Raise the bar on democratic practice

The nation is upbeat over the release of the Harmonised Draft by the Committee of Experts on Constitutional Review on Tuesday for the requisite one-month public debate. It is an ecstatic yet trying moment for a nation that has for two decades clamoured for overhaul of its laws of governance.

There is ecstasy because we are so close to grasping the dream that has been quite elusive. But running parallel to the wave of excitement is the trying and fearsome part, wrought by the hard experiences, when like the proverbial pot that broke at the doorstep, we have come so close to touching it, only for it to slip through our hands.

As we have said in the last few days, we have always lost it all on the altar of political exigencies where the goddess of self-interest is worshipped and where personal, party and ethnic interests often blur the national interest.

We have insisted that however good a constitution is, or however strong the checks and balances we put in it, say against misuse of Executive power, the citizen must also raise the bar on what they see as democracy. However well written or intended, a constitution can only work if we have confidence in it and are ready to subject ourselves to the rigours of its call, restraint and boundary delineations on whatever we intend to do.

A good constitution would also be neutered by faulty popular culture, for example that which sees corruption, lies and power abuse as an art of strategy and finesse in politics. We must also raise the bar on what we perceive as democracy because if we, for example, still see election theft or ‘rigging’ as part of power-games, and do not abhor it so long as it goes our way, a good constitution will come but the nation would still be stuck in the mud.

Governed by consent

Yes, the Constitution is a wonderful document defining citizens’ rights, and the limitations and rules of governance. It is the final safeguard of our liberties and protects us against government, even as it ensures our interests do not harm others. It is also the ultimate shield in the hands of the minority against the tyranny of the majority. It grants us liberties, but also ensures we sacrifice some for the sake of orderly society, co-existence and the rule of law.

There is no argument against the rule of law that thrives where the national culture does not allow it to do so. We can, therefore, go ahead and argue that the rule of law does best in settings where the moral standards are high and allow it to hold on firmly on to the lives of the governed. Finally, we can infer good laws flow out of high moral threshold in a society, one in which collective will of the citizenry to live by it.

We could, for example, introduce harsh traffic laws, but if our motoring culture is beneath that threshold of discipline, you can be sure they will be broken where there is no policeman in sight.

In this case, subjugation and respect for the law is mechanical and dependent on whether we think we can break it then escape consequences.

We must, therefore, demand of ourselves higher moral standards and disabuse ourselves, as a nation, of the fallacy a good constitution on its own is a cure to our nation’s challenges, including poverty, corruption and tribalism. Nations are governed by consent if democratic. By choosing a constitution to frame governance in this way, we accept the responsibility to respect the institutions we create and protect their workings.

We must refuse to be ‘bought’ or used by the power-hungry or the power wielders. We must ensure those we elect to represent us in Parliament merit the positions, because so much power is being proposed by CoE to go to this institution. It is going to be the fulcrum of the nation, the make-or-break point. It is where various competing interests of the offices it seeks to create will be mitigated, regulated and funnelled out as national interest.

Finally, we would not go far if we still let the images of President Kibaki and Prime Minister Raila Odinga, or any other leader of influence, blinker us as we read and make up out mind on the draft. It is not about them, it is about our future and us.

 

 

Read all about: Harmonised Draft constitution Committee of Experts on Constitutional Review constitution CoE reforms Nzamba Kitonga

 

 

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