Is The Constitution Still A Government Project?

[adongo12345]

Adongo Ogony

Am I the only one beginning to get a little irritated by the bellicose behaviour of the likes of Raphael Tuju, Martha Karua and company who still seem to think constitutional reform in Kenya is a government project?



Tuju is on record blasting those calling for minimum constitutional reforms claiming that “it is bewildering that the same people who prior to the referendum conceded that 80% of the constitution was acceptable but still rejected it were now ready to settle for as little as 5% reforms on the draft constitution”

We all know Tuju is bewildered may be with the sniff of power he seems to enjoy at the moment. But he needs to get a better read at the results of last year’s referendum. They lost it big time. In fact Tuju with his then brand new party Peoples Progressive Party (PPP) which some christened Pata Potea Party could hardly get a few hundred votes for the fake constitution minted to serve the interests of Kibaki and his ruling clique.

I think it is about time people like Tuju and Martha Karua understood that 60% of Kenyans rejected their katiba because it was bogus and trashed everything Kenyans asked for when they gave their views.

It is not Raila Odinga or William Ruto or the other archenemies of Tuju and Karua who rejected the aptly named Wako Mongrel. It was the Kenyan people who did so despite open and ugly bribery by President Kibaki and his cohorts.

By the way since I come from Bondo and Tuju is actually my neighbour, when are we getting the goodies we were promised when Tuju took his delegation to State House promising Kibaki nonexistent votes? May be the Kshs 370 million for the roads in Bondo District is down payment. We need more.

My point is that once again we see those who think they own the government and the people of Kenya treating the constitutional reform agenda from a purely partisan perspective. To these people everything in the country must be seen within the perverted lense of the government against its enemies. How sad. When will these people learn that the constitution has never been and will never be a government project?

Kenyans are tired of Kibaki’s ridiculously partisan and nepotistic agenda on the way Kenyan resources and taxpayers money are utilized.



Whether it is the allocation of money for roads in the country; whether it is the issuance of ID and Voting cards or the allocation of important entities like districts, divisions and locations, university colleges, not to mention appointment to State corporations; everything is done on the basis of us against them.

This rotten politics must be put to rest for the sake of the Kenyan masses who all pay taxes regardless of their political preferences. There comes a time when the interests of the nation must supercede parochial interests of the petty cliques who dominate mainstream politics in our country.

What is wrong with minimum reforms, which for example would provide for continuous registration of voters instead of having a month designated for voter registration each year? Why would people like Tuju not want five million Kenyans to be registered as voters? Who said all these voters are only going to vote for Raila?

We need to streamline election laws in Kenya to ensure free and fair elections and pass laws that have teeth to keep out crooks who want to manipulate and abuse voters rights. What is wrong with that? What does it benefit the Tujus and Karuas to have toothless electoral laws that allow Kenyan voters to be cheated of their most basic right? The right to freely elect their leaders. Which Kenyans told Tuju and Karua that they do not want a level playing field for the elections?



And then we have the confused types like Musikari Kombo who seem to have difficulty figuring which is the front and rear end of their own horse. Kombo is opposed to minimum reforms and I doubt even he knows why. What kind of leaders are these telling Kenyans, the only change we can have in the country is the one they approve? Who tells these people that they can lead Kenya for life?

Lets get a few things straight.



First of all Kibaki and his people do not have a leg to stand on when it comes to constitutional reforms in the country. After they miserably lost the referendum Kibaki promised Kenyans in a live broadcast that he is still committed to making sure Kenyans get the new constitution they have fought and died for in the last two decades. Kenyans have learnt t the dangers of taking Mwai Kibaki seriously and predictably we are yet to hear what Mzee has in mind months after he received the Kiplagat report, which was supposed to be the roadmap to a new constitution. What is the president waiting for? A second term in office?



Is Kibaki going to promise Kenyans again to re-elect him so he can deliver a new constitution in a hundred days? Please, don’t kill us with laughter. But frankly what choices does the president have with time running out? May be they have swallowed the nonsense from Steadman’s polls that Kenyans are no longer interested in a new constitution. They are going to be sorry in the campaign trail and if I was Tuju I would be very careful after the referendum debacle.

My view is that when it comes to the constitution M.P’s should be speaking on behalf of and consulting with their constituents. Nobody should address issues of constitutional reforms as representatives of the government. Politicians are free to represent the views of their parties and Tuju can speak for the PPP or Wambui’s new party, Nark Kenya, but he has no business telling us what the government wants.

Let Kenyan politicians approach constitutional reforms as a collective project for the whole country and for all the communities and nationalities that inhabit our great nation. No one community; no one political group can claim the monopoly of wisdom when it comes to making a constitution that will serve all Kenyans.

I am not a great fan of IPPG type reforms but we are between a rock and a hard place. I fully identify with the concerns of people like James Orengo and others who have expressed their misgivings about minimum reforms. I know it could be used to short change us. But I think we need to make some changes consistent with the big picture that Kenyans asked for. That is the difference between having minimum reforms and accepting the Wako draft. If we accepted the Wako Katiba we would have negated everything that Kenyans wanted in their new constitution. The minimum reforms will do no such thing. That is a big difference and nobody should try to manipulate the issue with twisted arguments.

