The Making of the Constitution of Kenya: A Century of Struggle and the Future of Constitutionalism by Charles O Oyaya & Nana K Poku

Author:Charles O Oyaya & Nana K Poku [Oyaya, Charles O & Poku, Nana K]
Language: eng
Format: epub
Tags: Ethnic Studies, African Studies, Social Science, Political Science, General
ISBN: 9781317161738
Google: fX1aDwAAQBAJ
Goodreads: 40142418
Publisher: Routledge
Published: 2018-05-11T00:00:00+00:00

The second session of the National Constitutional Conference

The second session of the National Constitutional Conference (Bomas II) promptly started on Tuesday, 18th August 2003. It began in an atmosphere of increased tension within the ruling coalition. It is noteworthy that earlier in August 2003 just before the start of the second session, President Kibaki’s National Alliance of Kenya (NAK) had engineered the removal of his coalition partner and Leader of Liberal Democratic Party (LDP), Hon. Raila Odinga, as the chairman of the Parliamentary Select Committee on the Constitution Review. Biketi Kikechi explains the circumstances thus:

Cracks within the Narc Coalition Government deepened towards the end of 2003, creating more pitfalls for the constitution review. The tensions between the National Alliance of Kenya and Liberal Democratic Party (LDP) over the constitutional reform process culminated into the removal of Liberal Democratic Party Leader, Raila Odinga, from the Chairmanship of the Parliamentary Select Committee on the Constitution. Raila had served the PSC since 1999, and was instrumental in the constitution of the Constitution of Kenya Review Commission chaired by Prof Yash Pal Ghai. Justice Minister Kiraitu Murungi mobilised MPs to vote against him, and replaced him with another pro-reform MP and Safina party leader Hon. Paul Muite.28

The National Constitutional Conference was therefore to become the main arena of political contest with each faction of the ruling coalition seeking to control both the process and its outcome.

The main task of the second session of the conference was to discuss and consider the Commission Report and Draft Bill through 13 Technical Working Committees (TWCs) after the general debate during the first session of the conference. The TWCs were TWC ‘A’ – Preamble, Supremacy of the Constitution, the Republic and National Goals, Values and Principles; TWC ‘B’ – Citizenship and the Bill of Rights; TWC ‘C’ – Representation of the People; TWC ‘D’ – The Executive; TWC ‘E’ – The Judiciary; TWC ‘F’ – The Legislature; TWC ‘G’ – Devolution; TWC ‘H’ – Public Finance, Public Service, Leadership and Integrity; TWC ‘I’ – Defence and National Security; TWC ‘J’ – Land Rights and the Environment; TWC ‘K’ – Constitutional Commissions and Amendments to the Constitution; TWC ‘L’ – Transitional and Consequential Arrangements; and TWC ‘M’ – Culture. The Technical Working Committees had four key functions:

(a) to examine all issues raised during the general debate and any other issues touching on matters provided for in the Report and Draft Bill;

(b) to propose amendments or changes to the contents of the Report and/or Draft Bill in relation to matters under their specific thematic mandate;

(c) to report on their proposed amendments to the Steering Committee or the Conference; and

(d) to consider and report on any other matter referred to it by the Steering Committee or the Conference.

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