By:Francis Gachuri
Martha Karua, Justice and Constitution minister says the principal object of the constitution of Kenya review bill 2007 is to chart a roadmap for the completion of the review process.
The quest for minimum reforms is now in top gear after Justice and constitutional affairs minister Martha Karua published two bills seeking to navigate the writing of a new constitution, culminating in a referendum.
The Constitution of Kenya review bill 2007 proposes the establishment of a body known as the Council of Reference that will constitute 104 members drawn from political parties, the civil society and other stakeholders in the review process.
The latest move comes barely a day after the Muite-led parliamentary committee on administration of justice tabled in the house a report proposing extensive amendments to the constitution.
The Council of reference shall be the principal organ of the review process and shall provide policy directions to guide the process and identify the contentious issues in the proposed new constitution 2005,the Bomas draft and any other draft the council shall deem appropriate.
The council members shall appoint among themselves a steering committee that will be the principal organ of the council.
The council is expected to complete its work within 12 months from the commencement of the act. But it shall within two months of commencement prepare a draft constitution for presentation to the conference.
According to Karua, the principal object of the constitution of Kenya review bill 2007 is to chart a roadmap for the completion of the review process culminating in a referendum and the promulgation of a new constitution.
But on the other hand, the parliamentary committee on administration of justice vice-chairman Kenneth Marende has tabled a report he says is based on wide consultations with parliamentary political parties and other stakeholders in the constitutional making process. Marende also gave a notice of motion for adoption of the report.
The report seems to have thrown into a spin the planned talks between the government and the opposition amid disagreement on what constitutes minimum reforms.
The document seeks to fix the number of cabinet ministers, curb poaching of opposition MPs, triple the number of nominated MPs from the current 12 to 36, 24 of whom must be women.
The team also proposes that the winner of presidential elections must garner more than 50% of total votes cast in addition to the requirement that the victor clinches 25% of the votes cast in at least 5 provinces. Failure to this, a run-off between the candidate with most votes and the runner-up is called.
Other key aspects in the report include funding of the political parties, reconstitution of the Electoral commission of Kenya with not more than 9 members who must be vetted by parlianment, independence of parliament to control its calendar and judicial autonomy.
Others are provision for dual citizenship and vetting of all public appointments by the house.
The proposals were first tabled in parliament last year by Muite but lapsed when the house was prorogued.
With the counter tabling of reports and bills in parlianment, the current debate on what entails minimum reforms and fresh demands from the opposition-side Muungano wa Katiba Mpya, it appears Kenyans will have to wait a little longer for constitutional changes as the debate rages.