Besides politicians have this crazy habit of being two separate entities in terms of their behaviour before and after elections. When elections are approaching like they do now in Kenya, politicians all of a sudden will remember that Wanjiku is not just the cartoon they see in newspapers. Wanjiku becomes a living creature with legs, arms and a brain armed with a vote and that scares the crap out of waheshimiwa. This is when politicians all of a sudden become nice and friendly even to strangers. Our history tells us this also the time compromises on issues like the constitution can be made to move the process forward.

Kenyans have to keep one thing in mind though. The IPPG of 1997 did not come from the goodwill of the government of the day. It was the product of a raging battle led by groups like the NCEC and political parties like the DP and the NDP. Moi was boxed into a corner when mass rallies threatened to drown the country into a crisis and things were looking pretty awful for Kanu and its re-election chances. That is what forced Moi and Kanu to concede to minimum reforms, which actually made a big difference and eventually created the conditions that made it possible to remove Kanu from power.

Unfortunately some of the initiatives like the reforms to the Electoral Commission of Kenya (ECK) and mechanisms dealing with for example abuse of public resources for partisan purposes were never fully enacted into law and has provided loopholes to perpetuate abuse of the entire electoral process.



We need to address the issue and it is natural that those in power today are resisting. They need the loopholes to smuggle themselves back to office. They are going to face Kenyans and it is their choice whether they want it in the streets or the boardrooms.

We should also address the excessive powers of the president in the proposed minimum reforms. The demigod presidency is choking the nation. We have come to a point where every crook who has access to the president can literally run the country leading to what people like Mukhisa Kituyi have called the informal government. Isn’t that frightening? The idea of bogus “activists” who have never contested any elective position in Kenyan politics showing up and calling shots at State House is sickening. This has to be stopped.

Yes the president must have powers that is why we elect them. But this idea that the president can do everything he or she wants is doing us no good. The president can decide to dissolve parliament anytime he wants. The president appoints just about everybody in positions of power and there are no committees to vet these appointees.





In fact the president can appoint the entire legislature in to the cabinet and raid opposition benches at will. Look at the bloated cabinet we have today because Kibaki has to literally bribe MPs with cabinet positions to get support for his confused agenda for the nation.

We need to address these concerns and distribute some of these powers within other branches of the government and the legislature. Kibaki and his people should welcome such a move because quite frankly we don’t know who is going to be the president after the forthcoming elections? How about if it is Raila? Who says Kibaki is guaranteed re-election.

Lets look at rationalizing of presidential powers without the burden of dealing with individuals and their egos. This is the best time to do it when we are facing an election where anyone could be our next president. It is no longer a matter of neutering the Kikuyu presidency like my friend Koigi used to lament. Kibaki’s term is now over, lets ensure whoever come there next does not sit on us for another five years.

Issues like the role of Chiefs should be addressed. The 1997 IPPG reforms removed the Chiefs Act inherited from the wakoloni. The Bomas proposal as well as the Wako Draft actually did a way with chiefs and the entire provincial administration altogether. Now Michuki is busy herding chiefs like sheep and promising them heaven and earth, obviously in exchange for helping them rig elections.



The OP is even promising the chiefs they are going to supervise CDF projects even though that is not provided for in the CDF Act which by the way was initiated by Kanu and not Kibaki or Narc who are falling all over praising themselves for introducing CDF. How are the chiefs going to supervise CDF projects? By standing at the site of projects and seeing how hard people are working?

What exactly is the role of the Provincial Administrative structures in elections? Moi to his credit respected the IPPG principles, particularly in the 2002 General Elections. Kibaki and his people has shown they don’t give a d**n and those who want to complain can go to hell, like Martha Karua told the nation during the referendum campaign when they promised to use government resources watu wapende wasipende.

Another area of concern should be in the allocation of resources. I am talking about taking a mini stub at devolution of power and resources. The recent distribution of road money should be a stark reminder that equity in the way Kenyan taxpayer money is used should be of paramount importance to anyone. Even those who got the lion’s share like my community in Bondo District should remember we may not have Tuju next time.

By the way I hope I have not pissed off Raphael, because I have a confession to make. I actually like Hon.Tuju. He is my neighbour for crying out loud. His magnificent “village/constituency house” in Ndori market is a stone throw away from my modest hut in the outskirts of Bondo town.

In between my home and Tuju’s is Opoda Farm, home to one of the most talked about political figures in our generation, one, Raila Amolo Odinga. Raila’s brother and Bondo M.P Dr. Oburu Odinga also lives at Opoda Farm. Now you see how lucky I am sandwiched between these Kenyan celebrities. Except I have nothing to show for it. The Kisumu Bondo Usenge road which these wajumbes use on the days the helicopter is not working was impassable the last time I was there. I am going to be there soon and this time if that road is still covered in valleys I am going to stage a one man picket at the homes of the big boys until something is done. Let them not say they were not warned.

Why do I like Tuju? Because my sister, the hardest working woman in the Republic of Kenya who lives in Rarieda and who is my role model tells me he is a good man. That is enough for me. My only advise to him is that he should stop imagining that he can be the Tom Mboya of the 21st century. He is not. TJ, a genius of his time, was another kettle of fish altogether.

Lets do something with the constitution and make it a little better at least to facilitate free and fair elections as we elect a government that will finally work with Kenyans to fulfill our dream for a new democratic constitution and not one like Kibaki’s which did everything in their power to sabotage that dream. Minimum reforms should be for the benefit of all.

