beware here comes a constitution, our constitution

Ladies and Gentlemen;

Here comes a platform for national interaction, yes.... the constitution of Kenya 2010.

who are we
how do we engage
what is our point of entry

is it in the celebration
or is medias in res
or is it by critiquing others when they do
or is it in doing and taking the flak
or is it in watching...the watchperson for the watchword
or is it joining in in any of the constitutional commissions
or is it in philosophising from the countryside
or is it in taking the constitutional truth to the people
or is it in mobilising the people to do...what?
or is it in recasting the struggle
or is it in silence...consumed by irrational self-reflection
or is it in flamboyance: change has come, so why bother


people.

beware the change of slogan from Uhuru na Mashamba to Uhuru na Kazi...beware the change from KANU yajenga Nchi to Kanu ni Baba na Mama...beware the change from Moi must go to the MOU must be respected...beware the campaign mode that gripped this country from 1997...beware the reformers of yesterday...beware

now, what am i doing? insatiable ingrate? a pale aesthete?

haya. sawa.

Ammendments kitu Gani?

You know, when you join a political Campaign, take a day or two to prove your worth ( if it is not already known) then demand you get terms, written or you get paid upfront. If you do good faith work, expect no pay or appreciation beyond thank you. . . really, what do you want?

If you complicate this alittle and you are given a deal, that you refuse outrightly and go on to campaign against the people offering you the deal, DO NOT turn around and require that the deal be honoured! it is absurd, it is naive.

So thos epeople talking about ammendments should know several things

1. They were thrashed so hard during the referendum they should first seek medical attention (counselling is apt)
2. Katiba ni Sasa!
3. political negotiations are over...if you want to, take a rope!
4. Katiba ni Sasa! was taken up by the people. Kibaki, Raila and Kalonzo are not the people...they are just three men who are good at using our money in the pretext that they are leading us
5. The PCK is now the de facto constitution of Kenya. Whether u like it or not, it will be the de jure constittution of Kenya on or before 20th August 2010...NO ONE can bwogo it!
6. The Constitution of Kenya has its own mechanisms for ammendment. Follow them or take a rope!
7. The constitution of Kenya MUST be implemented in toto!
8. Ammendments kitu gani? what do we ammend?

If you have not heard, Katiba ni Sasa! Katiba sio Siasa!

We've done it!

ELOG projected and said:

68.8% YES
31.2% NO


All the accolades go to Kenyans, who, having suffered the greatest injustices in the hands of the current constitution, having cried and been taken round and round by the political class, joined hands and said WE WANT! so loudly that the nay sayers walked around with eyes cast down...

AMEN!

Now the difficult part: implementation.

Wait: we are equal to it.

Harambee harambee tuvute pamoja
Tutekelezee katiba yetu!

Katiba ni sasa! Mageuzi ni Sasa!

Remaking the Country

vijana wanasema ati niko na date,

date mazee na destiny!

Haya.

Something interesting happened to me yesterday in Kalanzoni - Kilome Constituency, the backyard of Rev Kaleli, he of the Kabarak fame. I had just been treated to the sore sight of a white elephant in the name of a college that had been built halfway, abandoned and falling to waste: i said wow, see the waste!

And then i met this woman, who upon listening to us talk about the provisions in the PCK, wanted to know whether what i was reading is actually written in the document i was holding aloft. I said yes, and showed it to her, complete with a witness.

she sighed and said, Hiyo yako ni ile katiba ya YES!, lete ile ya NO! tuisome nayo.

I said mama, hakuna katiba ya yes naya ndio, there is only one Proposed Constitution of Kenya.

She said, you know you are like my son, don't lie to me, is there only one PCK?

I said yes!

and she said, if there is only one, and it is the one you were reading from, I will vote yes!

The crowd of more than fifty cheered us, and two pastors (they had collars at least) walked away...

AMEN.

breaking news!

moi yesterday said that torture, disappearances of people, violence, nyayo house chambers, disemployment of people, crackdown on non-nyayoists, the architecture of political buffoonery etc ad nauseum was for the good of the country.

want to know who was sitting next to him and clapped?

KOIGI wa Wamwere.

amen.

sing with me: Keeenya, nnnnchi yetu, tuuuunaipendaaa saana!

just a moment!

sisters and brothers,

ever asked yourself why we have not had a constitution so far despite the many efforts we have put (i mean a 24yr call is no mean time)?



i discovered yesterday.



we in Kenya behave like a bunch of spoilt children!



