The Election Date Debate Continues...

Written by Super User on 19 January 2012.

Kenyans are yet to know when exactly the country will hold its next elections. Regardless, several events have occurred that are bringing us closer to knowing the all-important date. The following is an explanation of what has been happening and where we stand on this issue.

The High Court Ruling

Following the heated debate on when elections should be held, the High Court made a ruling based on the authority given to them by the Constitution in Article 165 (3) (d), that says that, they have jurisdiction to hear any question respecting the interpretation of the Constitution including the determination of:

• The question of whether any law is inconsistent with or is forbidden by the Constitution.
• The question whether anything said to be done under the authority of this Constitution or any law is inconsistent with or is forbidden by this Constitution.
• Any matter relating to constitutional powers of any State organs in respect of county governments and any matter relating to the constitutional relationship between the levels of government.

The court ruled that elections be held in March 2013, unless President Mwai Kibaki and Prime Minister Raila Odinga disband the coalition government by the end of October 2012. They were categorical that the dissolution of the coalition government established by the National Accord was a key determinant. The accord states that the coalition government stands dissolved when either of the coalition parties agree in writing or one coalition partner withdraws from the mediated arrangement. If the elections were to be held this year, it will have to be within 60 days after the coalition government has been disbanded. This is according to section 6 of the National Accord and Reconciliation Act. However, if they do not do so then the election date will be subject to the end of the term of the current Parliament which is January 14th 2013, and election shall be held within 60 days after their term ends. This just means that the court ruling was only an interpretation of the law and the final decision on the election date lies in the hands of the two principals. The two principals are under pressure because they are being asked by some parties to dissolve Parliament in October for the elections to be held in December while other parties support the court ruling and want the elections to be held in March 2013.

Presidential Term

Following the High Court ruling, there is a question on whether there will be a political vacuum in case the election is to be held in March 2013, considering the fact that President Mwai Kibaki's term ends on December 31. According to Article 142(1), the President shall hold office for a term beginning on the date on which the President was sworn in, and ending when the person next elected President is sworn in. This in turn means that the President will remain in office until when the newly elected President is sworn in. If on the other hand President Mwai Kibaki resigns from office before the election date, according to article 146 (2)

• The Deputy President shall assume office as President for the remainder of the term of the President or,
• If the office of the Deputy President is vacant, or he is unable to assume the position, the Speaker of the National Assembly shall act as President and an election to the office of the President shall be held within 60 days after the vacancy arose in the office of the President.

This therefore means there is no possibility of a power vacuum occurring.

Cabinet Bill in Parliament

To add to the election date debate, the Cabinet recently presented a bill in parliament that was seeking to change elections date from the 2nd Tuesday of August to the 3rd Monday of December after every five years. It is still valid and in the event that it is passed, it will not affect the Court ruling made on the elections date that was in accordance with the 6th Schedule of the Constitution of Kenya. This means that the elections will still be held in March 2013 in case the coalition government is not dissolved. However if the bill is passed, it will mean that every other election following the next elections will be held in the month of December after every 5 years. However, if the bill fails to pass, then the month of August will be the official month of elections. It should also be clear that fact that the (2012) elections might be held in March 2013 does not mean that March will now be the official election month. The March 2013 date is a decision was based on when the term of the current Parliament will end.

The ICC Update

Written by Super User on 01 December 2011.

International Criminal Court is keen on tracing and profiling the assets of the six suspects charged with committing crimes against humanity following the 2007 post election violence. This follows a letter addressed to the Internal Security minister George Saitoti by the ICC Registrar Silvana Arbia asking him to trace, identify and freeze the property of the suspects pending the conclusion of the case. The move is aimed at thwarting the transfer of this property to third parties. This coincides with the recent release by Forbes magazine that listed the Deputy Prime/ Finace Minister Uhuru Kenyatta as the richest Kenyan with fortunes estimated at 50 billion shillings.