One more thing. Those who want minimum reforms are not going to get it begging Martha and Kibaki to support them. If Kibaki and his people have a better idea, lets hear it. But just seating there and promising Kenyans a constitution in the year 2050 is not going to cut it.



Lets take the battle to the people and let Kenyans tell the government they mean business. Those fighting against minimum reforms are digging their own graves as we approach the elections because this is going to be a major election issue. I mean even with all the money Narc Kenya is supposed to have amassed for the elections, Kenyans still have to actually vote. Everybody’s seat is going to be on the line and Kenyan voters are in a very nasty mood with our wanasiasa who have been lording over them for the last four years after lying to them that it was time for a change for the better. Wanjiku is ready for battle and she is pretty mad. Be very careful.

The writer is a human rights activist

[mzee]

ADONGO that was a good one.
The behaviour of the Kibaki government when it comes to reforms is not suprising given that deep down they dont want a new constitution. The rejection of the wako mongrel was a blessing in disguise for them. They can now use the current constitution to involve in all manner och unethical stuff. They are indeed telling us "we told you". So, however, unethical anything is, provided it falls under the current "dictatorial" constitution then it does not matter.

The belief is that they can push on with this constitution and continue with it after their re-election. I say" their re-election" because they do believe that Kenyans will give them five more years. They make the assumption because they have not fully understood the peoples mood. The fact that we dont have a constitution after 4 years of Kibakis rule is enough to do him in at the next election. Things like Anglo-leasing, Goldenberg, Artur, nepotism etc will sink him even deeper.

They do not believe that minimum reforms will be an issue for they think that there is a ready made answer. They intend to argue that they had all along wanted a new constitution but ODM had cheated people into rejecting it. If they elect mzee for another five years, he will deliver in no time. As you might have figured out, they have fight in their hands, a fight they will never win.

[abdulmote]

I honestly find all these noises akina Raila are making about the 'minimum reforms' rather hypocritical. What were they doing during all those nine months when they could have taken the 'Constitutional fight' after the Referendum a notch higher if they were trully genuine in their hearts? Si walikua wakirandaranda huko na kule promoting themselves as presidential candidates, and now they appear to have a last minute panick!

Hao wote to wamoja, Hypocrites!

They should if they are genuine of intent, fight for the full change as originally desired by the people irrespective of the timing, which ironically they themselves have wasted towards the same so to speak. Hakuna haja yakususpend it for later, if they seriously think the public can indeed make a difference, then theyshould go for it, full speed!

[politicalmaniac]

A.O
As usual your pieces are classic.
Tuju's spin is very annoying. As you aptly put it, its not wakinga R, and ruto etc who rejected the draft. That mongrel was rejected by the locla populace.

Whats galling is the fact that the Tuju is implying that we should have swallowed a bitter pilljust to get a distorted constitution, that as you can recall, would have been almost impossible to ammend later. Why enter into a situation with both hands tethered behind our backs while blindfolded to boot?

What akina R want is a level playing field, thats all!
But you wait and see what they will say when the opposition gets power with all these trappings to boot! They will go into an apoplectic fit calling for - reforms , reforms reforms.....

[mzee]

PManiac,
I think that people like Tuju are out to oppose anything R stands for regardless of wether its good or bad. Its thsi tag of war which makes Tuju act the way he is doing. I was told by reliable sources that with the help of MKM Tuju was granted a loan by NBK (in the tune of 250M) prior to the referundum. He on ther other hand promised to be theripoint man in Nyanza. He promised to counter R s every move.

[adongo12345]

Abdulmote

The main issue is that nine months after the referendum, the Kibaki government is still buying time. They came up with the Kiplagat Committee to tell them the obvious, namely that the constitutional process has to be an inclusive affair. I have always said that even convicted murderers in Kamiti need to have a say on the constitution. In fact for them it might be a matter of life and death.

The other reality is that Kibaki and his people have nothing to offer. They don't want minimum reforms ati because those promoting them rejected the Wako Draft. That is crap. Kenyans rejected the Wako Draft and rightly so. If we accepted the Wako Draft we would have killed Wanjiku's dreams forever. Not so with minimum reforms.

Secondly if I was one of the Kibaki people I would not want the constitutional reform agenda as a key issue on the elections. It is bad news for them. They have bombed on that before and they are completely bankrupt about the constitutional agenda.


The smart ones like Kibwana at least are pretending that Kibaki and his group want complete reforms before the elections. Everybody knows that is not workable except if the political stupidity takes the back seat and we agree on a constitution to be voted on the same day we carry out General Elections. If I was Kibaki I would go for that option and get everybody on the same page. Then the elections could be very interesting. But as well know creative thinking is not exactly what these guys are known for. Lets see how things unfold.

Adongo.

[politicalmaniac]

Abdul,
The reforms being called for by wakina R are just basic electoral reforms required to promote democracy and enhance fidelity of the elections. Is that too much to ask for? wouldnt you want that?

[adongo12345]

Interesting take from Macharia Gaitho.

www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=25&newsid=79326

I have had my disagreements with him, but I think he has a valid point despite his disparaging remarks about mass action.

[politicalmaniac]

M. Gaitho sounds like a perimenopausal woman with an on again, off again, hot flush. His discombobulated usually conformist line of thought can be most annoying.

