Don’t amend proposed law, MPs told

By Peter Opiyo

Civil society groups want Parliament to endorse the Proposed Constitution without amendments.

The groups also claimed some MPs want to amend the Constitution of Kenya (Review) Act, 2008 to dissolve the Committee of Experts as an organ of review and knock out the referendum.

Under the National Civil Society Congress, the groups said they are marshalling support from wananchi and other organisations to push the MPs to pass the document as it is.

They plan to meet Central Organisation of Trade Unions, Association of Professional Societies in East Africa, Association of Local Government Authorities in Kenya and the Kenya Private Sector Alliance.

"In line with the widespread acceptance of the Proposed Constitution produced by the CoE, we have petitioned Parliament to pass it without amendments," said Co-ordinator Morris Odhiambo.

Unacceptable changes

Former Constitution of Kenya Review Commission Chairman Yash Pal Ghai said any change of the Review Act at this point is "completely unacceptable".

There have been claims CoE’s contract expired in February. The body will act as the custodian of the document and is not bound to take into account the amendments that may be proposed by Parliament.

Prof Ghai said Section 47(A) of the Constitution has a mechanism to be followed in getting a new constitution, saying it would be "morally impossible" to do so.

To amend the Act to do away with the referendum would require at least 145 MPs.

He said CoE has made enough concessions to politicians and the document should be endorsed as it is.

Kituo Cha Sheria Executive Director Priscilla Nyokabi said amending the draft was likely to interfere with rights of the citizens as enshrined in the document. She said it may also interfere with the checks and balances on the presidency.

Ghai criticised a section of Christian leaders opposed to Kadhis’ courts, saying the courts have existed before and do not in any way affect Christians.

Gachoka MP Mutava Musyimi has lined up amendments that, if adopted, would see Kadhi’s courts replaced with religious courts.

But Mr Odhiambo saw such a move as unwise and a recipe for religious strife.

"Why deny Muslims enjoyment of their rights to Kadhis’ courts? They are a minority and must be allowed to enjoy their rights," he said.

The groups asked MPs to desist from championing sectarian, regional and ethnic interests at the expense of national interests while debating the document.

Parliament has only tomorrow to debate the document, after which it will start considering proposed amendments.