Wanted by ICC are deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, Tinderet MP Henry Kosgey, Head of Public Service Francis Muthaura, former Police Commissioner Hussein Ali and radio journalist Joshua Sang'.

Under the Rome Statute, once a suspect has been summoned or a warrant of arrest issued, the ICC judges have powers to issue orders freezing the assets and accounts of any suspect at the request of the chief prosecutor.

Article 57 (e) provides that ICC seizure of a suspect's assets or accounts is done as a "protective" measure in case a suspect is convicted and fined and if cash is needed to compensate victims.

Once the suspect is tried and convicted, the judges can issue an order for transfer of such assets into the Victims' Trust Fund for disbursement to victims as reparations. But if the suspect is found innocent, the court must lift the freeze order.

Articles 57 (e) and 58 sets out how the court can issue a warrant while Article 93 compels the government to assist the court in "the identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties.

Under the International Crimes Act (2008), the government is bound to cooperate with the ICC regarding tracing and seizure of assets owned by ICC suspects.

Article 106 (a) and (b) of the Act states that where the ICC requests assistance in identifying, tracing and freezing, or seizing, any property for the purpose of eventual forfeiture, the Attorney General shall only give authority for the request to proceed only if he is satisfied the request relates to an international crime and the property is or may be located in Kenya.

Article 130 (1) of the provides that "any money or property, including the proceeds of sale of property, recovered as a result of the enforcement under this Part of an order of the ICC shall be transferred to the ICC".

ICC froze the assets and accounts of Congolese rebel leader Jean-Pierre Bemba who is on trial for crimes against humanity and war crimes allegedly committed during the conflict in the Democratic Republic of Congo.

An estimated $6 million (Sh480 million) assets belonging to former Liberian President Charles Taylor held in ten countries in Europe were frozen after a United Nations-backed special war crimes tribunal for Sierra Leone started prosecuting him for war crimes.

Understanding the Law in the Nancy Baraza Case

Written by Super User on 17 January 2012.

Lady Justice Nancy Baraza, the Deputy Chief Justice and the Deputy President of the Supreme Court, is alleged to have assaulted a security guard Ms. Rebecca Kerubo, on New Year's Eve at the Village Market, an upmarket shopping mall in Nairobi. Justice Baraza is accused of drawing a gun on the security guard who was trying to screen her during a routine security check at the entrance. The security checks have become a necessity at malls, hotels, churches and other important buildings because of the on going terror threats which have resulted from Kenya's war against the al shabaab.

In this new constitutional dispensation though, the Deputy Chief Justice is finding the going tough for her as a keen public watches to see whether the new judicial team will resolve this case in an impartial and fair manner – by strictly following the rule of law as stipulated in the constitution. Article 75 of the Constitution clearly that whether in public places, official places, in private or in association with other persons, a state officer shall behave in a manner that avoids demeaning the office the officer holds.

The Police

The Police believe Justice Baraza should face gun charges. Some of the charges they are likely to recommend are unlawful possession of a firearm, illegal use of a firearm and threatening to kill. However, after reviewing the evidence submitted to him by the police, the Director of Public Prosecutions Keriako Tobiko dismissed it claiming that it was not enough to prosecute the Deputy Chief Justice. Mr. Tobiko stated that the case put together by the police was full of gaps, inconsistencies and contradictions. He gave the police seven days to fix it. He further claimed that the CCTV footage of the incident had not been included in the submitted evidence. The office of the Director of Public Prosecutions is concerned with looking at the criminality and charges in the matter while the Judicial Service Commission (JSC) is concerned with alleged professional misconduct.

Before the JSC

The Deputy Chief Justice has already appeared before the Judicial Service Commission (JSC) for questioning. The JSC, according Article 172(1) of the Constitution, paragraph (c), can "appoint, receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates, other judicial officers and other staff of the Judiciary, in the manner prescribed by an Act of Parliament." According to the constitution, the only action that can be taken by the JSC is to recommend to President Mwai Kibaki that a tribunal be set up to investigate her conduct. So after holding evidentiary hearings and interviewing several material witnesses, the Judicial Service Commission has gone ahead and recommended the suspension of Justice Baraza. The Chief Justice Willy Mutunga on Friday said that the sub-committee he appointed to investigate her conduct had resolved to send a petition pursuant to Article 168 (4) to President Kibaki with a view of suspending her as Deputy CJ and as a judge of the Supreme Court.

