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Kenya MPs hope for 19 changes on draft law
Kenyan lawmakers have outlined at least 19 sections they want changed in the country's proposed constitution currently undergoing debate in Parliament. Above, Kenyan MPs at a past sitting.
By ALPHONCE SHIUNDU
Posted Thursday, March 25 2010 at 16:24
Kenyan lawmakers have outlined at least 19 sections they want changed in the country's proposed constitution currently undergoing debate in Parliament.
Speaker Kenneth Marende says more amendments are still with Parliament's legal team.
Next Wednesday, Parliament will debate all amendments listed on the Order Paper as MPs make their proposals on the draft Constitution.
This is the first day of making proposals on the floor of the House, coming just two days after the MPs disagreed on their proposals at a consensus-building meeting at Nairobi's Kenya Institute of Administration.
The House will then have until Thursday next week to discuss the amendments. If the proponents of the amendments fail to marshal the support of 145 MPs –65 per cent of the lawmakers-then the draft will be endorsed the way it is and presented to the Attorney General.
If any of the amendments succeeds, then the proposals will go to the Committee of Experts, for redrafting, and then brought back to the House for endorsement by just a simple majority of the MPs.
Not obliged
The CoE, as the principal driver of the review process is not obliged to take on board the proposals by the MPs, especially if these proposals go against the wishes of the majority of Kenyans,
The first amendment on the floor is that by Mr Mutava Musyimi, (Gachoka, PNU) who seeks to introduce two new clauses under State and Religion. The two clauses are: "State and religion shall be separate" and "The State shall treat all religions equally."
The draft Constitution before the House has only one clause, which reads: "There shall be no State Religion."
With this amendment, Mr Musyimi, a former secretary general of the National Council of Churches of Kenya, lays the foundation for quashing the Kadhi Courts out of the Constitution.
Mr Musyimi follows up this proposal with another one in the Bill of Rights. His amendment seeks to delete a proposal that gave Muslims a chance to enjoy their freedoms under Kadhi's courts.
Then, he goes to clause 169 (which recognises the courts as ‘subordinate courts') and proposes that the Kadhi's Court be deleted.
The former NCCK spokesman completes his amendments with a final one that deletes clause 170 (on the role of Kadhi's Courts) and proposes the establishment of religious courts.
http://www.nation.co.ke/News/politics/Kenya%20MPs%20hope%20for%2019%20changes%20on%20draft%20law/-/1064/886508/-/a9f7nf/-/index.html