Concept  framework on the challenges and dilemmas in debating and appreciating the harmonized draft constitution.

Preamble

A careful analysis of the harmonized draft constitution has revealed the following

1. Too much politicization
2. Lack of adequate financial resources
3. Religious dilemma
4. political  system dilemma whether Kenya should adopt a parliamentary, presidential or hybrid system.
5. There is doubt whether details indicated under the Environment , Gender, and  Children are really constitutional issues! And whether they be adequately addressed by statutory legislation

• The COEP prepared  the new harmonized document therefore; there is need for another             independent body to subject the new document to scrutiny, objectivity, divorcing the        COEP   from the final process after evaluating all presentations.
•       Non availability of the harmonized draft.
              -           Logistical problems of distribution
              -           Time factor
              -           Education of the public to appreciate the constitutional values in its                                                recommendations.
              -           Language, the  draft is in English and Kiswahili, there is a challenge as it would  have             been better if it was also in local dialect.
• The parliament to extend this process from 30 to a minimum of 90 days to allow    Kenyans time to read and understand the document to be in a position to make their   recommendations from an informed perspective.
• Parliament be urged to amend the schedule to create an independent  body   of Elders,      Religious leaders, private sector, NGOs and civil society to vet the final document before     it is submitted to parliament.
• A proper mechanism on how to distribute the harmonized draft.
• Create time and resources to train  and promote public awareness about the document.
  Allow grassroots debate of the harmonized draft as opposed to prevalent  national and elite debate.

The Committee of Experts (COEP) has contravened Act 30 as shown below

1.  The Committee of Experts shall study all existing draft constitution and such other material as it may consider appropriate and prepare a report which shall identify--
   • the issues that are not contentious and are agreed upon; and
   • the issues that are contentious and not agreed upon
     
     
2. The Committee of Experts shall invite representation from the public, interest groups and experts on the contentious issues and prepare a harmonized draft  Constitution with the  issues  that  are not contentious identified as agreed and closed and the issues that are contentious identified as outstanding.

Conclusion

Appreciate the foregoing facts it is our opinion thet is practically impossible to engage in any meaningful debate within the remaining days. We demand that the COEP extends the duration failure to which we shall intitute legal proceedings to extend the time.

• Wanguhu Nganga - 0722 602092 - wanguhu@kenyacommunities.org
• Rev. John Mbugua - 0710 974393 - mbugua@kenaycommunities.org

The world of books Is the most remarkable creation of man, Nothing else that he builds ever lasts, Monuments fall, Nations perish , Civilizations grow old and die out , And after an era of darkness New races build others , But in the world of books are volumes , That have seen this happen again and again, And yet live on, Still young , Still as fresh as the day they were written, Of the hearts of men centuries dead!