Should review process be suspended because two drafts were published?

The constitutional review was jolted last week after Attorney General Amos Wako admitted existence of two drafts and cited NSIS as Higher Education Minister William Ruto led the ‘No’ team in calling for suspension of the entire process. Senior Political Writer Stephen Makabila interviewed Assistant Minister and Marakwet East MP Jebii Kilimo and Kimilili MP Eseli Simiyu on whether the process should be suspended or not.

YES : Assistant Minister and Marakwet East MP Jebii Kilimo

QUESTION: Do you support calls to have the Constitution making process halted over the circulation of two drafts published by the Government printer?

ANSWER: Yes, the process should be suspended for us to start afresh. It is an opportunity for the Parliamentary Select Committee to go back to Naivasha and sort out the thorny issues we have not agreed on first because the credibility of the current process has been greatly undermined.

QUESTION: Who is to blame for the sneaking of the words ‘national security’ in the published draft?

Kimilili MP Eseli Simiyu

ANSWER: The ‘Yes’ team is entirely to blame for the insertion of the two words, which completely changed the gains we had fought for in the Bill of Rights. There is little difference between the ‘Yes’ team and the Government and we believe some people in Government had a scheme to give Kenyans what they did not ask for.

QUESTION: CoE chairman Nzamba Kitonga has been quoted as saying Amos Wako is the only one who can explain how the errors came about. Comment.

ANSWER: He may not be aware of what happened as he has indicated and it’s unfair for the accusations against him to continue. Those who work below Wako may have been used by some powerful individuals in Government to insert the words.

QUESTION: Do you think there might be other sections in the draft that have been tampered with?

ANSWER: Yes, if one has already been identified, then there are chances of others. That is why we are saying we should suspend the process instead of being in a hurry to go into a referendum and pass what may generate regrets in future.

QUESTION: The AG says he has ordered police investigation into the conspiracy. Do you think this will achieve much?

ANSWER: Let the process be suspended first before such investigation is carried out. Personally, I feel if Wako is innocent as he has said, and if he fully co-operates with the police in pursuing the culprit, something will be achieved. The only fear is that whoever could be able to do what he or she did can as well cover up or frustrate investigation.

QUESTION: Was it fair for the AG to have kept silent over the NSIS move until the dirty secret burst out in the open?

ANSWER: He may have been right because it is likely he did not anticipate that after rejecting the move, one could go behind his back and insert the words. The blame, as I have indicated, goes to the Government.

QUESTION: Do you agree the entire review process has been damaged beyond repair as maintained by those calling for suspension of the programme?

I am among those who want the process suspended. As we have indicated before, one mistake with far reaching effects such as the one identified over the week and the damage is done and other options should be sought.

NO: Kimilili MP Eseli Simiyu

QUESTION: Do you support calls to have the Constitution making process halted over the circulation of two drafts published by the Government printer?

ANSWER: I do not think the draft has suffered any setback to warrant suspension. Not all copies had the insertion of the two awful words and those that had have been recalled from circulation. What we have in the draft is what we passed in Parliament and the public should be given a chance to either accept or reject it at the referendum come August 4.

QUESTION:Who is to blame for the sneaking of the words ‘ national security’ in the published draft?

ANSWER: I cannot tell who is to blame for the unfortunate action. The Parliamentary Select Committee has indicated it is not responsible, the AG also and the CoE, too, has denied responsibility. The Government Printer management has not spoken.

QUESTION: CoE chairman Nzamba Kitonga has been quoted as saying Amos Wako is the only one who can explain how the errors came about. Comment.

ANSWER: As I have indicated, Wako has said he is not responsible. The truth can only come out after investigation by relevant arms of Government.

QUESTION: Do you think there might be other sections in the draft that have been tampered with?

ANSWER: I have gone through it and apart from the two words discovered in the Bill of Rights, I have not seen any other insertion.

QUESTION: The AG says he has ordered police investigation into the conspiracy. Do you think this will achieve much?

ANSWER: If the insertions were deliberate, then the public needs to know who was behind the act. The Government should ensure culprits are exposed and made to face the law.

Was it fair for the AG to have kept silent over the NSIS move until the dirty secret burst out in the open?

ANSWER: He may have opted to remain silent due to the sensitivity of the matter, hoping all was well and that no one would go behind his back to insert the words. He must have done so to avoid a public outcry.

QUESTION: Do you agree the entire review process has been damaged beyond repair as maintained by those calling for suspension of the programme?

ANSWER: In the eyes of the ‘No’ campaigners it is damaged beyond repair. However, to those looking at the draft objectively, what happened is an error and the process should move on after necessary corrections.

QUESTION: Wako has indicated anyone with expectations to move to court over the matter has no basis in law. What is your view?

If the error is corrected, why should one move to court? We should stop prolonging the time we have been waiting for this Constitution.