Post by adongo12345 on Aug 22, 2006 1:32:28 GMT 3
Adongo Ogony
I am glad the ODM accepted to attend the Martha Karua roundtable consultations on constitutional reforms. Karua cut her own foot when she called the meeting and at the same time ruled out any discussions on minimum reforms. There is no need to call a meeting when the outcome is predetermined. That said it would have been a mistake for the ODM to boycott her meeting and give her an excuse to blame the ODM as the ones blocking negotiations.
Also I think this meeting which we all suspect will not achieve much is necessary to get us away from the acrimonious tone set by President Kibaki when he responded to calls for minimum reforms.
Speaking at a public rally in Mombasa, Mzee used the following words spiced with his famous “pumbavu” references.
"Mlipigana makofi wakati huo ati hamutaki… haiyayaya. Constitution hapana kitu ya mchezo. Sisi sio wapumbavu au watoto. (You fought to reject it that time. A constitution is not a joke. We are neither stupid nor children),"
"Baada ya kuregarega huko, sasa unasema unaitaka haraka. Kwani hukuwa na haraka mwaka uliopita?.......Ati sasa wanataka hata kama ni kidogo. Hakuna haraka. Kwani wanafikiri tutahama? Tunakwenda wapi? Kama unajua unakufa, wee kufa tu!"
This is kind of sad coming from the president himself. Obviously Kibaki doesn’t get it when it comes to the constitutional reforms. It is alarming that Kibaki still does not understand why Kenyans rejected the Wako Draft.
The president is blaming those who rejected the Draft as the reason we don’t have a constitution. This is the classic blame the victim syndrome. It is like a rapist blaming his victim by alleging that the woman had short clothes and provoked him into committing the crime.
Kibaki is telling the 60% Kenyans who rejected his katiba that we have ourselves to blame for having refused whatever he offered us. Mzee needs to understand that if his government were to try again to ram down our throats a cooked up constitution that does not take into consideration the views Kenyan gave the CKRC, we will reject it again.
The more frightening aspect of all these is that months after receiving the Kiplagat report which the president himself commissioned to provide him with a roadmap to constitutional reforms, Kenyans are yet to hear what that roadmap is.
Kibaki finds it more urgent to answer his political opponents calling for minimum reforms but completely ignores the millions of Kenyans waiting to hear from him in terms where to go from here. Now we hear Karua meeting is to talk about the Kiplagat report. What have they been waiting for?
Nonetheless Kenyan politicians need to embrace dialogue as a tool of resolving problems. The idea that politics means leaders shouting at each other is slightly outdated. Kenyan politicians like to refer to their opponents’ ideas and initiatives as “inconsequential” while their own initiatives are “inevitable”. This is the toxic political environment we operate in and naturally it has not been very productive for the average Kenyan.
Ironically when it comes to increasing their salaries and benefits all our MP’s from all parties always act in unison and harmony and such bills are usually passed in record time. Why not bring that “work ethic” to something as important as the constitution, which affects all Kenyans?
My advice to the MP’s in the Karua meeting is that dialogue for its own sake just to pretend something is being done is not going to be acceptable to Kenyans
Also I think it is time Martha Karua and the Kibaki government understood that the constitution is not a government project. As a matter of fact the constitution making is not a project for politicians and MPs alone.
So what do we do?
Before I answer that question let me say something about the annoying statement from the Catholic Bishops lecturing Kenyans about constitution making.
In opposing the call for minimum reforms, the Bishops had this to say:
“The wounds of the national referendum of last year have not healed and the nation remains divided to some extent. The time to heal is now. All leaders must take every opportunity to work towards reconciliation, national healing and peace building so that we approach the challenges ahead with reason, sobriety and as one nation”
I find this statement almost insulting. How on earth are we going to heal the wounds of the referendum when we can’t even talk about minimum reforms that touch on the most basic things such as free and fair elections?
