Njoki appeals to legislators to seek political solutions

By Martin Mutua

Supreme Court Judge elect Njoki Ndung'u has appealed to MPs to seek political mediation in the implementation of the new Constitution.

Njoki spoke as tension ran high at a conference on whether there should be two distinct commissions to handle human rights and gender issues.

She took the participants who also included other interest groups through the decisions that informed the defunct Committee of Experts on the new Constitution’s thinking to come up with recommendations to have the two split.

Njoki, who was applauded by the participants after informing the conference on the matter, appealed to MPs to employ political ways as opposed to running to courts.

Njoki noted that it would take ten to 15 years to implement the new Constitution and have the impact felt by Kenyans.

She criticised the current timeliness that had been set out by the Commission on implementation of the Constitution as unrealistic.

The former COE member said the country needs to prioritise Bills and have them debated by Parliament and enacted.

She criticised those who were reading the new Constitution in bits.

"Any interpretation of the Constitution must not be read in a narrow way, but must be done in a holistic manner," she added.

While stating that there was need to have a human rights commission and a gender commission, Njoki noted that it was impossible to monitor all the rights enshrined in the Constitution in one commission.

"The Constitution was a negotiated document: Are we saying we are now reopening it without negotiation?’ She posed, adding that the Constitution gives rights that should not be alienated.

She pointed out that the spirit of the new Constitution was that both men and women, including the marginalised, have equal rights.

During the meeting the chairpersons of the Kenya National Commission on Human Rights Florence Jaoko and the Gender Commission Regina Mwatha pointed out the need to either have one body or two.

Jaoko argued there was need for one strong body that would address all the issues, adding that so far that had been achieved through her commission.

"The gains of women are protected by the Constitution and nobody can change that, even the 47 seats allocated to women and a third rule on appointments," she added.

Jaoko noted that the courts are there to interpret fundamental principles enshrined in the Constitution.

"If you have one strong body you will deal with Government and Parliament in a more efficient manner," she added.