Mr. David Aaron
Correspondent
Canadian Section
International Commission of Jurists
902-50 O'Connor Street
Ottawa, Ontario
KIP 6L2

Dear Mr. Aaron

Thank you for your letter of November 18, 2002, concerning the disruption of the constttutional review process in Kenya. I regret the delay in replying to you.

The Government of Canada recognizes the important contribution made to the review process by your president, Mr. Ed Ratusbny, in his capacity as member of the Advisory Panel of Eminent Commonwealth Judicial Experts. Mr. Ratusimy's involvement on the Panel aided the ConstitUtion of Kenya Review Commission team in the development of its comprehensive initial repon. Like the International Commission of Jurists, the Government of Canada was deeply concerned when the constitUtional review process was disrupted late last year.

As you are well aware, however, significant changes have taken place in Kenya since the writing of your letter. The December 27 elections, won by Mwai Kibaki's National Rainbow Coalition (NARC) and endorsed as free and fair by all major observer groups, marked the firSt ever democratic transfer of executive power in Kenya's history. In pre-election campaigning, Kibaki and other NARC candidates identified the revival of the constitutional review process as a priority for a future NARC government. Statements made to date would seem to indicate that the new government has every intention of following through on its pre-election commitments regarding the constitutional review process.

The AssiStant Minister for Justice and Constitutional Affairs, Mr. Robinson Gitbae, promised that the Government of Kenya would put the review process back on track when Parliament opened on February 18,2003, stating that a parliamentary seleCt committee would be formed as soon as Parliament opened to direct the process. Mr. Githae also stated that the National Constitutional Conference (NCC) would be convened as soon as four crucial anti-graft Bills are pagsed by Parliament. provi~ an anticip~ted date of May 2003.

With regard to the legal action brought against the Constitution of Kenya Review Commission by two Kenyan judges, recent reports indicate that the lawsuit may be withdrawn in view of the recent political developments in Kenya.

Please be assured that the Government of Canada will continue to follow events regarding the constitutional review process in Kenya very closely and will use its influence in support of initiatives aimed at keeping the process on track.

Thank you agian for brining your concerns to my attention.

Sincerely,
Bill Graham