Tuesday, September 13, 2005

Voting NO...The Kenyan Constitution Issues

This was written by a gentleman named Hawi in a group email. I dont even know him. If anybody is wondering why we are voting No, and not just because oranges taste better than bananas, here goes.
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Wako and his group of conmen took the draft to Kilifi and turned it into achild's play. It is a very cruel joke on poverty stricken Kenyans. It is apity that after a polished academician in the name of Yash Pal Ghai tooktime to come up with something really serious and admirable, some childishfellow Africans can actually take and turn the whole thing into a childishprank. At this rate we shall never get out of our poverty. Not now, not inthe near future. Look at it this way :
1. The reason people of Kenya wanted a new constitution was to clip thepowers of the President which had been abused in the past. Has this Wakodraft done that ? No it has in fact enhanced it. For example whereas beforeit was impossible to garner 65% majority vote in parliament required toimpeach the President, you now require 75%. Who asked for this ?
2. The introduction of religious (not Kadhi's) courts is the sickest jokeWako could ever have come up with. We all know that our courts are based onEnglish common law which is Christian in origin. How is it practical againto have a Christian court ?
3. Whereas it is true that there is a lot gained in terms of civil rights,women's equality, culture, citizenship etc, these rights will nevertranslate into reality until the President stops being the Emperor and Queenof us all. In any case, those rights were entrenched, not by Wako, but byBoma's draft.
4. Devolution of power to the grassroots level has been whitewashed by Wako'draft as it has taken away the structures that would have ensured thatdevolution works to the advantage of the local villager in the remotest orany part of Kenya.
5. The height of conmanship comes clearly across when the President tells usthat the provincial structure will remain intact while the Wako bill andKiraitu (on TV) clearly state otherwise.6. The whole process of constitution making is flawed because
:a) It has not been participatory and democratic from beginning to the end(Wanjiku, Asha, Nanjala and Otieno have not been involved in every stage)
b) The current constitution does not cater for it.c) It is therefore an exercise in futility that will no bear any fruit. All thepoliticians know this.
Yet after wasting Sh4.5 billion, they are willing to go to the polls and waste another Sh2.5 billion. All for nothing.Two things will happen. The NO vote will carry through as Kenyans are notwilling to be conned again. If it does, we will be back to square one. Theonly redeeming thing is that we will have an excuse to start another processof constitution making. Secondly, a judge will stop the whole processthrough a court order. Again we will be back to square one. So even before we discuss culture gains in the constitution, we need to askourselves whether it is worth talking about if the whole process is flawed. I will vote NO. I ask you to go and vote that day, if it ever comes. It isyour right to vote. But know that there will be no new constitution comes in December. Regards

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