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"id": 186309,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/186309/?format=api",
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"speaker_name": "Ms. Karua",
"speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
"speaker": {
"id": 166,
"legal_name": "Martha Wangari Karua",
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"content": "Madam Temporary Deputy Speaker, the Committee shall also carry out studies, researches and evaluation concerning the Constitution and other constitutions and constitutional systems. 2406 PARLIAMENTARY DEBATES August 6, 2008 Madam Temporary Deputy Speaker, if I may pose here, it is widely recognised that the people of Kenya having given their views on the issues they would like included in the Constitution, the disagreement that arose during the last process makes us require as a nation, expert advice on how to resolve those issues. We can then make up our mind on which mode we want to follow. That is why the first organ of review is the Committee of Experts. I would like to persuade Members that this is the right way to go and also to keep reminding, that this is a negotiated document by the Serena Team and it is one of the promises of the National Accord. It is actually the reason for the Grand Coalition Government to be able to have a threshold where we can give Kenya a re-birth by reviewing the Constitution and also renewing our institutions. The Committee shall also make recommendations after all that to the Parliamentary Select Committee on how to resolve the contentious issues in the context of the greater good of the people of Kenya. They would just make recommendations. The decision on how to resolve will be on the select committee which consists of the elected representatives of the people. They will also prepare a harmonised draft Constitution for presentation to the National Assembly and facilitate civic education in order to stimulate public discussion and awareness on the Constitutional issues. It means that the public can also have a chance to comment and influence the process. Madam Temporary Deputy Speaker, they will also liaise with the Electoral Commission of Kenya (ECK) on holding of a referendum on the draft Constitution. This Committee of Experts, who will they be? We are saying that the Committee will consist of three experts who are nominated by the eminent persons in the Serena process and four local experts nominated by the nominating panel. This procedure is laid out in the First Schedule of the Act. The procedure for nominating the members of the Committee of Experts by the Parliamentary Select Committee is as follows: They will first advertise in the newspapers in three dailies so that Kenyans who feel they qualify can apply to be selected. A timeline of 21 days is given following the advertisement where the Committee then will get the assistance of a reputable human resources firm to help them process these applications and to eventually select the four most qualified persons. Therefore, this is a competitive and transparent process. The Committee of Experts will not be representing any segment in society but will be to advise us, as a nation, on the way forward. Madam Temporary Deputy Speaker, the other organ of review as in Clause 4 is the Parliamentary Select Committee. We have had discussions that the provision is not made of how this Parliamentary Select Committee will come into being. These are issues that we can look into at the Committee Stage. The other organ is the National Assembly and finally, the referendum where the people of Kenya will give their view on the Constitution. We will actually enact the Constitution by endorsing it. It is expected that we will go to the referendum on a consensus document. Madam Temporary Deputy Speaker, having had a rough time with the disagreement that attended the last referendum, we would like to find a broad consensus upon which we go to the referendum and enact a new Constitution which we can all believe in and which we shall be ready to implement as a nation. Madam Temporary Deputy Speaker, the rest of the provisions are the standard provisions. There are provisions for the referendum in part (v). You will remember during the last process there was criticism that there was no law guiding Kenyans on how to go to a referendum. We now have part (iv) starting with Clause 32 where the referendum is provided for. The ECK shall, within seven days of the publication of the draft Constitution, by the Attorney-General under Section 30 frame and publish the question to be determined by the referendum. So it is up to the ECK. The question will be framed in a manner so as to require \"yes\" or \"no\" as the answer. Voting in the August 6, 2008 PARLIAMENTARY DEBATES 2407 referendum will be just like in the General Election by secret ballot and the referendum will be organised and conducted by ECK. All the other issues that need to be provided for in the referendum including the fact that the register of voters that will be used is the one which is used in the General Election are to be found in part (iv) which runs from Clause 32 to Clause 38. Madam Temporary Deputy Speaker, a time is also provided for any petition to the court challenging the result of the referendum. Therefore, before the new Constitution is enacted, there will be a short period where any aggrieved person can ventilate in the court. The time limit when the court must give the decision is given so that we do not delay the enactment of the new Constitution through challenges in court. The petition has to be made within 14 days and the court also has to give a decision within a short period. Madam Temporary Deputy Speaker, the expenses of the review process will be out of the Consolidated Fund, but the Committee can also accept grants, gifts and donations. The hiring of staff will be by the Committee and through a transparent process. The Committee, like all other bodies of this nature, will be empowered to make regulations on how to carry out their duties. I would urge hon. Members to support the Constitution of Kenya Review Bill and to also appreciate all the reforms that hon. Members and citizens of this country need. All the institutional reforms can only be predicated upon a new Constitution. You cannot reform the Executive, the Judiciary and key Government institutions, including Parliament without going through Constitutional review. With those many remarks, I would urge hon. Members to support this process and to enrich it during this debate so that as we go to the Committee Stage, we go with harmonised ideas that can lead to the completion of this review process that has dogged this country for more than two decades. I beg to move and Mr. Orengo will second."
}