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Focus now shifts to six Kenyans and how they play their roles to make history of giving the country a new constitution, after more than 20 years of failed attempts.

While the role of President Kibaki and Prime Minister Raila Odinga remains important in offering political guidance, there are other personalities who by virtue of their positions are key to the conclusion of constitution review.

The Attorney General, the chairman of the Interim Independent Electoral Commission (IIEC), and the Committee of Experts (CoE) chairman have roles as constitution making enters the homestretch.

They are expected to supplement each other in ensuring the remaining stages are well co-ordinated.

Amos Wako - AG

Wako, who has been the AG since 1991, is supposed to publish the draft passed by Parliament, within 30 days.

He has also been a member of the CoE and the Parliamentary Select Committee (PSC) on the Constitution by virtue of his being the Government’s chief legal advisor.

His role has been crucial, especially at times of constitutional interpretation whenever there is a deadlock in the review.

Nzamba Kitonga - chairman CoE

As the chair of the CoE, Kitonga has been walking a tight rope by striking balances in the course of harmonising and fine-tuning the Proposed Constitution.

Upon publication of the Proposed Constitution, he is supposed to lead the CoE team in facilitating civic education for a period of 30 days in preparation for the expected national referendum, later this year. Kitonga’s role may be crucial to the end, especially when it comes to overseeing the transition clauses.

Abdikadir Mohammed - PSC Chair

As the chairman of the PSC, Abdikadir ensured the committee reached consensus in the Naivasha retreat. He has also been working to ensure an uncontested Proposed Constitution is presented for the referendum.

As the PSC chair, he remains key to the logical conclusion of the process given that IIEC and CoE are a creation of Parliament.


Ahmed Issack Hassan – IIEC chair

He is co-ordinating the IIEC team in carrying out voter registration in readiness for the referendum. He is expected to lead his team in framing and publishing the question to be determined by the referendum.

The question is, however, to be framed by the IIEC in consultation with the PSC. He will lead the IIEC in organising, conducting and supervising the referendum by specifying the referendum date, the polling time and the campaign period. He will declare the referendum results for the public to know whether a ‘Yes’ or ‘No’ verdict has been returned.

President Kibaki

Kibaki has been re-assuring Kenyans of his commitment to the completion of the constitutional review.

When he witnessed the swearing-in of six of nine judges appointed to the Interim Independent Constitutional Dispute Resolution Court in January, Kibaki urged the Bench to expeditiously deal with any disputes that may be brought to them so that Kenyans can get a new constitution.

President Kibaki is expected to proclaim a new constitution if Kenyans return a ‘Yes’ verdict in the expected national constitutional referendum.

He is, however, expected to guide and restrain hardliners in his PNU from frustrating realisation of a new constitution over personal and political interests.

His legacy, as he prepares retirement in 2012, depends on whether he will deliver a new constitution or not.

Raila Odinga-PM

The Prime Minister has in most cases tried not to utter words that may derail the review, despite at times meeting his ODM brigade behind closed doors to strategise.

At one time he had indicated he and President Kibaki had agreed not to take positions on the draft. He was, however, in Parliament to contribute to the debate where he backed ODM push for regional governments.

The PM is expected to whip his ODM team into toeing the line to ensure the document goes through the referendum without being undermined by those unhappy with some of the clauses.

His message has always been that nothing should come in the way of the country getting a new constitution.