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"id": 186777,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/186777/?format=api",
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"type": "speech",
"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, it will be recalled that as we passed the Constitution Amendment Bill together with the National Accord and Reconciliation Act earlier this year, we did indicate that a comprehensive review of the Constitution will be necessary in order to demarcate divisions of responsibility within the Executive as well as within the Legislature. It is to be recalled that some of the difficulties in interpretation that we experience today is because we introduce new sections without amending the entire chapter or section that deals with devolution of power. It is, therefore, for the smooth running of our country, necessary to complete the comprehensive review in order to create offices and institutions that are in harmony with the entire Constitution. Madam Temporary Deputy Speaker, it is also the object of this Bill that we promote the peoples' participation in governance of the country through democratic, free and fair elections and the devolution and exercise of power. It is to be remembered that the crisis came about as a result of issues related to the election and the perception about the fairness, or otherwise, of the elections. 2340 PARLIAMENTARY DEBATES August 5, 2008 Madam Temporary Deputy Speaker, the other object is respecting ethnic, regional diversity and communal rights, including the right of communities to organise and participate in cultural activities and the expression of their identities. Also, ensuring the provision of basic needs of all Kenyans through the establishment of equitable framework for economic growth and equitable access to national resources. Also, promoting and facilitating regional and international co- operation to ensure economic development, peace, stability, and to support democracy and human rights. Finally, it is also committing Kenyans to peaceful resolution of national issues through dialogue and consensus. So, Madam Temporary Deputy Speaker, what are the organs of the review? Clause 4 gives the organs of review as the Committee of Experts, the Parliamentary Select Committee, the National Assembly and the Referendum. Why the Committee of Experts? This is an incremental process. We have gone through the constitutional review process, but without a successful conclusion. We will, therefore, not be reinventing the wheel. There will be no collection of views from the people because those are already there. They were collected by the Constitution of Kenya Review Commission (CKRC). We already know what Kenyans want and we already have two basic documents - the document that was subjected to the Referendum and defeated and the Bomas Draft. Therefore, it is an incremental process and it was the view of the team that, what we need at this stage is expert advice to resolve the various models suggested by Kenyans of resolving the contentious issues. Madam Temporary Deputy Speaker, we also need a Parliamentary Select Committee that will help to liaise with the Committee of Experts, the public and the various stakeholders to gather suggestions on how to resolve the outstanding issues and also to agree on a draft Constitution. A lot of representations, so far, have been made by the civil society, including the religious sector, about a window of opportunity and a role to play in resolving those issues. It is very likely that, at the Committee Stage, we will be looking to enrich this Bill by opening a window of opportunity for participation. Madam Temporary Deputy Speaker, the third organ of review is the National Assembly. It is mandated to pass the draft before it is subjected to a Referendum. The guiding principles that will govern the functions conferred by this Act on the review organs will be to ensure that the national interest prevails over regional or sectoral interest. Also, to be accountable to the people of Kenya, to ensure that the review process accommodates diversity of the people of Kenya, including the socio-economic status, race, ethnicity, gender, religious faith, age, occupation, learning, persons with disability as well as the disadvantaged people. In other words, to ensure full participation by all shades of opinion and by all the peoples of Kenya. Madam Temporary Deputy Speaker, the organs of review are also to ensure that the review process provides the people of Kenya with an opportunity to actively, freely and meaningfully participate in generating and debating proposals to review and replace the Constitution. Finally, the organs of review are to ensure that the outcome of the review process faithfully reflects the wishes of the people of Kenya. Madam Temporary Deputy Speaker, if you go to Part III of Clause 21, the functions and powers of the first organ of review, which is the Committee of Experts, will be to identify the issues which have already been agreed upon in the existing draft Constitution, which I have already referred to. To identify the issues which are contentious or not agreed upon in the existing draft Constitution. To solicit and receive from the public written memoranda and presentations on the contentious issues. In other words, to receive views on how to resolve the contentious issues from the public. Madam Temporary Deputy Speaker, the Committee of Experts will also have powers to undertake thematic consultations with caucuses, interest groups and other experts. That will afford August 5, 2008 PARLIAMENTARY DEBATES 2341 an opportunity to people around their areas of interest---"
}