EDGING TOWARDS AN AFFIRMATIVE REFERENDUM RESULT & THE SPINNING OF A FRESH VOTER REGISTER(Part One)
Posted on April 20, 2010 by Saidimu Ole ngais
This article is written by P. Wuanta and submitted through Enkishon E Maa.
We the people of Kenya on Sunday 28th February 2010 marked two years of relative peace and calm since the signing of the National Accord that brought together the ODM and PNU election protagonist to around table to agree to share power culminating into a Grand Coalition Government/GCG. The National Accord brought what we call today Agenda Items 1 to 4.
The tone employed by the Schedule to the National Accord and Reconciliation Act, 2008 captures the mood of the moment so vividly: it goes;
ACTING TOGETHER FOR KENYA,
‘’…..With this agreement we are stepping forward together, as political leaders, to overcome the current crisis and to set the country on a new path. As partners in a coalition government, we commit ourselves to work together in good faith as true partners, through constant consultation and willingness to compromise….
ACTING TOGETHER FOR KENYA,
‘’…..With this agreement we are stepping forward together, as political leaders, to overcome the current crisis and to set the country on a new path. As partners in a coalition government, we commit ourselves to work together in good faith as true partners, through constant consultation and willingness to compromise….
We believe by these steps we can together in the spirit of partnership bring peace and prosperity back to the people of Kenya who so richly deserve it.’’
The world over constitutions are never written except in times of war. The Kenyan constitution making process therefore is unique in every way because apart from being the longest sought for constitution it’s also the most debated process and one that’s written at a time of relative peace. It’s apparently obvious that the cost implication of this process both financial and suffering is mammoth.
Everywhere you go today both in national and international fora they are all talking about the ‘elusive new constitution for Kenya’.
Yet, all that notwithstanding, this referendum will not be a birthday function or tea party seminar but an event and process that is a great beacon light of hope for millions of our marginalised & minority communities.
In a recent commentary by political commentator Macharia Gaitho titled: Lets shed off this double-speak and agree on draft constitution; he clearly said and I quote;
Yet, all that notwithstanding, this referendum will not be a birthday function or tea party seminar but an event and process that is a great beacon light of hope for millions of our marginalised & minority communities.
In a recent commentary by political commentator Macharia Gaitho titled: Lets shed off this double-speak and agree on draft constitution; he clearly said and I quote;
‘’Make no mistake, the church leaders have some very good justification in their opposition to retention of Islamic courts in the new constitution ; and to the window provided for abortion in event of medical emergency.
But then Islamic faithful would provide very strong counter-arguments in favor of the Kadhi courts. On the abortion clause, the medical profession and other groups would not advocate a woman facing childbirth complications being abandoned to die.
The trouble is that on matters of faith, like politics, there is often no logic, rhyme or reason. It’s about taking a position and then dogmatically refusing to countenance any other point of view.’’
For a fact my friends constitutions are not meant to be shopping lists’ but rather frameworks of fundamentals and principals upon which legislations and statutes emanate. In that therefore they state irreducible minimums that apply to a nation as whole.
For a fact my friends constitutions are not meant to be shopping lists’ but rather frameworks of fundamentals and principals upon which legislations and statutes emanate. In that therefore they state irreducible minimums that apply to a nation as whole.
A pretty example is the South Africa constitution acclaimed as among the most progressive in Africa yet it’s a mere 230 article’s document. The Lancaster constitution which by all standards was one of the best in its time was merely a 13 articles’ document. The constitution of the United States has seven (7) articles embodying 24 sections. Our current constitution has 47 articles.
Today we have from the Committee of Experts a proposed document of about 264 articles’ and 6 comprehensive schedules. By all comparison it’s a fairly big document.
But this is where I part company with argumentators who throw tantrums around that the constitution should state literally everything yet you don’t bring the substance from the Maa community’s position.
Whereas I welcome and do stimulate civic debate on this document anything that goes beyond the boundaries of reasonable Maa community interest should not see the light of day.
But this is where I part company with argumentators who throw tantrums around that the constitution should state literally everything yet you don’t bring the substance from the Maa community’s position.
Whereas I welcome and do stimulate civic debate on this document anything that goes beyond the boundaries of reasonable Maa community interest should not see the light of day.
For do we know as a community which side of our bread is buttered in this document? What should the Maasai be debating in this document? What is our stake in this? I ask these questions because according to a few people who I talked to about the document I captured a few concerns that went as:
Ø What are we doing with the Kadhis’ Courts?
Ø What about the clause on abortion?
Ø Why does the constitution allow some of the disciplined forces the right to picket?
Whereas these are intelligent questions/concerns I wonder whether they merit or pass for genuine and felt needs for the Maasai as a community. Are they the historical injustices you people are talking about from time without end? Are they the marginalization, under or no representation of your people through successive regimes? Are these issues contentious to the Maasai? I think they are more or less an extraordinary outpouring of emotion. Should we not be asking about Devolution?
