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Committee of Eminent Persons

2021-09-10T05:48:41Z

2021-09-10T05:48:41Z

2006-05-30

Sir, you appointed us as members of the Committee of Eminent Persons on 24th February 2006 to undertake an evaluation of the constitution review process and reconfirmed a roadmap for the successful conclusion of the process. We have carried out and completed the task in accordance with the terms of reference and now have the honour to submit this report, which contains our unanimous conclusions and recommendations. We take this opportunity to thank Your Excellency for the honour and trust which you have bestowed on us.

1. On 24'h February 2006, His Excellency the President appointed a Committee of Eminent Persons to undertake an evaluation of the Constitution of Kenya review process and to make recommendations on how to conclude the process. The appointment of the Committee followed the verdict of Kenyans not to ratify the Proposed New Constitution (PNC) of Kenyan-the referendum held on 21't November 2005. The journey to the PNC of Kenya was long, expensive and complex. The referendum also deepened the political and ethnic divisions in the country. 2. The Committee has compiled this report after listening to the views of Kenyans from all walks of life. This report is also informed by the findings of several studies and a national survey that the Committee commissioned in order to ensure that the views of Kenyans all over the country were captured. We heard views from individual Kenyans, corporate leaders, political leaders and various groups of Kenyans. The sample for the national survey was representative of the diversity of Kenyan society. The findings, therefore, are a reflection of what Kenyans think about what went wrong as well as the successes gained in the long and arduous review process. 3. From what we heard and the findings of the national survey, the Committee concludes that the President holds the key to unlocking the review process and only dialogue, between the different political factions that manifested during the referendum, will bring about a new Constitution. It' is our recommendation that His Excellency the President reaches out to the opposition and those who opposed the proposed new Constitution of Kenya to discuss mechanisms and modalities for restarting the review process. This will constitute the beginning of the process to heal the nation and to settle the ethnic differences that are continuing to deepen every day because of mistrust and suspicion among the politicians. 4. The Committee worked under a difficult political environment. Many people expressed misgivings about the Committee and doubted our objectivity because of what they considered as lack of adequate consultations prior to our appointment. TNs perception of the Committee is, in our view, one of the reflections of a divided society. In all, ethnic hatred, suspicion and mistrust among leaders and Kenyans are problems that require urgent action. From what we have heard, Kenyans are desirous of a peaceful and better society. They want these divisions to be a thing of the past. Kenyans want to talk and walk together to a prosperous future. 5. We wish to acknowledge and thank many individuals, professional groups and institutions who offered their views to the Committee. We are grateful to Hon. Martha Karua EGH., M.P., and Minister for Justice and Constitutional Affairs, for finding time to consult with us. We greatly benefited from her wise counsel and were impressed by her concern for a peaceful and unite Kenya under a new Constitution. The smooth flow of our work would not have been possible without the moral and material support we received from the Permanent Secretary, Ministry of Justice and Constitutional Affairs, Ms. Dorothy Angote, Mr. Gichira Kibara, Director of Legal Affairs and other staff of the Ministry. 6. The Committee also wishes to express its gratitude to the Joint Secretaries, Mr. Jeremiah Nyegenye and Mrs. Lillian Mahiri-Zaja, for their research technical and logistical support without which the Committee would not have completed its task. The Committee is grateful to Ms. Eunice Gichangi (Progamme Officer); and Ms. Noor Awadh (Data Analyst) for their research and technical support throughout the tenure of the Committee. We are also indebted to Mr. Noel Okoth (Media Relations Officer), Mr. Lawrence Kasungi (Documentalist) and Mr. John Koross for providing logistical support with enthusiasm throughout the period. Without the support of all these people, it would have been difficult to conclude this task. 7. The Committee also wishes to acknowledge Mr. Peter K. Thuku for providing administrative support. We are grateful to the following for their support in the secretariat: Mr. James Wamugo, Mrs. Patricia M. Mwangi, Ms. Hellen Kimari-Kanyora, Ms. Sophie Naimutie Ntore, Ms. Saida Abdalla, Ms. Susan Njeri Kimiti, Ms. Eunice Ajwang, Ms. Catherine N. Nambisia, Ms. Mary W. Wanjau, Ms. Mary K. Mbogori, Mr. Joash Aminga, Mr. Stephen M. Kimani, Mr. Suleiman Orang'o, Mr. Josephat Nzioka, Mr. John Thuranira, S/Sgt. David Leatoro, CPL. Joseph Mwaniki, APC. Shadrack Kaivi, APC. Isaac A. Kirui, APC. Titus P. Kemboi, Mr. Nusu Mwamanzi, Mr. Jim Masolo, Ms. Christine Kung'u and Ms. Susan Kiiru. 8. Last but not least, the Committee would like to specially acknowledge two members of the Committee, Prof. Njuguna Ng'ethe and Dr. Karuti Kanyinga, whose assistance and devotion during the most critical phase of the report-writing exercise went beyond the call of duty. 9. The Committee of Eminent Persons is pleased to submit this report to His Excellency the President with great respect and humility. It is our hope that the recommendations herein will be found useful in unlocking the constitution review process and also in beginning the process of healing this divided nation.

Amb. Bethuel A. Kiplagat

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Report of the Committee of Eminent Persons on the Constitution Review Process

Technical Report