Opinion

Let’s not mislead the people on the draft constitution

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By EGARA KABAJI
Posted  Monday, November 30  2009 at  18:28

I HAVE BEEN STUDYING THE harmonised draft constitution for the past one week as I listened to our politicians talk about it. A good number of them have made misleading statements about it, seemingly, with the intention of scuttling it.

When the Committee of Experts (CoE) released the draft, they did not say we should vote for it; they said we should debate it and suggest how to improve it.

But some politicians are already dismissing it instead of channelling their views to the committee.

Some of the noises being made by politicians are quite annoying. Their obsession with Chapter 12 of the draft gives one the impression that they haven’t read the entire document.

A good number seem to have a hidden agenda: to mislead us into rejecting the draft on the basis of their perceived fears about the drastic shift suggested in this chapter which deals with the structure of the executive.

SOME ARGUE THAT EXECUTIVE authority should vest in an individual, either the president or prime minister, but not both, and this individual should be directly elected by the people.

These politicians seem to be suffering from collective amnesia. For many years, Kenyans have suffered due to the misuse of power by an individual with executive powers. They have forgotten that the people of this country are sick of being governed by individuals with total authority over them. Kenyans do not want imperial presidency or prime minister. They have said this loud and clear.

If this draft constitution is enacted in the form in which it is now, we will have said goodbye to the imperial presidency. An individual will not have the power to dish out the wealth of this nation to his cronies again — not ever.

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We will also have minimised the competition for the presidency, which is what led to bloodshed last year.

Since the draft is presenting a shift from the past, some people who were brought up in the old system that guaranteed them opportunities by virtue of their surnames or political affiliation will definitely oppose it.

Others, especially those advanced in age, do not want change from an old order to a new one. They are uncomfortable. That is why they are agitating for a return of the old ways of doing things.

Kenyans particularly the younger lot, should not allow these politicians to confuse them. This is the moment to get a new constitution.

Politicians, who are seizing every opportunity, including funerals, to dismiss the draft on the basis of Chapter 12 are being irresponsible. This draft provides us with the best opportunity to chart new paths for this nation and cast into the dustbin of history the excess baggage that we have shouldered over the years.

The chapter on devolution is well-conceived. Again it presents a real opportunity for Kenyans to reclaim their role in our democracy.

For a long time, they have felt that a centralised governance system, which was inherited from our colonisers, was untenable. This system has been discredited and cannot withstand the challenges of the 21st century. It only breeds political prejudice. Indeed, devolution will serve both administrative and political functions, which are clearly delineated.

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Add a comment (6 comments so far)

  1. Submitted by kowochi

    think about it this way Athaka: a directly elected executive president will take us back to imperial presidency; secondly given the multi-ethnic nature of our politics and ethnic competition, communities with numerical strengths may gang up to propel one of their own; rather a parliamentary system which is fairly representative of communities in kenya. Ask yourself why some leaders advocate for 'one kilometre one vote' in opposition to 'one man one vote' democracy is not perfect esp. in tribalised kenya..numbers is not everything

    Posted  December 01, 2009 03:29 PM  
  2. Submitted by Athaka

    Prof Kabaji: May be you should have pointed out at least one weakness of the draft. In fact the drive not to criticize the draft is the greatest error we can entertain. I disagree with you since the draft creates a rogue PM. and a parliament that manages the nation. or are we fed up or unable to vote genuine leaders? That pari must do it for us. That is taking my rights away.

    Posted  December 01, 2009 11:54 AM  
  3. Submitted by kiprengwes

    I agree with Kabaj. If this constitution passes, politics will not be very competitive as it has been-since the stakes will be reduced especially for the PM and the president-consequently people do not have to die during campaigns-politics will be relegated and hopefully the economy will take centre stage. we need to ensure that the powers of the two are clearly delineated to avoid any confusion of roles. The young people should fully support this constitution and avoid those who want "Total Power" to one institution.

    Posted  December 01, 2009 07:15 AM  
  4. Submitted by Thabari

    Constitution making is a political process. Politicians, like other Kenyans, have a right to comment, however frivolously. Most people are opposed to an unelected executive PM because they don't want to lose their ability to directly elect their chief executive. Without constituencies that are proportionately sized, such a PM wouldn't have a mandate.

    Posted  December 01, 2009 01:30 AM  
  5. Submitted by mwanoo1

    Are these also the views of the ministry and by extension the government?

    Posted  December 01, 2009 12:49 AM  

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