Mediation On Kenyan Crisis: Amend Section 47 to Create Interim Government and Entrench Reforms

Feb. 21, 2008 - PRLog -- Ottawa, Canada-Coalition for Constitutional Reform, Kenya suggests that an interim government should be legalized in Kenya by amending section 47 of the current constitution.  

In a letter to Kofi Annan, and copied to Hon. Mwai Kibaki and Hon Raila Odinga, the reform group suggests that “the interim government can, notwithstanding, contain interim posts such as prime minister and deputy prime minister etc, which are not in the current constitution.”

To legalize this, parliament should amend Section 47, which in part reads:

“47(1) Subject to this section, Parliament may alter this Constitution, (6) b) references to the alteration of this Constitution are references to the amendment, modification or reenactment, with or without amendment or modification, of any provision of this Constitution, the suspension or repeal of that provision and the making of a different provision in the place of that provision.”

Restrict Interim Government Role and Timeframe

While welcoming the agreement committing all parties to embark on rewriting the Kenyan constitution, the letter suggests that the mandate of the interim government should be restricted to the writing of a new constitution within a year.

“It (the amendment) should delineate the power-sharing structure, timeframe, and any interim positions etc. This amendment would then entrench the reform process and also serve as a safeguard against the PNU reneging on the agreement. It would also ensure that both the PNU and ODM do not collude once again, to trick Kenyans into prolonging the people’s pain under the current constitution until the next election, by which time it would be too late to prevent a repeat of the current fiasco,” the letter warns.

Citizens Assembly

The group calls for a people-driven constitutional reform process. To facilitate this, the group proposes that “the people of Kenya, through a citizen’s assembly, should be recognized as an integral part of the constitutional reform process during the interim period.”

They say that the citizen’s assembly should be empowered and facilitated to be a watchdog and voice of the populace since the Kenyan elite can never be trusted with constitution making.

“They (the elite) have been at it for 15 good years, and it is obvious to even a most casual observer that they are bent on frustrating constitutional reforms, because they thrive on the current chaotic and corrupt system.”

The letter castigates both the PNU and ODM, as well as all the Kenyan elite including civil society, media, labour organizations, religious organizations, legal fraternities, professional bodies, academia, and women organizations only use the constitutional reform process for immediate selfish gains.  

CCR-Kenya’s Ten-Point Roadmap to Constitutional Reforms within one year

The group has proposed a ten-point roadmap to reforms within a year. This includes civic education workshops, where the people generate contentious issues from the Bomas Draft. They insist that “the referendum should be held on these contentious issues only, and parliament should have no role other than to automatically pass the draft as is. The president must also assent to the reform bill without fail.” The ten-point roadmap can be found at (http://www.ccr-kenya.com/?news=87).

Kenya Has to Start Afresh

As the new constitution will be devolving power to local governments, giving them control over revenue collection, expenditure, and natural resource management, the group suggests that there is a need for Kenyans to get the opportunity to start afresh on all fronts at once.  

“Today, millions of urban citizens live in pathetic conditions, because we have corrupt, inefficient, and unrepresentative local governments. Starting afresh calls for a new local government, with direct mayoral elections, parliamentary elections in both upper and lower houses and if the people of Kenya so choose, a presidential election.” The letter says.

Website: ccr-kenya.com