How are wananinchi to express themselves outside of casting votes in a ballot? The anti-war movements- current and past, the civil right movements, the anti-aparthied movement, all took to the streets in a civil disobdience to express their disgust with the powers that be at those times.

The reforms being called for are only to ensure fidelity of the electoral process. Otherwise who knows, we may go the Mexican (Calderon/Obrador Imbroglio) way with street protests etc simply because we know what this inept regime is capable of. This will only widen the chasm between tribes, and increase the animosities that this regime has stroked.

Why not Kenyans? eh? why ridicule Kenyans in their attempts to express thier disgust with the current regime?

[kamalet]

Why all this dishonesty? What are these minimum constitutional reforms we are talking about? Sadly I can only read hypocrisy on the part of those calling for these minimum reforms.

Do they surely want to the constitution to replace pre-election MOUs? I ask this because the same people calling for the reforms were elected on the same legal framework that exists today, and had that infamous and unenforceable MOU not been flouted, we would not be seeking these reforms as we (the politicians) would be cosy in government without makelele!!

10 months ago, we were told that unless we go the full hog on the constitution, then we should reject the entire document. They did not want half measures. So why is it so important to go for half measures today if not to entrench personal political preferences? I am not convinced that Raila's campaign today is not tinged with personal interests especially when he does not even tell us what those changes he is looking for are. I have seen some contributors in this forum suggesting what those changes are......but are those the things that Kenyans are really interested in or is it what the politicians need for themselves.

Let us take one of the examples people are quoting - the independence of the ECK. Sometime back Kimunya suggested more government control on some of the constitutional offices. Questioned later, his main interest was in the financial management of those organisations but certainly not their perceived independence in their functions as provided by law. Like any other organisation funded by tax payers, whether the ECK has its own independent vote or is cleared through Karua's ministry, financial fundamentals will not change and the AIE's and vote clearance would still go through the same process as that of the ministry of water. What about the appointment of commissioners to ECK. Perhaps what these politicians are looking for is an opportunity to fill the commission with their cronies like they did as a result of IPPG. In my mind this is surely a recipe for stripping the commission of its independence when you have people that owe their position to politicians!!

As a Kenyan, I would be campaigning for the full enactment of a new constitution rather than piecemeal changes. I would be campaigning for the framework that allows for the achievement of the new document.

When will Kenyans ever learn??

[abdulmote]

I am very sad that Kibaki's government has been rapping and stripping our mother nation, since he was votted ofr overwhelmingly by the innocent and goodwilling wananchi, and that is hypocritical. I am very sad that the 'opposition' as we know it, has been spending 90 per ecent of their time plotting schemes to enrich themselves, and the other 10 per cent manipulating and exploiting the public's desires and wishes, that they eventually get what they themselves selfishly want to steal from them!

And that pain I have no words to express how it feels.
I am very sad.

[adongo12345]

Kamale

I find some of your arguments so obscene and ridiculous I thought I should respond to them point by point, because you capture very well the misguided party line for the Kibakites whom as I have said before have zero credibility when it comes to the constitutional review process: Lets start at the beginning this time around.

Kamale's position:

"Why all this dishonesty? What are these minimum constitutional reforms we are talking about? Sadly I can only read hypocrisy on the part of those calling for these minimum reforms.

Do they surely want to the constitution to replace pre-election MOUs? I ask this because the same people calling for the reforms were elected on the same legal framework that exists today, and had that infamous and unenforceable MOU not been flouted, we would not be seeking these reforms as we (the politicians) would be cosy in government without makelele!!"

I don't know why you guys are still obsessed with the MOU. Nobody in the LDP or anywhere else is talking about MOU. It is four years since Kibaki betrayed his comrades and like I have always said a General who betrays his/her comrades will sooner than later abandon his/her own troops.

Kibaki not only betrayed the people with whom he signed the MOU, the man has betrayed Kenyans mightily when in comes to the constitution. Remember the Kibaki who used to preach to Moi about the imperial powers of the presidency? Now try reconciling that with the goof who lost the referendum in big part because he wanted to hang on to those same excessive powers?

Why do I bring this up? Because the issue of the constitution is not a matter between Kibaki and his political opponents. That is what Kibaki and his people want to sell to Kenyans. Lying to us that we really don't need a good constitution. It is only those MOU guys still bothering Mzee. Hapana.

The constitution is a battle for all Kenyans and I personally don't care who the president is, was or will be. I want a good constitution that will foster democracy in the nation. Those of you willing to sell their soul to the devil are free to do so, but don't lie to us that the constitution of Kenya is just about MOUs.

Secondly, you are one of those peddling the falsehood that accepting minimum reforms is just as good or as bad as accepting the Wako stupidity that Kenyans rejected at the referendum. Minimum reforms are just that. They are the most basic things we need to make our constitution better. The Wako draft was a whole constitution which negated everything Kenyans fought for. How hard is it to understand this simple fact?

You come with the following absurd statements.

"10 months ago, we were told that unless we go the full hog on the constitution, then we should reject the entire document. They did not want half measures. So why is it so important to go for half measures today if not to entrench personal political preferences? I am not convinced that Raila's campaign today is not tinged with personal interests especially when he does not even tell us what those changes he is looking for are."

