Review Bill to be ready in 14 days

By Morton Saulo

A Bill that seeks to speed up constitutional review will be ready in 14 days, Justice, National Cohesion and Constitutional Affairs minister Martha Karua has disclosed.

The minister spoke amid simmering disquiet over the Government’s commitment to giving Kenyans a new constitution because the Finance minister did not make any provisions for the review in the Budget last Thursday.

Yesterday, Karua said her ministry was finalising the Bill that would ensure the country got a new constitutional order.

"We are about to finalise a new Bill that will help us have a complete and comprehensive constitutional review. It will be ready in the next 14 days," Karua, who was speaking to journalists in Nairobi after presiding over the inauguration of a PCEA church in Ruai, said. Present at the function was Embakasi MP-elect, Mr Ferdinand Waititu, and Ndaragua MP, Mr Jeremiah Kioni.

According to a roadmap prepared by PNU and ODM under the chairmanship of Oluyemi Adeniji, a committee of experts would spearhead the fresh efforts for a new constitution, which is expected to be ready within a year.

Four experts would be recruited based on expertise, while the team of Eminent Persons, headed by former UN Secretary-General Kofi Annan, would name three.

Issues to be agreed on by PNU and ODM coalition would be put to the vote in a referendum. Those on which the two sides do not agree would be presented to the voters separately at a referendum — with the two positions spelt out for the voters to decide which side wins.

Responding to concerns over funding of the review process, the Justice minister assured Kenyans that funds would be available to ensure that the Government kept its promise to give the country a new constitution.

"The reforms will be financed by special funds to be allocated by Treasury," said Karua, adding that it would be taken care of in next year’s Budget.

A constitution impasse has dogged the country since 2003. Successive drafts led to the dethronement of the Bomas document following disagreements of what were then considered contentious issues, revolving largely around the powers of the Executive.

This resulted in the Wako draft that was rejected by Kenyans in a 2005 referendum that polarised the country.

The crisis, touched off by last year’s disputed presidential election, further emphasised the need to review a constitution that has been accused of creating an imperial presidency and made it a high stakes’ political position.

Last year, a rift emerged over calls for minimum law reforms. The Government dilly-dallied then rejected the demands.

With this in mind, political parties turned the last General Election into a platform for calls for a new constitutional order.

On the failure to provide funding for political parties through the Exchequer in line with new law, Karua said no money would be given to political parties this year.

"We do not have money to give political parties this year. They will have to wait till January next year," Karua said.

The Political Parties Act, which has since been assented to by the President, becomes operational on July 1.

The law is expected to radically change the registration and management of political parties, but above all will block MPs from changing parties at whim.

Yesterday, Karua revisited the post-election violence suspects’ saga, saying the country needed to deal with the matter through a Truth Justice and Reconciliation Commission (TJRC).

"We cannot have reconciliation if truth and justice are not done for post-election violence victims. For true reconciliation to take place, we have to look at the evils done and those concerned made to carry their own crosses before they beg for forgiveness," she said.

Karua warned those illegally occupying houses of people uprooted by post-election violence to vacate or face the full force of the law.

"Long after President Kibaki and Prime Minister Raila Odinga signed the peace deal, some people are still illegally occupying houses that belong to displaced people. Force will be used if they do not vacate," the justice minister said.

She lashed out at fellow legislators for enjoying the peace and their salaries even as Kenyans continued to suffer after post-election violence.