Why MPs won’t enact new constitution within a year
By Peter Opiyo
Constitutional experts have warned Parliament is unlikely to endorse a new constitution within a year for fear of fresh elections.
The Law Society of Kenya (LSK) constitutional committee says a new constitution would also mean the end of the Grand Coalition Government.
(LSK Chairman Okongo Omogeni (centre) with members of the committee on constitutional review at the County Hall, on Tuesday. PHOTO: COLLINS KWEYU)
Consequently, it has presented incremental amendments in two crucial Bills to the Parliamentary Committee on the Administration of Justice and Legal Affairs.
LSK Chairman Okong’o Omogeni said the National Accord and Reconciliation Act says the coalition would not hold once the new constitution is in place.
“MPs are unlikely to pass the new constitution because it means they would go home and face fresh elections, and the coalition government would equally not be in place,” he said.
Committee member Apollo Mboya said the coalition government a temporary measure and would be insolvent should the new constitution prefer a parliamentary or presidential system of governance.
LSK now wants Parliament to withdraw the Constitution of Kenya Review Bill, 2008, and the Constitution of Kenya (Ammendment) Bill, 2008, for re-drafting.
The two Bills lay the roadmap of achieving a new constitution.
The Constitution of Kenya Review Bill is a continuation of the National Accord and Reconciliation process and is aimed at solving underlying problems.
The Constitution of Kenya (Ammendment) Bill on the other hand, aims to entrench a referendum in the Constitution.
This was based on Justice Aaron Ringera’s judgement in the Timothy Njoya case, which stated that a new constitution could only be enacted either through a referendum or a constituent assembly.
But LSK wants this amended, arguing it is borrowed from India.
Courtesy of;http://www.eastandard.net/print.php?id=1143991253&cid=159&
3 users commented in " LSK chairman ‘Mr Okongo” has been compromised by Mt Kenya Mafia to oppose the long awaited Majimbo constitution enactment within a year "
Follow-up comment rss or Leave a TrackbackFolks,
LSK was LSK when the late Oki Ombaka headed it and gave it direction.
Since then I have not seen any credibility come out of that institution other than a bunch of hungry stomach first fellows. People who think with their stomachs.
It is sad they have lost direction. The Kenyan Public dont need their advice right now, whatever they say is trash that goes down the stream as waste disposals.
The LSK needs to know that what is at stake now is the Driving Force of what KENYANS DEMANDS from the LEGISLATORS, not What the Legislators or the Executives want. The
Legislators or Executives business is to deliver what the Public Demands. The
Referrundum spoke volumes and nothing short will divert attention from the bigger picture
of Delivering the CONSTITUTION. This means all big mouths of Corruption Cartels will
be shut by all means, and those found guilty will be thrown to jail. Whoever he is, be it
the President or the Son of the President, he will stand charged, if found guilty will serve
his days in prison.
Let them know, this is going to be a landmark, a history in the making, no short cuts.
Thanks,
Judy Miriga
USA
Law Society of Kenya has gain started to confuse kenyans as they are doing in the judiciary.We all know that lawyers are always operate well in a confused society. Lawyers by
nature of their work are always double talkers.
It is just the other day when Okongo was supporting constitution enactment. The argument that Mps will not support change the constitution is shallow and confused ideas.
We can not sacrify the life of all kenyans because of MPs fear of elections. Kenyans want new constitution now. Okongo should tell us the number and the names of these mps who do not
want new constitution to be enacted.
Lawyer Okongo and Apollo Mboya kenyans are asking you to be open and tell them truth.
The point of fear of the mps for General Election is a small thing compare to kenyans’
life.Kenyans’ life depends on acceptable which can not be bend to serve only few at the expense of the majority.
Therefore,we are asking SLK to stop confusing kenyans the way they are trying to do.In any case,lawyers have not been known to leaders. Their vast knowledge of laws always help them
to work against natural justice.Look how Marcos messed his country despite being a lawyer.We want leaders who are plain in whatever they do.
Dear All
am not a lawyer but am very aware that the constitution can be made if they want to enjoy marriage what they will need to do is to delay the implementation date of the new law.
The problem we have is that lawyers like readings the books upside down.
Thanks
chris owalla
Director
CIAG-K
KISUMU
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