Wendz, besides the fact that it is hard and quite expensive to amend the contentious parts of the draft, it also depends on how serious we take the issue to be. Even that 90% good.. blah blah blah.. depends on importance we attach to the issues.

Imagine if the constitution was all good except for a clause saying the president's term shall not be limited- that one can be President so long as he is elected. I can almost bet this would be very contentious because of the importance we attach to our politics, and we will be out saying it is only 10% good. Rallying people to oppose it will be easy. It would be a matter of life and death!

Many people have decided that the issues of kadhi's courts (state's equal treatment of religions)and abortion are not as serious as would say the issue of unlimited term of the president. They can live with it and change it later. It is within their right. Equally others cannot vote yes without thinking they are entrenching abortion-on-demand and inequality of religion in the most important law of the land.

We have choices, don't we!

@Sigiriri, I listened to him too - quite revealing. But saying the Kadhi's and Abortion clauses are minor was not proper.
i however applaud his question of why are people taking politicians' word for it? when 80% of Kenyans have not read the constitution 64% will vote YES for it. All major Christian leaders (ACK + CATHOLICS + NCCK + Evangelicals e.t.c.) cannot be wrong after going for retreats to ensure that they tackle the issues at hand.
It is indeed suspect for a government or the state to push for this document.
Thea is no need to get a new constitution if there are glaring errors in it - when you vote YES, you are not saying i wish to support Raila or Kibs on this, you are saying I am binding my children and my lineage to be governed by this document ad infinitum. lets not dwell on the good things (they are ours) lets look at the potential problems we may be subjecting our descendants to.

@masukuma

Tell me, we took this document to the parliament, when the PSC had generally agreed on most of the items except two or three items. What did we see in parliament? 150 more amendments to suit personal and political interests came up..... giving these politicians a chance to have this document back to mutilate it will be a gross mistake..... and the fact that ODM and PNU or PDM whatever it is still see each other as rivals, then the person to benefit will be the common man and that is what this constitution is doing.... if you think we can amend it now, what makes you think we cant amend it later? its not like its un-amendable?

Guys the issues that are contentious are things we can work on.... we cant throw away a whole 90% good constitution for 10%.

Those saying that we are following the politicians blindly simply because we are voting yes are mistaken. we have read the constitution and it is good... and even the nay sayers know it is good and only two issues are contentious that shouldnt really be holding us back! and the yes sayers acknowledge that there are those two contentious issues but giving the chance to have them rectified will be a nightmare coz these politicians will take advantage and change things to suit their personal interests.... thats the main reason i cant vote NO to this constitution.....

Any amendments to provisions in the bill of rights (article 255 (1,2) article 257) need a referendum to ratify them over and above the 1 million votes to get the process moving via county assemblies to parliament.

@ masukuma

and you dont think this can be done?

It is far easier and cheaper to fix the sticking issues now rather than post referundum.

And while at it, who said the only option on the table is getting parliament to amend the contents of the draft.

I may also ask what's so difficult in presenting the contentious issues as seperate questions to the people of Kenya to decide?

And for heavens sake, the COE, the mother act, and even the amendment to section 47 of the constitution to smooth the process of bringing forth this draft was all done by the current Parliament.

I therefore dont get it when we are now adopting an hollier than thou attitude and demonising the MPs who brought us this far.

"Msitukane wakunga, na hali uzazi ungaliko".