NO ABUSE INTENDED.



Imagine this: if you said something that was right, and i see you are glorified in it, and i see you have a point, i will do all i can to take you down a peg or two, just so that you feel my presence.



some of the christian clergy say that this constitution allows abortion, and that Art 26 (4) should have been written thus: "Abortion is not permitted." in their view this would stop abortion.



Prof Wanyande yesterday in a KARA meeting asked; what does the sixth commandment say? "Thou shalt not commit adultery"



Kenyans, Christians and all: Do you know anybody who has broken that commandment? If so, why did she/he do it? what encouraged him/her? or is it because it panders on adultery on demand.



I then knew why we have not had a constitution.

your date with destiny

We have come such a long way, such a long long way away.

But here we are, negating stasis, propagating positive motion of both mind and body, sacrificing ourselves along the way, all the way.

From the blood in the bushes during the Mau Mau to 'blood on the runway' (as one famous book on Wagalla massacre is known) during the height of dictatorial rule, to blood in the holy church (reminiscent of Njoya's renown beating), to bloody hands in the 2007/8 violence (all of us had blood in our hands, having murdered or watched murder or abetted murder: no Kenyan was spared), to the present where we have voices everywhere: shouting in the wildernesses of Kenya: vote no! vote yes!

we, indeed, have come along way away.

Phew! At least, everybody says that you must vote.

And that is the important thing, Kenyans must prepare to vote in the coming referendum, and vote for a position they can defend (without being hysterical about it) to the death.

I mention hysterical because all people who do not have good reason to do something, or people who have an hidden agenda - especially of self preservation-, or people who are maniacal, or people who are outright liars in a hurry not to be caught; all these people tend to shout, to yell, and to threaten.

Blessed are the truthful, for they shall not have to shout to make a point.

August 4th then is your date with DESTINY!

Vote for a new Kenya or vote for maintenance of status quo.

Tukutane kwa debe!

katiba ni moja tu

This nonesense about two drafts should come to an end!


there is only one draft...the one that does not have the words "national security" inserted in Aticle 24 (1) (d)

Amen!

Now, let's go to the phase of civic education

And those YES/NO Campaign guys should be told to hold their horses.

Honestly, to vote either NO or YES is your RIGHT...

Honestly, to tell the TRUTH when convincing others of your position is your RESPONSIBILITY

Twende kazi Wakenya.

Kenya for reforms

Did we have an election in 2007 in Kenya Really?

How come, then, that we can have two so said elected MPs washed away by the tide of court cases in one swoop in an afternoon today? Wanjiru, Thuo...


We should first-forward 2012 to send all these noisemakers home. They are all fakes!

Wanjiru, what will you do now? go to church, rather, to JIAM, and tell the people that it is the devils work? that the court is evil and that Kamanda was an agent of the devil? what will you say? what happened to your prayerfulness? so you stole the vote? what else have you stolen? No wonder you are against the getting of a new constitution.

haya!

and now here we are; on the path less travelled

my bible knowledge keeps on getting mixed up with other worldly things, so i do not know whether the title alludes to a poem by one of those pale aesthetes from Europe or from the Bible reference to the road leading to heaven...

whatever it is, it is clear i am in trouble

And my trouble is simple: I risk NOT going to heaven if I continue moblising people to vote yes! and vote yes! for this new attempt at a constitution for Kenya.

Reason: Our betters, the people who know best on faith matters, the leaders of the flock of Jesus on this sinful world, the strong men (rarely women) who have chosen the path of righteousness, have said it is bad, evil etc etc...i have not yet heard satanic, but maybe that's what they mean.

xxxxxx
....well... eeh ... honestly... i mean eeh actually, this constitution only resolves the rich-rich conflict arising out of the 2007 elections (what we may call the intra-class rivalry that pulled the whole of the country to the precipice of a failed nation), it is an agenda 4 item, but has quite a number of gains for ordinary Kenyans
xxxxxx

But, really, what chances of going to heaven do i stand when i have not even prayed before asking people to VOTE YES. What impetuousness i display?

If it is said on the day of judgement that I am abetting sin, that i have assisted the community of Kenyans to indulge in exercises that have no Godliness in them, what will I say?

