Minister urges Kenya MPs not to amend draft

BY LABAN WANAMBISI
Updated : 171days and 15 hours and 16 minutes ago

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NAIROBI, Kenya, Mar 15 - Debate on the Proposed Constitution intensified on Monday with a Cabinet Minister urging Parliamentarians to adopt the draft without making any amendments.

Public Service Minister Dalmas Otieno said he does not expect the two coalition partners to take hard-line positions when debate begins in the House on Tuesday.

“Any portion of it or any clause in it that may need to be reconsidered should only be done after subjecting the document to adequate periods of practice before we can be very sure any amendments are necessary,” Mr Otieno said while fielding questions from journalists.

The Party of National Unity (PNU) and its counterpart Orange Democratic Movement (ODM) have differed over the document with the former proposing changes to the document which they claim negate the political consensus arrived at by the Parliamentary Select Committee (PSC) on Constitution Review when it met in Naivasha in January. ODM on the other hand claims to be comfortable with the draft submitted by the Committee of Experts (CoE).

Mr Otieno, who is ODM parliamentarian, reiterated his party’s position that debate should be conducted in the parliamentary Chamber.

“The question of continuing the debate outside when we have been debating outside for 20 years is unnecessary,” he said.

A section of ODM legislators scuttled the proposed Naivasha retreat on the Constitution which was due to be held last week, reportedly because they did not want PNU to lobby for amendments.

The MPs voted against an adjournment Motion that would have freed MPs to attend the retreat that was set to build consensus before the draft is debated in Parliament.

Mr Otieno, who was a member of the 1997 Inter- Party Parliamentary Group (IPPG) which oversaw key reforms in the Constitution, advised MPs who are opposed to the draft to make their proposals on the floor of the House.

The Public Service Minister said he was concerned that debate being played out in the media had failed to point out specific proposals they would like to see effected.

“There are no fundamental differences over the document before Parliament and if anybody thinks he needs to change something in that document let him make a proposal that this clause should be amended and read in this manner," he said.

"If Parliament finds that you have come out with a better provision of a clause they will give two-thirds majority for that clause to be changed and we go ahead."

Comments (6) posted

matutoh anthony (April 01st, 2010, 9:16 PM)

i luv the capital news they are well informing and in detailed send to my email more flash new.sport

MAURICE (March 16th, 2010, 11:01 AM)

@mayienga and obiero. i tend to agree with you on certain parts of your versions however, i would like to reiterate that one thing we need to understand as kenyans is that no wolf would clean up over night to become a sheep all over sudden. these politicians have taken us hostage for their political advantage and mileage. those who a few years condemned the current ruling "laws" are turning up in different colours to support their retention in the constitution. am very categorical on the issue of supremacy of the presidency. to be honest we have held in ransom for many years over the flouted constitution that gives autonomy to the president to dispose at his discretion. this is for sure a wicked form of governance that we would not like to have again in this country. let us take these wolves by their horns and ears to stop fronting their hypocrisy so as to continue keeping them in those positions to exploit us more. the presidency has to be checked by all means. public coffers have to be checked thoroughly.non-delivering MPs should be recalled by their constituents. let us not be fooled by these gluttons that if we pass the constitution as it is that the proceses are going to be expensive. why aren't they saying that retreats and commissions set up from time to time are expensive for the tax payer. let us stop these guys who are pretending to be our good ambassadors when they are not.kenyans we need to wake up and rise above ethnicities because after all we are the sufferers and not these politicians. we need a document that addresses the plight of the ordinary kenyan and not the benefits of PNU or ODM. my prayer has been that God overthrows these hypocritical politicians who are drinking our blood and eating our flesh while tapping our backs as He did with pharaoh of Egypt.

Alex Kiplangat (March 15th, 2010, 9:53 PM)

It is hypocritical to trash a document with facts.Let the MPs pass this document to us Kenyans as it is.If not then PNU to develop their own then two documents be brought before Kenyans to decide.I totally support Hon Otieno.

karisdom (March 15th, 2010, 7:12 PM)

After they failed to achieve parliamentary system of governance, now they are at it again.They dont want mps , who are mandated by law to make laws, negotiate the way psc did not long time ago.Let them know that were it not discussions btw the 26 members, PSC could not have succeeded.Even now the mps can go to naivasha or any other place to talk and agree before in parliament.By calling constitutional lawyers to explain to them what they will be passing in parliament is ok.Opposing to show you have won as it happened in Paliament the other day when a section of mps opposed going to Naivasha does not help anyone.Passing the new law the way it is now is ignoring the sentiments expressed by a section of kenyans , namely The church and others.Lets those members be listened to coz they are also kenyans.

Odongo Mayienga (March 15th, 2010, 5:23 PM)

Thank you Hon. Dalmas Otieno. We need leaders who think through issues before talking to the public. If members of parliament have the intention of upholding the national good, then, parliament is the right place to discuss this matter. As a matter of fact, we elect these MPs to debate these weighty national issues in parliament. I still can't recall when the country reverted to Naivasha or Mombasa as our new parliament. The matters in the constitution are very critical that requires systematic debate in parliament. For that, ODM should equally tell their leaders who are going round telling Kenyans to support the constitution to STOP IT! We are able to read the constitution and interpret it better. We don't need any politician to guide us like sheep to support a document whose parts have not been clearly untangled.