Constitutional lawyer Yash Pal Ghai has revealed how he has been silently trying to bail the country out of its increasing political and constitutional woes.
Ghai claims that most of the problems, especially in political parties, can be attributed to the Registrar of Political Parties whom he accused of approving unqualified blocs.
He added that the Wafula Chebukati-led Independent Electoral and Boundaries Commission (IEBC), is also to blame for defying some constitutional clauses in its operations.
According to Ghai, politicians are also on the wrong for failing to adhere to the law in their operations, hence the unending rows between parties and their members.
He claimed that he has been trying to advise both the registrar of parties and IEBC on the route to take, claiming that they have instead been ignoring his concerns.
“No politician has ever followed the provisions of the Constitution. If they did, we would have no problem. IEBC has also not followed the Constitution. I have called IEBC about some of these issues but they forget.
I have talked to the Registrar of Political Parties that you cannot register this political party because it does not meet the requirements but they don’t listen," he said on PointBlank, Wednesday evening.
Regarding the proposed constitutional amendment, Ghai who has participated in many constitution composition exercises backed the calls for a parliamentary governance system.
"I would say this is a very good Constitution. It has very strong Bill of Rights. It has received a lot of praises globally. But I think there is a need to change, not so much but from the presidential to a parliamentary system. In the presidential system there is a concentration of power," he added.
However, the Katiba Insitutite founder noted that the changes can be made using a shorter route, far from the longer referendum avenue which requires the inclusion of Kenyans.
"Constitutional Amendments can be done by parliament and another by the public through a referendum which both need a 2 thirds majority," he said, noting that he was not included in the creation of the current 2010 election.
Ghai's comments on political problems in the country come at s time when both the Orange Democratic Movement (ODM) and Amani National Congress (ANC) are in the process of expelling some members over rebellion.