If there is no evidence of the Deputy CJ assaulting the guard, she will be cleared. On the other hand, if it is found that she conducted herself inappropriately, she might be requested to honorably resign or face a tribunal. Alternatively, sanctions might be imposed upon her if found guilty and allowed to continue in office.

Removal from Office

Article 168 gives clear stipulations and guidelines that can be used/ applied to remove a Judge of a superior court from office. These are summed up below:

1. A judge of a superior court may be removed from office only on the grounds of
   • Inability to perform the functions of office arising from mental or physical incapacitation
   • Breaching a code of conduct prescribed for judges of the superior courts by an Act of Parliament
   • Bankruptcy
   • Incompetence
   • Gross misconduct or behavior
2. The removal of a judge may be initiated only by the Judicial Service Commission acting on its own motion, or on a petition given by any person to the Judicial Service Commission.
3. The petition by a person to the Judicial Service Commission shall be in writing, setting out the alleged facts constituting the grounds for the judge's removal.
4. The Judicial Service Commission shall consider the petition and send it to the President, if it is satisfied that the petition shows a valid ground for removal.
5. Within fourteen days of receiving the petition, the President shall suspend the judge from office and acting in accordance with the recommendation of the Judicial Service Commission he shall...
   • In the case of the Chief Justice, appoint a tribunal consisting of
     1. The Speaker of the National Assembly, as Chairperson
     2. Three superior court judges from common law jurisdictions
     3. One advocate of 15 years standing
     4. Two other persons with experience in public affairs.
   • In the case of a judge other than the Chief Justice, appoint a tribunal consisting of
     1. A chairperson and three other members from among persons who hold or have held office as a judge of a superior court, or who are qualified to be appointed as such but who, in either case, have not been members of the Judicial Service Commission at any time within the immediately preceding three years
     2. One advocate of fifteen years standing
     3. Two other persons with experience in public affairs
6. Any judge who is suspended is entitled to continue receiving half their remuneration and benefits until such time as the judge is removed from, or reinstated in, office.
7. A tribunal appointed under clause shall
   1. Be responsible for the regulation of its proceedings,
   2. Inquire into the matter promptly and report on the facts and make binding recommendations to the President.
8. A judge who is aggrieved by a decision of the tribunal may appeal against the decision to the Supreme Court, within ten days after the tribunal makes its recommendations.
9. The President shall act in accordance with the recommendations made by the tribunal.

Conclusion

While some may see Justice Baraza's predicament as an embarrassment to the judiciary, it is nevertheless a test of the spirit of equality of all before the law. Chapter Six of our Constitution deals with leadership and Integrity. This is important because the public needs to have confidence in the constitutional offices. All State officers are constitutionally required to bring honour to their office in both their public and private dealings. This is a crucial test involving the newly appointed Judicial Service Commission, which has been tasked with guiding reforms in the judiciary.

Frequently Asked Questions on the Constitution

Written by Super User on 13 May 2010.

