From Yash Pal Ghai

Faulty approach of Select Committee to constitution

Among the many failings of the Select Committee on the constitution review is the miserable report that accompanies its draft constitution. One of the strengths of the Kenya process  has been the requirement that the primary organs of review publish a report on the way they conducted their work, the consultations with, and the views of, the people and the justifications of the recommendations.

The CKRC and Bomas published several reports on their work which have assisted the people to understand constitutional issues at stake and reasons for recommendations. Read More

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In accordance with section 23(b) and 30(1)(b) of the Constitution of Kenya Review Act 2008, the Committee of Experts on Constitutional Review is mandated to identify the issues which are contentious or not agreed upon in the Constitutional  Review  Process. In doing so the Committee has:

a) Studied all existing draft constitutions (Constitution of Kenya Review Commission draft (2002), Draft Constitution of Kenya (2004) (Bomas draft), and Proposed New Constitution of Kenya (2005)) as required by section 29(b) and (c) of the Review Act;

b) Consulted on the summary of the views of Kenyans collected and collated by the Constitution of Kenya Review Commission (CKRC) as required by section 29(a) of the Review Act; Examined documents reflecting political agreement on critical constitutional questions, such as the Naivasha Accord, as required by section 29(d) of the Review Act; ...Readmore

There are many con­stitutional milestones in Kenya's history:

• 1963: Federal Constitu­tion
• 1964: Republican Con­stitution
• 1969: de facto One-Party state
• 1982: de jure One Party State
• 1991: Multi-party democ­racy re-introduced
• 1997: IPPG Amend­ments
• 2003: Constitution of Kenya Review Commis­sion
• 2005: Referendum ...Read more