The Kenyan Section of the International Commission of Jurists is concerned at the political decisions and undertones made by both the Executive and politicians with regard to the move to amend the Constitution of Kenya 2010 and the shortlisting of the Independent Electoral Commission of Kenya Commissioners.

Amendment to the Constitution

The Kenyan Section of the International Commission of Jurists requests the Cabinet acting on behalf of the Executive to weigh carefully any decision to amend the Constitution of Kenya 2010 at this stage of the country’s history.

Any amendment to the Constitution of Kenya should be done with the public interest in mind and NOT political considerations. The Executive and Parliament are bound by the national values enshrined in our Constitution and are expected to uphold and defend those values. It is in the public interest that they should engage with the Kenyan people to explain and provide information as to their reasons for amending the Constitution that Kenyans passed not so long ago.

We caution any amendment that is devoid of public interest and lacks public participation.

It must be remembered that amendments to the post independence constitution soon after its promulgation resulted in many constitutional problems that Kenya faced before its repeal in 2010.

Supreme Court Advisory Opinion

Currently an advisory opinion has been filed by the Independent Electoral Commission(IIEC)under the Courts constitutional mandate to provide advisory opinions, on when the next elections will be held.

The Supreme Court is yet to determine this matter, we therefore see as premature Cabinet’s move to amend the Constitution before the advice has been given.

We urge Cabinet to await patiently as the Supreme Court makes its advisory opinion. This will respect the principle of separation of powers as anchored in the Constitution of Kenya, 2010.

We request that the Chief Justice of Kenya expedite this matter as it is of public urgency that the matter is settled to allow the IEBC team to plan for the elections in 2012.

IEBC Selection Panel Shortlist

The Selection Panel has shortlisted candindates for interviews for the position of Commissioners and Chair of the IEBC. Questions have been raised as to the criteria used to shortlist the candindates of which only three out of eight from the current IIEC were shortlisted.

We urge members of the public and especially politicans to act with caution as they express their opinions on the on-going process of selection and interview of the Commissioners of the IEBC. Politicians must particularly refrain from making statements that seek to influence or intimidate the Selection Panel from carrying out its duties independently as per the constitutionalprinciples.

The Kenyan Section of the International Commission of Jurists however urges that the selection panel conducts its work in a manner that is beyond reproach. This can only be done if the panel conducts its affairs in an open and transparent manner giving reasons for all decisions, specifically those that are likely to raise controversy.

The incoming Commisioners must be provided with the environment in which they can begin their monumental task of preparing for elections in 2012 without any cloud of suspicion hovering above them. The Selection Panel must get it right.

For further information and clarification, kindly get in touch with George Kegoro on This email address is being protected from spambots. You need JavaScript enabled to view it. or 0720 491549

Yours Sincerely,

George Kegoro

ICJ Kenya Executive Director