"The role of a constitution is to provide scope for good government, while at the same time placing limitations on the powers of the governors. " - Dr. Mark Cooray
This is the situation that we find ourselves today, that is, in the process of giving ourselves a new constitution. We wish to give to ourselves a document that will organise our government but at the same time place checks on how the power of that government is exercised. Our political class, before and after Independence, has never and will never accept checks on how their power to govern is exercised.
Today is the last day of debate before the Revised Harmonised Draft Constitution is sent back to the Committee of Experts for final drafting and then its onwards transmission to the Referendum. It is emerging that the political class will not get the amendments many of them sought to enhance the power of the governmet at the expense of credible checks on the exercise of that power. The leadership of the Honoroubla Speaker of the National Assembly has been ably demonstrated, especially when he ruled that to amend the revised draft would require a two-thirds majority. Thus began another assault on the revised draft by the agents of status quo. It is to the credit or discredit of Members of Parliament that their recently habitual divisiveness has prevented them from passing any amendments to the revised draft.
The journey to new political dispensation began with the first shots fired by Kenneth Matiba and Jaramogi Oginga Odinga in 1990 when they led the charge against section 2A of the Constitution of Kenya, leading to its repeal in 1991 and multi-party general elections in 1992. The way President Moi played off the key leaders of the oppoosition against each other in the intervening years before he peacefully handed over power to his successor, President Kibaki, was enough to slow down the road to a new constiitution. We overcame these hurdles and now are closer than we have ever been to a new constitution.
The IIEC has already began the process of creating a new voters' register. It would be remiss for any eligible Kenyan to refuse or fail to register, if only to vote in the referendum. This is not a general election; it is much more important than that. I have previously railed against the undemocratic structure of our political parties and I will not debase the word 'democracy' by participating in a general election in any way. However, the referendum on a new constitution is a different kettle of fish altogether.
The Constitution describes our relationship with our government and lays down in black and white our rights and obligations under the constitution. How can we state that we have a right NOT to participate in general elections if we did not participate in the process of creating and articulating that right? It is imperative of all right-thinking and engaged Kenyans to take part in the process: reading, revising, amending, and voting for (or against) the draft at the referendum. We cannot go through life bitching and moaning that this country is held hostage by politicians if when we had the opportunityt to determine what those politicians could do, we did not did not seize the day and take action. Registering as voters and voting in the referendum is our line in the sand and taking our country back from thos perfidious thugs in suits.
When history judges this nation, it should be that we took a stand and made our marks on the draft. We took charge and approved/disapproved a document that we had read and understood. We had thrown off the yoke of political apathy and instead held our heads high as we showed the world that our political process has matured. Otherwise, we will bequeath our children with a political process that will leave them at the mercy of what is proving to be an increasingly authoritarian and perfidious political class.
This is the situation that we find ourselves today, that is, in the process of giving ourselves a new constitution. We wish to give to ourselves a document that will organise our government but at the same time place checks on how the power of that government is exercised. Our political class, before and after Independence, has never and will never accept checks on how their power to govern is exercised.
Today is the last day of debate before the Revised Harmonised Draft Constitution is sent back to the Committee of Experts for final drafting and then its onwards transmission to the Referendum. It is emerging that the political class will not get the amendments many of them sought to enhance the power of the governmet at the expense of credible checks on the exercise of that power. The leadership of the Honoroubla Speaker of the National Assembly has been ably demonstrated, especially when he ruled that to amend the revised draft would require a two-thirds majority. Thus began another assault on the revised draft by the agents of status quo. It is to the credit or discredit of Members of Parliament that their recently habitual divisiveness has prevented them from passing any amendments to the revised draft.
The journey to new political dispensation began with the first shots fired by Kenneth Matiba and Jaramogi Oginga Odinga in 1990 when they led the charge against section 2A of the Constitution of Kenya, leading to its repeal in 1991 and multi-party general elections in 1992. The way President Moi played off the key leaders of the oppoosition against each other in the intervening years before he peacefully handed over power to his successor, President Kibaki, was enough to slow down the road to a new constiitution. We overcame these hurdles and now are closer than we have ever been to a new constitution.
The IIEC has already began the process of creating a new voters' register. It would be remiss for any eligible Kenyan to refuse or fail to register, if only to vote in the referendum. This is not a general election; it is much more important than that. I have previously railed against the undemocratic structure of our political parties and I will not debase the word 'democracy' by participating in a general election in any way. However, the referendum on a new constitution is a different kettle of fish altogether.
The Constitution describes our relationship with our government and lays down in black and white our rights and obligations under the constitution. How can we state that we have a right NOT to participate in general elections if we did not participate in the process of creating and articulating that right? It is imperative of all right-thinking and engaged Kenyans to take part in the process: reading, revising, amending, and voting for (or against) the draft at the referendum. We cannot go through life bitching and moaning that this country is held hostage by politicians if when we had the opportunityt to determine what those politicians could do, we did not did not seize the day and take action. Registering as voters and voting in the referendum is our line in the sand and taking our country back from thos perfidious thugs in suits.
When history judges this nation, it should be that we took a stand and made our marks on the draft. We took charge and approved/disapproved a document that we had read and understood. We had thrown off the yoke of political apathy and instead held our heads high as we showed the world that our political process has matured. Otherwise, we will bequeath our children with a political process that will leave them at the mercy of what is proving to be an increasingly authoritarian and perfidious political class.
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