Long, thorny search for new constitution

By Standard Reporter

The Constitution of Kenya Review Act established review organs in November 2000, with specific functions and responsibilities.

The organs included the Constitution of Kenya Review Commission (CKRC), the Constituency Constitutional Forum, the National Constitutional Conference, the Referendum and the National Assembly.

The CKRC had 29 commissioners among them the Attorney General and the Secretary of the Commission as ex-officio members.

The President appointed the Commissioners after they were nominated by Parliament on the account of regional and ethnic diversity.

The team was expected to reflect Kenya’s ethnic, geographical, cultural, political, social and economic diversity and gender equity.

The Constituency Constitutional Fora were established in each constituency to debate, collect and collate public views.

The most notable organ of review, which drew attention, was the National Constitutional Conference, which brought together 500 delegates at the Bomas of Kenya.

Political parties

It brought together MPs, 210 representatives of districts elected by county councils, 29 members of CKRC, 41 representatives of political parties and 126 representatives of religious groups. Other delegates represented professionals, women groups, trade unions, NGOs and special interest groups.

The referendum was organised by the Electoral Commission of Kenya under the leadership of then chairman Samuel Kivuitu in November 2005, at a time when CKRC was under Ms Abida Ali-Aroni.

The National Assembly, which is the last organ of review, has since 2000 not played its role of enacting changes since the draft was defeated in a referendum in 2005.

MPs have, however, through several Parliamentary Select Committees drafted legislation through amending the CKRC Act to push the process forward.