Post by email from judy on Sept 24, 2005 20:23:46 GMT 3
From: Judy Miriga [mailto:jbatec@yahoo.com]
Sent: Sunday, September 18, 2005 11:19 AM
To: thingyens.odhiambo@gmsi.com
Cc: jobongo@aol.com
Subject: Re: Proposed Constitutional and Referendum
CONSTITUTION MAKING BY KENYANS
I wish to submit my comments on the proposed Wako Constitution as a former Director of Women in the wake of multiparty, the Original FORD opposition party of Kenya, and a former candidate of Changamwe Constituency in FORD ticket; an in understanding what a constitution entails. The original FORD was led then, by Jaduong Jaramogi Oginga Odinga in 1990 towards 1992 election, which untill now developed my insterest to participate actively as a political activist at large. I wish therefore to press on to bring about a complete democratic change of governance to Kenya. And at this point, I wish to offer my opinion and suggestions in contributing to the current constitutional debate taking place in Kenya today. As a concerned Kenyan, I share my opinion with the rest of Kenyans and the world in this content, that Kibaki alon! g with his cronies have no business imposing the Kibaki/Wako proposed constitution on the people of Kenya, and altogether giving Kenyans a short notice to vote a YES or NO. It is neither a YES nor a No. First of all as a Luo, while recollecting and considering the losses of our beloved ones - case in point - the killing of Mr. Mbai while contributing his professionalism to constitution making, one cannot stop to think that Kibaki with his cronies by hooks or crooks were set to deal very ruthlessly with anyone opposing their opinionated scheme. They made sure they manipulated Constitutional process to favour their own interest and by no means used the Government machinery to impose the Kibaki constitution to the people of Kenya. This is so because at the hands of Kibaki Government we lost Mr. Mbai the University lecturer who contributed and sacrificed his life effectively in the making of the Constitutional Review process. Taking into account that, he Mr. Mbai was fore-warned of dire consequences if he did not slow down in his contributions of the proposed constitution. For this reason, one cannot stop to think that President Kibaki along with his cohorts were ready to deal with whoever was to slow their prospective maneuvers; subsequently, Mr. Mbai was gunned down. - simple as that - chapter closed. Another Luo is dead as is the usual case, the matter is long forgotten and shelved. This is another form of injustices, a mafia clean type of job. The institution of Constitutional Review adjustment is intended to bring to book, law and order, and guarantee security for peoples' lives. Mr. Wako even at this point did not execute his independence of office rights to execute or take necessary action to prove to Kenyans that his office (the Judicial) was indeed not directly controlled by the Executive to bring to book Mr. Onyango Mbai suspects. It is clear to all that the Police department took an overriding move over Judiciary to stop members of parliament from listening to the recorded investigation of the suspect at parliament prencinct (which is an immune area) - Dr. Murungaru used his office to frustrate and silence the legislatures. When Wako acted, it was clear he was taking orders from the Executive. How can we be so daft as to be hoodwinked that President Kibaki and Mr. Wako are now trying to offer Kenyans a free and fair proposed constitution - and how can Kenyans at this point even trust that there was no arm twisting to conceal actions of the Executive by the Judiciary in the killing of Mr. Mbai.
