One of the contentious issues isolated by the Committee of Experts on constitution review appears to have been ironed out.

PNU and ODM legislators on the Parliamentary Select Committee (PSC) overseeing the process approve of proposals to implement some constitutional changes in phases. In a meeting with the MPs yesterday, CoE said it proposed to retain key institutions and offices for a smooth handover — a proposal they welcomed.

The consensus on transitional issues, however, did not carry on to choosing a system of government.

It has also emerged that the CoE will be proceeding on a retreat this week to prepare a harmonised Draft Constitution to beat the deadline three weeks ahead.

CoE Vice-chairperson Atsango Chesoni, Parliamentary Select Committee member Ababu Namwamba and CoE chairman Nzamba Kitonga at ParliamentBuildings, Nairobi, Monday. [Photo: JONAH ONYANGO/Standard]

Committee member and PSC vice-chairman Ababu Namwamba said: "There is wide consensus among members of the PSC that implementation of the new constitution needs to be staggered because you will cause anarchy if you dissolve all institutions at the same time."

According to Namwamba, PSC members feel a staggered implementation is the best way to manage transition and enable the Interim Independent Electoral Commission (IIEC) register voters and manage a referendum on the new charter.

Final draft

And according to PSC Chairman Abdikadir Mohammed, CoE assured PSC Parliament would not be recommended for dissolution in the transitional arrangement in the CoE’s final draft expected in three weeks. He said CoE has recommended that "all elective offices remain in place until their term is over" and that all offices recommended for dissolution will only be disbanded or replaced after adequate arrangements are put in place to avoid a vacuum.

"Ultimately it was agreed someone has to manage the process," said the PSC chairman referring to the incremental implementation of the proposed law.

Separately, Attorney General Amos Wako told The Standard last night he was "proceeding on a retreat with the Committee of Experts to prepare the harmonised Draft Constution and a report to the Select Committtee on Constitutional Review".

The CoE expects to write a draft constitution "very soon" according to Mohammed, but a member of the team said "we expect to have draft in three weeks".

Reports show the CoE has reached considerable consensus on the three contentious issues on transitional arrangements, devolution and system of government and offered several possible scenarios on how to bridge wide differences on these issues especially between PNU and ODM and their allies.

Yesterday’s meeting was "a housekeeping meeting to assess progress of the review," according to Mohammed who says "PSC was satisfied with the progress so far made by the Committee of Experts".

PNU was represented at yesterday’s meeting by Finance minister Uhuru Kenyatta, Assistant ministers Peter Munya, Mwangi Kiunjuri and Ndaragwa MP Jeremiah Kioni while ODM had Local authorities minister Musalia Mudavadi, Charity Ngilu (Water) and Olago Aluoch.

After the six-hour meeting CoE chairman Nzamba Kitonga disclosed his committee discussed the contentious issues with the committee "and they gave us their opinions on how they can be resolved."

Hybrid system

Kitonga said the meeting was a cordial consultation but reports from the venue disclosed Kibaki’s allies contested CoE’s proposal for a hybrid system of government in which an elected president shares power with a prime minister chosen from Parliament’s largest party.

It was one of the three scenarios proposed besides the full-fledged parliamentary and presidential systems. According to sources Kioni, Munya and Kiunjuri said the proposal takes away power from a popularly elected leader, while the ODM leaders favoured the hybrid system while the PNU members wanted another version that retains the power structure established by the National Accord last year.

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