By Martin Mutua

The Committee of Experts on the constitutional review process has been operating illegally for the past two weeks, The Standard has learnt.

Sources say the committee’s contract expired on February 23, when it handed over the draft constitution to the Parliamentary Select Committee on Constitutional Review headed by Mandera Central MP Abdikadir Mohammed.

"There has been anxiety at our offices on the manner in which we have been operating without a contract and this has caused concern," a committee member told The Standard.

Justice and Constitutional Affairs Minister Mutula Kilonzo confirmed the contract had expired but down played the issue.

"I cannot say that they are operating illegally although I have not received anything on my desk from them proposing the way forward for me to pass it on to the principals," he added.

Mutula said if the constitution goes through Parliament without any amendments, the Attorney General would pass it on and come up with a Bill for the referendum.

However, the minister noted that if there were changes made, the document would be passed on to the CoE to synchronise it before being passed to the AG.

The CoE was created by the Constitution of Kenya Review Act 2008 and are a product of the Agenda Four in which the constitution was prioritised among other reforms.

Clear provisions

The CoE was sworn in on march 2, last year at a time they had already lost three months since the Act came into force on December 23, 2008 with clear provisions contained in sections 1 and 28. Under these sections, the CoE was given 12 months to complete the constitutional review process.

The CoE therefore assumed it only had nine months if the Review Act 2008 was not amended and swung into action with clear commitment to deliver the harmonised draft constitution within the statutory time line.

According to the Act, Parliament is supposed to approve the draft within 30 days from the day it was tabled and the same shall be forwarded to the AG for publication.

Parliament may propose amendments to the draft constitution and submit it to the CoE for consultation and redrafting.