I wish at this point to remind Kenyans that the repeal of section 2A (the review act) - provided for multipartism was for purposes of checks and balances and also for provided for the independence of the Executive, the Judiciary and the Legislature. Government departments are therefore supposed to represent both the opposition and the ruling party equally without discrimination. What about taking partisan view and manipulating political cause using the power of the EXECUTIVE which is the power of the Presidency over Judiciary and Legislative. This is another way of not following in the wishes of the people. If multipartism is the way forward, then, the President must stand trial and must be accountable for his actions. The President must not command too much powers and control over Judiciary and arm twist or manipulate the Executives using the windows provided in the proposed constitution. Give people what they are asking for, offer free-will environment to allow peoples opinion to flow without fear of intimidation, or being threatened with death. Let Kenyans digest the constitution and see where change is necessary and allow consultations before rushing to referendum. If President Kibaki does not have vested interest and have Kenya at heart, then he should not force Kenyans to go for a referendum when they are not ready or have been prop! erly informed or educated about constitution and what they expect of the Presidency. Forcing Kenyans to go for a referendum on November 21st of 2005? Is totally unacceptable. This idea of using public funds and government machinery for politicians vested interest stop - Kenyans need to understand the effect of this legal document as it affects their daily livelihood. People's wishes must be respected and honoured. At the start of events, and while looking back to Moi Rule and comparing with Kibaki's Rule - it is true, not much have changed. Corruption is still common-place toll order. It is the same coin changed the other way. It is illogical to give a corrupt person or a thief an open check. The corrupt will have good reason to justify his or her! action at the end of the day, considering he/she was given an open check without stipulation. In Luo they say "Nyang' omiya miya" which is translated to mean that - don't cry over what is given to the crocodile. If the President is taking this move of Constitution making he needs to recognize that his action represents all tribal groups and ethnicity. Their interests must be represented fully and must therefore pay attention to what majority ordinary Kenyans and the politicians alike (who are in retrospect represents the wishes of their electorates) want. There is tag of was because something is not just right - why cant the President get it.
Kenyans have been treated to titanic demonic Rule of fear and intimidations, twist and turns, casualties of tribal and ethnic cleansings, massacres of tribal ethnicity and up-country uprisings, blatant killings and mayhems, in the wake of the order of Constitution Review making - characterized with crafty schemes of swaying and manipulative of ideas; scheme after scheme by the interested parties of Moi and Kibaki, which is the reason why Kibaki wants to continue enjoying immunity of too much power of the Presidency as stipulated in the constitution - without doubt, it is a clear indication that, what is set for November 21st will never be free and fair. For one, people will not have been informed sufficiently to make a fair judgemental choices. This is another form of imposition, using the powers of the Executive to c! urtail the process of Democratic Governance by crafting the constitution in some sort of way to conform to Kibaki way of controlling government and its Rule. Today Saitoti is heading Kibaki's YES vote, in retrospect, Saitoti in the Moi Rule, is the same masterminder of dirty games and corruption. Truly it is the same coin turned the other way round. We cannot be hoodwinked, we know very well what Pro. Saitoti is capable of doing. He did it before in the Moi Government, and he will do it again. Rigging is their cup of tea.
My suggestions therefore are, that the powers of the Presidency in the Constitution, be controlled by checks and balances as is stipulated in clauses of the Constitution, and that the other two court of arms of the Government which is the Judiciary and the Legislative should be independent and non-manipulative from the Executive in the powers of the Presidency. This is what Democracy is all about. A fair comprehensive Civic Education is therefore extremely important starting from the grass-roots, considering that the majority are now very poor and cannot travel to the centers set for training by the Electrol Commission of Kenya and thereby provide independent set-ups like the Barazas, the Religious Institutions e.g. Churches to offer civic education to the faithfuls, the Education sector, to involve the students/teachers and the Polytechnics or technical schools in understanding the constitution, the Workers Unions, non-governmental set ups, women groups and the youths. At this point it is the participatory civic education of empowerment and of informative critical deliberation will suffice all Kenyans without discrimination. After the civic education is done which will require a minimum of 6 months for the ordinary people to understand and be able to make some kind of political choices in the type of a government they want, there should be a questionnaire document where people will be provided with multiple choices including information from all other constitutions that have been made previously, e.g. the then Original FORD Kenya Proposed Constitution, Bomas of Kenya proposal, the Proposed Constitution by the LSK and the Kibaki's proposed constitution. Let people understand what it is they want from their Presidential Rulership. This is so because majority Kenyans have been victimized and are afraid to engage in serious discussions of political matters and do not understand politics for fear of past and present state-of-the-art intimidation by the government and personalities of vested interests. Many have suffered before and are living in constant fear of giving their independent opinions.
