Attempts to undermine new law bound to fail

By Atieno Ndomo

In stark contrast to the spirit of compromise embraced by many Kenyans in regard to the Proposed Constitution, sections of the religious community and political class are exhibiting a rather contemptuous air of self-importance and incomprehensible intolerance.

Their quibbles reveal a desperate resolve to curtail the unstoppable march to a new dawn for Kenya. Quite clearly, the old order and its captives are now clasping at straws to maintain the status quo. Notwithstanding the fact public opinion favours completion of constitutional review.

Plainly, this development is so diversionary and hypocritical it does not bear much attention. There is no justification for proffering a higher or special role for the Church or any other particular group in this process regardless of whether they choose to apply selfish arm-twisting techniques.

As per the Review Act 2008 citizens had to contend with the specified period of submission of views to the Committee of Experts; the Parliamentary Select Committee worked within their slot for engagement, as did Parliament.

Ironically, those most loud in raising objections now have had a comparatively far greater chance to exert influence on the entire review. The parliamentarians threatening to wage a ‘No’ campaign against the draft are undermining a basic democratic tenet as they already had their say in Parliament.

What underlies the desire to hold the completion of the review hostage? Could these groups be holding forte for the status quo?

As the aristocracy of some of the churches adopt a patronising and hypocritical holier-than-thou attitude, they are setting themselves apart from their congregation exposing the disconnect between the leadership of the Church and congregation.

Although we are a nation that thrives on intrigues, on this specific issue, there is considerable consensus that it is time for closure.

Especially because the constitution is not a silver bullet to the country’s problems, many acknowledge the futility of turning the process of enacting a new constitution into a quest for perfection.

It is dishonest to suggest that we can attain a perfect constitution.

And because no one group can claim superior knowledge of what’s best for the country, we can live with the possibility that enacting the Proposed Constitution may be the nation’s collective gaffe sometimes the best lessons are learnt through mistakes.

This moment is too important to be squandered by negative energies. Therefore, we have to turn the debate around and zero in on rallying the people towards a unanimous endorsement of the Proposed Constitution. We have to give the imminent rebirth of our nation a resounding approval.

Going forward, the following practical steps can be taken by citizens in the run up to the referendum: To speak up to affirm the promises held by the Proposed constitution.

To defy baseless calls to block the passing of the Proposed Constitution.

Finally, we have to debunk falsehoods about specific provisions of the Proposed Constitution.

A first step in this regard would be for all to strive to inquire and understand the provisions. Citizens can convene in small groups starting with the family level to discuss the draft and mobilise support for its passing.

If we all take the opportunity to share our knowledge of the document with those around us this would complement other efforts for civic education; to block out voices of extremism, hate, intolerance and myopia; and, crucially, as eligible voters, to register to vote.

The referendum is about individual citizens making a choice. It is not about legitimising positions of the Church, politicians, or any other group. It is about our sovereign will and a historical opportunity to make a mark on our nation’s rebirth.

—Atieno Ndomo is a Social and Economic Policy Analyst

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