Activists in new push for review of supreme law

Some Kenyans now say time is ripe for a review of the Constitution, 13 years since its promulgation.
This even as church leaders accused President Ruto’s administration of disobeying the supreme law while one of its drafters urged civil society groups to be involved in the ongoing bi-partisan talks being held at the Bomas of Kenya.

At the same time, civil society groups have expressed concern that gains made by the constitution could be rolled back if the Kenya Kwanza government is not held into account on how it exercises power.

The activists claimed that the next five years will be challenging to those exercising their rights and freedoms.

Adding their voice to the debate, the interfaith community urged the government to uphold human rights and rule of law as Kenya commemorates 13 years since the adoption of the supreme law.

The National Council of Churches of Kenya (NCCK), Kenya Conference of Catholic Bishops (KCCB) and Supreme Council of Kenya Muslims (SUPKEM) have partnered with civil societies in their appeal.

Speaking during celebrations to mark 13th anniversary of the promulgation of the Constitution, law professor PLO Lumumba said there were aspects of the Constitution that need to be re-examined.

One of them is the structure of the Executive, which he said has been interfered with by creation of positions such as that of the Prime Cabinet Secretary which is not enshrined in the Constitution while representation of women and minorities remain a major headache.

“We are here to make known to Kenyans that we ought to engage in a conversation to commence a popular initiative to have our Constitution a mended,” Lumumba said.

In particular, Lumumba raised pertinent issues touching on the structure of the Executive, Devolution and independent Constitutional Commissions.

He argued that the executive created some positions not contained in the Constitution, necessitating a revision of the laws to either accommodate or nullify them.

“We are saying that on a day to be announced, we shall commence the process of collection of signatures, which are to be a minimum of a million to ignite the process of a popular initiative,” said the former Kenya’s Anti-Corruption Commission (KACC) director.

Elusive gender rule

He argued that whereas the Constitution sought to ensure that all public institutions adhere to the two-thirds gender rule, some other marginalied communities were excluded from the provision. For the last 13 years, the state has struggled to achieve the two-thirds gender rule. In the Cabinet, 15 Cabinet Secretaries are men, while seven are women.

The Head of State appointed 51 principal secretaries, of which only 12 are women, despite promising women a third of his government. The High Court, however, on July 3 dismissed the appointment of 50 CASs by President Ruto as unconstitutional.

Separately, Rarieda MP Otiende Amollo has warned the civil society that their voice is likely to miss out in the ongoing bipartisan talks should it lead to constitutional review. He urged human rights actors to pile pressure to be included in the talks.

“The reason why civil society must participate when calls for constitutional change are made is because politicians are likely to amend the constitution to make it worse,” he said.

He noted that laxity by civil society and even the church to hold duty bearers accountable and criticise wrong administrative decisions was because of the thought that there are constitutional bodies created to perform that job.

“With the reality that the constitutional commissions are not doing what they were created to do, then the civil society must step in to check the state and its excesses,” he said.

Kenya Human Rights Commission Executive Director Davis Malombe faulted the state over the recent police brutality during the protests over high cost of living called by the opposition and electoral reforms and attack on free press by some Kenya Kwanza leaders.

“Elected populists in the new government are against independent media and civil societies and this is why I see the next five years as a challenge,” said Malombe.

Katiba Institute Executive Director Christine Nkonge said the reviewed constitution will cure ills bedeviling the country such as hunger and extra-judicial killings. “We should not be dealing with extra-judicial killings and hunger 13 years since the promulgation of the constitution. We have a long way to go,” said Nkonge.

Former Makueni Governor Kivutha Kibwana said the newest betrayal is that of the youth who have been killed over flimsy grounds.

Transparency International Executive Director Sheila Masinde argued that leadership and integrity must be addressed or else the country will not solve its governance problems.
Veteran journalist Macharia Gaitho said the media has a major role to ensure the government uphold the rule of law.

“There is free space in the media now as compared to the days of the Special Branch but the media still has a bigger responsibility of setting the national agenda,” he said.

“We wanted a Constitution that would assure every Kenyan equality before the law, with equal access to services and resources. We dreamt of a Constitution that would give Kenya a better government, national cohesion, and hope,” Archbishop Timothy Ndambuki said.