ANNAN SAYS YES

Former UN secretary-general Kofi Annan on Tuesday urged leaders to support the draft Constitution.

Mr Annan, who mediated an end to the post-election violence in 2008, saluted MPs for passing the draft and said Kenyans should be given the opportunity to make the final decision on the proposed laws.

“A new constitution is within Kenya’s grasp. The outcome is now in the hands of the people of Kenya,” he said in a statement by the Panel of Eminent African Personalities.

Election upheavals

He praised President Kibaki and Prime Minister Raila Odinga for turning up in the House on the day lawmakers voted for the draft.

Their attendance, Mr Annan said, was a demonstration of commitment to the implementation of wide ranging reforms to cushion the country against future election upheavals.

“The Panel welcomes, in particular, the strong show of support in Parliament for the draft from the President and Prime Minister. Kenya’s elected representatives have shown that despite differing views, they can unite to help deliver a better future for all Kenyans,” he said.

And Vice-President Kalonzo Musyoka asked the Church to read the mood of the country before opposing the draft constitution.

He reflected on the progress made towards the realisation of a new constitution and said people were ready for a new law.

“Although the Church is made up of Kenyans who have genuine concerns, Parliament can still amend the draft,” he said. He stressed the need for all people to be involved.

“The constitution is a living document and cannot be written in exclusion.”

He added: “We need to bring all the people on board.”

Mr Musyoka was speaking at the Bomas of Kenya where he opened a national secondary schools students conference.

The Church has vowed to reject the draft once presented for a referendum since its call for dropping of the Kadhi’s courts, and Article 26 that allows doctors to end a pregnancy if the mother’s life is in danger, or if she needs emergency treatment, has not been heeded.

Last week, MPs, in a dramatic turn of events, withdrew most of their proposed amendments, rejected those that were moved and passed the draft as prepared by the Committee of Experts.


But the draft has run into stiff opposition from the Catholic Church and some evangelical groups have vowed to fight it.

Christian leaders are also against retaining Kadhis’ courts in the new constitution under Article 169 and 170.

The draft limits the authority of Kadhi’s Courts to disputes over personal status, marriage, divorce or inheritance, where all the parties are Muslims and agree to take the case to a Kadhi.

MPs, mainly drawn from the Rift Valley, have also vowed to vote against the draft to protest against the proposed laws on land and devolution.

Said Chepalungu MP Isaac Ruto: “We were comfortable with the first draft that was prepared by the Committee of Experts. However, they started entertaining sms and emails to change the expressions of Kenyans and we will vote against it.”

On Tuesday, Mr Annan urged all leaders and the public to support the draft. He also urged voters to turn up in large numbers during the referendum slated for July.