Once again give yourself a break. Don't let Raila keep you awake night and day. The constitution of Kenya is way bigger than Raila Odinga. If it is only Raila why do people like Paul Muite support the demands for minimum reforms. Why do people like Maina Kiai of Kenya Human Rights Commission support the reforms? Why does FIDA support the reforms? Why are we hearing so many diverse voices saying we need to change things? Are all these people Raila's mouthpieces? Please, stop insulting the intelligence of Kenyans.

The idea that every time Kibaki and his cohorts get into trouble they blame it on Raila has not worked for the last four years. Don't you think it is time you guys changed tact.


And then you reduce the issue of independence of ECK to who manages the budget.


"Let us take one of the examples people are quoting - the independence of the ECK. Sometime back Kimunya suggested more government control on some of the constitutional offices. Questioned later, his main interest was in the financial management of those organisations but certainly not their perceived independence in their functions as provided by law.


Like any other organisation funded by tax payers, whether the ECK has its own independent vote or is cleared through Karua's ministry, financial fundamentals will not change and the AIE's and vote clearance would still go through the same process as that of the ministry of water. What about the appointment of commissioners to ECK."

I thought you are savvy on financial management matters. Any organization funded by taxpayers money is audited by the Auditor General who reports to parliament. End of story. Kimunya does not need to personally supervise how the ECK spends its money. That is usually part of the intimidation.

The issue of ECK reforms is way bigger than money. We simply need to enact laws to for example allow for continuous registration of voters. This is what happens in most countries. Here in Canada, any Canadian citizen can call the Register of Voters any day of the year to check if their registration is up to date. Any citizen can register any day of the year. Why do we need Raila to get Kenyans to have these most basic right?

And by the way you know the ECK has no powers to simply decree such rules and procedures. It has to be provided for under the law. In a country where close to 50% of the voters are not registered why do people like Kibaki not want to facilitate the process by amending existing laws instead of engaging in ego trips and nonsensical arguments about everything being done for Raila.



Finally you make sense:

"As a Kenyan, I would be campaigning for the full enactment of a new constitution rather than piecemeal changes. I would be campaigning for the framework that allows for the achievement of the new document."

Now you are talking. One question though. Just when do you intend to start campaigning for the "full enactment of the new constitution" The year 2012 after Mzee is in Othaya or resting peacefully in the mausoleum somewhere.

That is the problem Kibaki has. He has no credibility to promise people a new constitution sometime in the future. He is terrified about the minimum reforms not because they are bad, but because Raila started the whole thing. He cannot keep standing still because things are getting pretty hot. Now what to do? This is my advice to you and to the Kibakites. Surprise us for a change.

Kibaki should endorse the idea of a complete overhaul of the constitution before the next General Elections. Set the ball rolling by getting parliament to come up with a new constitutional review act (he should have done this months ago) let Kenyans find mechanisms to have a truly people driven process of resolving contentious issues and take the referendum to the Election Day.

This will save us tons of money, ensure that the new regime comes with new set of laws of governance and for Kibaki take the constitutional battle out of the campaign agenda. In fact Kibaki would look pretty good at the polls and can remind Kenyans he has actually delivered on that big item although not on time. But I am not holding my breath. The stale thinking represented here by my good brother Kamale and being played in the political dramatics of Kibaki supporters tells me we are dealing with a regime whose head is deep into the wrong place. The only trouble they are going to deal with is that the status quo is not an option. Decisions, Decisions.

Adongo.

[politicalmaniac]

A.O,
Although you put it very clear, in very concise language, with facts to boot, the person you are adressing, has dark blinders on and wont see the sense or logic or magnanimous position you have adopted. No!

These guys sadly seem impevious to reason. Neither do they have a heart! They are unable to apreciate and value and want to practice the qualities, of Liberté, égalité, fraternité, (Freedom, equality, fraternity/brotherhood) the rallying cry of the activists, both militant and non-violent, who promote democracy or the overthrow of overbearing/oppressive governments.

To them its about me, me, me. MoU? out!, One presidential term? out!, 100 day constitution? NO!, NARC summit? out!, power sharing? NO!, corruption? yes!, Gemanization of judiciary, parastatals, GOVT ministries? Yes!. Instead, they have promoted a harsh serpentine/mercernary rule of law, seemed incapable of charging and convicting a single corrupt fellow, seemed unable to foster a kinder gentler regime capable of maintaining and fostering a spirit of healing across various tribes, so visible after 2002, seemed incapable of respecting taxpayers by equitably sharing the nation's collective pot.

The only way to deal with these fellows is to beat them at their own game. And that will need a reenactment of the referendum playbook! After all they only understand power, its absence or presence. They have not convinced me that they care about those that are not of their own. They have no concept of Liberté, égalité, and fraternité, a sad, sad, sad fact!

So what have they resorted to? Bribery, coercion, and thugery

[politicalmaniac]

Ruto politely put it that this GOVT has no gentlemen one can shake hands with. They cant be trusted!
www.timesnews.co.ke/16aug06/nwsstory/news1.html

[kamalet]

This is what the former chairman of LSK had to say about the issue of minimum reforms. He even sees the link to creating positions the MOU failed to provide!!

www.eastandard.net/hm_news/news.php?articleid=1143956836

Then LSK and NCEC join the fray suggesting the proposal is flawed!

www.eastandard.net/hm_news/news.php?articleid=1143956879

Sadly, opposition to such a "well thought out idea" can only be seen in the light of NARC-K and Kibaki posturing to deny Kenyans they rightful minimal reforms. I still insist that the drive for these minimum reforms is intended to write down an MOU as part of our laws!!!

