The East African Standard (Nairobi)

Kenya: Law Review Could Cost Sh10 Billion

1 May 2008


Nairobi — The envisaged review of the Constitution will cost more than Sh10 billion if the process takes the route the 2005 referendum did, an expert says.

Estimates showed that with the inflation rate at about 20 per cent, the review process could cost in excess of Sh13 billion. In the November 2005 referendum, taxpayers paid a whopping Sh8 billion.

The money would have run a key ministry such as Public Works and enabled it to complete several development projects.

But Mr Ben Mutua of the Institute of Economic Affairs said it was still early to accurately project how much it would cost the taxpayer to vote for a new constitution.

"However, if all factors remain constant, then the figure could go beyond Sh10 billion for the exercise," he said.

The National Dialogue and Reconciliation Committee has identified the constitutional review as part of the long-term solutions to the problems that affect the nation.

Various groups have opposed the mandate given to Justice minister, Ms Martha Karua, to draft a constitutional referendum Bill.

The Law Society of Kenya Vice-chairman, Mr James Mwamu, said it was unacceptable for the negotiators representing different political parties to draft the Bill. He said LSK would have preferred the Attorney-General.

"Ms Karua represents the interests of PNU. We fear she might end up giving her political side's view in the draft," said Mwamu.

The East Africa Law Society president, Mr Tom Ojienda, said a referendum should not be rushed.

"A framework should be set up to limit hate and destructive campaigns like the ones experienced in the last General Election," he said.

Mombasa Anglican Bishop Julius Kalu said the Justice minister must understand that the draft referendum Bill must be drawn with the interest of the common man at heart.

Sheikh Khalifa of the Imams and Preachers of Kenya said: "Karua is the wrong person to spearhead the draft constitutional Bill. She is partisan and we do not know if she will act as a Cabinet minister or a PNU sympathiser."

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