Post by sang on Nov 9, 2005 21:07:02 GMT 3
We must stand up to be counted
Francis Magero
Kenya is at a cross roads right now and as usual the elite of our country are standing by waiting for whatever happens to happen so that we can go back to what we usually do…..Nothing.
However the issue on the table is too important for this wait-and-see attitude that has served us so well in the past. We are talking of making an almost permanent change to the way we live and the way our political process has been structured for over 40 years. This is no cheap change that will pass with the political season, this is big and we must stand up and be counted.
Most people will not share my concerns when I say that we are in state of underground civil war because we have always associated civil war with guns and killings. Allow me say this; Kenya is in a civil war situation. We have brother against brother, tribe against tribe and blocs against blocs and groups of politicos fighting for advantage over one another, in the process some innocents are getting killed, that in my definition, narrow as it may be, is a civil war fortunately of the civil kind right now.
This constitutional change is not Kibaki vs. Raila, it is about our way of life, and it is a definition of what you and I and our children are going to have to live with for many years to come. If someone tells you otherwise he is lying. Kibaki at the very most has a good 10-15 years left; your children on the other hand have a lifetime ahead of them. I appeal to my fellow citizens, do not think Kibaki; do not think Raila and least of all do not think Moi. Think your country and your children and your grandchildren.
Now, that we have defined the reason why this referendum is important to us all. I will attempt to make a case for the postponement of the referendum and a failure to which we must all vote NO and start the constitution making process all over again.
Constitution making in country such as ours starts of with the premise that we have people of diverse nature within the country and that each group should have a say as to how they should be governed. A constitutional amendment in the United States does not become a part of the constitution until each state assembly has assented to the change (I mean each state assembly); the new Iraq constitution could have been scuttled if any three provinces voted against the constitution. Having said that, constitution making is bigger than numbers, it is all about consensus and acceptance. We in Kenya have reduced this to a numbers game. We have come to the belief that if we have numbers on our side then we are constitutionally correct. That is not so, because a constitution protects the minority as well as the majority. Let us not forget that. The majority of the minority have to agree to the constitution as well as a majority of the majority.
Right now the country is extremely divided over the proposed constitutional changes, there will be no winners come November 21, that will be a bigger tragedy for the country than keeping the status quo. For those who will celebrate their victories by drink and feast, I can assure you that it will be a very short lived victory party because it will be a victory over our unity and a victory over our love for one another within our country.
If our foolhardy politicians insist on fighting to the death and taking us down with them, I would like to tell my fellow Kenyans why I stand against the draft as well. We have already gotten indication that the new constitution continues to give extreme power to the executive. A policy paper recently released by the office of the president, states that regardless of what the new constitution says about the administrative structure of DO’s and Chiefs. The president intends to keep them and the new constitution gives him the powers to do so! That in itself should be a warning! The president has already deemed that the new constitution has given him unmitigated powers. He has the powers to maintain DO’s and Chiefs and no one can stop him.
Additionally, there is no clear cut distinction between the legislature and the executive; we still continue to give the executive great control over the legislature by allowing the president to appoint ministers from MP’s. The ministerial position continues to be that carrot the president has always been able to use to get MP’s to love him and adore him. How do we expect a president with this big carrot to respect parliament? Or parliament, for that matter, dare question the president?
The new constitution does very little to empower the judiciary, in the whole question of the prime minister vs. president question we lost out on how to make our judiciary effective. Now, that is a big oversight on our part. We do not have an arbiter between the executive powers vs. the legislative powers. In most countries when that question arises we can ask the judiciary for guidance because they do have the power to arbitrate. Again in this case we have provided the president with the ability to override the arbitration capabilities of the Judiciary.
Back to where I started, this question is too important to let the Wanjikus and Anyangos to fight alone, the elite of our country have to get involved and they have to get involved forcefully. We are the engine that moves this country forward and we should not let this pass us by. The last time the poor, the infirm and the weak stood up and cried Rainbow! And liberated this country we stood by ready to enjoy the spoils without breaking a sweat. Now we need to give back. We need to be ready to loose some of our prestige and luxury to help our country out.
What can we do? Giving money is a good starting point. Contribute to the causes that will roll back the excesses the new constitution gives to the executive, roll back the tribal inclination of our leaders by standing up regardless of tribe and saying we are Kenya and we will refuse to be divided by tribe or creed. Kikuyu vs. Luo, Kamba vs. Luhya (for the next presidency) Muslim vs. Christian, Pastoral vs. Agrarian. We should stand up because we know better.
The other day I was seated with friends of mine that I have known for a long time and I was appalled by their reference to another tribe in a derogatory fashion. We have been sucked up hook line and sinker into that abysmal dungeon of tribe these friends of mine were folks with paper degrees and respectable position in society. Get real, friends let us join hands and do the right thing.