Wouldn’t this be the best chance to start to bring the nation together by agreeing to put into the constitution things that we all agree on? Nobody opposing the minimum reforms has cited a single item they don’t agree with other than making wild allegations about seats for the ODM members.
My understanding is that when you have a wound you treat it so that it can heal. It seems the Catholic Bishops believe you heal a wound by covering it with a dirty blanket and pretending it doesn’t exist.
And how shall we know when the wounds are healed so we can start talking about the constitutional reforms? Are the Bishops going to have to update Kenyans on the status of the national wound?
These same Catholic Bishops told Kenyans they cannot take sides on the referendum and would leave their so-called flock to vote with their conscience. What is wrong with the conscience of the flock this time around? Did they loose it somewhere? If the Church leaders want to sell their souls to the government that is their problem but for god’s sake stop insulting the intelligence of Kenyans.
As for the Karua meeting and similar initiatives we need to get a few things accomplished.
First, if the government is committed to comprehensive reforms that is fine. We need to know if the same government has set a side any money in their budget to complete the process before the forthcoming elections. If not how do they intend to complete the process and when? I hope the government is not trying to tell Kenyans that they intend to carry out their comprehensive reform after we elect them because there is no guarantee we will elect them. The government should tell us what they will do before the elections, not what they will do after the elections. They have been in power for the last four years and have one year to go..
Second when is parliament going to enact a new Constitutional Review Act to direct the process? It is ten months since the referendum and I find it curious that people talking about a comprehensive reform have not done the single most basic thing, enacting that process into the law. We need this Review Act whether we are having the minimum reforms or not. The Review Act is under Ms Karua’s docket.
Third we need all stakeholders including the civil society groups and faith groups involved in the consultation process both for developing the new Review Act and for the debate on minimum reforms. Those not interested in neither are free to abstain and plead their case with Kenyans. I found the position of the Kenya Human Rights Commission (KHRC) the most absurd. KHRC actually urged Kenyans not to participate in any debate or dialogue on minimum reforms. This is the first time I have heard a human rights group telling us we are not supposed to debate or dialogue on an issue so important to all of us. I would imagine KHRC may want to revisit that position. I personally support the NCEC position that we need the comprehensive reform before the elections, but we should always remember that there is nothing to stop Kibaki from dissolving the 9th parliament and taking us to General Elections even tomorrow if he so wishes. My point is that all the voices should be accommodated if we really want an inclusive process.
Fourth since both the ODM and Ford Kenya have come with very clear items for minimum reforms which include among others independence of the ECK, clear-cut legislation against use of taxpayers resources to campaign for votes, presidential election procedures and presidential powers, fixed number of cabinet positions, removing the life of the legislature from the whims of the president, affirmative action for women, youth and people with disabilities, dual citizenship and the right to vote, legislation on coalitions etc, let us hear what others want and debate the issues not the personalities involved.
I am yet to hear anybody proposing the creation of a PM’s office with deputies and yet those opposed to minimum reforms keep reciting these fictitious allegations as the reason they oppose the reforms. Of course there are many other issues I for one would like debated in the minimum reform package but we must remember we call them minimum reforms for a reason.
Last but not least lets have a civilized debate even if we disagree on things. The yelling and screaming and trying to put words in our opponent’s mouths will not advance the debate one iota.
Let us get away from the dialogue of the dead where parties come with fixed and rigid positions and dialogue is reduced to people accepting what others want. That is what ruined the Wako Draft. Kiraitu was too rigid to negotiate with fellow MPs and was too terrified to go for changes that required two-thirds majority in parliament because he couldn’t get the numbers. They rushed the Wako Draft through thinking the government could buy the people of Kenya. It didn’t work. Lets have real dialogue with real changes not just some cosmetic makeovers to appease Kenyans.
Those who want the reforms should articulate their position present the issues to Kenyans and take the proposed amendments to parliament. If they have the numbers let the changes be enacted into law. If Narc Kenya gets its way and blocks the reforms that is fine, we will deal with them at the polls. Lets see if all the MP’s they are buying can keep them in power.
