20100120
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Nairobi — A MP is preparing to table a Bill in Parliament that would ensure Kenyans have more than one draft constitution at the referendum.

Imenti Central MP Gitobu Imanyara said Wednesday that the private members Bill is already with the National Assembly Clerk but will not be published until next week after the Parliamentary Select Committee comes out of the Naivasha retreat.
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The Bill seeks to amend the Constitution of Kenya Review Act 2008 that would see Kenyans given two draft constitutions to choose from in the referendum.

"Should the select committee fail to rescind the decision and recommend for an amendment to the Act to guarantee a yes-yes referendum, I shall table a private members Bill as soon as Parliament resumes in February," said Mr Imanyara.

The Bill, he disclosed, has received the backing of eleven legislators from smaller parties other than PNU and ODM.

"As I speak today (Wednesday), the Bill is in the office of the Clerk awaiting publication as soon as PSC concludes the retreat," he added.

PSC had on Tuesday rejected suggestions to have two draft constitutions at the referendum - one on pure parliamentary system of government and another proposing presidential system.

But Mr Imanyara accused the PSC of overstepping its mandate by rejecting the views of Kenyans on the suitable system.

According to the legislator, Parliament, the coalition principals and the Committee of Experts had failed to provide a way forward on the structure of government. In these circumstances, it is only fair that Kenyans are left to decide at the referendum, he stated.

"Rather than rejecting a yes-yes option, PSC should recommended an amendment to the Act so that Kenyans themselves make the decision. That way we are guaranteed a new constitution."

He rejected the notion of a hybrid system dismissing it as a recipe for chaos.

The Bill requires a simple majority to sail through and Mr Imanyara is confident he will be able to garner the support of the House.

"This Bill requires a simple majority and I am more hopeful it will see the light of day. We should not allow ourselves to be held at ransom by the coalition parties," said Mr Imanyara.

In rejecting the yes-yes vote, PSC resolved to arrive at a single system of government that would be acceptable to Kenyans.

ODM is rooting for a parliamentary system while its coalition partner PNU wants a pure presidential structure with one centre of power.

Meanwhile, a group of MPs from the arid and semi-arid lands yesterday accused Deputy Prime minister Uhuru Kenyatta and Central Kenya MPs who are members of PSC of derailing the process of attaining a new constitution by insisting on one man one vote.

Addressing a press conference at Parliament Buildings, the MPs warned the PSC to respect the Interim Independent Boundaries Review Commission insofar as altering the constituency margins is concerned.

"The mandate of the Interim Independent Boundaries Review Commission is to delineate constituencies and other electoral units on basis of equality of votes and taking into account the population density, population trends, means of communication, geographical features and community interest," said Mr Duale who read the statement on behalf of the MPs.

The MPs said they will oppose the constitution if the electoral units are based on population alone.

He gave the example of Dujis and Gatundu south constituencies which have 104,075 and 113,635 people respectively. However, in terms of land area, Dujis is 5,688 sq kilometres while Gatundu South is 192 sq kilometres.

"I want to ask the Kenyan people that between these two constituencies which one deserves a split."

The MPs included: Adan Duale (Dujis), Adan Keynan (Wajir West Constituency), Danson Mwazo (Voi), Rachel Shebesh (nominated), Katoo ole Metito (Kajiado South) and Jakoyo Midiwo (Gem).