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{
"id": 114716,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/114716/?format=api",
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"type": "speech",
"speaker_name": "Mr. Mungatana",
"speaker_title": "",
"speaker": {
"id": 185,
"legal_name": "Danson Buya Mungatana",
"slug": "danson-mungatana"
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"content": "I want to state here that we have no choice but to succeed. Indeed, what the President said was that it is possible for us to get a new Constitution. We are going to get a new Constitution. I want to state that the countries that have surrounded us, and have done their constitutions correctly, have also struggled, like we have struggled ourselves. So, as Kenyans, and as Parliament, we need to take courage from the fact that other people have made it. We can make it. Mr. Deputy Speaker, Sir, a case in point is just our neighbour here, Uganda. Everybody knows the turbulent history that Uganda has had as far as constitutionalism and political stability is concerned. But when the NRM Government took over, within the three years of the current President taking over in 1989, he set up what was called the âOdoki Commissionâ. It was the equivalent of the constitutional review commissions that we have had, which had the responsibility of structuring a draft constitution. Uganda travelled the path â not for a short time â for ten years. Uganda struggled with the process of Constitution making. Four years after the establishment of the Odoki Commission, it presented its views to the President of Uganda. Even after presenting those views, a lot of intervening things took place. For ten years, they travelled and on 22nd September, 1995, the Republic of Uganda was able to obtain her current Constitution. We can take heart from that example. We can take heart from the example of the Republic of South Africa, which also travelled a long path. Ugandans did it in ten years. We, Kenyans, have been doing it for more than 20 years. The Republic of South Africa used even a longer path because the struggle to obtain justice in that country had been as long as the apartheid regime. Mr. Deputy Speaker, Sir, even with that, the Constitution of the Republic of South Africa which is much celebrated underwent a long process. The first Conference for Democratic South Africa (CODESA 1) went on from the date it was established, in November, 1991. A lot of consultation took place. Originally, there were 23 organizations that went to form the conference for the democratic South Africa. These organizations increased in number. Many things happened in the process of making the Constitution of South Africa. Mr. Deputy Speaker, Sir, in fact, the whole thing came to a screeching halt in the middle of the process when people completely disagreed. People said they wanted to go their ways in the middle of Constitution making in South Africa. It had to take President Nelson Mandela, the then leader of the African National Congress (ANC) and the sitting President, Mr. De Klerk, to sign a record of understanding. They resumed on 26th September, 1992, after the signing of that agreement. It is another lesson for us, as a country, that even when things are thick or all low, it is possible for us to get a new Constitution. Mr. Deputy Speaker, Sir, when the Conference for the Democratic South Africa resumed the second round, they were able to go all the way. They even held a proper election which formed a Constituent Assembly in 1994. They held an interim Government for two years. That Parliament which converted itself into a Constituent Assembly was able, with more than two-thirds majority, to adopt the Constitution in 1996. Mr. Deputy Speaker, Sir, a country such as South Africa which had a very bitter history or a country such as Uganda which had a very long and bad struggle are two"
}