National Dialogue Committee (NADCO) report is seeking to facilitate dialogue and consensus building and recommend appropriate constitutional, legal and policy reforms on issues of concern to Kenyans
The process to amend the Constitution in line with the recommendations of the NADCO report will begin in Parliament after both the Senate and the National Assembly formed teams to scrutinize the document before debate on the floor of the House.
Nadco, which is a product of the bipartisan committee talks between the Kenya Kwanza administration and the opposition Azimio la Umoja One Kenya Alliance, is seeking to amend various sections of the Constitution to accommodate recommendations including the creation of the office of leader of opposition, enact the two-thirds gender principle among others.
In a letter to the National Assembly’s Justice and Legal Affairs Committee and that of the Senate, speaker of the National Assembly Moses Wetang’ula on Thursday, March 7, directed the two teams to analyse the document and make the necessary proposals and recommendations ahead of debates in Parliament.
In his Communication before the National Assembly, Speaker Wetang’ula informed the House that he had met with his Senate counterpart Amason Kingi, to deliberate on ways to address the report recommendations that touched on matters that were of concern to both houses
“At meetings held on Tuesday, February 27, 2024 and Thursday, February 29, 2024, the Speakers of the Houses of Parliament and the Leaders of the Majority and Minority Parties in both the National Assembly and the Senate deliberated on modalities for implementing the recommendations contained in the report,” Wetang’ula said.
The NADCO report, which was established by the National Assembly and the Senate through a resolution passed on the of August 16, 2023 and the of August 29, 2023 respectively, was formed to facilitate dialogue and consensus building and recommend appropriate constitutional, legal and policy reforms on issues of concern to the people of Kenya.
The reforms were to be in line with the Constitution and the laws of Kenya while also respecting the functional and institutional integrity of state organs.
The report which was tabled and adopted by the National Assembly on February 22, 2024, and February 21, 2024 by the Senate suggested various recommendations among them proposals to amend the Constitution and various other statutes.
Article 256 of the Constitution requires that any proposed amendments to the Constitution should be considered by both Houses of Parliament.
The NADCO report recommended that the National Assembly introduce several legislative proposals among them, The Independent Electoral and Boundaries Commission (Amendment) Bill, 2024, The Ethics and Anti-Corruption Commission (Amendment) Bill, 2024, The Leader of Opposition Bill, 2024, and The National Government Coordination (Amendment) Bill, 2024.
The Senate on its part will introduce The Elections Offences (Amendment) Bill, 2024, The Elections (Amendment) Bill, 2024, The Statutory Instruments (Amendment) Bill, 2024, and The Political Parties (Amendment) Bill, 2024.
Speaker Wetang’ula directed the two Committees to conduct joint sittings so as to effectively implement the recommendations in line with the need to ensure that due process in the enactment of legislation is adhered to as provided in the law and the Standing Orders of both Houses of Parliament
“I direct the Departmental Committee on Justice and Legal Affairs of the National Assembly to hold joint sittings with the Senate Standing Committee on Justice, Legal Affairs and Human Rights, in accordance with the Standing Orders. The two Committees are required to expeditiously consider the proposals to amend the Constitution and recommend to the Houses, the manner of actualizing the recommendations of the NADCO,” said Wetang’ula.
The two Committees have 45 days to undertake the assignment before submitting a joint report before both Houses.