Yet, verily I say unto you, the road less travelled, the narrow road, leads not to church, BUT to God.

Amen.

the week that matters

Countdown to Thursday afternoon vote starts today!

Thursday, alas, is 1st of April, aka April fools day.

No! foolering gobledegookingness!

Katiba ni sasa!

MPs must pass the constitution as it is.

WHY?

Because, honestly, we must realise that we will never get a constitution that fits every body's demand, a constitution that satisfies all.

Kenyans must understand that the reasons used today to defeat the constitution will be irrelevant tomorrow and that others will rise up to defeat any other future attempt.

if we delete clauses 2, 3 and 4 in the Article 26 and we delete all clauses referring to the Kadhi's court - to assuage some Christians - we will have to delete others...so far unknown... to assuage Muslims, pro-life campaigners and minorities.

if we create regions - to assuage the anger of some rift valley leaders and to please the coastal people - we will create village assemblies to assuage MY consternation (why can't the people of Mangwe, and all small isolated and unconnected villages legislate!).

That is the point, we will never see the end of this.

Those politicians saying that we have the opportunity to create a better constitution now should know that they define "better" from the viewpoint of the clause they want amended, not from my or your perspective.

let us learn humility, to accept that we have failed for 20yrs plus, and it would be a great boost to the morale of this country to succeed just this once.

and so April fools day beckons, may it be that some MPs - who have suggested amendments- will fool themselves by trying to cheat the world that they are the true nationalists.


this is the week that matters.

I have no problem with KIA, but...

KIA


this is a place where they train administrators of the Provincial Administration ilk...as in, it is a place where you go to to learn how to work for the government, how to implement policies handed down to you by the President...



the constitutonal debate is talking about a change of culture, a change of the essence of service provision from the monolithic presidential to the communal devolution. Can this be done in a strait jacketed place?



NO.



I am not paranoid about where MPs meet. I was against Naivasha, and now i am against KIA, but judging from the fact that MPs by Friday 19th Marcg 2010, one and half days into the "retreat" had agreed to decentralise resources as oppossed to devolving power, this is the wrong place.

can you imagine an MP legislating at the National Level then going on to be a Governor of the Constituency? Ati the constituency is the lower level of devolution? and the MP is the sole decision maker? ostentation! plus!

These guys are too much!

so what is the right place? Parliament. You know in parliament there is freedom of speech and you dont have to fear libel charges...it provides an opportunity to say the truth without being afraid.



xxxxxx



the CoE must be strong enough to just say no to any suggestions that go against the wishes of the people. kudos so far to the committee, but this is the time for you guys to be strong, msimame kidete na mseme vile mliambiwa na Wakenya.

The Church and the Constitutional Debate

A [wo]man can get exasperated!

You know, i have always thought, now i know it was due to my naivety, that the church, and all religious groups for that matter, were makers of peace.

But i should be quickly reminded that Jesus took a whip and chased people who had turned the house of God into a market! In the same vein, the church of Christ shall not compromise evil.

In 1992, in Rift Valley, i was told a story by a girl who was a victim of ethnic clashes that went on like this " I have, all my life, known that man as the man who preaches the word of God, but that day i saw him cut my father's head off...i was at the window, and i saw my father's head fall down...see the blood sprouting from his shoulders...seeee!" of course what followed was a cataclysmic cough, a violent shiver and convulsion....

She was nine years old.

Every time i think of clashes, i wonder, where did she go?

In 2007, i was told that some churches were uncomfortable with people seeking shelter in their compounds, that actually some sent people, who sought refuge there, away.

Of course the Kiambaa church burned itself, it got annoyed with the people inside and as a result it caught fire.

Let me repent: the examples i give above can only be associated with the rotten apples in the basket of the church, people of evil spirit who hide in the church, and not the church itself.

You see, the most admirable part about the church in Kenya is that it has a clear sense of guilt for commission: The religious group apologised later in 2008 for having let us down, having let the country down, and [if i heard correctly], there was a promise that they shall preach peace.

The church, by a statement signed today, is preparing to REJECT a constitution that has Kadhi's courts. In other words, the church is prepared to make war.

OK. so be it.

If the church rejects this proposed constitution, we shall still have Kadhi's courts since they are there in the present constitution. The church should have ensured that the Kadhi's courts were struck off from the present constitution.