Kenyans need a leader who is not corrupt; a level minded non-partisan who respects the wishes of the people; and who follows the tenets of the people driven constitutional legal documentation, is capable of providing justified governance without racial or tribal discrimination. It is high time that Kenyans and sympathizers alike; both locally and abroad together with the whole world at large, to pay keen attention to what is going on in Kenya today. The Constitution Review stipulates for Kenyans to elect the President or Leadership they want by popular vote - without intimidation or manipulation from interested parties or using government offices or personnel. The elected members will represent peoples interests wholly and completely in a systematic manner that depicts Democracy in action, or characterized by, or exhibiting political and social equality and ideals, in completeness to include women's interest, old and young alike; atleast those who will have attained the age of 18 years and above - people driven (government by the people) constitutional order is by no means biased. Tthis is to say that, people have a choice to freely elect their representatives to represent their interests in Parliament and in governance by the President, in ways relating to or advocating to principles or form of governance ordered by the constitution. In other words, constitution making is not a one man's order or two individuals, but the general public, the Kenyan society in whole! . In which case the President is an employee of the people - and if your employee does not do a good job, then you have a right to dismiss the employee i.e. the employer has the right to sack or relieve an employee off his job and employ someone else. But these past leaders don't want to go by the rule, all they want is to have complete control in the business of government that does not wholly belong to them in principle, but instead use some cunning protection dodging in order to serve their vested interest and take Kenyans at ransom by means of, cheating Kenyans off their rightful share of participating effectively in understanding and applying their rightful vote to employ a President who should deliver acceptable goods and services i.e. governance to provide security and good leadership to its people, in other words, to make sure that Kenyans have medical services, employement, education, security, providing avenues that will encourage small business and creative talents, to encourage Kenyans to participate in the International Trades and Protect Kenyans interests locally and abroad - the powers to control the President should remain with the ordinary people or Kenyans as would be stated in the constitution - irrespective of their social status, religion, educational background or otherwise. What qualifies Kenyans as employer of the institution of the Presidency is their voices put together in the legal document of the constitution which is capable to bring change and the voting rights. Now the legal contract between the President and the People of Kenya is the Constitution. This is the more reason that Kenyans needs to be fairly and tho! roughly educated in civic education of the constitutional process (a document which when passed will remain legally binding contract signed between the people of Kenya and the Presidential Rulership. Already Mr. Kibaki, to my surprise have taken a partisan views and position ordering the Electrol Commission of Kenya ECK to provide for a YES or a NO and giving deadline of November 21st 2005. This is completely unacceptable and ridiculous - the time frame beats all logics.
Ordinary Kenyans will not have had the knowledge or gathered enough ability to go to the referendum and vote at the time frame. 85% of Luo's today are downright poor and have no mobility to move about sharing ideas and to compare notes so they understand thoroughly the document before the date set for Referendum. Kenyans must reject the move by Kibaki's deadline date, until they are given sufficient time to complete Civic education. All documents must be released without restrictions as educational material to all Kenyans. In other words Kenyans must have access to the Proposed constitution in advance, before the process for civic training starts.
This is my suggestions therefore, that, there be provided the Original FORD Proposed Contitutional Document delivered by the then Leader of the Original FORD (Forum for Restoration of Democracy) - which was distributed to all and sundry including the Foreign Embassies in Kenya by Jaramogi Oginga Odinga who also spoke to the whole world through the local Media and Public Rallies about the Way Forward with the FORD's proposed Constitution. The FORD's proposed Constitution was thoroughly and professionally prepared with the best brains possible in consultation - then, we have the BOMAs proposed Constitution, The LSK's and Kibaki's proposed Constitution. All these documents needs to be studied by all Kenyans, so as to serve as a means of refere! nce and guide, before they they make a life-long commitment, which will also stay in place for decades before Kenyans will see the inside of another Constitutional change. A Constitution is a process to strengthen the National Integration, and unity - the conditions must be conducive to provide a free atmosphere of exchange of ideas, critics of the President and accountability for the same - together it will enable Kenyans to resolve National issues on the basis of consensus. If CKRC (the Constitution of Kenya Review Commission) is free and fair indeed, then it must not take a partisan stand in the Civic Education of the Kibaki's proposed Constitution. To me it looks like Kibaki's proposed constitution is what the CKRC is trying to force Kenyans to go by, which Kenyans have no alternative choice of informative document to widen their understanding B! UT the method set aside of voting in a YES or No of Kibaki's proposed constitution which is totally wrong,This is an adamant lack of consideration and mockery on Kibaki's part to Kenyans in general. I believe the above