The writer is a human rights activist.
I am glad the ODM accepted to attend the Martha Karua roundtable consultations on constitutional reforms. Karua cut her own foot when she called the meeting and at the same time ruled out any discussions on minimum reforms. There is no need to call a meeting when the outcome is predetermined. That said it would have been a mistake for the ODM to boycott her meeting and give her an excuse to blame the ODM as the ones blocking negotiations.
Also I think this meeting which we all suspect will not achieve much is necessary to get us away from the acrimonious tone set by President Kibaki when he responded to calls for minimum reforms.
Speaking at a public rally in Mombasa, Mzee used the following words spiced with his famous “pumbavu” references.
"Mlipigana makofi wakati huo ati hamutaki… haiyayaya. Constitution hapana kitu ya mchezo. Sisi sio wapumbavu au watoto. (You fought to reject it that time. A constitution is not a joke. We are neither stupid nor children),"
"Baada ya kuregarega huko, sasa unasema unaitaka haraka. Kwani hukuwa na haraka mwaka uliopita?.......Ati sasa wanataka hata kama ni kidogo. Hakuna haraka. Kwani wanafikiri tutahama? Tunakwenda wapi? Kama unajua unakufa, wee kufa tu!"
This is kind of sad coming from the president himself. Obviously Kibaki doesn’t get it when it comes to the constitutional reforms. It is alarming that Kibaki still does not understand why Kenyans rejected the Wako Draft.
The president is blaming those who rejected the Draft as the reason we don’t have a constitution. This is the classic blame the victim syndrome. It is like a rapist blaming his victim by alleging that the woman had short clothes and provoked him into committing the crime.
Kibaki is telling the 60% Kenyans who rejected his katiba that we have ourselves to blame for having refused whatever he offered us. Mzee needs to understand that if his government were to try again to ram down our throats a cooked up constitution that does not take into consideration the views Kenyan gave the CKRC, we will reject it again.
The more frightening aspect of all these is that months after receiving the Kiplagat report which the president himself commissioned to provide him with a roadmap to constitutional reforms, Kenyans are yet to hear what that roadmap is.
Kibaki finds it more urgent to answer his political opponents calling for minimum reforms but completely ignores the millions of Kenyans waiting to hear from him in terms where to go from here. Now we hear Karua meeting is to talk about the Kiplagat report. What have they been waiting for?
Nonetheless Kenyan politicians need to embrace dialogue as a tool of resolving problems. The idea that politics means leaders shouting at each other is slightly outdated. Kenyan politicians like to refer to their opponents’ ideas and initiatives as “inconsequential” while their own initiatives are “inevitable”. This is the toxic political environment we operate in and naturally it has not been very productive for the average Kenyan.
Ironically when it comes to increasing their salaries and benefits all our MP’s from all parties always act in unison and harmony and such bills are usually passed in record time. Why not bring that “work ethic” to something as important as the constitution, which affects all Kenyans?
My advice to the MP’s in the Karua meeting is that dialogue for its own sake just to pretend something is being done is not going to be acceptable to Kenyans
Also I think it is time Martha Karua and the Kibaki government understood that the constitution is not a government project. As a matter of fact the constitution making is not a project for politicians and MPs alone.
So what do we do?
Before I answer that question let me say something about the annoying statement from the Catholic Bishops lecturing Kenyans about constitution making.
In opposing the call for minimum reforms, the Bishops had this to say:
“The wounds of the national referendum of last year have not healed and the nation remains divided to some extent. The time to heal is now. All leaders must take every opportunity to work towards reconciliation, national healing and peace building so that we approach the challenges ahead with reason, sobriety and as one nation”
I find this statement almost insulting. How on earth are we going to heal the wounds of the referendum when we can’t even talk about minimum reforms that touch on the most basic things such as free and fair elections?
Wouldn’t this be the best chance to start to bring the nation together by agreeing to put into the constitution things that we all agree on? Nobody opposing the minimum reforms has cited a single item they don’t agree with other than making wild allegations about seats for the ODM members.
