Please Entrench Constitutional Reforms in the Interim Government Agreement

PRESS RELEASE  

Hon. Kofi Annan

Nairobi, Kenya 

Dear Hon. Annan, 

RE: Please Entrench Constitutional Reforms in the Interim Government Agreement 

We write you at a time when Kenyans have renewed hopes that a workable solution can be found to get Kenya out of the present crisis.  

We at the Coalition for Constitutional Reform, Kenya, welcome the agreement, committing all parties to embark on rewriting the Kenyan constitution.  

Kenya has to start afresh.  

The present constitution has to be overhauled in its entirety. The people of Kenya need to get a chance to write their constitution. After that, they can elect a new government which is transparent and accountable. 

Fresh elections means starting afresh with a new local government with direct mayoral elections, parliamentary elections in both upper and lower houses and if the people of Kenya so choose, a presidential election – only the people will decide what posts are going to be created. 

Section 47 

The interim government can contain interim posts such as prime minister and deputy prime minister etc, which are not in the current constitution. To legalize this, parliament should amend Section 47 and within that amendment, mandate the interim government. 

The express purpose of the interim government is to overhaul the current constitution within one year. It should delineate the power sharing structure, timeframe, and any interim positions etc. This amendment would then entrench the reform process and also serve as a safeguard against the PNU reneging on the agreement. It would also ensure that both the PNU and ODM do not collude once again, to trick Kenyans into prolonging the people’s pain under the current constitution until the next election, by which time it would be too late to prevent a repeat of the current fiasco.  

Both the legislature and the interim executive should work in tandem without undue politicization of the review process.  

Citizen's Assembly 

The people of Kenya, through a citizen’s assembly, should be recognized as an integral part of the constitutional reform process during the interim period. 

The citizen’s assembly should be empowered and facilitated to be a watchdog and voice of the populace since the Kenyan elite can never be trusted with constitution making. They have been at it for 15 good years, and it is obvious to even a most casual observer that they are bent on frustrating constitutional reforms, because they thrive on the current chaotic and corrupt system. Both the PNU and ODM (http://www.ccr-kenya.com/?news=86), as well as all the Kenyan elite including civil society, media, labour organizations, religious organizations, legal fraternities, professional bodies, academia, and women organizations (http://www.eastandard.net/archives/cl/hm_news/news_s.php?articleid=1143951891&date=3/05/2006), only use the constitutional reform process for immediate selfish gains.   

The citizen’s assembly would therefore check them and would have the power to intervene, if the process is being derailed by the elite.  

CCR-Kenya’s Ten-Point Roadmap to Constitutional Reforms within one year 

In civic education workshops, the people should come up with contentious issues from the Bomas Draft. The referendum should be held on these contentious issues only and parliament should have no role other than to automatically pass the draft as is. The president must also assent to the reform bill without fail (http://www.ccr-kenya.com/?news=87).  

Implementation of the new constitution  

The 10^th Parliament should be automatically dissolved upon implementation of the new constitution. This is because the current parliament was elected under the current constitution, which is defective.   

As the new constitution is going to be devolving power to the local governments, giving them control over revenue collection, expenditure, and natural resource management, there is a need for Kenyans to get the opportunity to start afresh on all fronts at once.  Kenyans want to elect mayors directly, so that local governments can cease to be dens of thieves and land-grabbers. Urban citizens live in pathetic conditions, because we have corrupt, inefficient, and unrepresentative local governments.  

In closing, we wish to commend you for the truly professional, comprehensive, fair, and diplomatic way, in which you and your team have conducted the mediation process.  

We take this opportunity to thank you, your team, and the international community for standing with Kenyans at the darkest hour in our history. It is our firm belief that Kenya will emerge from this crisis peaceful, united, stronger, and democratic. 

Sincerely,