suggestions will serve as a fair means of consideration. It is unfair for Kibaki and his cronies to blackmail Kenyans general public. All the above proposed constitutional making process, involved public funds far and large. Since Politicians were not able to agree in a concensus in any of those then let the people decide by allowing them to go through and study all the documentations of the proposed constitutions, to compare and see where there is a bone of contention and to scrutinize which proposed constitution serve the interest of the general public - so that when they have to sign a contract with the President the public opinion has the say. I ! plead to all Kenyans of sound mind not to get themselves intertwined into this smart twist and turns by Kibaki and Cronies. It is a pity that Kenyans have suffered a lot in the past, and it is prudent that Mr. Kibaki give Kenyans a chance to exercise their democratic rights this time around. If possible let the documents be translated into Swahili and the vernacular for easy understanding and then thoroughly discussed at the baraza's, the Chiefs camp and other central localities for grassroots rural folks. A minimum of six months is required for the general public to understand and scrutinized the documents before voter registration takes place which is another 6 (six) months before voting.
A questionnaire document must be designed to guide voters through the referendum voting process providing for multiple choices including informations why changes were made on the old constitution of the then KANU (single party rule) and why, section 2A was cancelled officially together with the required changes as stipulated in the repeal changes of Section 2A and Section 3 and 5 which equally, condemns inappropriate partisanism moves of injustices or maneuvers by politicians using government machineries or personnel to achieve their vested interests. They should also explain to the public why multi-party system of Government was put in place. I also suggest that, an independent foreign observers must have access to scrutinizing government ! machinery systems and equipments used for voting freely. They must without restriction access and inspect all voting equipments at all times. The equipments must be accompanied by all interested parties together with observers alike, and they must have a combination lock for safe keeping the votes, to avoid cheating. Politicians have rigged before and so it may not be difficult for them this time round.
Concerned Kenyan.
Judy Miriga
Email: jbatec@yahoo.com
Sent: Sunday, September 18, 2005 11:19 AM
To: thingyens.odhiambo@gmsi.com
Cc: jobongo@aol.com
Subject: Re: Proposed Constitutional and Referendum
CONSTITUTION MAKING BY KENYANS
I wish to submit my comments on the proposed Wako Constitution as a former Director of Women in the wake of multiparty, the Original FORD opposition party of Kenya, and a former candidate of Changamwe Constituency in FORD ticket; an in understanding what a constitution entails. The original FORD was led then, by Jaduong Jaramogi Oginga Odinga in 1990 towards 1992 election, which untill now developed my insterest to participate actively as a political activist at large. I wish therefore to press on to bring about a complete democratic change of governance to Kenya. And at this point, I wish to offer my opinion and suggestions in contributing to the current constitutional debate taking place in Kenya today. As a concerned Kenyan, I share my opinion with the rest of Kenyans and the world in this content, that Kibaki alon! g with his cronies have no business imposing the Kibaki/Wako proposed constitution on the people of Kenya, and altogether giving Kenyans a short notice to vote a YES or NO. It is neither a YES nor a No. First of all as a Luo, while recollecting and considering the losses of our beloved ones - case in point - the killing of Mr. Mbai while contributing his professionalism to constitution making, one cannot stop to think that Kibaki with his cronies by hooks or crooks were set to deal very ruthlessly with anyone opposing their opinionated scheme. They made sure they manipulated Constitutional process to favour their own interest and by no means used the Government machinery to impose the Kibaki constitution to the people of Kenya. This is so because at the hands of Kibaki Government we lost Mr. Mbai the University lecturer who contributed and sacrificed his life effectively in the making of the Constitutional Review process. Taking into account that, he Mr. Mbai was fore-warned of dire consequences if he did not slow down in his contributions of the proposed constitution. For this reason, one cannot stop to think that President Kibaki along with his cohorts were ready to deal with whoever was to slow their prospective maneuvers; subsequently, Mr. Mbai was gunned down. - simple as that - chapter closed. Another Luo is dead as is the usual case, the matter is long forgotten and shelved. This is another form of injustices, a mafia clean type of job. The institution of Constitutional Review adjustment is intended to bring to book, law and order, and guarantee security for peoples' lives. Mr. Wako even at this point did not execute his independence of office rights to execute or take necessary action to prove to Kenyans that his office (the Judicial) was indeed not directly controlled by the Executive to bring to book Mr. Onyango Mbai suspects. It is clear to all that the Police department took an overriding move over Judiciary to stop members of parliament from listening to the recorded investigation of the suspect at parliament prencinct (which is an immune area) - Dr. Murungaru used his office to frustrate and silence the legislatures. When Wako acted, it was clear he was taking orders from the Executive. How can we be so daft as to be hoodwinked that President Kibaki and Mr. Wako are now trying to offer Kenyans a free and fair proposed constitution - and how can Kenyans at this point even trust that there was no arm twisting to conceal actions of the Executive by the Judiciary in the killing of Mr. Mbai.
