19 Nov

Hopes for a new constitution in Kenya were high on November 17, as the country launched the harmonized draft that will be reviewed by the Kenyans in the next thirty days.

The draft proposes a ceremonial president and an executive prime minister with powers to appoint professionals to the cabinet unlike in the current scenario where all members of the cabinet are Members of Parliament. The draft is a culmination of over two decades of deliberations. This is the fourth draft since the 2002 when Kenyans had the Constitution of Kenya review commission (CKRC) draft, the Bomas Draft of 2004 and the Wako Draft of 2005. Among the issues that have been contentious are: the executive, legislation and devolution.

The launch was attended by Prime Minister Raila Odinga, the Vice President Kalonzo Musyoka and the Chairman of the Constitution Committee of Experts (CoE), Nzamba Kitonga. Addressing the congregation, Odinga said the Kadhi Courts issue was not as contentious as some people had taken it. He urged Kenyans to be sober and considerate as they addressed the issue. Addressing a press conference after the launch, the Chairman of CoE, urged the Church to assist the committee to harmonize issues around the Kadhi Courts.

The Kadhi Courts have been quite “controversial” in the current constitution-making in the country.
Some Christians are of the opinion that the new constitution should do away with Kadhi Courts and that the State should remain secular. On the contrary, the Muslims hold that the Kadhi Courts should be upheld as the case has been in the history of this country.

“Our position on the issue-Kadhi Courts has not changed. We are still against its inclusion in the new constitution,” remarked a church minister during the launching of the constitution review exercise,
Kenyans have been presented with an opportunity to offer their suggestions in the next one month. “Let Kenyans offer constructive suggestions to build an acceptable constitution that will, have meaning for all of us,” says Odinga

1 Comment

Posted by on November 19, 2009 in Uncategorized



  1. Caleb

    November 19, 2009 at 11:17 am

    I appreciate the fact that we finally have a draft constitution. I have taken time to go through the so called harmonized constitution and since the freedom of speech is there ,i feel that i got the right to make my personal views on the same.
    Freedom of expression
    50. (1) Every person has the right to freedom of expression, which
    (a) freedom to seek, receive or impart information or ideas;
    (b) freedom of artistic creativity; and
    (c) academic freedom and freedom of scientific research.
    First of all we have to understand that in Kenya we have three Centers of power which include the President(executive) ,Judiciary and Parliament. All these work hand in hand in that whatever decision is made by one it has to be checked by the others example when president Kibaki reappointed Aaron Ringera parliament rejected his decision and that’s when the judiciary came in and gave the final ruling.

    What i am trying to say here? The current harmonized constitution proposes that the president Authority of the State President
    157. (1) There shall be a State President of the Republic.
    (2) The State President is—
    (a) Head of State;(3) The State President is a symbol of national unity.
    (4) The State President shall—
    (a) respect, uphold and safeguard this Constitution;
    (b) safeguard the sovereignty of the Republic;
    (c) promote and enhance the unity of the nation;
    (d) promote respect for the diversity of the people and
    communities of Kenya; and
    (e) ensure the protection of human rights and fundamental
    freedoms and the rule of law.
    (5) The State President shall not hold any other State or public office.
    Prime Minister
    179. (1) There shall be a Prime Minister of the Republic, who shall be the Head
    of Government.
    (2) The Prime Minister shall direct and co-ordinate the work of the
    ministries and the preparation of legislation, and is responsible to
    (3) The Prime Minister shall preside at meetings of the Cabinet.
    (4) In the absence of the Prime Minister, the Deputy Prime Minister shall
    perform the functions of the Prime Minister.
    (5) The Deputy Prime Minister, when performing the functions of the
    Prime Minister under clause (5), shall not exercise a power of the
    Prime Minister in relation to—
    (a) nomination or recommendation for appointment to a public
    office; or
    (b) the allocation of functions to or the transfer of functions from
    the Deputy Prime Minister, a Minister or a Deputy Minister.
    Gay marriages should also be allowed because these people are also Kenyans but the constitution says the following on Family
    42. (1) The family is the natural and fundamental unit of society and the
    necessary basis of social order.
    (2) Every adult has the right to marry a person of the opposite sex, based
    upon the free consent of the parties.
    (3) Every adult has the right to found a family.I TOTALLY DISAGREE WITH SOME CLAUSES ON THIS CONSTITUTION.THe ones mentioned above. This what i personally feel. Kenyans go through it am still going thru it …..i have an issue also with the marriage section…..The constitution recognizes just opposite sex marriages …what abt same sex marriages?…. i know it biblicaly not right but remember we have a freedom or religion ….. one can be a pagan or any other thing….

    am still reading


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