Next week could be the turning point in the luckless chase for comprehensive reforms for the last 19 years.

The Committee of Experts (CoE) mandated with the collation of popular views and harmonisation of contentious issues is in the second-last stage of drafting a new set of laws that would, if adopted, govern Kenya.

But the process has not been without hidden political and deep-running internal schisms. The committee members, our enquiries revealed, have generally agreed on: A hybrid system of government more like the current one; devolution of power down to the provinces, but not the districts; abolishment of the Provincial Administration; and overhaul of the Judiciary.

Njoki Ndung’u: Committee of Experts member. Photo: File/Standard

the committee is working hard to complete the draft and release it in the first week of November,’’ said a member, who did not want to be quoted because of the sensitivity of the process.

To illustrate just how delicate and crucial the current phase is, the committee has a date with the Parliamentary Select Committee on Monday, and thereafter leaves for an out-of-town retreat to refine the draft in readiness for release to the public in the first week of next month.

But despite the progress being reported, independent sources revealed trouble was brewing between CoE and political parties, which are pushing for further consultations with it before the document is given to the public to study for a month, as laid out by the reform law itself.

To this end, it is understood the Monday meeting with CoE was requested by PSC, which is chaired by Mandera East MP Abdikadir Mohammed, to be briefed on the chapters on the contentious issues that have in the past killed the dream of a new constitution.

"PSC and politicians have been seeking to be involved at this stage because of the argument that if they do not reach political settlement now, the draft may die off like the Bomas Draft, when it goes to the public because it will be politicised and hard line positions will emerge,’’ revealed another CoE member.

She added: "I can assure you the committee has decided it is not going to comply with PSC request. I really fear the period after the draft is released could be stormy for Kenya."

On Thursday, CoEchairman Nzamba Kitonga told The Standard that his committee would not release any draft to interested groups outside the guidelines. He said his committee was working on a raft of issues that were contentious and denied reports that a draft was ready.

"Those reports that a draft is ready are unfounded. We are still working on the draft, but none is ready yet," said Kitonga.

"We are meeting the PSC on Monday to discuss the contentious issues and the way forward. We are not going to present any draft," said Kitonga.

Chairman of the Legal Committee in Parliament, Mandera East MP Abdikadir Mohammed

He said no draft would be presented to the House committee, arguing it would be illegal to do so.

Another member of CoE said the drafting process was 50 per cent through, adding: "Like in the writing of a thesis, every day you add more pages, so it is not like we do not have anything yet. But we are still meeting technical experts on special fields. This week, we meet Treasury officials to get their views on clauses related to finance,’’ he added.

Abdikadir said the meeting will see the CoE team update the PSC on its progress so far, and, "if they will come with a draft well and good, but that should not be seen as if we exerted pressure for an advance document".

Kitonga said his team would stick to the guidelines for the sake of transparency.

Abdikadir said CoE had indicated it might have a draft in the next two weeks "for perusal by the PSC".

"CoE has had enough time to deliver a new constitution and if they have a draft ready they would inform us formally when we meet them on Monday," said Abdikadir.

Abdikadir insisted on wide consultations between CoE and all stakeholders to reach consensus and avoid a situation where some felt excluded.

"I would be surprised if there were no pressure at all from any side of the political divide or even the reference and religious groups. Chances are that some leaders will want a document that will favour them in 2012 and beyond," said the Mandera Central MP.

In 2005 the contentious issues in the draft rejected at the referendum raised political temperatures. It left the country deeply divided along political and ethnic lines. The main issues in contention were the system of government, devolution, and transition into a new constitution.

But even as the news of the draft filtered through that the experts could have proposed a hybrid system, political troops have lately been battling over political representation.

The Interim Independent Boundaries Commission has just started gathering views from the public on the review of administrative boundaries to ensure fair representation.

One of the biggest turf wars is how constituency boundaries will be drawn and population of new constituencies. Politicians see constituencies as power-bargaining chips.

The President set the pace on Kenyatta Day, when he said, "The first step towards the birth of a new Kenya involves the search for a new constitution... The need to apply the principle of one person one vote led to the establishment of the Interim Independent Boundaries Commission in accordance with the Kriegler Report" was paramount.

Speaking to The Standard yesterday, lawyer Paul Muite said: "The way to achieve this is to borrow from the Ninth Parliament’s Committee on the Administration of Justice, which suggested dividing Kenya into three constituency categories — rural, urban, densely populated, arid and semi-arid.