Youth Coalition Wants Review Before 2007 Elections

Added: (Sat Apr 22 2006)

Pressbox (Press Release) - NAIROBI, KENYA April 24, 2006--Another election under the current constitution will seriously compromise Kenya�s future prospects. In its presentation to the Kiplagat Committee, the newly formed Coalition for Constitutional Reform (CCR-Kenya) insists that if elections are held under the current constitution, the very viability of Kenya as a nation-state is at stake. They say Kenyans should not be talk about elections, when there is even no well-defined legal framework for transfer of power.

The Coalition includes Madaraka Party of Kenya, Youth Anti-Corruption Movement, Progressive Youth Leadership Assembly (Kenya-Pyla), East African Regional Youth Network (EARY N), National Youth Political Advocacy Bureau, Youth Agenda for Peace & Development (Mombasa), and the National Youth Empowerment Council.

The coalition argues that because of handing blanket power to Kibaki, the latter has used draconian powers he inherited not to conclude the democratization process as he promised during elections, but to move the country back towards the dark pre-1991 days of one-party dictatorship.

Kenyans, they argue, have lost their hard-fought right to form political parties. For example, only three political parties have been registered since the present administration took over �all of them registered to serve the interests of the government. All other parties seeking registration (such as Madaraka Party), social movements, pressure groups, associations, and other organizations formed to address social issues, have been told one thing by the registrar of societies: �the government has put on hold the registration of any new organizations until further notice�.

The coalition argues that three important factors have to be put into account by the Kiplagat committee when making their recommendations-the first one is the process through which the constitution is going to be enacted. The second one is the content�mainly how the contentious issues are gong to be resolved. The third factor is the time-frame.

In terms of legislation that will underpin the review process and lead to a new Constitution of Kenya, the first legislative step is for Parliament to amend Section 47, to allow for the overhaul / promulgation of the constitution. The aforementioned �Constitutional Enactment Oversight Council� would be the child of the amended section 47. Parliament should play its role, merely as that of legitimization, of what the people have agreed upon.

CCR recognizes the Bomas Conference as the legitimate representation of the people of Kenya. In our opinion, therefore, there is no need for a constituent assembly or another review commission to oversee the enactment of the constitution. This very Committee of Eminent Persons can be expanded to render the process all-inclusive.

As for a process that will facilitate the resolution of contentious issues, they maintain that contentious issue should be decided by the people in civic education workshops across the country. �This will be a give and take interactive process, whereby the civic education facilitators explain to the people the Bomas draft and the people respond. Their views are captured and contentious issues are sifted out of those views. The contentious issues are resolved via a referendum based on contentious issues. An issue is taken as resolved when 50% +1 of votes are cast for one side of the contention,� the CCR Roadmap for Constitutional Reforms Before 2007 Elections
explains.