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Message from the chairperson : Nzamba Kitonga
The Committee of Experts (CoE) on the Constitutional Review takes this opportunity to re-assure Kenyans that it has put in place strategies, structures and systems necessary to successively execute its core mandate of finalising the constitutional review process and delivering a new constitutional dispensation for Kenya. As chair of the CoE, I have no doubt in my mind that Kenyans will fully support the CoE in this noble exercise. Let me assure Kenyans that the CoE is firmly committed to the timely execution of its mandate in this regard.
In accordance with the provision of the Constitution of Kenya Review Act 2008, the Committee of Experts is expected to finalise its work within twelve months from the date of appointment of the committee. The draft constitution that is finally approved by the National Assembly will be put to a referendum conducted by the Interim Independent Electoral Commission (IIEC).
It is intended by the Review Act that when a consensus is achieved on the contentious issues, Kenyans will be able to support the draft and vote for it in the referendum so that we, the people of Kenya, may at last have a new constitution. Indeed, according to the Act, the outcome of the process of the review of the constitution should be a new constitution accepted by Kenyans through a referendum. The Committee of Experts is the main technical organ in the constitutional review process. It comprises nine experts and two ex officio members who were nominated by the National Assembly and appointed by the President as per the Review Act. In nominating persons for appointment as members of the Committee of Experts, the nominating bodies (the National Assembly and the Panel of African Union Eminent Persons) gave due regard to the experience and academic qualifications of the applicants, the principle of gender equality and Kenya's national character and diversity. The experts have proven knowledge and experience in among other areas, comparative constitutional law; systems and structures of democratic governments; human rights; women and gender issues; land and land law; governance, ethics and accountability; public finance and administration; electoral systems and designs for democratic elections; anthropology; mediation and consensus building. Six members of the Committee are Kenyans and the other three are from South Africa, Zambia and Uganda. The secretariat of the Committee is headed by the director appointed by the Parliamentary Select Committee. He is responsible for the day to day running of the secretariat. The Attorney General and the Director both sit in the Committee as ex officio members without the power to vote
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There are many constitutional milestones in Kenya's history:
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In terms of the Review Act and especially Sections 4, 6, 23 and 29, in their work the Committee of Experts and the other organs must:
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- The Committee of Experts is required among other things to:-
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1963: Federal Constitution
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The CoE must complete its work within twelve months.The CoE will study existing draft constitutions and other material that it considers useful and prepare a report on the issues that are not contentious and are agreed upon and the issues that are contentious and not agreed upon.
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According to the Review Act, 2008 the outcome of the process of the review of the constitution will be a new constitution accepted by Kenyans through a referendum.
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