WHEN DID THE THRUST OF THE REFERENDUM CHANGE FROM , REMOVE IEBC to PESA MASHINANI am curious to know.... Or is it a case of shifting goal posts..... Will this also metamorphose into something else....later? How do you propose to deal with the tyranny of numbers in actuating and implementation of the constitutional amendments? Do you know that you can run away from parliament but you cant hide? Meaning, parliament enacts the laws that eventually perpetuate or actualize the constitution! This is to say bi- partizan approach in bringing real change is mandatory and not an option! If this is the case, and the real concern of governors and Wanjiku is more money, then , a bipartisan non polarizing approach in a parliamentary debate ( just as they debate their salaries without referendum ) is more likely to bring the desired result...that a gruesome ,grueling political marathon in the name of a referendum ....UNLESS OF COURSE....THE ISSUE IS NOT PESA MASHINANI !.... What happens , is , if you do not follow this route, you governors will end your term with egg on your face without funds as the referendum , if successful will be at the tail end of your term! And even then, parliament will still have to implement it !Think about it! Only one guy will go laughing all the way to the ballot box come 2017! Referendum debate is misplaced, its time to implement and audit the constitution Kenya Political arena is exhibiting serious symptoms of a sick society bent towards political materialism as opposed to value based politics. To a certain extent the constitution document which is barely 4 years seems to be a catalyst of institutional conflicts as it has clauses which are fairly liberal, vague and extremely ambitious looked against realities of the social, economic and political realities of our country. One rightly feels that the opponents of the constitution promulgation had rightly detected the 20% rot in the document which needed polishing before adoption of the constitution. The current clamour for a referendum by the opposition and cross section of Counties’ leadership is based on no tangible ideological thinking but a clamour for things material. Similarly the opponents of the referendum are fighting the referendum wind through intimidations, dangling monetary carrots and goodies to the target audience. This is flatly unconstitutional and illegal. The historic struggle for Kenya independence was based on worldwide ideologies for a more free society and recognition of human dignity in matters of governance. The liberation movement sympathisers did not at any time seek any materialistic gains but stood at the high pedestal of struggle for democracy and universal human rights. Indeed the crusaders for this cause did not perceive any material benefits and no wonder the liberators died landless and poverty stricken. The advocates for the second liberation including Wangari Mathaais, Masinde Muliros, Alexander Muges, Henry Okullus among many others agitated for greater freedoms as enshrined in the international treaties. They openly campaigned for equal access to governmental opportunities to all and not a small cross section of political interests. The clamour had great sense of inclusivity of all Kenya communities unlike the current referendum crusade which openly bear ugly tribal overtones. It is unfortunate that some remnants of second liberation seem to betray nationalistic values and universally acceptable ideological thinking while mobilising the citizens to support the“OkoaKenya” initiative. It is obviously that the referendum call is geared to isolate two communities. This is unfortunate and despicable; such tribalistic manoeuvres should be denounced loudly by all. It is becoming clear by day that the current constitution needs to be seriously audited by the Kenyan people as implementation goes on. It is also not debatable that the current calls for a referendum are misplaced tribal and self-aggrandisement. It is critical that at the end of five years, the constitution be thoroughly analysed and audited with a purpose of repainting the grey areas which are fuelling institutional conflicts and national disharmony. Scenarios where sovereignty of the national leadership is threatened by conflicting legal frameworks and excess institutional guarantees must be addressed urgently. The overt conflicts between the executive, legislative and judiciary leading to operational paralysis and ridiculous conflicts should be worked on. Situations where executive powers are hampered by existing governmental institutions such as parliament or judiciary making developmental programmes difficulty to implement need to be reviewed. Situations where major policy issues such as security and or devolution are held captive by institutions like judiciary or executive cannot be entertained under the constitution. Constitutional clause and laws which intimidate public officers hampering efficiency of service delivery must be addressed. It makes no sense that everyday this or that Governor, Cabinet Secretary, County Executive or County speaker is subject of impeachment procedures whereas the impeachers lack moral worth of transparency and capacity to exercise such mandate. Institutional conflicts fuelled by ambiguity in the constitution seem to be critically affecting the principles of separation of powers. The political antagonism and fight to control public resources between various levels of leadership is sadly compromising the quality of legislations as portray supremacy contests geared to sabotaging the target institutions. Kenyan must explore institutional growth and not a spirit of legislative sabotage to weaken counter institutions. It is time that the relevant institutions including religious sectors, constitutional commissions and the people of Kenya soberly audit the constitution with a view to make submissions after five years with a view to come up with a formidable constitution for posterity. Regrettably if the current squabbling is not arrested it will tear the national fabric, what a shame? (George Kimani Is a lawyer and County Minister in charge of Legal and Public Service Nyandarua County, the views expressed here are personal and does not reflect any institution represented by the Writer gkihingo@yahoo)
Posted on: Sat, 13 Sep 2014 17:15:43 +0000
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