Referendum and the six groups in the vicious fight for soul of Kenya

I argued last week that President Uhuru Kenyatta and Mr Raila Odinga want to foist a referendum on change of the constitution on Kenyans on the false prospectus that their election cycles are violent because of their all-or-nothing (winner-take-all) format.

May I posit today that to understand the confusion the President and Mr Odinga are creating ahead of next year’s plebiscite, one needs to understand the forces at play. Which ones are they?

One, the constitutionalists: They want genuine people-anchored and law-centred change to guarantee a document that stands the test of time and for posterity. They are saying a good law, such as the Constitution we have, can be made better.

THE EXTREMISTS

They are progressive and they want to answer these questions: Eight years on, is the document called Constitution of Kenya 2010 living up to the expectations of the framers and Kenyans alike? What areas need fine-tuning and which injection of new ideas?

Did the Constitution create far too many offices, too much government? Is devolution delivering in terms of empowering citizenry to participate in making decisions about their resources and as regards bettering their material lot?

Among these would be Nzamba Kitonga, who chaired the Committee of Experts (CoE) that made the Constitution. Here also is to be found Dr Ekuro Aukot, the crusader for social justice and unsuccessful 2017 presidential candidate who was chief executive officer of CoE.

Here also is to be found devolution expert Dr Mutakha Kangu, a significant driver of the devolution deliberations and chapter of the derailed Bomas constitution making process. Makueni Governor Prof Kivutha Kibwana is a perfect fit for this team. These, as Americans say, are people persons.

Two, the manipulative and opportunistic sungura wajanja (sly hares): They are driven by ambition, egos and wealth. They see the basic law as an instrument of manipulation for satiation of political hunger and greed.

They want power so they want to change the supreme law to act as a repellent for their opponents and propellant for themselves. Their unbridled search for power renders them inimical to the people’s needs and to the Constitution itself; and exemplifies the self-interest that drives Kenya's politics.

DEVOLUTIONISTS

But they claim to act in the interests of the citizenry. President Kenyatta and his foremost foe-turned-fiercest-ally Odinga lead this group which has Deputy President William Ruto in its crosshairs.

Three, the DP: He, in turn, leads the group that says change the Constitution only to benefit the citizenry and not expand the Executive to accommodate poll losers allegedly because they are bitter and a danger to the security of Kenya.

Deciphered, that says I am sungura like you Your Excellency and Yule Jamaa (Raila) and I know you are out to get me, but, that being said, bring it on.

Four, the extremists: They are downright radioactive as they applaud the frightening thoughts of Jubilee Party Vice-Chairman David Murathe, trade union supremo Francis Atwoli and veteran journalist Philip Ochieng.

The trio have separately canvassed for President Kenyatta to have a third term and Mr Murathe would not mind if he were to become a dictator as long as he got the economy booming which, any way, he could.

Five, the devolutionists: In the tortured lead-up to the seriously fought and derailed devolution anchored and Westminster-style document that was the Bomas constitution, they wanted a strong Senate, stronger and bigger devolved units and increased autonomy for the counties.

WANJIKU

They see the weakening of the Senate by MPs in Naivasha in 2010 and the creation of 47 and not 16 counties as deliberate and resumed attempts from the 1960s to undermine and defeat devolution.

This should be the natural home of county bosses. But we have many out of depth governors heading out of touch governments.

They are wedded to controversies over money than to setting tasks and goals and assigning champions to spearhead entrenchment of small businesses and agribusiness, for example. However, pesa mashinani (money to the grassroots) is their catch-all-phrase for comprehensive resourcing of the counties and strengthening devolution.

Last, the people, aka Wanjiku. They will be targeted by massive propaganda campaigns by the two sungura wajanja groups which will ignore their now entrenched view that the Constitution of Kenya 2010 created far too many mouths for them to feed.

Question: What kind of referendum should Kenyans have because the politicians’ plebiscite is not necessarily the people’s plebiscite? I will explain next week the trouble that lies in wait.

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