I wish at this point to remind Kenyans that the repeal of section 2A (the review act) - provided for multipartism was for purposes of checks and balances and also for provided for the independence of the Executive, the Judiciary and the Legislature. Government departments are therefore supposed to represent both the opposition and the ruling party equally without discrimination. What about taking partisan view and manipulating political cause using the power of the EXECUTIVE which is the power of the Presidency over Judiciary and Legislative. This is another way of not following in the wishes of the people. If multipartism is the way forward, then, the President must stand trial and must be accountable for his actions. The President must not command too much powers and control over Judiciary and arm twist or manipulate the Executives using the windows provided in the proposed constitution. Give people what they are asking for, offer free-will environment to allow peoples opinion to flow without fear of intimidation, or being threatened with death. Let Kenyans digest the constitution and see where change is necessary and allow consultations before rushing to referendum. If President Kibaki does not have vested interest and have Kenya at heart, then he should not force Kenyans to go for a referendum when they are not ready or have been prop! erly informed or educated about constitution and what they expect of the Presidency. Forcing Kenyans to go for a referendum on November 21st of 2005? Is totally unacceptable. This idea of using public funds and government machinery for politicians vested interest stop - Kenyans need to understand the effect of this legal document as it affects their daily livelihood. People's wishes must be respected and honoured. At the start of events, and while looking back to Moi Rule and comparing with Kibaki's Rule - it is true, not much have changed. Corruption is still common-place toll order. It is the same coin changed the other way. It is illogical to give a corrupt person or a thief an open check. The corrupt will have good reason to justify his or her! action at the end of the day, considering he/she was given an open check without stipulation. In Luo they say "Nyang' omiya miya" which is translated to mean that - don't cry over what is given to the crocodile. If the President is taking this move of Constitution making he needs to recognize that his action represents all tribal groups and ethnicity. Their interests must be represented fully and must therefore pay attention to what majority ordinary Kenyans and the politicians alike (who are in retrospect represents the wishes of their electorates) want. There is tag of was because something is not just right - why cant the President get it.
Kenyans have been treated to titanic demonic Rule of fear and intimidations, twist and turns, casualties of tribal and ethnic cleansings, massacres of tribal ethnicity and up-country uprisings, blatant killings and mayhems, in the wake of the order of Constitution Review making - characterized with crafty schemes of swaying and manipulative of ideas; scheme after scheme by the interested parties of Moi and Kibaki, which is the reason why Kibaki wants to continue enjoying immunity of too much power of the Presidency as stipulated in the constitution - without doubt, it is a clear indication that, what is set for November 21st will never be free and fair. For one, people will not have been informed sufficiently to make a fair judgemental choices. This is another form of imposition, using the powers of the Executive to c! urtail the process of Democratic Governance by crafting the constitution in some sort of way to conform to Kibaki way of controlling government and its Rule. Today Saitoti is heading Kibaki's YES vote, in retrospect, Saitoti in the Moi Rule, is the same masterminder of dirty games and corruption. Truly it is the same coin turned the other way round. We cannot be hoodwinked, we know very well what Pro. Saitoti is capable of doing. He did it before in the Moi Government, and he will do it again. Rigging is their cup of tea.
