Experts fault ongoing clamour to conduct referendum

By GEOFFREY MOSOKU

KENYA: A member of Committee of Experts (CoE) behind the 2010 Constitution has dismissed ongoing clamour for amendments.

Dr Ekuru Aukot, who was CoE’s secretary, said on Sunday that amending the Constitution was not a priority at this moment.

Interviewed on the eve of the third anniversary since Constitution promulgation, the lawyer said that those pushing for any change to the supreme law were motivated by personal and selfish interest and not service to the people.

He argued that the chorus to amend the Constitution was an indicator that what ails the country is lack of leaders with vision and integrity.

“All this talk about amending the Constitution confirms what Kenyans have all along asked for — the need for Chapter Six on leadership and integrity,” the lawyer says.

Aukot said the leadership of the country should be committed to implementing the Constitution in letter and spirit. 

“We do no not need to amend any part of the Constitution, and just like some countries such as Israel and UK, the aspirations of all Kenyans can be satisfied if we have visionary leaders who know where they want to take their people,” he added.

Political parties led by CORD and a section of governors and senators have been pushing for a referendum to amend various laws to ostensibly strengthen devolution.

At the same time, Members of the National Assembly are working on a Bill that seeks to remove them, judges and magistrates as well as county assembly members from the definition of State officers

“The Constitution is under attack and the nation today needs to prick its conscience and ask why amend the law. This is an indictment of voters who support people based on tribe and they end up picking leaders who lack integrity.”

Similar comments were made recently by Commission on Implementation of the Constitution (CIC) chairman Charles Nyachae, who termed the call for a referendum immature.

Although Nyachae says those pushing for a plebiscite have a right to do so, any referendum will impact on the smooth implementation of the new laws.

“As much as it is the constitutional right of Kenyans to push for a referendum, it is a pre-mature move because the process may impact negatively on the implementation of the Constitution,” he said in Mombasa recently.

The CIC boss, however, added that the Constitution has provisions under sections 255, 256 and 257 that give citizens the right to call for a referendum, urging that those doing so should not be demonised.

Governors led by their council chair Isaac Ruto have been agitating for change to devolution laws to increase budgetary allocations for counties to at least 45 percent, up from the 15 per cent provided for currently.

The governors also want the law to spell out clearly the functions of the national government vis-a-vis those of county governments.

However, Aukot says that President Uhuru Kenyatta can salvage the country from the conflicts between the national and county governments.

“If I were the President, I would dissolve the Transitional Authority and deal directly with counties.” he added.

CIC commissioner Kamotho Waiganjo commented: “Amending the Constitution will come at a cost, both financial and political. The issues that are of concern by those calling for a referendum can be addressed within the context of the current Constitution without amending.”