[dubois]

Kamale,

We have reached a stage where we cannot engage in any meaningful debate without labeling each other. But truth be told, the support of minimum reforms is the worst case of Railamania. Whatever way you look at it; it is simply a political gimmick. Unfortunately our politicians will always have their parrots.

[job]

Folks,

Are calls for minimum constitutional reforms before the 2007 elections justified? Why call for minimum rather than over-haul of the entire constitution? In whose interest(s) do(es) such immediate reforms serve? Is it possible to review the entire constitution & enact a new one prior to the 2007 General elections?

These are very big and good questions that we must grapple with as a purported democratic nation especially now that we are approaching the 2007 elections. We have a rich history behind us; immediate and distant past, to reflect upon and see why such discussions are important right now.

As the political class continues to impede the enactment of a people driven constitution, it is imperative that Kenyans consider certain immediate concerns independently without dictation by politicians from either side (government or opposition).

Concerns about (just examples of immediate concerns);

1. Continuous voter registration to eliminate mass disenfranchisement of eligible voters. Young Kenyans turn 18 each single day and none should be restricted from voting simply because of archaic & outdated voter-registration laws used in the stone ages. Must we restrict registration periods to say 30 days? You could infact wake up from a coma a day after the narrow registration is closed. Is this demand/right not good for the benefit of all Kenyans?

2. Independence of the Electoral Commission of Kenya (ECK). This should include financial autonomy-away from Treasury to insulate this body from executive controlled political interference. Laws which ensure that ECK maintains a level political playground are necessary. Is this demand not genuine for the common good of all Kenyans? Political expediency must be put aside.

3. Increased representation of women in parliament. Is this too much to ask or beg for? This is an immediate concern that needs no waiting period. Or is it that only the opposition wants more women representatives?

4. Reduced powers of the presidency and demand for accountability for executive decisions? The blatant misuse of state & public resources for partisan political campaigning (as witnessed in the recent by-elections) hurts all Kenyans socio-economically whether you support the government or not. Do we surely want to walk to the next General Elections under the same predicament? If you are genuine, your answer would be quite obvious. This is an immediate concern that needs immediate address.

5. Putting an end to Executive(Presidential) poaching of opposition MPs and incorporating them into government without them seeking fresh electoral mandate under the ruling party ticket. This democratic fraud must be stopped by statutory means or via constitutional amendments right now. Even as opposition leader Uhuru Kenyatta remains silent (asleep or in coma) on this "hot" opposition issue, responsible Kenyans must take the mantle and correct this anomaly sooner than later.

6. Delinking the President from Parliament's calendar. This is another immediate concern that Kenyans need to address since it is for the common good of the nation. Whether it is Moi, Raila, Kibaki , Kalonzo or whoever is President, they must not dictate when parliament is open or closed. This needs immediate action.

7. Amending section 47 & 59 of the constitution to pave way for comprehensive reforms. To tackle comprehensive reforms later, we need to immediately pave way for that objectively if we are to be genuine. These are immediate concerns that will shape way for more reforms.

8. To avoid touching on devolution ( a purported contentious matter ) which could be left for the comprehensive reforms, I would still vouch for an increment of CDF funds meanwhile as part of immediate mininum reforms. This is of common good to all.

These questions illustrate the quite obvious;

(a) Many Kenyans have a genuine desire to bring about good governance and establishment of a level political playground as in most democracies.

(b) Calls for minimum reforms geared to address the same are quite justified.

(c) Such reforms serve the common good of all Kenyans. A step forward in the right direction - is of common benefit to all.

(d) It is now prudent to call for minimum rather than comprehensive reforms because of sheer practicality.

Is comprehensive review possible before the 2007 General elections? Time may not be on our side given that other constitutional amendments & a referendum will still be required.
Besides,...... reading the 2006/7 budgetary estimates, there's no allocation for the review process.
Most important, ZERO allocation by the government for the review/comprehensive reforms illustrates the unstated but obvious lack of commitment on the part of the ruling Narc-K and Kibaki to effect the same.

What do we need to learn from history. Two important things.

Firstly, most democratic gains in Kenya were previously championed by the collaboration between political leadership willing to stay at the frontline, popular agitation by the people, and relentless and consistent pressure by the civil society.

That combination led to the repeal of section 2(a) of the constitution that ultimately gave birth to opposition parties. The leaders who stayed at the frontline were vilified and targetted for intimidation by the then power wielders. It is no different today. Only this time,....yesterday oppressors are in the opposition, and today's rulers have become the oppressors.

Propaganda is one tool this Kibaki government loves to use. To energize their tribal base, they only need to invoke the name of Raila on any agenda, (good or bad) and it will all be Railaphobia blitz in their zones. However, there are those like Muite and Dr. Kilemi Mwiria who rightly argue that genuine reforms are not a one person affair.

Let's remember that there's three groups of players in this debate; (a) Kibaki & Narc-K status quo proponents- the obvious anti-reformists, (b) moderate reformists ( agitating for comprehensive reforms but who will not hesitate to accept minimum reforms if that's what's practicable for the moment)- many ODM (LDP/KANU) proponents fall in this group (c) hard-line reformists who will not accept anything short of total overhaul of the current constitution- the group of akina Ahmednassir (former LSK Chairman), Prof. Ogendo (CKRC) , Orengo, KNHRC, part of NCEC (akina Cyprian Nyamwamu) etc.

