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Letters 
Sunday, October 19, 2003 

Let a group of six experts finalise Constitution review 

There is every evidence indicating that the ongoing constitution making process will not achieve much. This is because the approach is wrong, and the forum faulty. 

The Bomas of Kenya constitutional talks are, unfortunately, dominated by a mixture of uninformed and incompetent individuals whose hallmark is a serious misconception of what a constitution should be.

In a nutshell, it has been a conspicuous failure all the way, and has now become a bottomless abyss into which national funds are disappearing. All this makes its disbandment urgent, wise, and mandatory. 

A crowd cannot make a constitution. Crowds are neither consistent nor are they disciplined or logical, and of all tasks, constitution making is the most exacting and involving. These throngs of people are, therefore, the most unsuitable agents for its handling. Constitutions are prepared by gifted professionals with expert skills and capability. 

The Draft Constitution is, in essence, a government or Parliament Bill. And such Bills are never prepared by crowds, but by legal officers in the office of Attorney-General who are specialists with the necessary qualifications and competence. 

The role of the Parliament is to ratify the same through thorough examination and debate and enact them into law, after being assented to by the President.

This is what should be done in the case of the new constitution, which for all intents and purposes is a law supreme. 

A people-driven constitution means a people-driven Bill or law and such a thing does not exist. Crowds are never sensible or manageable, and as such can achieve nothing substantial. Therefore, this strange idea is an unworkable folly, and must be rejected. 

The Government should dissolve the Bomas conference and proceed with speed to appoint a professional task force of not more than six persons who are intellectually equipped and executively empowered. They should be people with access to expert consultancy and references, and should be commissioned to produce a Draft Constitution in not more than six months. 

This should then be presented Parliament by the AG for ratification into law, with or without a referendum. It is the only meaningful way to achieve successful results. 

M. Matheka, 
Makueni. 


The chairman of the Constitution of Kenya Review Commission, Prof Yash Pal Ghai, should appraise us on where we are in the constitution making process, so far. Let him tell us what Bomas II attained amidst the cacophony the delegates subjected the country to. Has anything of some good use been filtered? 

Just before the session began, Prof Ghai wrote an article in the newspapers to let citizens know what the conference was going to look at. Many of the know-alls were not happy with Prof Ghai for they thought that he was setting the agenda for them. 

It is only from people like Prof Ghai that we can know whether there should be cause for much expectations at the end of the day. Let him explain to us what came of Bomas II and what we should expect to see during during Bomas III. 

Those who will not be happy with what Prof Ghai will say can also argue their case, albeit in civil and understandable language. 

Githuku Mungai, 
Nairobi. 

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