My suggestions therefore are, that the powers of the Presidency in the Constitution, be controlled by checks and balances as is stipulated in clauses of the Constitution, and that the other two court of arms of the Government which is the Judiciary and the Legislative should be independent and non-manipulative from the Executive in the powers of the Presidency. This is what Democracy is all about. A fair comprehensive Civic Education is therefore extremely important starting from the grass-roots, considering that the majority are now very poor and cannot travel to the centers set for training by the Electrol Commission of Kenya and thereby provide independent set-ups like the Barazas, the Religious Institutions e.g. Churches to offer civic education to the faithfuls, the Education sector, to involve the students/teachers and the Polytechnics or technical schools in understanding the constitution, the Workers Unions, non-governmental set ups, women groups and the youths. At this point it is the participatory civic education of empowerment and of informative critical deliberation will suffice all Kenyans without discrimination. After the civic education is done which will require a minimum of 6 months for the ordinary people to understand and be able to make some kind of political choices in the type of a government they want, there should be a questionnaire document where people will be provided with multiple choices including information from all other constitutions that have been made previously, e.g. the then Original FORD Kenya Proposed Constitution, Bomas of Kenya proposal, the Proposed Constitution by the LSK and the Kibaki's proposed constitution. Let people understand what it is they want from their Presidential Rulership. This is so because majority Kenyans have been victimized and are afraid to engage in serious discussions of political matters and do not understand politics for fear of past and present state-of-the-art intimidation by the government and personalities of vested interests. Many have suffered before and are living in constant fear of giving their independent opinions.
Kenyans need a leader who is not corrupt; a level minded non-partisan who respects the wishes of the people; and who follows the tenets of the people driven constitutional legal documentation, is capable of providing justified governance without racial or tribal discrimination. It is high time that Kenyans and sympathizers alike; both locally and abroad together with the whole world at large, to pay keen attention to what is going on in Kenya today. The Constitution Review stipulates for Kenyans to elect the President or Leadership they want by popular vote - without intimidation or manipulation from interested parties or using government offices or personnel. The elected members will represent peoples interests wholly and completely in a systematic manner that depicts Democracy in action, or characterized by, or exhibiting political and social equality and ideals, in completeness to include women's interest, old and young alike; atleast those who will have attained the age of 18 years and above - people driven (government by the people) constitutional order is by no means biased. Tthis is to say that, people have a choice to freely elect their representatives to represent their interests in Parliament and in governance by the President, in ways relating to or advocating to principles or form of governance ordered by the constitution. In other words, constitution making is not a one man's order or two individuals, but the general public, the Kenyan society in whole! . In which case the President is an employee of the people - and if your employee does not do a good job, then you have a right to dismiss the employee i.e. the employer has the right to sack or relieve an employee off his job and employ someone else. But these past leaders don't want to go by the rule, all they want is to have complete control in the business of government that does not wholly belong to them in principle, but instead use some cunning protection dodging in order to serve their vested interest and take Kenyans at ransom by means of, cheating Kenyans off their rightful share of participating effectively in understanding and applying their rightful vote to employ a President who should deliver acceptable goods and services i.e. governance to provide security and good leadership to its people, in other words, to make sure that Kenyans have medical services, employement, education, security, providing avenues that will encourage small business and creative talents, to encourage Kenyans to participate in the International Trades and Protect Kenyans interests locally and abroad - the powers to control the President should remain with the ordinary people or Kenyans as would be stated in the constitution - irrespective of their social status, religion, educational background or otherwise. What qualifies Kenyans as employer of the institution of the Presidency is their voices put together in the legal document of the constitution which is capable to bring change and the voting rights. Now the legal contract between the President and the People of Kenya is the Constitution. This is the more reason that Kenyans needs to be fairly and tho! roughly educated in civic education of the constitutional process (a document which when passed will remain legally binding contract signed between the people of Kenya and the Presidential Rulership. Already Mr. Kibaki, to my surprise have taken a partisan views and position ordering the Electrol Commission of Kenya ECK to provide for a YES or a NO and giving deadline of November 21st 2005. This is completely unacceptable and ridiculous - the time frame beats all logics.
