Post by cut paste on Nov 20, 2005 5:15:32 GMT 3
By Kibe Mungai
Planning minister Prof Peter Anyang’ Nyong’o states that the current constitution is "a highly centralised presidential authoritarian system."
Courtesy of the Consensus Act, Kenyans will tomorrow decide to retain that dictatorship by voting ‘No’ or abolish it by voting ‘Yes’ to the Proposed New Constitution (PNC).
The burden of proof that this is not the constitution we have clamoured for over the last 15 years lies with the Orange rejectionists. On the eve of the referendum, I can say that the Orange team has miserably failed to discharge that burden.
Voting ‘Yes’ tomorrow is not only right but also the only rational and progressive thing to do. There are reasons galore for voting ‘Yes’ but here are my five key reasons.
The PNC is strong on fundamentals of a good liberal constitution. Under the current constitution, State power is concentrated in the hands of the President and the system of checks and balances is so weak that today Kenya is a democracy under an authoritarian constitution.
Dismantling the pillars of dictatorship is the only way to ensure the democratic gains made since 1990 will never be reversed.
The PNC achieves this critical objective by taking away the President’s power to control Parliament, the Judiciary and the public service.
By subjecting the President’s power of appointment of holders of key offices to parliamentary approval and curtailing the President’s power to dish out land, and control other resources, the PNC sounds the death knell for patronage that accounts for the bulk of official corruption.
The President will lose the power to dissolve and prorogue Parliament so that MPs will now enjoy greater leverage to check and control the Executive.
A more independent Judicial Service Commission will nominate judges who the President will appoint with approval of Parliament thereby cushioning courts from Executive oversight and interference.
Under the PNC, the President loses the power to detain critics and declare a state of emergency at whim. All decisions of the President will be in writing.
The PNC empowers the people and secures their basic rights. If Kenyans vote ‘Yes’ future presidents will require over 50 per cent of votes cast, plus 25 per cent of votes in half the districts as opposed to the current situation where the candidate with the largest minority becomes President. People will also vote for the Vice-President.
Proportional representation will ensure that every vote counts unlike under the current fast-past- the-post electoral system. The Bill of Rights chapter includes basic rights to health, education, social security, housing, food, watch and sanitation.
The proposed district governments will ensure effective and democratic government with adequate resources to address the peculiar needs of local people.
There is a consensus — as the Bomas Draft shows — that the district is the best focus for devolution and so the PNC devolution proposals strike a balance between democracy and too much government, which is an economic burden.
The PNC seeks to end the exclusive monopoly of politicians to amend the Constitution, which past MPs used to establish the current authoritarian system. Moreover, Parliament would not amend key provisions of the Constitution without reference to the people in a referendum.
The PNC will revitalise the atrophied State and help to jump-start the economy. The fragmentation of political power along tribal parties since the first multiparty elections in 1992 has frozen constitutional development to the detriment of Kenya’s best interest.
Neither the government nor the opposition is strong enough to secure constitutional amendments necessary to democratise the authoritarian governance structures, and to end State monopoly of the economy.
MPs enjoy such tyrannical powers under Section 47 of the Constitution that the nation is literally hostage to their parochial concerns and idiosyncrasies.
In 1998, the Institute of Economic Affairs stated in its economic publication, ‘Our Problems, Our Solutions’ that, "economic reform is not likely to be achieved without undercutting the power of the Executive — something that can be expected to be resisted.
The most urgent reform, then, is constitutional change to subject the Executive to legislative controls. A key component of the reform should be harmonising existing policy papers with the legal and constitutional framework."
Today, parastatals account for more than 25 per cent of the gross domestic product, which means that the Executive controls a quarter of the economy by the power of appointment alone.
The PNC seeks to free Kenya from clutches of the President and MPs by establishing a constitutional order friendly to economic reforms.
The PNC embodies Kenya’s safest bet for replacement of the current oppressive Constitution. Voting ‘Yes’ or ‘No’ for the PNC will not mean the end of the clamour for better governance. For reformers the key issue is what the reference point for future reforms will be after the referendum.
For Orange reformers the current Constitution will be the reference whilst for Banana supporters, the PNC will be the new benchmark.
On this score, I favour Banana for the simple reason that by ratifying the PNC, Kenya will be rid of the current constitutional order that everyone, save former President Moi and former A-G Charles Njonjo, admit is bad.
An Orange victory will virtually extinguish all the hope for a new constitution.
The Orange Democratic Movement (ODM) cannot force the Bomas Draft because the Review Act will expire by Christmas.
Equally, ODM cannot amend section 47 to give Kenya a better review process and by January, all the attention of politicians will be on the 2007 General Election rather than a new constitution.
Further, there is no guarantee that ODM will win the 2007 elections and, if so, with a majority to amend section 47.
The Orange strategy for an alternative to the current constitution is speculative.
Given the terrible weaknesses of the constitution making, the PNC is a good draft.