1. Why is a National Constitution important? The Constitution of a nation is the most important governance document. It is the mother and father of all laws. Any law that is in conflict with the Constitution is null and void. It defines the people, their values and the nation and its destiny. Kenya 's current constitution was written in London with the help of the British colonialist. It is under review to correct past anomalies and ensure justice, fairness and equity for everyone
2. Why are Christians against Kadhis Courts in the Draft Constitution? Christians are against the inclusion of Kadhis Courts because it is an outright injustice to other religions. Kenya is a multi-religious society! Christians' objections to the inclusion of Kadhi Courts were ignored by the government, the Constitution of Kenya Review Commission, the BOMAS gathering, the Committee of Experts and most recently the Parliamentary Select Committee. Christians are left with no choice but to vote against the new Constitution unless the Courts are removed.
3. Are Christians against Muslims? No. Christians are not against Muslims. They are against injustice and unfairness in the draft constitution perpetrated by the Government and the review organs.
4. Why didn't Christians request for Christian Courts? Christians seek for a just society for all Kenyans, not only the rights of Christians. They advocated for an effective executive with an accountable President, an effective Parliament, an efficient judiciary, and respect for the rights and responsibilities that promote an equitable, just and moral values based society. The Constitution must set up a Judiciary that is good for all Kenyans.
5. How come Kadhis Court was not identified as a contentious issue by the Committee of experts? Christians submitted thousands of memoranda to the Committee of Experts rejecting the inclusion of Kadhis courts in the constitution. The Committee of Experts deliberately refused to identify Kadhis Courts as a contentious issue. Instead, the Committee of Experts that was supposed to be impartial was partisan and openly campaigned for inclusion of Kadhis Courts in the constitution. We now think it was deliberate because Muslims have dominated the Committee of Experts and the Parliamentary Select Committee.
6. Are there Christian MPs in Parliament who can speak for Christians the way Muslim MPs do? There are Christian members of Parliament, but they have been silent. They have not stood for what is right and just. Church leaders are calling on Christian MPs to stand up and be counted. In future, we urge you as a citizen to vote for those people who will not sit by and watch as our country is sold out. Meanwhile, Christians must organize themselves under the Lords guidance and speak the truth even if MPs fail us.
7. So what do Christians want? It is not what Christians want but rather what Kenyans want. Kenyans want a constitution that defines how society is organized on the basis of justice, truth, fairness, effective checks and balances, and an effective bill of rights for all Kenyans. With regard to religion, it should be one that provides for freedom of worship to people of all faiths under the Bill of Rights. The Constitution of Kenya must remain neutral with regard to religion, in order to offer equal protection to the people of all religions.
8. Why are Christians opposed to Kadhis courts yet they have not harmed any body? The fact that the Kadhi Courts did not harm non-Muslims does not mean it was right for them to be included in the Constitution. It was wrong and discriminatory against the people of other faiths from the beginning. Kenyans' patience since independence must not be taken for granted. It is time to correct all wrong things. Muslims should by now be an integral part of the Kenyan community not requiring special treatment or protection! The constitution must not divide the people along religious or other lines. Kenyans want one nation, one land, one law that caters for all irrespective of religious affiliation. This is the practice in stable democracies around the world. We should not let a new constitution to perpetuate past injustices. Christ said: "And no one pours new wine into old wineskins. If he does, the wine will burst the skins, and both the wine and the wineskins will be ruined. No, he pours new wine into new wineskins" (Mark 2:22). Inclusion of Kadhis Courts in the new constitution is like pouring new wine into old wineskins. It will burst the skins.
9. Who qualifies to be a Kadhi? A Kadhi is a Muslim judge or magistrate. While many claim that the Kadhi is a purely judicial officer who serves in a Kadhis Court , they in Kenya they perform religious functions. The Chief Kadhi declares the beginning of Ramadhan a major Muslim religious festival. As an officer of government, it is discriminatory that, to be a Kadhi, one must profess the MUSLIM RELIGION. This means even if a Christian possesses knowledge of the MUSLIM LAW applicable to any SECTS OF MUSLIMS, he cannot serve as a Kadhi, meanwhile Muslims can preside over cases of non Muslims!
10. What law does Kadhis Court enforce? Kadhis Courts enforce Islamic law commonly referred to as Sharia. Sharia is the Arabic word where our Kiswahili word Sheria is borrowed from. Sharia is the law system based on the the Koran, the Sunna, older Arabic law systems, parallel traditions, and the work of Muslim scholars over the two first centuries of Islam.
11. What are the implications of the inclusion of Kadhis Courts in the Constitution? The inclusion of Islamic Sharia courts in the constitution divides Kenyans along religious lines. It would reinforce two classes of Kenyans, Muslims and the rest. Kenyans are seeking a constitution that unites.
