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.