1. The constitution Process; some thoughts

2. A FEW FACTS ON THE CONSTITUTION MAKING PROCESS IN KENYA The search for the new constitution in Kenya has been long and torturous We have spent a lot of time and resources in the process A lot of lives and property have been lost in this struggle A lot of consultation and public involvement has taken place in our search for the new constitution

3. FACTS: Kenyans have already spelled out the kind of constitution they want A few elements always find their way to frustrate the chance of Kenyans to get a new constitution If the citizens are well informed and empowered they can be able to withstand the lies of political leaders and hence make their own decision

4. SCENARIO Katiba Sasa! Campaign The PCK is published and it represents a broad consensus but some vocal groups reject it and either threaten or start campaigning against it. Options for CSOs under this scenario- That further consultations are held (argue for status quo till then) Campaigning for the adoption of the draft (determine that those against the PCK are an obstacle to reform) Not to engage in the referendum and/or constitution making process altogether.

5. Objective Criteria Katiba Sasa! Campaign Why? Score sheet for process and content Basis for interrogating the draft Basis for engagement with the process How? Delineation of the principle Determination of elements

6. Criteria Katiba Sasa! Campaign PrincipleExpected provisions 1. All Kenyans being equal, shall enjoy equal access and participation in all aspects of the Constitution-Making Process. Kenyans shall Be consulted by the organs of review Provide feedback to CoE and other organs Participate in the referendum 2. The constitution shall respect the diversity of the Kenyan people The Constitution shall Recognise minorities and the marginalized Recognise persons living with disabilities Enhance gender equity and equality

7. Criteria Katiba Sasa! Campaign PrincipleExpected Provisions 3. The constitution shall be founded on these values: i.Accountability, ii.Trust, iii.Integrity, iv.Equity v.and Inclusivity. The constitution shall Provide for national values and principles to guide state policy Provide policy framework for national leadership and integrity

8. Criteria Katiba Sasa! Campaign PrinciplesExpected Provisions 4. The constitution shall promote national cohesion, dialogue and tolerance. The constitution shall Provide for national values and principles to guide state policy Recognise diversity Equitable distribution of resources Establish a mechanism for conflict management 5. The constitution shall respect the universal principles of all human rights and rule of law. The constitution shall Clearly set out a justiceable and enforceable bill of rights (political, socio-economic, cultural and group) Mirror, in all its chapters, the bill of rights

9. Criteria Katiba Sasa! Campaign PrinciplesExpected Provisions 6. The constitution shall secure gains already made in previous law review processes The Constitution shall Be a complete departure from the current order Build on all positive aspects of previous drafts Provide a sound basis for progressive legislation 7. All actors of the review process shall work in a harmonious and complementary manner. The review process shall Provide for mechanisms for meaningful consultations and feedback Guard against one actor hijacking the process and content Provide for a coordinated approach on all aspects covering content Ensure the rights and responsibilities of all Ensure all actors refrain from issuing inflammatory and uninformed statements

10. Criteria Katiba Sasa! Campaign PrincipleExpected Provisions 8. The constitution shall ensure the separation of power with maximum checks and balances The constitution shall Provide for the clear independence of the 3 arms of government Ensure provide for sanctions against abuse of power Provide mechanisms for vetting appointments and impeachment procedures for public offices Provide for Ministers to be drawn from outside National Assembly 9. The constitution shall enhance fair and equitable distribution of national resources and opportunities The constitution shall Ensure devolution of power Ensure equitable distribution of resources and opportunities Provide a clear framework for anti- discrimination

11. Criteria Katiba Sasa! Campaign PrincipleExpected Provisions 10. All aspects of implementing this constitution shall be for the common good of the people of Kenya. The constitution shall Abolish all present structures that inhibit devolution Ensure elections are held and appointments done in accordance to the new constitution Provide clear transitional mechanisms and timeframes Prioritise the laws needed to operationalise the constitution Establish a Commission for the Implementation of the Constitution 11. The New Constitution shall be enacted by ourselves and for our posterity. The constitution shall have A provision for the referendum A preamble which enshrines the spirit of the constitution

12. Political elite Interest groups - CS – organised & otherwise Kenyans Operational Framework

13. The recent constitutional journey CKRA 2008 & CKAA 2008 – established organs/process People’s views on contentious issues Harmonisation –upto 17 th Nov 09 Feed back to CoE upto 17 th Nov Inputting views by CoE upto 7 th Jan 2010 PSC 21 days - Naivasha CoE – 14 days – to 23rd Feb 2010 PSC – 7 days National Assembly – 30 days Speaker – 7 days AG – 30 days – 6 th May 2010 Civic Education – 30 days REFERENDUM – 60 DAYS