, Nairobi lawyer Lilian Mwaura highlights the salient gains contained in the proposed Constitution. This article compares the current constitution and the proposed constitution that is to be subjected to a referendum this year. It highlights the various gains contained in the draft.
The constitution making process has taken almost two decades. However, the quest for a new constitution by Kenyans has resulted in several drafts notably the Bomas Draft, the Kilifi Draft, the Proposed Constitution draft 2005 which was subjected to a referendum in 2005, the Harmonized Draft Constitution 2009 and the Proposed Constitution of Kenya 2010. In all these drafts, people’s views have been sought.
In concordance with the aforegoing principles the CoE has prepared the Proposed Constitution of Kenya which will be subjected to a referendum sometimes in June 2010. This draft has elicited controversy on articles on abortion, Kadhis Courts, Land, Executive powers, Devolution and Representation. Some politicians as well as some Clergy have deliberately decided to distort/ misinterpret these Articles and misinform Kenyans. As a result, there is urgency in distribution of the Proposed Constitution as well as intensive civic education so that Kenyans can be sensitized on the Proposed Constitution.