WHO CHANGED THE DRAFT

The two words inserted illegally in the proposed constitution could have been inserted as films were being prepared at the government press in Nairobi.

Investigations by the Nation revealed that a line on a page was replaced with one containing the names “national security” onto the original works as films were taken in readiness for plate-making. The people who ordered the changes by junior officers were yet to be known.

Sources at Government Press said printing was initially stopped twice, which appears to have prepared the ground for the insertions.

The first printing of about 20,000 copies was stopped on the grounds that it had been done on white A4 size paper. Such printing is usually meant for official reports like those of commissions of inquiry.

The second printing of an estimated 20,000 copies was also stopped because it was printed on blue A4 size paper, which is meant for Bills and circulars.

It was argued that unlike the 2005 referendum document, which could have been returned to Parliament if it was approved, the current one would become law if passed on August 4. It was therefore to be printed in the current format on white A5 size paper.

Sources that cannot be named because of the sensitivity of the matter said the change was made in such a hurry that it was not taken back for proofreading as should have been the case.

They said the two words would ordinarily have both started with capital letters. But the insertion ended up with a capital letter only on the second word, reading “national Security”.

Defending his office over the insertions, Attorney General Amos Wako said: “If you look at the fonts used, it is very clear they were not edited. It could have been different.”

Usually, insiders said, bad copy would be marked at the Government Press so the client can correct it.

Once agreed on the change, the client makes the correction before signing against the alteration, then stamps against it. The time of the correction is also indicated.

In the case of the proposed constitution, there was no evidence that the changes were made.

The findings come as police chief Mathew Iteere is on Wednesday expected to receive a report detailing how two words were smuggled into the proposed new constitution.

Justice and Constitutional Affairs minister Mutula Kilonzo on Tuesday questioned why the police had not arrested the culprits.

“Why are they taking too long? Those people should have been arrested by now and prosecuted. They are criminals,” Mr Kilonzo told the Nation.

The Saturday Nation reported that the investigations could implicate three members of staff — one at the pre-press, the second at the computer department and a senior officer who authorised the changes.

The pre-press department is where camera-ready art-works are processed into films and plates before printing can be made.

It also includes computer work since the machine is used to output artworks from the soft copy, with the right print specifications.

Investigators would, however, still have a tough job identifying who ordered the staff at the Government Press to make the changes, since they did not do so on their own.

Usually, the Government Press is not authorised to make any changes to client documents.

Mr Wako said the final copy, which was in camera ready form — in vellum copy — was actually prepared by the Chief Parliamentary Counsel at the AG Chambers, Ms Margaret Nzioka, and is said not to have had the words “national security”.