POLITICS-KENYA: Protests Against a “Mutilated and Unpopular Constitution”

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Joyce Mulama

NAIROBI, Jul 20 2005 (IPS) - Hundreds of people took to the streets of Nairobi to protest against parliamentary efforts to alter a draft constitution that was endorsed last year by the National Constitutional Conference (NCC): a group comprising government representatives and members of civil society.

Hundreds of people took to the streets of Kenya’s capital, Nairobi, Tuesday to protest against parliamentary efforts to alter a draft constitution that was endorsed last year by the National Constitutional Conference (NCC): a group comprising government representatives and members of civil society.

“Parliament has taken over the role of the people of Kenya to make the constitution,” said Ndolo Asasa of the People’s Movement, an umbrella body for civic groups, who helped lead the protests.

“They are planning to impose a mutilated and unpopular constitution on the people, on a ‘take it or leave it’ basis,” he noted, amidst shouting and clapping from other demonstrators.

The protestors had intended to march to parliament and present a petition to the speaker of the legislature, calling on him to stop a debate scheduled to get underway this week concerning changes to the draft constitution. However, riot police armed with clubs, shields and teargas prevented them from doing so.

Carrying banners which stated “Parliament keep off! It is our constitution”, the protestors, some of whom were in tears, then gathered at police headquarters – chanting “We want peace!”

“No number of policemen will stop the people of Kenya from demanding what is theirs,” said William Ruto, a member of parliament (MP) for the Kenya African National Union (KANU) – the main opposition group – and former chairman of a parliamentary committee that has proposed changes to the draft constitution agreed on by the NCC. He was addressing journalists at a press conference, Tuesday.

Initially, the law provided for parliament to adopt or reject the draft constitution in its totality. Last year, however, MPs passed the Consensus Act, giving parliament the right to amend the draft – this despite a public outcry over the law.

Certain MPs attended a retreat earlier this month in the coastal town of Kilifi, where they put forward a version of the proposed constitution to replace the so-called Bomas draft (named after a venue on the outskirts of Nairobi where the NCC held its discussions).

This latest version, dubbed the Kilifi draft, allows the presidency to retain its considerable powers; under the Bomas draft, most of these powers would have shifted to the newly-created post of prime minister. Since Kenya gained independence from Britain in 1963, the country has suffered from abuse of executive powers.

Legislators from KANU were not present at the Kilifi retreat – nor representatives from the Liberal Democratic Party (LDP), a member of the ruling National Rainbow Coalition (NARC). LDP leader Raila Odinga, also the minister of roads, public works and housing, had reportedly been promised the post of prime minister before allies of President Mwai Kibaki began lobbying for a powerful executive.

“This government came to power on a platform of change and announced immediately a new constitution. (But) having tasted power for over two years, they have seen that power is sweet and are afraid to let go,” Ng’ang’a Thiongo, a human rights lawyer based in Nairobi, told IPS.

“They thus want to retain the executive without considering the wishes of the people who elected them.”

Kibaki, elected to power at the end of 2002, promised that a new constitution would be in place within 100 days of him assuming office. However, the NARC government failed to meet this deadline – or uphold a later promise to enact a new constitution by the middle of last year.

The Bomas draft is based on the work of the Constitution of Kenya Review Commission, which traveled across the country, collecting information from Kenyans about what they wished their new constitution to contain.

Appointed in 2000, the commission released its findings in September 2002. The 629 delegates of the NCC began discussions at Bomas in April 2003.

The current chairman of the parliamentary committee on the constitution, Simeon Nyachae, tabled the Kilifi draft before the legislature Tuesday. Should the draft be adopted, it will be sent to the Attorney General, then to the Electoral Commission of Kenya, which will organise a referendum on the proposed constitution.

However, the protesters who voiced their demands Tuesday appear unwilling to let this process go its course without resistance: demonstrations are expected to continue throughout the week.

“We want to sustain the mass action and paralyse all operations until parliament accedes to the people’s power,” Cyprian Nyamwamu, another member of the People’s Movement, told IPS.