Parties warned against meddling in law review

The Parliamentary Select Committee on constitutional review has warned political parties against meddling in the search for a new Constitution.

Committee Chairman and Mandera Central MP Abdikadir Mohammed, said the grandstanding by parties on contentious issues was a recipe to scatter the whole process, as has happened before.

"There has been a familiar pattern providing fodder for destructive political competition

in the search for a new Constitution," he said Issuing a statement on behalf of the committee, Abdikadir told Parliament they were concerned the contest would derail the process if not checked.

He said the work of parties like other groups, end with their submissions to the Committee of Experts.

Hardline stance

ODM and PNU have already taken their positions on the new document, with the former preferring a parliamentary system and the latter going for a hybrid system.

Abdikadir told members to look at the country’s history and deliver a constitution that would unite Kenyans.

He said the National Dialogue and Reconciliation Committee underscored the importance of a new law to eradicate deep rooted problems bedeviling the country.

He said the review process has been used to advance parties’ interests, warning this should not be allowed again. As outlined by the Constitution of Kenya (Review) Act, 2008, the legislator said various contentious issues would be discussed by Parliament and there was no need for political parties to assume the role.

The experts will identify the contentious issues and together with the reference group and Parliament reach a consensus.

Attorney-General Amos Wako, has already published a Bill to amend the Review Act to include the civil society and other interest groups, which will have 30 representatives.

He said PSC would outline a programme to engage political parties and receive their proposals, but warned them to let the committee of experts continue with their work.

The ten-member committee of experts is to scrutinise various draft constitutions and come up with a final document, leaving out the contentious issues, to be addressed later. The final draft will then be subjected to a referendum.

Meanwhile, President Kibaki and Prime Minister Raila Odinga could consider merging Public Health and Medical Services ministries at a meeting next month.

Deputy Prime Minister Uhuru Kenyatta conceded the separation of the two ministries has presented operational challenges and the two principals would review the matter on June 3.

"It is only the two principals who can decide whether to merge them, the Finance Minister told Parliament during Prime Minister’s Time. PM Raila Odinga is on an official visit to the US.

Answering Danson Mungatana (Garsen, Narc-Kenya) Uhuru, however, said the matter is under consideration and the ministries concerned have been invited to ongoing consultations.

Double cost

In the meantime, he told members that division of responsibilities as contained in presidential circular number 1 of 2008, would apply.

He denied of any cost duplication to the Kenyan taxpayer, arguing one ministry is concerned with curative aspects while the other deals with preventive aspects.

— Stories by Peter Opiyo and Alex Ndegwa