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APPOINTMENT OF COMMITTEE OF EMINENT PERSONS |
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WHEREAS the Constitution of Kenya Review Act (Chapter 3A of THE laws of Kenya) which facilitated a comprehensive review of the Constitution by the people of Kenya, provided that the review process be conducted through the Constitution of Kenya Review Commission. the Constituency Constitutional Forum, the National Constitutional Conference, the National Assembly and the Referendum; |
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AND WHEREAS all the above organs have duly executed their mandate under the Act culminating in the referendum on the proposed Constitution of Kenya held on the 21st November, 2005, In which the people of Kenya did not ratify the proposed new Constitution; |
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AND WHEREAS the Constitution of kenya Review Act has now lapsed;
RECOGNIZING that the people of Kenya are still desirous of a NOW Constitution and that ft Government is constituted to facilitating the review process sad. |
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TAKING INTO account that-- |
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(i) during the referendum debates, some issues which appeared not to have been adequately debated and resolved arose;
(ii) substantial progress towards the development of a now constitution has been made and that all the records of the Organs involved in the process are available; |
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(iii)there is need to heal the nation from the divisions emerging during the referendum campaigns in order. to''create an enabling environment for a participatory process, |
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NOW THEREFORE, it is notified for general information that His Excellency Mwal Klbaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, has appointed a Committee of Eminent persons to undertake an evaluation of the constitutional review process and provide a road map for the conclusion of the process
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1, The committee shall comprise- |
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Bethuel Kiplagat (Amb) - (Chairperson) |
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Onasmo Ole Moi Yoi (Prof) Munguti (Dr,). |
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Karuti Kanyinga (Dr.). Jums Mwachibi. Mwambi Mwasaru. Jacinta Muteshi (Dr,), Richard Bars (Dr.). Peter Wambura (Eng.) Nemwel Nyamwaka Bosire (Dr.). Ngethe Nfuguna (Prof.). Patricia Kamarl Mbote (Dr.). Justice (Rid,) Abdul Majid Cocker, Wanza Kloko,
Kaasim Parch (Prof,), |
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2.. The members of the Committee have been appointed in their personal capacity and shall serve Independently. |
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3. The members of the Committee shall elect a vice chairperson from amongst their number. |
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4. The Committee may invite any person to be in attendance at any of its meetings, |
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S. The terms of reference of the Committee shall be to- |
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(a) facilitate the airing of views by the people of Kenya on the constitutional review process so far in terms of what Kenyans consider the weaknesses, strengths. successes or failures of the process. and make proposals on the way forward; |
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(h) identify any legal, political, social, economic, religious, governance or other Issues or obstacles, whether past c. - . - present:, which stood in the way and/or may stand in the way of achieving a successful conclusion of the constitutional review process: |
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(c) receive written memoranda and/or oral presentations by organized groups and individuals on all foregoing matters and matters incidental thereto; |
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(d) undertake consuls and receive advice from local, regional and international constitutional experts on, all the foregoing issues and it, particular, on how to establish an effective legal framework for the completion of the review process; |
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(e) prepare and submit a report of its findings to H.S. the President On the Committee''s findings, on or before the 30th May, 2006. recommending: |
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(i) a process for national healing to facilitate reconciliation and fruitful dialogue;
(ii) a process that will facilitate the resolution of contentiousissues;
(iii)Legislation that will underpin the review process and lead to a new constitution in Kenya.
6.In the process of its functions,the committee -
(a)shall hold such meetings,in Nairobi and at such times as the committee shall consider necessary for the proper discharge of its functions;
(b)may, at its discretion, hold any meetings for the execution of its mandate under paragraph 5 (a) in private in order to instill confidence in the people appearing before the committee and allay their fears of adversity or reprisals;
(c)may use the official records of any of the organs of the review process under the constitution of Kenya Review Act and other materials or records relevant to its mandate;
(d)may carry out or cause to be carried out such studies or research as may inform Committee on its mandate;
(e)subject to foregoing,the committee shall have all the powers necessary or expedient for the proper execution of its mandate.
7. The secretariat of the committee shall be based on the 20th floor of the Co-operative Bank house,Haile Selassie Avenue, Nairobi.
Dated the 24th February,2006
MWAI KIBAKI,
President.
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