12. Is the draft constitution Christian? No. The draft Constitution is a collection of all just and fair laws from any source where they may be found. It draws from Judeo-Christian principles of equality, fairness, justice and equity. This does not make it Christian! These are values recognized by people from all religions, ethnic communities or professional backgrounds. We as Kenyans do not want a Christian or Muslim or Hindu constitution. We want a Kenyan constitution made by all Kenyans for all Kenyans. Unfortunately, as it is now, the constitution appears to be Islamic! It mentions the word Muslim 6 times, and Kadhis 5 times. It does not mention the word Christian at all!
13. What have Christians proposed? That the Constitution recognizes every Kenyans freedom of worship. That every Kenyan worships and submits to the religion they choose at their own cost and not government's cost. We appeal that all religious beliefs and practices be left to the Churches, Mosques and Temples where they belong.
14. Did Jomo Kenyatta agree with the Sultan to entrench Kadhis Court in the constitution? No. Kenyatta undertook to the Sultan of Zanzibar to only preserve the jurisdiction of Kadhis courts. The Kadhi was to operate in the ten mile Coastal strip. While Section 66 of the current constitution provides that the Chief Kadhi and the Kadhis "shall each be empowered to hold a Kadhis court having jurisdiction within the former Protectorate or within such part of the former Protectorate as may be so prescribed", the government violated the constitution and established Kadhis Courts in areas which are outside the ten mile coastal strip like. Christians filed a case in court to challenge this wanton violation of the constitution of Kenya .
15. If Christians succeed in rejecting the constitution during the referendum, will we not still have Kadhis Courts under the current Constitution any way? Christians are actively involved in this matter and will not stop at a No vote at the referendum. Christians filed a case in the High Court in 2004 to declare Kadhis Court unconstitutional. The hearing ended in February 2009. It is regrettable that time has lapsed and the High Court is yet to deliver the judgment. Christians will next sponsor a motion in Parliament to amend the current constitution to delete section 66 which provides for Kadhis Court .
16. Should Kenyans reject the draft constitution just because it has Kadhis Courts? Yes. If you had a soda with a small amount of poison, would you drink it? Let us not be deceived by people who either do not have the interest of Kenya at heart or are unable to see divisiveness of this issue. If they are serious and want us to accept the new constitution, let them delete all references to the Kadhis Court in the constitution.
17. Is it true that the Bill of Rights shall not apply to Muslims? Yes. Muslims are the only Kenyans who are allowed to violate the Bill of Rights. Kenyans should not allow this to happen. Let every Kenyan be equal before the law of the land and particularly the Bill of Rights.
18. If Christians succeed in rejecting the Kadhis Court, will the Muslims unleash violence? No. Christians and Kenyans in general should not allow themselves to be manipulated and intimidated by the threat of violence. Kenya is a democracy, Muslims must argue with ideas and the ballot box, not violence. In any case, it is hoped that Muslims in Kenya are peace loving and will respect the decision of Kenyans. The threat by some Muslim leaders to secede from Kenya is a matter that the security forces are able to handle.
19. What about abortion? Abortion is the willful termination of a woman's pregnancy on the basis that it is unwanted. A woman may herself be under pressure because she desires to hide the fact or may be under pressure from other person(s) for the same reasons
20. When does life begin? Life begins at Conception. All doctors who claim that life begins at birth are professionally untrustworthy, because the fetus in the mother's womb are usually alive. Whenever a fetus dies, it is always an emergency to operate and to remove it.
21. What do Pro-abortionists want? Their interest is to make money from vulnerable women. In the course of the abortion process the life of the woman is endangered, their conscience and faith are trashed and they become guilty of murder.
22. What does God say about the life of the unborn? The unborn babies are complete human beings created in the image of God. Any one who aborts them is a murderer. God called Jeremiah in the mother's womb (Jer. 1:4-5). When Mary after she became pregnant met Elizabeth , John leaped in her womb to rejoice at Jesus. (Lk 1:41-44). God commanded that His people in the sixth commandment, 'Thou shalt not kill.' (Ex 20:13) Abortion is murder, the killing of the unborn innocents.
23. Does anti-abortion law hinder the practice of medicine? No. The constitution allows a doctor, upon medical examination of a pregnant woman, to terminate a pregnancy if the life of the mother faces a medical condition that leads to the death of both mother and baby.
24. What about Marriage? The Constitution must state that Marriage in Kenya is between two adults of the opposite sex. It must not allow any type of marriage which God calls an abomination. For us as Kenyans, let us pray that God blesses our men and women to form godly and healthy marriages.
25. What can I do as a Kenyan? As a citizen of this nation you must make your voice heard on these matters! You also need to do the following:

• You must read and understand the draft Constitution personally
• Petition your Members of Parliament to delete all the sections referring to Kadhis Courts, or that introduce any unacceptable laws in the Constitution.
• Register yourself as a voter, and ensure all your friends register as voters. If Kadhis Courts, pro-abortion laws are included in the constitution ensure that all your friends and yourself vote NO at the referendum.
• Photocopy this paper and pass it to at least 10 more people in your area.
• Pray that God will defeat all the efforts of the people seeking to perpetrate an injustice against Christians and other religions by entrenching the Kadhis Court in the constitution.

Issued by Christian leaders from all Church Denominations, all Umbrella Organizations and all other Christian Organizations in Kenya . These include all Churches and organizations under the NCCK, the KEC, the EAK, the UCCK, and the FEICCK. For comments or further enquiries, contact: This email address is being protected from spambots. You need JavaScript enabled to view it. This e-mail address is being protected from spambots. You need JavaScript enabled to view it or This email address is being protected from spambots. You need JavaScript enabled to view it.

IEBC's Report on Boundaries

Written by Super User on 12 January 2012.

The Independent Electoral and Boundaries Commission (IEBC) has launched boundaries that define the new constituencies. The commission said it would conduct public hearings in all the 47 counties to get Kenyans' views on the boundaries for constituencies and wards. The Commission will also accept emails and written submissions hand delivered to the Constituency Election Coordination Office. Concerns have already started mounting over the report, which is almost a replica of the report prepared by the now defunct Interim Independent Boundaries Review Commission (IIBRC), led by Andrew Ligale.

The IEBC chairman Isaac Hassan explained that the IEBC had to use the IIBRC report as their primary reference point as required by the Constitution and didn't have much choice. The IEBC also used the parliamentary report on the Ligale document as its second reference point.

The report has allocated Rift Valley Province the largest share of new constituencies increasing its parliamentary representation to 76 from 49. Central Province was to get an additional five seats from the current 29. Nairobi was set to double its constituencies from eight while Nyanza got 10 new units, bringing its strength to 41. North Eastern was to increase its MPs from 11 to 18, while the densely populated Eastern Province was to get 8 additional constituencies. Western Province was to get 10 extra constituencies while the Coast Province was to get 5 to bring its representation to 26. This brings the total number of constituencies to 290 up from 210 in line with the provisions of the Constitution of Kenya 2010.
Constitutional Provisions

Article 88(4) (a) of the Constitution mandates the IEBC to delimit (draw the boundaries of ) constituencies and wards. Article 89 of the constitution gives lengthy provisions on the delimitation of electoral units. According to paragraph (1) there needs to be two hundred and ninety constituencies set up by the Commission for the purposes of the election of the members of the National Assembly. Below are further constitutional provisions on the same.

The Independent Electoral and Boundaries Commission shall review the names and boundaries of constituencies at intervals of not less than eight years, and not more than twelve years, but any review shall be completed at least twelve months before a general election of members of Parliament.

The Commission shall review the number, names and boundaries of wards periodically.

