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{
"id": 186312,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/186312/?format=api",
"text_counter": 220,
"type": "speech",
"speaker_name": "Mr. Otieno",
"speaker_title": "The Minister of State for Public Service",
"speaker": null,
"content": " Madam Temporary Deputy Speaker, I would like to support this Bill. You realise that we have been on this issue for 17 years. In those 17 years, we have not made enough progress. We proceed as if we are about to agree and things breakdown at the last minute. Madam Temporary Deputy Speaker, really, a lot of work has been done. I have been part of this process since 1991 and I can say that all the contentious issues are now known. The stakeholders who are holding divergent views in respect of those contentious issues are also known. So, if there is somebody to be consulted on any contentious issues, we know who that person or that group of persons are. Madam Temporary Deputy Speaker, in the circumstances, the current road-map is sufficient, in my opinion, because really the process we now require is a consensus building process in the sense that we want to \"marry\" the divergent views on the different issues on this Constitution. We should sit down between ourselves and try to convince one another as much as possible and with the mediation of the Committee of Experts and be able to agree that this would be an adequate provision for inclusion in our Constitution. Madam Temporary Deputy Speaker, the critical organ in this, of course, would be the Committee of Experts and then the Select Committee of Parliament and finally the National Assembly itself, which as the Bill is drafted, no serious conditions, benchmarks or difficult hurdles have been placed. We will go by the rules of the National Assembly and the rules of the Select Committee to consider any of those issues and in a flexible manner, willing buyer-willing seller, the interest of the country as a whole being taken into account. I believe this road-map is sufficient to get us where we are going. Where the problem would arise is if there is lack of commitment. But any lack of commitment at this stage, would be holding the country under the circumstances we found ourselves in December after the elections. People will still be scrambling for one slot because it is a single executive authority in the Republic. All of us serve at the pleasure of one man. So, it is a matter of life and death for someone to occupy that particular seat. If any interests are frustrated, you can see the spontaneous action of the Kenyans. I believe this is the time we should all put our heads together as the National Assembly and Kenyans and arrive at the Constitution that should 2412 PARLIAMENTARY DEBATES August 6, 2008 address all the issues that are important for the future of this country. Madam Temporary Deputy Speaker, there is the issue of constituent assembly which keeps coming back and forth when we try to make this Constitution. The constituent Assembly is being understood as a group and assembly of elected persons specifically for the purpose of delivering the Constitution. In those circumstances, whatever Constitution the constituent assembly agrees to is then adopted. The road-map provides that the adoption will be by a referendum and the National Assembly is really competent to represent all the views in the Republic. So, I do not find myself in need for any constituent assembly or for any debating forum again. It is no longer a matter of debating issues but it is a matter of negotiating the particular issues that we need to include in this Constitution. Madam Temporary Deputy Speaker, the next contentious issue has been the devolution. Now, we are practising part of that. We have a shared Executive to an extent. So, I think one step and experience has been achieved since the last deadlock in November last year. So, it should not be difficult now to resolve the issue of the executive structure. It should also not be difficult to chart out what degree of devolution and resource allocation is necessary in this country so that we can guarantee ourselves harmony and peaceful relationship of the different communities and regions and the peace and stability that we need to seriously embark on the development of this country. Madam Temporary Deputy Speaker, land issues were similarly difficult but a lot has been achieved towards the development of the land policy and it should not be difficult to isolate aspects of it that will go into the Constitution. So, I feel that the road-map prescribed in this particular Bill is sufficient for us to be able to get a Constitution for Kenyans. All parties promised a Constitution. All the candidates literally had views of the Constitution. So, if anything, all the Members that have been elected into this House were virtually given a mandate by Kenyans that \"go to the Tenth Parliament but, please, make sure we get a Constitution.\" So, if anything, we came here with the mandate to do one thing; make a Constitution and then the rest of the reforms that will go with it. I feel it is urgent. I support the Bill."
}