The government is once again slated to loose even in this propaganda war.

Secondly, let's trace the nitty gritty preceding the IPPG reforms of 1997 during the Moi years.

Following the events of July 7, 1997, when pro-reform rallies were held throughout the country and 13 people were killed, security forces and paramilitary thugs continued to repress reform demonstrations. ... Also in August, more than 70 people were killed in politically motivated violence in the coastal region aimed to distract the nation from reform calls.

Prior to the August incidents, on July 17, 1997, after a year of violence and increasing pressure from civil society groups and international donors in the run-up to the elections, Kenyan President Moi acceded in principle to demands for constitutional and legal reform. Until late September 1997, however, President Moi and his KANU (Kenya African National Union) party maintained that reforms could not be undertaken before the presidential and parliamentary elections, which were to take place before the end of the year.

Nevertheless, some statutory reforms were negotiated between the president and the Inter-Party Parliamentary Group (IPPG), composed of members of parliament from various parties, and were enacted into law in November. The reforms called for repealing some colonial-era legislation used to restrict freedom of association, expanding the composition of the Electoral Commission, and establishing a framework for a comprehensive constitutional review and reform process. The reforms did not, however, establish any means to redress problems in voter registration procedures that left some two to four million Kenyans disenfranchised; nor did they lessen the constitutional powers of the executive.

This incomplete and belated reform process left the country ill prepared for truly democratic elections. ... Presidential and parliamentary elections were held December 29-30, 1997. To no one's surprise, President Moi emerged victorious from the elections, which were chaotic and marred by irregularities. The repressive pre-election environment and the lack of time for implementation of the limited IPPG reforms helped guarantee the outcome of the elections.

Folks, we have come a long way and have learnt a lot of things the hard way. Genuine reforms, however minimal will be a step in the right direction, but that must not mean that we stop agitating for comprehensive reforms and an over-haul of the entire constitution. The government fuelled propaganda tying the crucial reforms to political manouvres by one man called Raila is sheer mischief,....aimed at distracting the people away from immediate concerns we are soon walking into.

P/maniac

On a seperate thread Politicalmaniac expresses his worries about the government actually winning this propaganda war against minimum reforms. I beg to differ, that is far from the truth.

I believe that most Kenyans have genuine desire to bring about good governance and allow for the establishment of a level political playground.

Among the political class,.....some are keeping their ears closer to the mostly disenchanted population across most of Kenya,...to be precise,..most regions of Kenya. Others are confining their ears right near their noses. That's the difference. Several sources intimate that more Kenyans prefer to have minimum reforms enacted into law. Despite my pessimism about most polls, for a more public perspective,......check the DN poll question about - wish to have minimum reforms enacted and you'll quickly learn that despite the government propaganda,.....majority respondents still prefer the minimum reforms.


unedited.

job

[kamalet]

Job,

You 8 point list of proposed reforms is all very fine and yes would serve Kenyans well if we had them in place. Unfortunately, these are of essence the same contentious issues that existed pre-November referendum.

My question to you is how any of these changes, irrespective of how good they are for Kenyans, would impact a free and fair election.

Take the case of say the executive poaching opposition MPs. Surely can you blame the executive even if they bribed that MP to work with or even defect to join the executive? What you must blame is the quality of MPs that we elect! The fact that we have not legislated against briefcase parties or even grown democracy within our political parties where a definitive idealogy can be discerned of each of them is what gives us the quality of MPs that we have.

If in fact you were to take those MPs that gravitate towards either NARC-K or ODM, you will notice that the overriding factor is not what each of these parties stand for, nay! They run to them because the that grouping appears to be the most popular where I come from, hence the party is only a vehicle to an end!!!

Ndugu Job, it is not reforms that we need today. What we need is a cleansing of the political front since the interests of Kenyans are not what is driving the call for these reforms. What you are looking at is a game of crude chess where moves are being made and countered all with the aim of 2007!! If you cannot see that and are stuck worrying what Kenyans need, then smell the coffee mate!!! Just go back and read what the former LSK chairman wrote! It simply rubbishes what NARC-K Chairman Tuju or Raila say about "minimum reforms".

[job]

Kamale,

To answer your first question about how such minimum reforms would impact on a free and fair elections;

That's quite obvious Kamale; Continuous voter registration would have a direct effect of eliminating the existence of a pool of possible millions of voters that would otherwise be disenfranchised. That impacts very directly on free and fair elections. For instance, Rift Valley and Nyanza (strong opposition zones) are lagging behind in voter registration today due to politically engineered bureaucratic bottlenecks involved in issuance of ID's to eligible youth. Depoliticization of voter registration is thus an urgently necessary reform.

Also, ensuring the independence of the ECK away from control by the executive (President) impacts directly on free and fair elections. As of now, the President is already packing the ECK with his personal & partisan stooges and friends; against the spirit of IPPG negotiated terms (ironically effected by Moi). Moi allowed for proportionate representation in the ECK by all parties. You definitely know the unstated obvious position of Kibaki on this matter. Minimum reforms should go a step further in addressing section 41 of the constitution and even demand financial autonomy of ECK to completely delink it from Treasury's control. You obviously see the correlation between reforming ECK and free and fair elections.