Ordinary Kenyans will not have had the knowledge or gathered enough ability to go to the referendum and vote at the time frame. 85% of Luo's today are downright poor and have no mobility to move about sharing ideas and to compare notes so they understand thoroughly the document before the date set for Referendum. Kenyans must reject the move by Kibaki's deadline date, until they are given sufficient time to complete Civic education. All documents must be released without restrictions as educational material to all Kenyans. In other words Kenyans must have access to the Proposed constitution in advance, before the process for civic training starts.
This is my suggestions therefore, that, there be provided the Original FORD Proposed Contitutional Document delivered by the then Leader of the Original FORD (Forum for Restoration of Democracy) - which was distributed to all and sundry including the Foreign Embassies in Kenya by Jaramogi Oginga Odinga who also spoke to the whole world through the local Media and Public Rallies about the Way Forward with the FORD's proposed Constitution. The FORD's proposed Constitution was thoroughly and professionally prepared with the best brains possible in consultation - then, we have the BOMAs proposed Constitution, The LSK's and Kibaki's proposed Constitution. All these documents needs to be studied by all Kenyans, so as to serve as a means of refere! nce and guide, before they they make a life-long commitment, which will also stay in place for decades before Kenyans will see the inside of another Constitutional change. A Constitution is a process to strengthen the National Integration, and unity - the conditions must be conducive to provide a free atmosphere of exchange of ideas, critics of the President and accountability for the same - together it will enable Kenyans to resolve National issues on the basis of consensus. If CKRC (the Constitution of Kenya Review Commission) is free and fair indeed, then it must not take a partisan stand in the Civic Education of the Kibaki's proposed Constitution. To me it looks like Kibaki's proposed constitution is what the CKRC is trying to force Kenyans to go by, which Kenyans have no alternative choice of informative document to widen their understanding B! UT the method set aside of voting in a YES or No of Kibaki's proposed constitution which is totally wrong,This is an adamant lack of consideration and mockery on Kibaki's part to Kenyans in general. I believe the above suggestions will serve as a fair means of consideration. It is unfair for Kibaki and his cronies to blackmail Kenyans general public. All the above proposed constitutional making process, involved public funds far and large. Since Politicians were not able to agree in a concensus in any of those then let the people decide by allowing them to go through and study all the documentations of the proposed constitutions, to compare and see where there is a bone of contention and to scrutinize which proposed constitution serve the interest of the general public - so that when they have to sign a contract with the President the public opinion has the say. I ! plead to all Kenyans of sound mind not to get themselves intertwined into this smart twist and turns by Kibaki and Cronies. It is a pity that Kenyans have suffered a lot in the past, and it is prudent that Mr. Kibaki give Kenyans a chance to exercise their democratic rights this time around. If possible let the documents be translated into Swahili and the vernacular for easy understanding and then thoroughly discussed at the baraza's, the Chiefs camp and other central localities for grassroots rural folks. A minimum of six months is required for the general public to understand and scrutinized the documents before voter registration takes place which is another 6 (six) months before voting.
A questionnaire document must be designed to guide voters through the referendum voting process providing for multiple choices including informations why changes were made on the old constitution of the then KANU (single party rule) and why, section 2A was cancelled officially together with the required changes as stipulated in the repeal changes of Section 2A and Section 3 and 5 which equally, condemns inappropriate partisanism moves of injustices or maneuvers by politicians using government machineries or personnel to achieve their vested interests. They should also explain to the public why multi-party system of Government was put in place. I also suggest that, an independent foreign observers must have access to scrutinizing government ! machinery systems and equipments used for voting freely. They must without restriction access and inspect all voting equipments at all times. The equipments must be accompanied by all interested parties together with observers alike, and they must have a combination lock for safe keeping the votes, to avoid cheating. Politicians have rigged before and so it may not be difficult for them this time round.
Concerned Kenyan.
Judy Miriga
Email: jbatec@yahoo.com