It has withstood three months of intense public scrutiny.
Planning minister Prof Peter Anyang’ Nyong’o states that the current constitution is "a highly centralised presidential authoritarian system."
Courtesy of the Consensus Act, Kenyans will tomorrow decide to retain that dictatorship by voting ‘No’ or abolish it by voting ‘Yes’ to the Proposed New Constitution (PNC).
The burden of proof that this is not the constitution we have clamoured for over the last 15 years lies with the Orange rejectionists. On the eve of the referendum, I can say that the Orange team has miserably failed to discharge that burden.
Voting ‘Yes’ tomorrow is not only right but also the only rational and progressive thing to do. There are reasons galore for voting ‘Yes’ but here are my five key reasons.
The PNC is strong on fundamentals of a good liberal constitution. Under the current constitution, State power is concentrated in the hands of the President and the system of checks and balances is so weak that today Kenya is a democracy under an authoritarian constitution.
Dismantling the pillars of dictatorship is the only way to ensure the democratic gains made since 1990 will never be reversed.
The PNC achieves this critical objective by taking away the President’s power to control Parliament, the Judiciary and the public service.
By subjecting the President’s power of appointment of holders of key offices to parliamentary approval and curtailing the President’s power to dish out land, and control other resources, the PNC sounds the death knell for patronage that accounts for the bulk of official corruption.
The President will lose the power to dissolve and prorogue Parliament so that MPs will now enjoy greater leverage to check and control the Executive.
A more independent Judicial Service Commission will nominate judges who the President will appoint with approval of Parliament thereby cushioning courts from Executive oversight and interference.
Under the PNC, the President loses the power to detain critics and declare a state of emergency at whim. All decisions of the President will be in writing.
The PNC empowers the people and secures their basic rights. If Kenyans vote ‘Yes’ future presidents will require over 50 per cent of votes cast, plus 25 per cent of votes in half the districts as opposed to the current situation where the candidate with the largest minority becomes President. People will also vote for the Vice-President.
Proportional representation will ensure that every vote counts unlike under the current fast-past- the-post electoral system. The Bill of Rights chapter includes basic rights to health, education, social security, housing, food, watch and sanitation.
The proposed district governments will ensure effective and democratic government with adequate resources to address the peculiar needs of local people.
There is a consensus — as the Bomas Draft shows — that the district is the best focus for devolution and so the PNC devolution proposals strike a balance between democracy and too much government, which is an economic burden.
The PNC seeks to end the exclusive monopoly of politicians to amend the Constitution, which past MPs used to establish the current authoritarian system. Moreover, Parliament would not amend key provisions of the Constitution without reference to the people in a referendum.
The PNC will revitalise the atrophied State and help to jump-start the economy. The fragmentation of political power along tribal parties since the first multiparty elections in 1992 has frozen constitutional development to the detriment of Kenya’s best interest.
Neither the government nor the opposition is strong enough to secure constitutional amendments necessary to democratise the authoritarian governance structures, and to end State monopoly of the economy.
MPs enjoy such tyrannical powers under Section 47 of the Constitution that the nation is literally hostage to their parochial concerns and idiosyncrasies.
In 1998, the Institute of Economic Affairs stated in its economic publication, ‘Our Problems, Our Solutions’ that, "economic reform is not likely to be achieved without undercutting the power of the Executive — something that can be expected to be resisted.
The most urgent reform, then, is constitutional change to subject the Executive to legislative controls. A key component of the reform should be harmonising existing policy papers with the legal and constitutional framework."
Today, parastatals account for more than 25 per cent of the gross domestic product, which means that the Executive controls a quarter of the economy by the power of appointment alone.
The PNC seeks to free Kenya from clutches of the President and MPs by establishing a constitutional order friendly to economic reforms.
The PNC embodies Kenya’s safest bet for replacement of the current oppressive Constitution. Voting ‘Yes’ or ‘No’ for the PNC will not mean the end of the clamour for better governance. For reformers the key issue is what the reference point for future reforms will be after the referendum.
For Orange reformers the current Constitution will be the reference whilst for Banana supporters, the PNC will be the new benchmark.
On this score, I favour Banana for the simple reason that by ratifying the PNC, Kenya will be rid of the current constitutional order that everyone, save former President Moi and former A-G Charles Njonjo, admit is bad.
An Orange victory will virtually extinguish all the hope for a new constitution.
The Orange Democratic Movement (ODM) cannot force the Bomas Draft because the Review Act will expire by Christmas.
Equally, ODM cannot amend section 47 to give Kenya a better review process and by January, all the attention of politicians will be on the 2007 General Election rather than a new constitution.
Further, there is no guarantee that ODM will win the 2007 elections and, if so, with a majority to amend section 47.
The Orange strategy for an alternative to the current constitution is speculative.
Given the terrible weaknesses of the constitution making, the PNC is a good draft.
It has withstood three months of intense public scrutiny.