Next, the blatant use of state and public resources to bribe voters is not anything close to - free and fair elections. Every Tom, Dick and Harry knows that Kibaki is hell bent on rigging the 2007 General Elections to his favour. He must be stopped by all means.

Kibaki's display of wanton wastage of tax-payer resources ( vehicles, choppers, planes, provincial administration, relief food, districts, game-parks, land, media-space etc) is now vogue; especially when such taxpayer-funded campaigning is done with impunity in broad daylight. In essence all Kenyans literally paid for the election of government stooges as MPs against their will (for most taxpayers) in the recently concluded by-elections. That's a prelude of what's to be expected in 2007 unless some minimum reforms are enacted.

An ODM luminary recently brought to Washington DC, a colored photo of a (government) military chopper (flown by a paramilitary pilot) distributing personal campaign posters (on behalf of a pro-government contestant) in the recent by-elections which shocked a Republican congressman here in DC. Another copy now hangs on the main board of a major US civil body dedicated to promoting & building third world democracies. Of course the many Kenyans who saw it were not shocked,.....but believe it or not, many Western capitals still think highly of Kenya's democracy (especially after the fall of the Moi regime in 2002) that they get shocked when they see such scenes common in autocratic societies.

The point is; leveling the political playfield is the responsibility of all citizens and governments in any democracy and Kibaki should not feel angry when the US or Britain sends state querries to his Foreign Affairs Minister demanding explanations for such undemocratic campaign behaviour exhibited by his Kiunjuris, Mungatanas and Tujus (ironically the top diplomat who receives such querries).

Kibaki himself, alongside Matu Wamae, James Orengo, Gibson Kamau Kuria and Kiraitu Murungi literally hopped between London and Washington in the late 90s putting pressure on foreign capitals to whip Moi into the reform path. They personally met the same foerign leaders now putting pressure on them to change. Moi acceded to minimum reforms (IPPG) and set the pace for constitutional review. It is now Kibaki's turn to play his role and accede to minimum reforms, some in the domain of ensuring free and fair elections.

Kamale, you also say that; I'll quote you;

Take the case of say the executive poaching opposition MPs. Surely can you blame the executive even if they bribed that MP to work with or even defect to join the executive? What you must blame is the quality of MPs that we elect! The fact that we have not legislated against briefcase parties or even grown democracy within our political parties where a definitive idealogy can be discerned of each of them is what gives us the quality of MPs that we have.

That's quite a point you raise which falls into reforms regarding political parties, coalitions and their funding. Your statement "the fact that we have not legislated against briefcase parties" is just part of the list of -what we have not legislated- in the broad sense. Such legislative actions are the urgent issues that may not wait for overhauling of the entire constitution. Those are the minimum reforms everyone including yourself as evidenced here, is talking about.

As for smelling the coffee, yes I can smell it. Kibaki is trying to rig the 2007 General Elections. He has done his rehearsal during the recent by-elections. That's his chess move. But - political leadership by opposition leaders willing to be at the frontline, popular public agitation and sophisticated civil society action involving international donors & bilateral trade partners, can make Kibaki accede to minimum reforms which would guarantee free and fair elections. That would benefit most Kenyans.

As for Ahmednassir's beautiful article, I already read it. Like I alluded earlier, in my view there are three groups of stakeholders in this minimum reform debate;
(a) Your conservative group led by Kibaki - the status quo proponents who don't mind sticking with the current constitution that immensely favours their personal interests (mostly wealth acquisition endeavours at the public expense). You would love to walk into 2007 elections with an unleveled playfied.
(b) Flexible reformists- the group I belong in, which also happens to include many ODM (LDP/KANU) folks- we desire total overhaul of the current constitution, but for sheer practical reasons (time constraints, lack of funding for review by Kimunya in 2006/7 budget, lack of political will by Kibaki's govt. etc) we will push for minimum reforms for the time being, including those that address the issue of free and fair elections.
(c) Hardline reformists- the Ahmednassir group, the LSK, KNHRC, NCEC, Orengo, Nyamwamu, Prof. Ogendo and probably my pal Abdulmote of jukwaa (I suspect) who want nothing short of a complete overhaul of the current constitution. I have nothing but total respect for Ahmednassir for his CONSISTENCY and CREDIBILITY. Same goes to all his peers. I argue slightly differently, that we may need to start with minimum reforms to set the stage for comprehensive reforms since we currently have a major political stumbling block called the Kibaki government which has to be dealt with first. That's all with regard to this.

As you can see,... groups (b) and (c) have one thing in common - desire for reforms. Group (a) only wants to entangle the reform talks with one man called Raila, so as to scuttle the reforms altogether in propaganda, .....and continue the party with the same old constitution.

Lastly, ati who did you say the Narc-K chairman is? Pleeeeeeeaze.

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job

[politicalmaniac]

Job,
Wonderful expose.
My biggest worry is this issue of voter registration.
Why limit it to a month jameni, esp in view of the fact that a lot of youth in the Non Gema/NARCK areas (this is a sad fact) have no ID's?

But as I alluded to above. If someone has no sense of justice, No sense of meritrocacy, well written, well argued points that you have presented above wont be appreciated by these folks. But Job, dont quit! May be one of them will see the light!