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{
    "id": 109985,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/109985/?format=api",
    "text_counter": 319,
    "type": "speech",
    "speaker_name": "Mr. Raila",
    "speaker_title": "32 Tuesday, 30th March, 2010 The Prime Minister",
    "speaker": {
        "id": 195,
        "legal_name": "Raila Amolo Odinga",
        "slug": "raila-odinga"
    },
    "content": " Thank you, Mr. Speaker, Sir. I would like to thank the hon. Members who have spoken on this subject before us. I also want to thank, in particular, the Chairman and the Vice-Chairman of the PSC for very ably moving this Motion before the House. We are at a defining moment in our country. Kenya is at a defining moment. A Constitution is an expression of the will of the people. So, sometimes these days, it is said that Kenyans have been at this process for 20 years. Nothing could be further from the truth. The struggle for democratization and the struggle to get this country a new democratic Constitution is as old as this country has been Independent. There have been all the time historically, two forces pulling in two diametrically opposite directions. The forces on the retention of the status quo; those who wanted to inherit the privileged positions that were left by the outgoing colonial masters and use them to lord it on their people versus those who wanted to make Independence more meaningful by giving the people a wide participation in the decision-making process in their country. It is against this background that you can understand the struggle that has taken place from Independence right through. Against that background, the assassinations of Pio Gama Pinto and J.M. Kariuki could make sense. Against that background, the assassination of the late Dr. Robert Ouko and the late Dr. Odhiambo Mbai would make sense. So, this Constitution is a product of a very consultative process. In the national constitution making circle, it is now said that the Kenyan Constitution making process has been the most consultative. Hon. Members will remember that we started by setting up a Constitutional review Commission headed by one of the best constitution experts in the world, Prof. Yash Pal Ghai. That Commission set up a review architecture that involved consultations right up to the village. Kenyans were asked what kind of Constitution they wanted and they said it. After that process, a national draft was published and members of the public were invited to make their comments. After that, we then had a constitutional conference which lasted for months at the Bomas of Kenya, where each district was represented by three people and all Members of this august House. So, if that is not a people-review process, then I do not know what a people-review process is. What we now have here by and large contains what the people of Kenya said. Any hon. Member can go and consult and will know what the people of his or her constituency said or what kind of Constitution they wanted. So, this is not a Parliament-made Constitution. This Constitution is made by the people of Kenya and Parliament is just one of the organs of the review process. Mr. Speaker, Sir, last time round, this process was shot down here in the House. We do not want this process to be shot down this time. Some fears have been expressed and proposals forwarded for amendment to the Draft. I have said that this is democratic. There are those who believe that the kind of Executive created is so powerful that unless you create strong checks in the Constitution, we will end up with a more imperial President than what we have today. In countries where we have got pure presidential systems, there are always two chambers. They always have an upper house and lower house and each house is given sufficient powers in the Constitution to check the excesses of the Executive. That is an issue that needs to be looked at."
}