Ars Politico Africanae: Draft Kenyan Constitution

December 2008 rolls around. Nothing happens. Another extension. More weapons. Cop killings are on the rise as inter-departmental conflicts and turf-wars spread. The Kenyan Anti-Corruption Commission accuses several MPs of taking bribes.

A whole 7 more months pass and finally we hear word in July 2009: Kenya will not set up a special tribunal for the process as requested. It will use local courts. But still nothing happens.

After a dilly-dally of over a year and a half, the ICC team led by Ocampo says it will finally press charges. November 5th, 2009 Ocampo announces that the team will move forward. He comments that he hopes to move speedily so that Kenya can hold its next elections on schedule in 2012. Of course, in response, Mr. Odinga has said that Kenya need not cede over any of its citizens to face trial because Kenya is not a failed state (just the 14th most failing…).

All this time, there has also been a parallel track running for Kenya to change its constitution. Kenya has been attempting to change its constitution haltingly since the late 1980’s, but the most recent effort started in 2005 has resulted in a product: last week, a draft was released. What happens is now the public has about a month to read the draft and inform the Constitution Committee of desired changes and issues. All of this is taken into consideration, and there will be a vote. I am unclear on who will be voting, but some form of vote will take place.

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