Ever since the Cabinet approved the amendment of the Constitution to move the date of the next General Election from the second Tuesday of August to third Monday of December, next year, the decision has elicited debate.

However, in light of mixed reactions, the Cabinet through Minister for Justice Mutula Kilonzo has put up a spirited fight vowing they will not backdown. The Cabinet believes election law is not among those that should be subjected to a referendum.

Parliament is instead fully empowered to amend this particular law. Latest reports have indicated a draft of Constitution Amendment Bill 2011 has been prepared and once it is enacted, elections would be held in December.

The Government has listed a raft of reasons it is not tenable to hold elections in August. Besides saying the move would not be in line with the Government budgetary cycle, the members have cited the time for preparation, especially in regard to the issue of devolution and delineation of the constituencies.

However, those opposed to December date have asked Kenyans to ignore the issues raised by the Cabinet. The Constitution is the supreme law of the land. No other considerations should override its supremacy.

As a way of trying to enforce the implementation of the new law, two statutory bodies – the Commission on Implementation of the Constitution and the Independent Electoral and Boundaries Commission – have filed separate advisory opinions before the Supreme Court. They want the highest court in the land to resolve when the next elections would be held.

Unconstitutionality

Also the civil society groups have made similar efforts. A few days ago, a group led by Kituo cha Sheria and Youth Agenda argued before the court it was unconstitutional to change the date of elections. For them the Constitution must be respected and upheld to the letter and in spirit.

Further, the groups argued it was morally wrong to amend the Constitution before one year elapses. They argue if we do this, we will set a bad precedent. What will follow will be the floodgates of amendments, particularly moved by those who opposed the Constitution at the referendum. This would weaken the foundation and defeat purposes for which the new laws were enacted.

From old to new orders

Those who support the position of the Cabinet argue that the laws are not cast on stone. Given that Kenyans did not have enough time to read and conceptualise the Constitution, there is a high possibility that some provisions did not reflect the popular will.

And so during the transitional period such provisions needed to be fast tracked to build a vibrant and a strong constitutional foundation. Further, the Constitution is a living document and so nothing stops the representatives of Kenyans from proposing and ensuring such amendments were undertaken.

Yes, it is true some of key amendments would require the approval by Kenyans. However, the change of election date is not one of them. Those pushing the date, they say, it is one of the teething problems encountered during the transition period, from the old to the new order.

Kenyans must learn to embrace this reality. To this end, my take is that the raging debate is healthy. It demonstrates that democracy, the rule of law and culture of constitutionalism is taking root.

All the parties, including those rooting for elections to be held in January 2013, have an arguable case. Definitely, the way forward is not demonise the views of others. Instead, all the parties should harmonise their views for the good of country.

{Joseph Mutua, Nairobi}

If not Maathais, who deserve State medals?

The passing on of Prof Wangari Maathai, a renowned environmentalist, scholar, human rights and good governance crusader left many questions than answers as to who is a national hero or heroine.

Over the years, past and current regimes the leadership of Jomo Kenyatta, Daniel Moi and Mwai Kibaki did not give clear guidance to assist us define the values and character of national heroes.

In the three presidencies, there have been protracted efforts to reward political leaders with all types of medals such as Elder of Burning Spear, Warrior of Burning Spear, and Elder of Golden Heart among others.

Honestly, these medals have very little meaning in the hearts and mind of Kenyans because there is no clear association with what the public can identify with, certain traits and values that are of a collective interest and importance to all Kenyans.

As a country we have invested all our medals on political demagogues who have been involved in scandals. Leaders associated with economic scandals, environmental degradation and public land grabbing, abuse of human rights, and hate speech and inter-ethnic conflicts are the the majority whose homes are decorated with national medals. What a shame!

Outstanding patriots

We need our medals back especially where they were wrongly awarded. These are public resources misplaced to reward political stooges, tribal chiefs and sycophants.

This brings me back to the issue of the national values as enshrined in the Constitution. All recipients of our medals should be evaluated. They should be patriots with demonstarted efforts to promote national unity, sharing and inclusiveness, equality, human rights, rule of law, good governance, human dignity, integrity, transparency, and accountability as read with Article Six on Leadership and Integrity.

Measured on these standards, I doubt if even the past and current leaders would qualify for a single medal. Even a president may need to be recognised as such, but not as a national hero. Kibaki, for instance, would be awarded for Thika superhighway, but not a commendation for a national hero.

This is the confusion that has faced our operations for a long. Most of the medals have gone to politicians who for long had been a liability to Kenyans even with a more open impunity traits and self-serving interests. Many Kenyans of outstanding character and values have gone unnoticed as the political class buy their way to earn the medals.

Can our leaders be honest enough to surrender unwarranted medals in honour of Prof Maathai? Fare thee well Maathai.

{Paul Mwaura Wanderi, Nairobi}