Kenya: NCCK Says Bomas Talks Lacking Public Participation, Constitutional Change Undesirable

3 October 2023

Nairobi — National Council of Churches of Kenya (NCCK) has urged for an extension of the Bomas dialogue time frame to allow for adequate public participation.

This, they said, will help to avert the risk of the committee to adopt a political settlement with minimal participation.

In a statement on Tuesday, NCCK Chairperson Timothy Ndambuki said the National Dialogue Committee should have sufficient time to engage Kenyans at the county level to ensure no Kenyan is left unheard.

"We in the NCCK commend the National Dialogue Committee for the process you have engaged in," Ndambuki said.

"However, the timeframe provided is rather short, which has the risk of forcing the Committee to adopt a political settlement with minimal public participation. We recommend that the term of the Committee be extended for this purpose."

NCCK also pronouncement itself on the prospects of a constitution amendment terming any referendum as undesirable.

The Council urged the National Dialogue Committee to identify and drive legislative and policy measures to address the issues set out in the agenda.

He added that it will not be prudent as there is a potentially divisive boundaries delimitation process coming up in a short while and an economic meltdown.

"It will not be prudent at this moment in time, to subject the country to the polarization and politicization of life that accompanies constitutional amendment discourse," Ndambuki said.

"When there is a potentially divisive boundaries delimitation process coming up in a short while and an economic meltdown."

This proposal comes as three petitioners on Friday moved to court seeking orders to stop ongoing dialogue citing lack of public participation.

Issa Chamao, Patrick Ekirapa and Paul Kirui challenged the legality and constitutionality of the 10-member committee led by Majority leader Kimani Ichung'wah and his co -chair Kalonzo Musyoka.

Contested agenda

The petitioners contended that the establishment of the Committee was illegal since it was not subjected to public participation.

"The National Dialogue Committee isolated issues for amendment of the Constitution without involving the people's constituent and sovereign power to decide for themselves the complete set of issues for amendment of the 2010 Constitution," the petitioners held.

"It is not clear how the issues were arrived at. Are they conclusive?" they stated in suit papers filed at the Milimani Law Courts.

The petitioners further opined that the dialogue committee raises fundamental issues concerning its an attempt to consider amendments of the Constitution.

These include the reconstitution of the Independent electoral and Boundaries Commission (IEBC) which the petitioners claimed was in a state of limbo.

"Constitution provides that IEBC is required to undertake boundary delimitation 10-12 years after 2010 (the last time when delimitation was done). We are left with only 6 months for the Commission to undertake this exercise. Delays will occasion an unnecessary constitutional compliance crisis," they said.

The petitioners also stated that key agenda concerns raised by the committee were designed to push through issues of political self-interest using the Constitution.

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