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This morning Parliament hands over the constitutional review baton to Attorney General Amos Wako for publication in readiness for the national referendum to be presided over by Interim Independent Electoral Commission.

The symbolic hand-over of the Proposed Constitution, which Parliament could not alter because of the restrictive two-third rule, heralds the onset of a new chapter in the clamour for a new constitution.

Wako explained he would receive the document and have it published in 30 days as decreed by the Constitution of Kenya Review Act 2008.

"I will not alter anything. My work is to deal with the editorial issues such as spelling, comas and full stops. No alteration will be made. I will follow the law to the latter," Wako assured.

"I cannot move until I receive the Proposed Constitution but I’m expecting the documents from the Speaker anytime," said Wako on the phone in the morning before today’s hand-over was relayed.

He informed The Standard he would be meeting Interim Independent Electoral Commission (IIEC) chairman Ahmed Isaac for a briefing on the referendum due later this year.

Referendum plans

Once Wako receives the draft from the National Assembly Clerk Patrick Gichohi, along with requisite certificate showing Parliament’s imprints in the process, he will hand it over to IIEC, which shall present it for the referendum.

The law requires that at least half of the registered voters must vote ‘Yes’ for the Proposed Constitution to be promulgated. IIEC had by Sunday registered over three million voters. "The numbers are set to increase when we roll out the electronic voter registration on April 12, in which we target 1,482,848 voters,’’ IIEC spokesperson Andrew Limo said.

Limo added: "For the purpose of the referendum, we urge voters to register anywhere and vote anywhere. The vote will be a categorical ‘Yes’ or ‘No’. In any case you can transfer later to a different voting centre.’’

"We encourage people to surrender the old ECK voter’s card but this is not mandatory for registration. We thought it would help avert some confusion if one was to turn up with the old card during an election. All that is needed is a valid national identity card," Limo advised.

The shift of gear into the referendum mode took place as African Union Panel of Eminent African Personalities, which played a central role in power-sharing deal in 2008 congratulated Parliament for passing the Proposed Constitution, last week.

"A new constitution is within Kenya’s grasp. The outcome is now in the hands of the people of Kenya. The Panel, therefore, urges all Kenyans to seize this opportunity and make their voices heard in the coming referendum,’’ said the team chaired by the chief broker of the peace deal Kofi Annan.

The members include former Tanzanian President Benjamin Mkapa and former Mozambique and South Africa’s First Lady GraÁa Machel.

"The Panel asks all stakeholders to support the constitutional review until its conclusion and come together in ensuring that an important component of Kenya’s reform agenda is fulfilled,’’ read the statement from their public relations consulting office.

Verifying details

In the morning top Party of National Unity leaders met at Harambee House to discuss the handing over of the draft, failure to push through its preferred amendments in Parliament, and the next stage in the review. Vice-President Kalonzo Musyoka and Cabinet ministers Mutula Kilonzo, Kiraitu Murungi, Beth Mugo and George Saitoti were at the meeting.

The odd man out in the talks was Wako, who as Government Chief Legal Advisor, is expected to be above party politics.

After the meeting, curiously Kalonzo joined Agriculture Minister William Ruto for a public engagement in Eldoret where they belatedly called for a review of the Review Act 2008 to open the Proposed Constitution to amendments long after it left Parliament.

Wako is expected at Parliament Buildings at 10am to receive the draft as was prepared by Committee of Experts. "The draft will be accompanied with certificates stating that it was received by the Parliamentary Select Committee, debated by Parliament, and handed over to the AG without amendments," said a source in the Legislature.

"My officers are going through the document today page by page, clause by clause to verify and ascertain that the draft constitution is in its original form," said Gichohi on Tuesday.

CoE will carry out a 30-day civic education to enlighten Kenyans and correct the wrong perceptions being fanned by some politicians on the draft, especially on abortion, Land Question, Disciplined Forces, and alleged right to picket, as well as retention of Kadhis’ Courts. This is planned to stem the tide of opposition by Catholic Church, which has broken ranks with the rest of and declared it would lobby for its rejection.
Ms Monicah Njeri had her 15 minutes of fame when she chatted away with Environment Minister John Michuki on Tuesday. The minister was in Gitare Village in Gilgil where he urged Kenyans to read the Proposed Constitution carefully before voting at the referendum. [PHOTO: anthony gitonga/STANDARD]


As the clouds of referendum gathered, stirring memories of the Orange-Banana wars in the 2005 referendum, various regional blocs met informally to analyse the process so far and what is in it for them. Among them were MPs from Western who were in Kilaguni Lodge in the Tsavo over the weekend, as well as those from Coast and Rift Valley.

Wako did not give a definite date on when he intends to publish the proposed constitution, saying: " The Act gives me 30 days to do so. I still have time."

Justice Minister Mutula Kilonzo had on Monday asked Wako to immediately publish the draft to allow civic education to start and avert the ongoing misrepresentation of facts by some leaders.

"Wako should release the draft so that civic education could start instead of waiting until May 2 as required by law. Any further delay will lead to more confusion," he argued.

IIEC is supposed to publish the results of the referendum within two days of the plebiscite if no petition challenging the results is made under Section 44 of the Constitution.

Mutula argued the ‘No’ side may only succeed in reducing the margin of the ‘Yes’ win, but were not strong enough to shoot down the document.

"I would have wanted Kenyans to approve the constitution with an overwhelming mandate but a few people are trying to frustrate that. Still there is no doubt that we will still get a new constitution," he said.

"Ordinary Kenyans will enjoy a comprehensive Bill of Rights that is even more advanced than that of the US. Women and youth will also have more representation while more money will be transferred to the Counties. Who can say ‘No’ to all these?" he wondered

"I pray that churches will understand the constitution is more important than just two Articles that they are opposed to. This is about the future of this country," he pleaded.