LSK Cedes Ground On Referendum

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LSK Cedes Ground On Referendum

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The Nation (Nairobi)

September 5, 2008

News Article By John Ngirachu

The Law Society of Kenya has softened its stand on calls for a referendum before the enactment of a new Constitution.

It has, however, said that lawyers will only back such a move if seven out of the nine experts are Kenyans.

LSK chairman Okong'o Omogeni said the lawyers want the team, which will resolve contentious issues to be Kenyan- driven.

He said the move is aimed at avoiding the kind of divisions created by the last referendum in 2005.

The lawyers had earlier this week opposed the idea of a referendum.

Speaking at a media briefing after the second meeting between the lawyers and the Justice ministry at Hilton Hotel, Justice and Constitutional Affairs minister Martha Karua and Mr Omogeni said progress has been made during their meetings and committed themselves to maintain the efforts to deliver a new constitution.

Said Ms Karua: "The meeting was to harmonise the lawyers' and the ministry's views and the idea is to make the process as participatory as possible. We have agreed to have a referendum as long as it is constitutive."

On the need for minimum reforms, Ms Karua said the two groups will continue to negotiate but hinted that the idea was still viable when she said that they have 'not closed doors on what needs to be done.'

She said both groups had committed themselves to seeing that the process is built on a broad consensus, adding that the meetings are supposed to remove any bottlenecks that are likely to delay it.

The meeting was also attended by Prof Kivutha Kibwana, who is the advisor to the President on constitutional matters and the Justice Permanent Secretary Amina Mohammed.

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