Secondly, the constitution that we have, and the one being proposed are CLEARLY written in the JUDEO-CHRISTIAN spirit and tradition.

Nobody sees this.

Whom does the church consider evil? Muslims? Pagans? Atheists?

Kenyans, we are not making a constitution for Christians, we are making a constitution for Kenyans! And in Kenya, there are Atheists, Muslims, Pagans etc.

Katiba ni Sasa! Don't Open the Document!

Ten Reasons why the National Assembly should not open the Proposed Constitution of Kenya

Parliament has the leeway to open and with 65% majority, effect changes to the Proposed Constitution of Kenya as was presented to them by the CoE on 23rd Feb 2010. We must beseech them not to bother satisfying their egos. We must ask them, for the interest of this country, to let go of this right they have. The prospect of their changing the draft is very disconcerting. The reason is not that the Proposed constitution is good, no, it has many flaws some of which include a weak Senate, a debased sense of devolution, the AG office being unchecked, the NA having no one to check it, etc. The reason is that it is totally impossible to know where the MPs would stop. A close friend the other day [re]told the story of the ogre that told the small girl left at home alone by her mother and warned not to open the door to any one "I won't eat you, i just want to suck your small finger!" the rest is known! I was reminded of the story of the camel that asked to have only its head sheltered,this was accepted, the Gabra story goes on to tell how very soon the owner of the home and the camel were shelterless.

Some members of parliament, pushed by personal interests, group interests and most of all by the desire to maintain status quo, may be tempted to go the PSC way and murder the proposed law. All kinds of changes may be made and then we will have an annoying document.

I say to MPs: do not touch the document, ignore PSC, don't even be worried that you may seem to support a certain political party...no, do it for Kenya!

Here are some reasons.

1. There is a framework to ensure checks on executive power for instance through requirements of approval of appointments by the National Assembly and provision of a role for Senate in impeachment of the President in line with requirements of a presidential system

2. There are provisions that will enhance representation of women in elective and appointive positions

3. Some of the issues that have been over time raised by the disability sector such as recognition and representation have been provided for

4. There is an expanded bill of rights

5. Provisions for realisation of socio-economic and cultural rights have been strengthened

6. There is a framework for devolution of power through counties and the Senate as a legislative body

7. Introduction of proportional representation at both the National Assembly and Senate

8. There is provision for citizens to recall non-performing MPs and to petition parliament for legislative actions to redress their concerns

9. There is provision for citizens to take part in amending certain parts of the constitution via referenda, which is empowering for citizens

10. Progressive provisions have been made on the Land Chapter which will enable the country to commence serious land reform. These include provisions providing for maximum and minimum acreage that an individual may hold, recognition of community land and the limitation of lease on land held by non-citizens

These are some of the things we have been fighting for. Imagine the window of opportunity we got in 1991 with the repeal of Section 2A of the present constitution! That alone laid the groundwork for a wide range of democratisation processes! Then, now imagine what opportunities for reform will exist with these provisions coming to bear.

As MPs debate the Proposed Constitution of Kenya in Parliament, Kenyans must collectively call upon them to safeguard the gains made so far. Kenyans must prevail over Parliament not to change progressive provisions of the Proposed Constitution of Kenya that capture their collective aspirations.

kiplagat kiplagat kiplagat

kiplagat, kiplagat, kiplagat...why is it that some people chose not to appreciate the nature of healing...that it feeds from truth and that truth lights the healing fire...kilagat, kiplagat, kiplagat...why is it that you have taken the stance of former ECK chairman, the man kivuitu, why are you seeming to arrogantly say "if Kenya does not heal, i do not heal with it too"?

and let me tell you, this is not a matter that can be dealt with by means of a legal argument. no it can only be dealt with through a moral argument.

and it is not because you come from a certain community, no. it is about your morality, your truthfulness.

who, i ask, is the man woman force government country office behind you that gives you so much arrogance in your veins?

what is it that we need to know, what is it that you know, something that constitutes your past or even the brief you got on the appointment, that we need to know as a country.

why do you want to preside over a travesty of truth and healing?

why are you mocking Kenyans? why are behaving like the true African dictators (as long their is a law which legitimises you, you are ok).

WHY?

Kibaki may not fire you, or a tribunal may not find you guilty, but you are dead in the water!

take a walk, don't kill the commission, don't pollute the healing spa of Kenyans!