Opinion

Why my vote in the referendum is a big ‘No’

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By MUTAHI NGUNYI
Posted  Saturday, May 29   2010 at  17:25

In Summary

  • Yes supporters wish to buy peace. But they are deluded by the ‘letter’ of this law
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But why is this naive in a childish way? To pass, this draft will need the goodwill of these institutions. And, in the absence of dialogue, these players have gone underground. This is why there is a thread that runs through the sabotage to the review.

The illegal insertion in the constitution was deliberate. It was blamed on the Attorney-General and no arrests have been made. But there is no difference between this “insertion” and the ruling on the Kadhis’ courts. In fact, the judges are currently on “revolt”.

If I made an application to stop the referendum today, I believe I can win. They have fired MPs and thrown the review into disarray.

And all this is because they are aggrieved and no one is listening. This is why we must ask a question over the Attorney-General’s appeal on the Kadhis’ courts.

He wants a determination before August 4 from the Court of Appeal. If this court declares the Kadhis’ courts illegal, they will be buried forever.

And if the Attorney-General is aggrieved and the judges are aggrieved, chances are that the Court of Appeal will declare the Kadhis’ courts illegal. If this happens, the matter will be sealed in toto. No appeal; no recourse, no reverse. Is this the intention?

What about the provincial administration? Any election in this country depends on them. Is it possible to trust them to carry out a referendum that will disband them?

This is naive to the extreme. Besides, the IIEC is a “greenhorn” commission. No experience, no history, nothing.

If the provincial administration could fix the age-old Kivuitu Commission, what will an aggrieved administration do to a “greenhorn” commission like the IIEC? I am worried.

If you combine this with an angry Armed Forces over unionisation, we are courting disaster. I will not expose my woman and my children to this. It is clumsy, thoughtless and reckless. I will not experiment.

My last submission is personal. My No vote is a protest vote. The owners of this constitution have blood in their hands.

The principals have told us that this is a “government project”. But I do not remember them washing the blood of the 1,300 innocent Kenyans who died in 2008 from their hands.

Is it possible for “bloody” hands to write and support a constitution for our children?

We cannot pretend that you can oversee the shedding of blood one day and the writing of a constitution the next day. No way.

mutahi@myself.com

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