Ø What are we doing with the Kadhis’ Courts?
Ø What about the clause on abortion?
Ø Why does the constitution allow some of the disciplined forces the right to picket?
Whereas these are intelligent questions/concerns I wonder whether they merit or pass for genuine and felt needs for the Maasai as a community. Are they the historical injustices you people are talking about from time without end? Are they the marginalization, under or no representation of your people through successive regimes? Are these issues contentious to the Maasai? I think they are more or less an extraordinary outpouring of emotion. Should we not be asking about Devolution?
About Land? About Representation of the People? About Public Finance? And what else, about your exploited and abused culture? ; I mean things that are pertinent and dear to us as a community. I believe that this document is far much superior than what we have presently. And to me and to my people it represents a bloodless coup against social, economic and political tyranny and patronage.
I love the chapter on Devolution in that it gives Kenya 47 counties which are roughly the same except in some demographics and thus an affirmative action for the minorities who occupy the 47 districts according to the Provinces and Districts Act of 1992.
Note also that 15% of the national budget will be invested in these Counties which if I may use the classic example of last financial year when our budget stood at about Kshs. 1 trillion then a whooping Kshs. 150 billion will be ploughed back into Counties’ Governments.
This means Kajiado, Narok, Samburu, Laikipa, & Baringo where my people are will get Kshs. 3.3 billion each to develop their own causes. Lo-Maasai aimiyieuu doi intae endaa nirrinyienyie esumash? (don’t you want food/resources to alleviate hunger/ poverty?). If this happens, by and large we will be developing at the same pace with other parts of ‘the Kenya we know’.
Iam constraint to analyse for you this chapter due to the sensitivity of this whole issue of devolution to let you know that you are indeed the greatest of all beneficiaries in this proposed constitution and especially given the present standing you dis-enjoy with the current constitution. The Land chapter is even more candid for both the Community and Public land can never again be dished out through executive fiat as is the case that happened with Amboseli, the Mau forest, Kajiado airstrip etc .
We have secured for exclusive community use their forest e.g. Naimina Enkiyio; game reserves e.g. the Maasai Mara and Samburu; wildlife sanctuaries e.g. Shompole and Malewa etc etc. I hope we will materially benefit from the new constituencies to be created under the new constitution and capped at two hundred and ninety (290) as we put strong cases and arguments for, so that we as a community can get a block to bargain with in the national assembly.
Friends Iam tired of being afraid………I believe that the promulgation of this constitution is a classic all of us ought to know. It is like to be in the last line of protection———a split second taking your eye off the ball – could be fatal—-a high risk enterprise.
Friends Iam tired of being afraid………I believe that the promulgation of this constitution is a classic all of us ought to know. It is like to be in the last line of protection———a split second taking your eye off the ball – could be fatal—-a high risk enterprise.
If we miss the opportunity then we will be as those fellows in the USA who claim to be ‘fighting for a dying race’. For a fact if the Maasai as a community continue for another 15 – 20 years under the current constitutional arrangement we will for sure go under as a people. Do you know that our community is in this horrible and chaotic state today simply because of bad laws? The buck of our undoing stops here.
That is indeed why I pay great homage to the eight great legends from the Maasai community who paid their own air tickets, formed the Maasai Delegation and travelled to London to participate in the Kenya Constitutional Conference, 1962 in Lancaster House: these were Mr. J.K ole Sein, Mr. P. ole Lemein, Dr. Likimani, Mr. Partasio ole Nambaso, Mr. John ole Tameno, Mr. J.K ole Tipis, Mr. J. Keen, and Mr. J.L.N ole Konchellah. The report of the conference states in paragraph 23; ‘’the Maasai delegation did not accept that they had no claims in respect of the lands which the Maasai have vacated under the agreements.’’ And indeed to their sacred honor they declined to sign the constitution document because of LAND, not this aimless debate of Kadhis courts. God bless them. By the way my people do you even know that this debate is only couched on ‘Kadhis courts’ and ‘abortion’ but the real bone of contention is far from that but lies elsewhere?.
Incase you don’t know the real war is in devolution, the executive, and land. Period. I tell you straight face that even those Bishops and Priests are not fighting for the church but for their communities. But they know the ‘divided houses’ who can be swayed anyhow for you neither understand where you are coming from nor try to know where you want to go.
I have been immensely privileged to serve as a senior officer in the secretariat of the Committee of Experts on Constitutional Review.
I have been immensely privileged to serve as a senior officer in the secretariat of the Committee of Experts on Constitutional Review.
I can blow this trumpet for once that I did not sleep on the job. Every way I have pushed for your benefits. Emiaku naa lemiaru eponu, nemeibok eyetuo ( don’t become as those who neither participate in the seeking struggle, nor involve in the keeping).
