John Ngirachu
5 September 2008
Nairobi — The probability of Kenyans going into another referendum to decide on a new constitution increased on Friday when the Law Society of Kenya (LSK) appeared to soften its tough stance over the process.
However, the referendum will not require the public to either choose or reject some of the contentious issues that have delayed a new constitution for nearly two decades.
Justice and Constitutional Affairs minister Martha Karua and LSK boss Okong'o Omogeni said they had reached an agreement on the matter they had differed over in the last two weeks.
"The new design of the referendum, which we call constitutive, will be acted on by Kenyans to adopt the draft constitution. All outstanding issues will be solved before we go to the referendum.
We know that we failed in 2005 because we took issues to the referendum," she said.
Friday's meeting, the second between the lawyers and the Government, also yielded results as the Government and the legal fraternity agreed on the team of experts who will prepare the draft for adoption.
They tentatively agreed on a nine-member team of experts, seven of who will be Kenyans.
"We have made progress and we want to reach out to everyone so that we can have the constitution in one year. We are soon going to talk to the churches," she said.
LSK chairman Okong'o Omogeni said the lawyers want a majority of Kenyans in the team of experts that will resolve contentious issues in the draft before it goes before a referendum.
He said the move is aimed at avoiding the kind of divisions created by the last referendum in 2005.
The lawyers had earlier this week opposed the idea of a referendum, saying it is divisive.
Speaking at a media briefing after the meeting at Hilton Hotel on Friday, both Ms Karua and Mr Omogeni said much progress had been made during their meetings and committed themselves to maintaining the efforts to deliver a new constitution.
Said Ms Karua: "We want to harmonise the lawyers' and the ministry's views and the idea is to make the process as participatory as possible. So far, we agree on the issue of a referendum as long as it is constitutive."
She said the methods to be used in resolving issues arising before the referendum is held were also being discussed.
On whether minimum reforms are needed before a full-scale review is done, Ms Karua said the two groups will continue to negotiate but hinted that the idea was still viable.
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