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"id": 186317,
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"speaker_name": "Mr. Wamalwa",
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"speaker": {
"id": 148,
"legal_name": "Eugene Ludovic Wamalwa",
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"content": "Madam Temporary Deputy Speaker, I also rise to support the Constitution of Kenya Review Bill, 2008. As other Members have suggested, the Bill is well drafted and I think it is a good road map that should take us to the end of a journey that we started and have been travelling for over two decades. The issue that will probably need to be considered, and I think this is a matter that has been of concern to several people, is the issue of the Committee of Experts because this is going to be the engine of the whole process. It will be leading the whole process and co-ordinating. Madam Temporary Deputy Speaker, as hon. Orengo said earlier, the Lancaster Constitution was made by Kenyans before Independence under the supervision of our colonial masters. Indeed, it was a Constitution that was midwifed by our colonial masters in Lancaster. For many years, it has been looked at as foreign in a way - it was not completely Kenyan. It was not completely made by Kenyans for Kenyans and it has always had that imprint of the colonialists. That raises the issue of the sovereignty of this country, which lies in the people of Kenya. Madam Temporary Deputy Speaker, 45 years after Independence, it is not only the Constitution that still has some imprints of the colonial masters. We do have a lot of land in this country that still has title deeds in the name of King George. You will find a title in the name of McKnight, the Royal Knight of the Old Gutter. That is 45 years after Independence and we are still saying that we are holding land at the pleasure of King George and that we are his subjects! We need to do something! Madam Temporary Deputy Speaker, Kenyans have always desired to get a new Constitution, and it is that constitutional moment that we are enjoying again. Five years ago, when we formed the National Rainbow Coalition (NARC), it was a constitutional moment when all Kenyans came together and formed a rainbow coalition, and promised to deliver a new Constitution to Kenyans within 100 days. But that did not happen. We failed to deliver the Constitution within 100 days. We could not do it within 1,000 days of the NARC Administration. But I think it is by fate rather than by design that we find ourselves, again, in the same Government from different parties in a Grand Coalition. Madam Temporary Deputy Speaker, the goodwill that is there now must be tapped to ensure that the journey that we have walked, which is about 80 per cent - we have 20 per cent of the journey left - this document that has been prepared as a road map, is a vehicle that can take us through the remaining 20 per cent of our journey. All we need to do is to support it. But we should ensure that when it comes to the experts, they should have the confidence of all Kenyans! Ideally, it should be Kenyans themselves making that Constitution. But it is not practical! It is not possible for 38 or 37 million Kenyans to gather together and make a Constitution. Madam Temporary Deputy Speaker, we have gone through the Bomas process. We have had many initiatives, including the Kiplagat Committee of Eminent Persons. We had the Multi- Sectoral Review Forum under the leadership of hon. Dalmas Otieno. Therefore, we have covered a lot of ground. But the remaining bit--- 2414 PARLIAMENTARY DEBATES August 6, 2008 Under Section 6, we find that the Committee of Experts shall comprise of seven people. Of those seven, three shall be non-citizens, who shall be nominated by the Panel of Eminent African Personalities and four shall be citizens of Kenyan nominated by the Parliamentary Select Committee. It is only that aspect of the Bill that needed more attention and I think it has been addressed or it is still being addressed in different quarters. It should be Kenyans making that Constitution through those experts. Kenyans cannot nominate, but they can do so through their elected representatives, who are hon. Members. Madam Temporary Deputy Speaker, we urge that, that Committee of Experts should be nominated by Parliament and appointed by the President. That is the only aspect that I feel very strongly that something should be done to capture the issue of sovereignty and ensure that, that Committee of Experts has the confidence of all Kenyans. Madam Temporary Deputy Speaker, the remaining part of the journey is really a choice that Kenyans will have to make between the Presidential and the Parliamentary system of Government. Once that is done, Kenyans should be able, through a Referendum, choose the kind of Constitution and the kind of system of governance that they want for this country. Madam Temporary Deputy Speaker, it is important that, because we have undertaken to give Kenyans a new Constitution--- We have severally promised that, that will be done within one year and already, half the year is gone. It is important that, with the support of hon. Members today, if this Bill goes through, we should be able to start the journey and set the feet of this nation towards getting a new Constitution within 100 days. With those few remarks, Madam Temporary Deputy Speaker, I beg to support."
}