Francis Magero
Kenya is at a cross roads right now and as usual the elite of our country are standing by waiting for whatever happens to happen so that we can go back to what we usually do…..Nothing.
However the issue on the table is too important for this wait-and-see attitude that has served us so well in the past. We are talking of making an almost permanent change to the way we live and the way our political process has been structured for over 40 years. This is no cheap change that will pass with the political season, this is big and we must stand up and be counted.
Most people will not share my concerns when I say that we are in state of underground civil war because we have always associated civil war with guns and killings. Allow me say this; Kenya is in a civil war situation. We have brother against brother, tribe against tribe and blocs against blocs and groups of politicos fighting for advantage over one another, in the process some innocents are getting killed, that in my definition, narrow as it may be, is a civil war fortunately of the civil kind right now.
This constitutional change is not Kibaki vs. Raila, it is about our way of life, and it is a definition of what you and I and our children are going to have to live with for many years to come. If someone tells you otherwise he is lying. Kibaki at the very most has a good 10-15 years left; your children on the other hand have a lifetime ahead of them. I appeal to my fellow citizens, do not think Kibaki; do not think Raila and least of all do not think Moi. Think your country and your children and your grandchildren.
Now, that we have defined the reason why this referendum is important to us all. I will attempt to make a case for the postponement of the referendum and a failure to which we must all vote NO and start the constitution making process all over again.
Constitution making in country such as ours starts of with the premise that we have people of diverse nature within the country and that each group should have a say as to how they should be governed. A constitutional amendment in the United States does not become a part of the constitution until each state assembly has assented to the change (I mean each state assembly); the new Iraq constitution could have been scuttled if any three provinces voted against the constitution. Having said that, constitution making is bigger than numbers, it is all about consensus and acceptance. We in Kenya have reduced this to a numbers game. We have come to the belief that if we have numbers on our side then we are constitutionally correct. That is not so, because a constitution protects the minority as well as the majority. Let us not forget that. The majority of the minority have to agree to the constitution as well as a majority of the majority.
Right now the country is extremely divided over the proposed constitutional changes, there will be no winners come November 21, that will be a bigger tragedy for the country than keeping the status quo. For those who will celebrate their victories by drink and feast, I can assure you that it will be a very short lived victory party because it will be a victory over our unity and a victory over our love for one another within our country.
If our foolhardy politicians insist on fighting to the death and taking us down with them, I would like to tell my fellow Kenyans why I stand against the draft as well. We have already gotten indication that the new constitution continues to give extreme power to the executive. A policy paper recently released by the office of the president, states that regardless of what the new constitution says about the administrative structure of DO’s and Chiefs. The president intends to keep them and the new constitution gives him the powers to do so! That in itself should be a warning! The president has already deemed that the new constitution has given him unmitigated powers. He has the powers to maintain DO’s and Chiefs and no one can stop him.
Additionally, there is no clear cut distinction between the legislature and the executive; we still continue to give the executive great control over the legislature by allowing the president to appoint ministers from MP’s. The ministerial position continues to be that carrot the president has always been able to use to get MP’s to love him and adore him. How do we expect a president with this big carrot to respect parliament? Or parliament, for that matter, dare question the president?
The new constitution does very little to empower the judiciary, in the whole question of the prime minister vs. president question we lost out on how to make our judiciary effective. Now, that is a big oversight on our part. We do not have an arbiter between the executive powers vs. the legislative powers. In most countries when that question arises we can ask the judiciary for guidance because they do have the power to arbitrate. Again in this case we have provided the president with the ability to override the arbitration capabilities of the Judiciary.
Back to where I started, this question is too important to let the Wanjikus and Anyangos to fight alone, the elite of our country have to get involved and they have to get involved forcefully. We are the engine that moves this country forward and we should not let this pass us by. The last time the poor, the infirm and the weak stood up and cried Rainbow! And liberated this country we stood by ready to enjoy the spoils without breaking a sweat. Now we need to give back. We need to be ready to loose some of our prestige and luxury to help our country out.
What can we do? Giving money is a good starting point. Contribute to the causes that will roll back the excesses the new constitution gives to the executive, roll back the tribal inclination of our leaders by standing up regardless of tribe and saying we are Kenya and we will refuse to be divided by tribe or creed. Kikuyu vs. Luo, Kamba vs. Luhya (for the next presidency) Muslim vs. Christian, Pastoral vs. Agrarian. We should stand up because we know better.
The other day I was seated with friends of mine that I have known for a long time and I was appalled by their reference to another tribe in a derogatory fashion. We have been sucked up hook line and sinker into that abysmal dungeon of tribe these friends of mine were folks with paper degrees and respectable position in society. Get real, friends let us join hands and do the right thing.