My understanding is that when you have a wound you treat it so that it can heal. It seems the Catholic Bishops believe you heal a wound by covering it with a dirty blanket and pretending it doesn’t exist.
And how shall we know when the wounds are healed so we can start talking about the constitutional reforms? Are the Bishops going to have to update Kenyans on the status of the national wound?
These same Catholic Bishops told Kenyans they cannot take sides on the referendum and would leave their so-called flock to vote with their conscience. What is wrong with the conscience of the flock this time around? Did they loose it somewhere? If the Church leaders want to sell their souls to the government that is their problem but for god’s sake stop insulting the intelligence of Kenyans.
As for the Karua meeting and similar initiatives we need to get a few things accomplished.
First, if the government is committed to comprehensive reforms that is fine. We need to know if the same government has set a side any money in their budget to complete the process before the forthcoming elections. If not how do they intend to complete the process and when? I hope the government is not trying to tell Kenyans that they intend to carry out their comprehensive reform after we elect them because there is no guarantee we will elect them. The government should tell us what they will do before the elections, not what they will do after the elections. They have been in power for the last four years and have one year to go..
Second when is parliament going to enact a new Constitutional Review Act to direct the process? It is ten months since the referendum and I find it curious that people talking about a comprehensive reform have not done the single most basic thing, enacting that process into the law. We need this Review Act whether we are having the minimum reforms or not. The Review Act is under Ms Karua’s docket.
Third we need all stakeholders including the civil society groups and faith groups involved in the consultation process both for developing the new Review Act and for the debate on minimum reforms. Those not interested in neither are free to abstain and plead their case with Kenyans. I found the position of the Kenya Human Rights Commission (KHRC) the most absurd. KHRC actually urged Kenyans not to participate in any debate or dialogue on minimum reforms. This is the first time I have heard a human rights group telling us we are not supposed to debate or dialogue on an issue so important to all of us. I would imagine KHRC may want to revisit that position. I personally support the NCEC position that we need the comprehensive reform before the elections, but we should always remember that there is nothing to stop Kibaki from dissolving the 9th parliament and taking us to General Elections even tomorrow if he so wishes. My point is that all the voices should be accommodated if we really want an inclusive process.
Fourth since both the ODM and Ford Kenya have come with very clear items for minimum reforms which include among others independence of the ECK, clear-cut legislation against use of taxpayers resources to campaign for votes, presidential election procedures and presidential powers, fixed number of cabinet positions, removing the life of the legislature from the whims of the president, affirmative action for women, youth and people with disabilities, dual citizenship and the right to vote, legislation on coalitions etc, let us hear what others want and debate the issues not the personalities involved.
I am yet to hear anybody proposing the creation of a PM’s office with deputies and yet those opposed to minimum reforms keep reciting these fictitious allegations as the reason they oppose the reforms. Of course there are many other issues I for one would like debated in the minimum reform package but we must remember we call them minimum reforms for a reason.
Last but not least lets have a civilized debate even if we disagree on things. The yelling and screaming and trying to put words in our opponent’s mouths will not advance the debate one iota.
Let us get away from the dialogue of the dead where parties come with fixed and rigid positions and dialogue is reduced to people accepting what others want. That is what ruined the Wako Draft. Kiraitu was too rigid to negotiate with fellow MPs and was too terrified to go for changes that required two-thirds majority in parliament because he couldn’t get the numbers. They rushed the Wako Draft through thinking the government could buy the people of Kenya. It didn’t work. Lets have real dialogue with real changes not just some cosmetic makeovers to appease Kenyans.
Those who want the reforms should articulate their position present the issues to Kenyans and take the proposed amendments to parliament. If they have the numbers let the changes be enacted into law. If Narc Kenya gets its way and blocks the reforms that is fine, we will deal with them at the polls. Lets see if all the MP’s they are buying can keep them in power.
The writer is a human rights activist.
