What we’ll lose if we follow Ruto and the Church over draft

By Edward Kisiang’aniAgriculture Minister William Ruto has worked extremely hard to consolidate the campaign to oppose the Proposed Constitution that will shortly be subjected to a referendum vote. He has eloquently deceived the public that, if enacted, the new laws would destabilise the country.In his conspiracy to derail the review, the Eldoret North MP has not only received support from the conservative sections of the Christian leadership, politicians who have been uncomfortable with reforms have also embraced him. Obviously, those responsible for our past and present misery have genuine fears the new constitution would undermine their false sense of entitlement to power and resources. Yet the country has to move on. The ‘No’ camp cannot purport to represent the change Kenyans want. Similarly, Church leaders known to be staunch supporters of authoritarian and corrupt politicians cannot be expected to spearhead reforms. It should not also surprise anybody that Vice-President Kalonzo Musyoka and Deputy Prime Minister Uhuru Kenyatta are wavering towards the ‘No’ camp. Unlike the present Constitution, the draft has an elaborate Bill of Rights citizens of this country have never enjoyed before. If we reject this draft, we shall lose the opportunity to enjoy certain fundament rights and freedoms that, among others, include the right to life, privacy, assembly, security, demonstration, justice, fair hearing and equality. Moreover, we shall squander the chance to enjoy the freedom of conscience and expression. Without this document, the Government will continue evoking frivolous reasons to intimidate media houses.Chapter five of the Proposed Constitution gives comprehensive guidelines on the critical issues of land and environment. In addition to protecting land rights, the new provisions will secure our environment by preventing powerful individuals from seizing the national parks, forests and water towers. Similarly, the provision to eliminate gender discrimination in law, customs and practices related to land would enable millions of women to own land. To achieve equitable access, the draft authorises Parliament to enact a legislation that would prescribe minimum and maximum land holding acreages for individuals and institutions. Survival tacticThe most catastrophic impact of rejecting the draft is that the big landowners will eventually succeed in their quest to acquire all land in Kenya. The rest of us will be squatters.Furthermore, the draft proposes the creation of the National Land Commission that will regulate the use and distribution of public land. Those opposed to the foregoing provisions are unhappy they will no longer grab public land. By voting ‘No’ we shall be sanctioning current statutes, which permit the President to distribute public land to his friends and relatives.More important is the fact that if we follow Ruto and the Church to deceive us, we shall lose remarkable proposals the draft makes with regard to the Legislature, Executive and Judiciary. The establishment of a bicameral Legislature — the National Assembly and the Senate — will enhance political representation and provide inbuilt checks and balances within this arm of government.Contrary to what Ruto thinks, the Proposed Constitution does not create a super-imperial President. Under the Proposed Constitution, the President will be tamed by Parliament. For example, the President will no longer effect the appointment of such important State officials as ministers, ambassadors, permanent secretaries, security chiefs and heads of government firms without the approval of Parliament.According to the draft, neither the President nor the members of the Cabinet will be MPs. In the proposed devolution scheme, executive power is shared between the President and elected governors of the counties. Besides, the National Assembly, and the senate whose members are directly elected from the counties can impeach the Head of State. Equally, the structure empowers counties to establish their own judiciaries and assemblies. How, I wonder, can such elaborate provisions create an imperial presidency?Not only does the draft propose measures, which will sanitise the country’s electoral system, it recommends ways of injecting discipline in the operations of political parties. Survival tacticOn representation, the document is categorical 16 women will be nominated to senate by political parties. Elsewhere, it proposes two special senate seats for the youth and two for people with disabilities.We should never forget that constitution making is a torturous process. By rejecting the draft, we shall be endorsing the current Constitution. But such a blunder must come with a prize. It means there will be no reforms within the Civil Service and security forces. It also means more corruption and impunity in Government, more insecurity, uncertainty and police brutality. It means we shall never have free and fair elections. There will be no dual citizenship and no end to regional imbalances. Rejection means the Executive will continue abusing power by manipulating the Legislature and Judiciary. If we reject this constitution, we shall have fertilised the seeds of ethnocentrism, nepotism and violence.Although Ruto and Church leaders reserve the right to reject the draft, they have absolutely no mandate to peddle falsehoods about a document, which carries enormous benefits for the country. Vote Yes. —The writer teaches at Kenyatta University. kisiangani2007@gmail.com&#12288;&#12288;

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What we’ll lose if we follow Ruto and the Church over draft

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