Opinion
Calls to amend the constitution are absurd
Posted Saturday, August 14 2010 at 16:44
Prime Minister Raila Odinga is right when he says that the victorious “Greens” should embrace the vanquished “Reds.” This is magnanimity in victory.
But he is wrong when he promises the “Reds” that “their” amendments will be made. This would snatch defeat from the jaws of victory.
Those calling for amendments – not implementation – of the new constitution need to go back to school and take a class. The course is Democracy 101. What the “Reds” are asking for is an impossibility, a violation of the basic tenets of democracy.
They made their case to Wanjiku, and lost – fair and square. As they say, “there ain’t gonna be a do-over”. The naysayers campaigned on four basic issues – abortion, land, kadhi courts and devolution.
They barnstormed the width and length of the country without let or hindrance. Their coalition was anchored by the Church, without doubt the most powerful private institution in Kenya.
Yet the people – the overwhelming majority of whom are Christians – voted by a two-thirds majority to reject the argument by the “Reds” and endorse the constitution.
The people rejected – convincingly – the amendments that the “Reds” were seeking. The matter is now closed unless the “Reds” want to overturn the will of the electorate. We cannot undo the election – vacate the will of the majority – so that the minority can have their way.
In 2008, Senator Barack Obama was elected President of the United States of America. Could Republicans have said, “Mr Obama should not be sworn in as President until he denounces the right of a woman to have an abortion?” This is what is called the theatre of the absurd.
Once a bell rings, it cannot be “unrung”. This will not be the last charade by those opposed to reform.
They are powerful, and will use every tool in the box to obfuscate issues and try and derail the implementation of the constitution. Expect the abuse of parliamentary procedures to obstruct implementation. Legislators may be approached to defeat enabling bills.
There could be a court challenge to the new law.
You are likely to hear three important words with more frequency – “reconciliation,” “negotiations,” and “stability.” Anti-reformers are already saying that the amendments they seek will “reconcile” the country.
“Reconciliation” is a code word for “impunity” and the “status quo.” “Negotiations” is language for “stalling” for time to “water down” the constitution to “claw back” its reform provisions. “Stability” is a “threat” by the “Reds” that they could unleash violence and “ethnic clashes”.
This is what in the English language is called “blackmail” although I don’t know why everything bad in English has to be “black”.
But I digress. My point is that the “Reds” are master manipulators. They will leave no stone unturned to kill the constitution.
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Submitted by BembeiPosted August 16, 2010 03:38 PM
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Submitted by hedabovewater
Prof you are right! Tell them the bitter truth. Couldnt have put it better myself. They want to win even when they have lost! Now thats truly dictatorship of the minority over the majority. And they should stop threatening violence on us by constantly pointing to the peaceful elections as if they owned peace. Even those war-mongers hate violence when it is directed at them so give us some space and respect the majority; any concessions can only be made when the losers are humble not when they are chest thumping!
Posted August 16, 2010 03:23 PM -
Submitted by MaxJMM
Agree with or otherwise. Love him or hate him, this Prof never fails to pry open the nerve center of Kenyan politics. This, more than anything, will best contribution to nation building.
Posted August 16, 2010 02:35 PM -
Submitted by vgogero
Prof even a good thing can be improved .There are some loose ends , typographical errors and so called ambigous clauses that need to be cleared up .For the good Government and welfare of man.
Posted August 16, 2010 01:30 PM -
Submitted by rofi
Very good article, nail on the head! I fear that violence might be just around the corner in the RV and the government should be extra alert after the promulgation. It should also arrest those who are openly saying that they will not accept the constitution as is because that is treason. The government needs to be very firm hon. Raila, what amendments are you talking about???
Posted August 16, 2010 12:26 PM




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That is childish. Name calling isn't the way to go