Justice minister Martha Karua has dismissed calls for the formation of a constituent assembly to spearhead the writing of a new constitution terming it as misinformed.

She was responding to calls by the civil society, who had said such an assembly would ensure a more democratic process of constitutional reform.

Ms Karua maintained that the Bill had provisions for more discussions by all interest groups. She said those pushing for it are 'mistaken'.

"It's not about representation but participation," Ms Karua said.

The proposal seeks to establish a "council of reference" to spearhead the process. Within it, a panel of experts will be present to help in advising on the process.

According to a publication by Inter Parties Forum for Constitutional Review, the Council will produce two drafts that will be presented to the constituent assembly for 'validation'.

The forum at Nairobi's Stanley Hotel was organised by the Regional Centre for Stability, Security and Peace in Africa.

The groups present in the meeting included: National Council of Churches of Kenya, the Supreme Council of Kenyan Muslims, Transparency International, National Convention Executive Council, Maendeleo ya Wanawake, Youth Agenda, International Commission of Jurists and the Basic Rights campaign.

Political parties, Orange Democratic Movement, Party of National Unity and Narc Kenya, were represented at the meeting.

Ms Karua, dismissed the constituent assembly terming it as being "no different from Parliament."

"Opening up to one interest group, locks out the others," she said.

The group proposes that the two documents address Parliamentary and Presidential systems of Government.

The two documents will then be presented to Parliament for final amendments and then subjected to a 'yes-yes' referendum.

Mr Cyprian Nyamwamu of the National Convention Executive Council said "whichever way Kenyans vote on the referendum" a new constitution dispensation would be in place.

But the Justice minister could hear none of it. She said the referendum envisaged by the Bill, would not be contested, but would in effect be an endorsement of the new laws by the public.

All contentious issues, Ms Karua said, would be isolated and a specific time-frame set aside to sort them out.

Ms Karua said the National Accord, which produced the Review Bill that has already been tabled in Parliament, would not be 'renegotiated', to give room to piecemeal institutional reforms that were being fronted by a section of the civil society.

"Let's take a pragmatic approach ... as the very basic issues that will be in the institutional reforms are the most contentious."

Whereas the civil society agreed that the process should not 'start afresh', they insisted that a constitution conference was the only cushion against political manipulation.

"You cannot use an undemocratic process to come up with a democratic Constitution," Mr Peter Kariuki a civil society activist said.