POLITICS-KENYA: Renewed Demands for Partial Constitutional Review

By IPS Correspondents Reprint | | Print |

Joyce Mulama

NAIROBI, Feb 19 2007 (IPS) - The clamour for a new constitution in Kenya has taken a further twist: civil society, political parties and the Parliamentary Committee on Administration of Justice and Legal Affairs are teaming up under Muungano wa Katiba Mpya (the Union for a New Constitution, in Swahili) to demand partial constitutional reforms before general elections later this year.

This comes despite the announcement by President Mwai Kibaki in August 2006 that there would be no partial reforms before the poll. His declaration was prompted by calls from certain parliamentarians for “minimum reforms”, which included stripping the president of his right to appoint members of the 21-person Electoral Commission of Kenya (ECK). It was feared that Kibaki could stack the ECK with supporters to favour government in the upcoming ballot.

Now, the demand for reduced presidential powers concerning the ECK is being put forward again by the newly-formed Muungano wa Katiba Mpya. This body says that while full-scale constitutional review will not be possible before Kenyans are due to vote, certain changes, since named “essential reforms”, should be instituted to ensure fair elections.

The ECK oversees presidential, parliamentary and local government polls. Muungano wa Katiba Mpya is demanding that ECK commissioners be appointed by political parties and approved by parliament, in line with a 1997 agreement between political parties.

Last month, Kibaki appointed nine new ECK members to replace those whose terms had expired in 2006, and a commissioner who had died.

The union is also calling for reduced presidential influence over the judiciary, amongst other amendments. “There can never be fair arbitration in courts when they are interfered with by the executive,” spokesman Cyprian Nyamwamu told IPS.

Muungano wa Katiba Mpya has announced that if partial reforms are not instituted by Apr. 15, a campaign will be launched under the theme ‘No reforms, no elections’. This will see civil society organisations conduct a cross-country drive to inform people about the importance of the constitutional amendments – and the need for an election boycott if they are not passed.

At Muungano wa Katiba Mpya’s first rally, held Saturday in the capital of Nairobi, opposition leader Raila Odinga reminded thousands of supporters that the power of public protest had been demonstrated in the constitutional referendum held November 2005.

“Remember: the same thing happened at the referendum and the government lost,” he noted.

A new constitution put forward in this vote was rejected in the wake of concerted action by opposition and civic groups, even though the draft enjoyed government support.

Odinga forms part of the Orange Democratic Movement (ODM), which emerged during the campaign for the referendum: those who opposed the draft constitution took the orange as their symbol, while constitutional supporters took the banana.

The ODM comprises various opposition parties and former ministers in the Kibaki administration who will challenge government in the coming elections. Odinga previously served in Kibaki’s National Rainbow Coalition (NARC).

Justice and Constitutional Affairs Minister Martha Karua has reiterated government’s opposition to piecemeal reforms, adding earlier this month that authorities would not succumb to dictates.

Kibaki, who came to power in December 2002, pledged to have a new constitution in place within his first 100 days in office.

During 2002 and 2003, delegates from across Kenya attended the National Constitutional Conference at the ‘Bomas of Kenya’ cultural venue on the outskirts of Nairobi to draw up a new constitution – named the ‘Bomas draft’.

The document provided for reduced presidential powers as demanded by Muungano wa Katiba Mpya. This reflected widespread public support for a clampdown on the head of state’s authority that appeared to stem from distaste for abuses by previous leaders.

Certain ministers, including Odinga, supported a weaker presidency, while Kibaki’s National Alliance Party of Kenya (NAK) and allies of the Kenyan leader opposed downsizing presidential powers – differences that ultimately led to a split in NARC. NAK legislators later altered the Bomas draft to maintain strong powers for the head of state.

A 15-member Committee of Eminent Persons was appointed by Kibaki last year to collect Kenyan views of perceived weaknesses in the constitutional review process, and advise government accordingly. The team found that a majority of Kenyans still wanted the Bomas draft to be implemented – not the amended version of the constitution that was put to voters in the referendum.