Kenya: Fresh battle looms on law review plans

By BERNARD NAMUNANE and LUCAS BARASA

A fresh initiative by PNU for a deal on minimum reforms as a way of fast-tracking the constitution review has triggered a new battle between wrangling Grand Coalition partners.


PNU has identified 14 key essential reforms it wants agreed upon through consensus in Parliament.

However, ODM has questioned the initiative, saying it could be a tactic
to block comprehensive reforms, which form the backbone of the National
Accord.

PNU Parliamentary Group secretary George Nyamweya on Sunday confirmed
they have drafted a document, which if agreed upon by their ODM
counterparts, would either be tied to or included in the final
Constitution documents being prepared by a Committee of Experts,
chaired by lawyer Nzamba Kitonga.

This will ease and fast-track the work of experts. The experts will
look at all documents, including input given by the people to Ghai
Commission, make sense out of them and harmonise the documents so that
when we go to referendum, we don't go as banana or orange, but as
leaders who have agreed on a good document for Kenyans, said Mr
Nyamweya who is also PNU's vice-chairman in charge of elections.

The Nation has obtained a letter from the PNU Coalition
Coordinating Committee to Government Chief Whip George Thuo titled
Essential Reforms.

Among the issues singled out for enactment through Parliament include
dual citizenship; establishment of Supreme Court; giving Parliament
control over its own calendar, fixing General Election dates and
Parliament sittings.

Judges will be vetted by Parliament under this pl

Mr Thuo has already filed a Bill on dual citizenship.

Retirement age

Others are that the winner of presidential race should secure 50 per
cent plus one vote in the General Elections failing which the two
contenders go for run-off, elections be held on a fixed date every five
years and the establishment of a Senate.

A winning President be sworn in after 45 days of the election and that
election petitions of MPs and President be resolved within 90 and 45
days respectively, and number of ministers fixed at between 15 and 25
are the other changes PNU is pushing for.

The party further wants retirement age of all constitutional office holders fixed, and increase constituencies to 300.

However, some of the issues are subjects of the judicial, electoral and
police reforms which will be handled separately by teams that either
have been or are yet to be set up.

For the majority of the above, its enough if the Constitution is
amended to give Parliament the authority to make laws to govern the
particular item, said the letter dated April 21.

Mr Thuo refused to comment when contacted.

He said: That one I will not discuss. You can just go ahead and write the story.

Even though Mr Nyamweya said he had personally met ODM leaders and
discussed the proposed reforms, joint Coalition Whip Jakoyo Midiwo
accused PNU of seeking to block enactment of comprehensive reforms.

But Mr Nyamweya said: We will soon meet as parties for a formal agreement.

However, Mr Midiwo said ODM was committed to comprehensive reforms and
will use its Parliamentary majority to ensure they are attained.

We want comprehensive reforms because those things are just meant to
subvert the new Constitution. This Parliament has asserted its
authority and will not be hoodwinked into passing some semblance of
reforms, he said.

The revelation comes in the wake of promises by President Kibaki the
latest on Sunday and Prime Minister Raila Odinga that Kenyans will
get the new Constitution they have been waiting for since the early
nineties.

New Justice and Constitutional Affairs minister Mutula Kilonzo has
promised to deliver the new set of laws within 11 months. The minister
has also pledged to push through wide ranging reforms as stipulated in
the National Accord.

Presidential system

Hopes of overcoming roadblocks to a new Constitution got a new lease of
life when a Parliamentary select committee on the review led by Mandera
MP Mohamed Abdikadir put in place the committee of experts to work on
the draft law.

On Sunday, Narc Kenya and Ford Kenya questioned the unilateral approach
to the review process that was being fronted by PNU, which held a
retreat last weekend in Nakuru and a Parliamentary Group meeting last
week on reforms.

The party proposed a hybrid Presidential system, appointment of Cabinet
members from outside Parliament and the centre of devolution to be at
the provincial level.

Narc-K chairperson Martha Karua faulted PNU for coming up with its own
proposals warning they threaten fresh efforts to attain the new
Constitution.

It is not proper for any one party to take a position on issues. It is
important that we sit down together as a caucus of MPs. The way they
are doing it spells doom for the process and we can't rule out
sabotage, she said.

Ford-K chairman Musikari Kombo opposed some of the proposals by PNU and
argued that contentious issues must be sorted out by all MPs, and not
just a section of lawmakers who appear to have partisan interests.

He singled out the hybrid Presidential system and argued that Kenyans
must choose either the Parliamentary or Presidential system.

We either have to go Parliamentary of Presidential. Except for the
United States and France, show me any other country in the world that
prefers the Presidential system? he asked.

Essential reforms were fronted in the lead up to the last General
Election, but quickly shelved by the Government after the two sides
failed to agree. PNU asserts that they were scuttled by Ms Karua who at
the time was Justice minister.

Mr Nyamweya said most of the reforms were essential whether the country was going to have a new constitution or not.

His party, he added, wants the number of provinces increased to 20 with
Nyanza being split into three. ODM MPs especially from Rift Valley have
however since rejected calls for the increase of the provinces.

On Sunday, Mr Nyamweya said informal talks were already ongoing between
PNU and ODM leaders on the proposed minimum reforms and was hopeful it
will gain necessary support.

Daily Nation

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