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"id": 197570,
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"content": "imes. But you remember those leaders who responded 212 PARLIAMENTARY DEBATES March 18, 2008 effectively and properly to national crisis that the country was facing. His Excellency, President Mwai Kibaki, and hon. Raila Odinga showed vision on where they wanted this country to go. They also showed focus. You can have a vision but lose out on focus because of people surrounding you. I am quite sure that both leaders were surrounded by people who, although well meaning, were not focused in that one direction, the Kenyan nation, properly. So, they showed not only vision but also focus. Even more importantly, both leaders showed courage in arriving at this agreement. It is true that after the mediation teams had done its work, the matter went to the two principals. Thereafter, the drafting team was appointed. Here, of course, I apologise to hon. Mutula Kilonzo, for his name having missed out in the original Bill I had published but it is now there. Him and myself are the only senior counsel in this Parliament. So, I owe him an apology in that regard. But I can tell you that the drafting team of Messrs. James Orengo, Mutula Kilonzo, Karoli Omondi and Gichira Kibara did an excellent job. But our job was really more focused on the Constitution (Amendment) Bill that we have just enacted. That was, indeed, a challenge. I want to tell members of my legal profession, that in a developing country such as ours, we cannot afford to follow blindly the jurisprudence of the developed countries. In fact, leading jurists from the Third World countries, including Africa, Asia, Latin America and so on, long time ago, at the dawn of our Independence, actually said that the rule of law in our countries will not just be particular to the niceties of law. The rule of law is a dynamic concept, which uses law as an instrument of social engineering, It is not only an instrument of social engineering for its own sake, but social engineering to bring about economic, social and political development in our countries. Therefore, when you look at the amendments that have come, they are in that light. We are saying we are in that light. We are setting proper jurisprudence. Even in the United Kingdom (UK), we have a judge called \"Lord Denning\" who at that time was seen to be a radical. But, later on, his judgments, which are pretty effective, became the norm, and are so even today. So, what we have done, I am quite sure, will not only be precedent-setting in Kenya but also in Africa and other countries. That is why Kenya is seen to be precedent-setting in many issues. Mr. Deputy Speaker, Sir, although the drafting team drafted the Constitution of Kenya (Amendment) Bill, let me confess bravely that as far as this Bill is concerned we never really drafted it. What happened on that day was that His Excellency the President, the Prime Minister Designate, Mr. Raila Odinga, President Jakaya Kikwete, Dr. Kofi Annan and Mr. Mkapa, sat and had before them various drafts that emanated from the mediation team. They were alone. They went through it clause by clause, removing here, adding there, discussing, arguing and everything. The process that took place that morning is the product of this National Accord and Reconciliation Bill. Therefore, it is a very carefully crafted Bill, sensitively done and very well balanced. We would do well, as a Parliament, if we gave assent to it without any amendment."
}