I have read in todays newspapers that a group of Members of The National Assembly propose radical changes to The Constitution of Kenya, 2010, ostensibly as a radical measure to bring down the cost of Government and governance. The proposals include, scrapping of the Senate and Constitutional Commissions, as well as reducing the number of County Assembly representatives. Some of the proponents also want to do away with the women County Members of The National Assembly. Let me begin by making the point that i have no personal interest in this debate, and will make my comments on that basis. The Commission for the Implementation of the Constitution is a transitional body with 2 years to go to the end of its life, and we have unequivocally stated to the National assembly, that we do not seek an extension of that term. Moreover, on my part, if the people of Kenya wanted CICs life to come to an end tomorrow, i will be the first to say,thank you very much for the opportunity and privilege and move on. With that background, let me say that the proposals i refer to, are not well thought ought, and in my view, miss the point, and if they were to see the light of day, they would be a shortcut to complete negation of what the people of Kenya sought, when they overwhelmingly adopted the Constitution in August of 2010. I hold the view that those who seek to amend the Constitution are those who have persistently stood in the way of its implementation. They seek to fulfill their own prophecies that the Constitution is unworkable. On the question of the cost of our Governance structures for example, isnt it ironic that Members of the National Assembly who pursued the issue of their own remuneration with such vigor and verbal violence as has never been seen before in the public arena and in complete disregard of the letter and spirit of the Constitution, should now be expressing concern about the public wage bill? I am reminded of the story of the young man who murdered both his parents, and upon conviction, in mitigation, urged the court to be lenient to him because he was an orphan! Yes, the public wage bill is a major issue that must be tackled. Let us do that objectively and with a focus on the essence of public service. Let us be committed to tackling corruption and other leakages of public funds. Let us rationalize remuneration for public officers, even as we spur the economy to support the undoubtedly enhanced public wage bill. As a last resort, by all means, let us downsize the respective governance structures. If you were to ask me, i would begin by returning the size of the National Assembly to 210 single member constituencies as had been recommended by The Committee of Experts.I personally believe that affirmative action is an important progressive pillar in our Constitution, so i would be very reluctant to claw back on provisions that enhance representation of women, youth, people with disabilities, and those from marginalized communities. The Senate is an essential pillar in the protection and promotion of devolution. The architecture of our Constitution is such that if you remove the Senate, then devolution crumbles. If devolution is to work,and if we must reduce the number of parliamentary representatives, i would personally rather reduce the number of members of the National Assembly. If indeed there is over representation, then thats where it is. Again as a last resort, we may rationalize both the numbers of the Constitutional Commissions, as well as the membership of each. There is a specific justification for the Constitutional Commissions, as is set out in their common objects in Article 249 of the Constitution: to ensure the observance by all state organs of the democratic values and principles set out in the Constitution, to protect the sovereignty of the people, and to promote constitutionalism. The debate around these issues is healthy and Kenyans should participate in it. By all means let us consider making changes where necessary, but let us demonstrate commitment to the values and spirit of the Constitution, and let us put the interests of the people first. Let proposals to change the Constitution not be in furtherance of political power play and institutional flexing of muscle! As the English say, let us not throw the baby out with the bath water!! For the avoidance of doubt, the foregoing are my personal views! Have a great afternoon! Charles Nyachae, CIC Chairman
Posted on: Mon, 25 Nov 2013 10:49:57 +0000
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