Change of law, the answer, say lawyers

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Published on January 16, 2008, 12:00 am
By Susan Anyangu

Kenya faces a constitutional crisis and an overhaul of the Constitution was the only way out, lawyers have said.

During a public debate organised by the Law society of Kenya (LSK), they said the Constitution could not save the country from the political impasse.

They suggested a transformational government under which the country could begin constitutional reform.

Mr Ahmednassir Abdullahi, a former LSK chairman, said: "The two parties should agree that the President serves less than five years. During the period, we should embark on a new and better constitution and institutions and only then should another election be held."

He warned that should the country go back to the ballot box with the current Constitution, what happened on December 27 would be repeated.

The meeting was to discuss the way out following post-election violence that has left more than 500 people dead and 300,000 displaced.

During the discussions, there were recommendations that ODM file an election petition. However, some lawyers accused their colleagues of hypocrisy, saying the truth was that they had no faith in the judicial system.

"No court in Kenya shall declare a presidential poll invalid. The office of the Attorney-General has created impunity. The rule of law is weak and cannot be trusted," Abdullahi said.

But Ms Lucy Kambuni, an advocate, said the solution was for ODM to seek legal redress.

She criticised her colleagues for vilifying the legal system and challenged them to close shop if they had no faith in the Judiciary.

http://www.eastandard.net/news/?id=1143980448&cid=159

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