GIVEN A CHANCE, WOULD YOU VOTE FOR THE NEW CONSTITUTION AGAIN?

The  month of august marks a significant period when Kenyans voted for and promulgated the constitution on 4rth and 27th respectively.

Since then, kenyans have witnessed a series of attempts, by both the executive and the legislature to circumvent the constitution to achieve their own selfish ends. The executive, led by president Kibaki has been criticised of making unconstitutional appointments. The latest appointments of county commissioners by president Kibaki which was nullified by the by a court ruling back in June clearly manifests this assertion. The prime reason for the court ruling was that, through the appointments, president Kibaki had contravened several sections of the constitution.

  

Parliament has also been accused of conniving and acting as a stumbling block to constitutional implementation. The latest of these attempt regards the approving of an already watered down integrity bill to the dismay of the public, civil society, and the constitution implementation commission (CIC). The original form of the bill had especially raised the integrity standards for those who wanted to vie for elective posts.

Out of the three arms of government, only the judiciary has refrained itself from these mischievous tendencies. Led by chief justice Willy Mutunga, the judiciary has made some land mark rulings that has put it at loggerheads with both the executive and the legislature. one of them is that mentioned earlier where the courts nullified the appointment of the county commissioners by president Kibaki.

In light of the above observations, therefore, several questions come to the fore; would Kenyans vote for or against this constitution if the referendum was held today? What has so far been achieved since the promulgation of the constitution? are we better off now that we have a new constitution than we were before? These are very pertinent question as we celebrate two years since we promulgated the constitution. We need to be aware of old habits; for old habits die hard and unless we resolve to shun the past shall we march forward to the future.

That is why we need to take stock of what we have achieved and what we have not. we need to stop and ask ourselves why we continue to embrace age old practices even when a new constitutional order is staring us in the face. For example as mentioned earlier on the ruling class still exhibit yesteryear's authoritarian tactics of governance. And because these are the leaders we elect, is there a  possibility that their actions reflect our character as the electorate?

 Lets first look at how Kenyans voted during the 2010 referendum. more than four million (70%) Kenyans voted for the new constitution compared to more than two million (30%) who rejected it. Although majority of Kenyans were in favor of the new laws, we can not ignore those who were not in favor. Some of those who rejected the new laws were not comfortable with certain sections in it.  Have their concerns been adequately addressed? I don't think much have been done to address their concerns. Don't forget that some of them are members of parliament and even form part of the executive. This means that they can use their positions to ensure that the implementation process is derailed; or if some bills are passed, they are changed to suit their intentions.

Secondly Kenyans need to be reminded of the dark past. It took only 28 amendments of the independence constitutions to weaken institutions, strip parliament of its powers and render the judiciary toothless. If we are not careful we will walk down that path again. we need to say No to the those who are hell bent in taking back every time we try to move forward. The new constitution has given citizens powers to stop the ruling class, right in its tracks, if citizens feel that what they are doing does not reflect the aspirations of Kenyans. One of these is the power of universal suffrage. Come March, 4rth  2013, all Kenyans who love this country should come out in large numbers and vote out those politicians who are not fit to be called leaders. Lets also vote in those who qualify to be leaders of integrity.

Thirdly, the bright future that Kenyans long for is possible to attain. The Judiciary has proved to Kenyans that it can reform. Other institutions can also reform. Yes, let nobody lie to you that that is not possible. But it all begins with you and me.