Avoid acrimony in the law reform campaigns
What you need to know:
- Debate has been raging in both the Senate and National Assembly about some contentious issues in the Bill.
- These include creation of 70 constituencies, which proposal encroaches on the mandate of the Independent Boundaries and Electoral Commission.
The path towards the referendum to change the Constitution now looks clearer as the Senate moved towards approving the law review Bill. Last week, the Senate was embroiled in rancorous debate over the Constitution (Amendment) Bill 2020 and, at one time, threatened to throw it out. However, as events turned out yesterday, there was little opposition to the draft law.
Not that rejecting the Bill would have had any consequence. The Constitution ties the hands of Parliament. Any constitutional review process under a popular initiative cannot be jettisoned by Parliament once the Bill is passed by the county assemblies. After parliamentary approval, the Bill will be forwarded to President Uhuru Kenyatta for assent, which will set the stage for a national referendum.
Debate has been raging in both the Senate and National Assembly about some contentious issues in the Bill. These include creation of 70 constituencies, which proposal encroaches on the mandate of the Independent Boundaries and Electoral Commission.
Avoid acrimonious contest
The other is creating the position of judicial ombudsman, which role undermines the independence of the Judiciary. Yet independence of the Judiciary is germane to democracy and any legal architecture that purports to negate it is unconstitutional. These and other provisions will remain contestable and the promoters of the review process must seek ways of dealing with them at some stage.
Given the fact that the country is headed for a referendum, the concern is the shape and form the campaigns will take. The point is that referendum is a political contest that is fraught with perils. Political campaigns are always tension-packed and prone to violence.
Already, camps have formed with President Uhuru Kenyatta and Opposition Leader Raila Odinga leading the constitutional change while Deputy President William Ruto is spearheading the opposing group.
Whatever the case, we must guard against the referendum becoming a bloody conflict. The debates should be civil and restrained. Politicians should not use the campaigns to stoke ethnic tensions. The country must avoid acrimonious contest.