If a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election.

Various considerations were to be given by the IEBC to ensure that they were not inconsistent with the provisions of the law in performing this task. For instance,

The boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota, but the number of inhabitants of a constituency may be greater or lesser than the population to take account of—

• geographical features and urban centres;
• community of interest, historical, economic and cultural ties.
• means of communication.

In addition, the number of inhabitants of a constituency or ward may be greater or lesser than the population quota by a margin of not more than forty per cent for cities and sparsely populated areas; and thirty per cent for the other areas. Population quota means the number obtained by dividing the number of inhabitants of Kenya by the number of constituencies or wards, into which Kenya is divided.

In the process of reviewing the constituency and ward boundaries the Commission is to consult all interested parties; and work progressively towards ensuring that the number of inhabitants in each constituency and ward is, as nearly as possible, equal to the population quota.

The Commission is mandated to alter the names and boundaries of constituencies, and the number, names and boundaries of wards where necessary. The names and details of the boundaries of constituencies and wards determined by the Commission shall be published in the Gazette, and shall come into effect on the dissolution of Parliament. However, if dissatisfied by the Commission's decision on this matter, a person may apply to the High Court for review such a decision.

An application for the review of such a decision should be made within thirty days of the publication of the decision in the Gazette and should be heard and determined within three months of the date on which it is filed.

Public contributions can be made either through written submissions that are hand delivered to IEBC offices at the Anniversary Towers in Nairobi, or through entries made to IEBC's website.

After the 21-day period for public participation, the commission will take 14 days to look into any concerns raised before considering them in the final report. The report will then be forwarded to the parliamentary committee on Justice and Legal Affairs, which will again take another 14 days to scrutinize it before presenting it in Parliament. Members of Parliament will then have seven days to debate the report and adopt it with or without amendments after which it will be returned to the IEBC for an extra 14 days before it is gazetted and published.

Hon. Mutula Kilonzo of the Ministry of Justice, National Cohesion and Constitutional Affairs is quoted as indicating that there shall be no extension on these deadlines. This is because they are not only clearly stipulated by the law, but also any delay would mean missing important benchmarks set out in the schedule for the implementation of the Constitution.

The Constitution Review

Written by Super User on 12 April 2010.

Why is a National Constitution important?

The Constitution is the most important governance tool in any country since it is the mother law upon which all the other laws derive their authority and existence. It provides the framework for the rest of the laws to be expanded and derived. It defines the people's most fundamental values, and protects their most cherished freedoms.

What is Constitutional Review

This is the process via which a Constitution is looked over and amended. Because of its very nature as a Mother Law, the Constitution is the most difficult of all laws to amend. Other laws can be changed with a simple majority in parliament, after a motion tabled by a single member of parliament, and debated by the MPs in the House.

Quorum for a session is 40 MPs, so if a majority of 40 MPs in the House are agreeable, a law can be changed. A constitution needs to have 67% of ALL members of parliament in agreement for it to change. This is how the repeal of section 2A that got rid of one party state was done and the subsequent introduction of multi party politics in Kenya was introduced. However, the process now is not just for one section, it is a complete overhaul of the Constitution,

seeking to right all that we have found to be wrong with the constitution since we started using it in 1963 to date. This wider overhaul requires that ordinary Kenyans do participate, so that the values they hold dear can be protected by the Mother Law. Since all law MUST conform to the constitution, it in turn means that parliament cannot enact any laws that go against the Mother Law.

Why do Kenyans oppose issues in the constitution?

Many people have voiced their opinions in regards to the Constitution review. Among those are some sectarian views that are not the core values that Kenyans embrace. Kenya is an African society, whose strength is found in strong families, high standards of morality, with an acute sense of right and wrong. There are things that have never been a part of our African society, and if allowed to permeate, will erode the nature of Kenyan society, and introduce values that are foreign to us. We need to be sure that even after we are gone, our future generations will hold dear that which has made Kenyans who they are.