BBI: We have chance to fix our Constitution

Residents attend the Building Bridges Initiative in Garissa in February.

August 27, 2010 was a momentous day. Thousands of Kenyans thronged the city as they looked forward to that gratifying event that would usher in a new dawn for their country and communities. The scene was set at Uhuru Park. The guests of honour were the freedom fighters and the object of reverence, the Constitution, 2010.

We had witnessed the worst before this day. The quest for equity and equality had seen us kill and maim the innocent amongst us and our greed for power and resources had hardened our hearts towards the poor and the marginalised.

The promulgation of the Constitution was thus a pilgrimage to our true north and the promises contained in it have since changed lives across families and counties. In it we have a robust chapter on Bill of Rights that encompasses a myriad of socio-economic and cultural rights. It has defined our national values and principles and made clear our intentions on the protection of the vulnerable and marginalised.

The decentralisation of power and resources within the Constitution has ensured that citizens are able to exercise their inalienable rights to self-actualisation. The provisions relating to democracy are promoting a more vocal and self-aware community as Kenyans now more than ever, are speaking up for themselves without fear of retribution.

Yet, there are still a number of challenges that affect its implementation. Many are yet to fully enjoy the promises of the Constitution as poverty, tribalism and corruption threaten their socio-economic welfare.

Thankfully, development blueprints such as the Big Four Agenda, address most of the poverty shortcomings and ensure that every Kenyan has access to quality healthcare, employment opportunities, adequate housing and adequate nutrition. Similar documents such as Vision 2030 are bolstering parts of the Constitution to propagate sustainable development for future generations.

The question of leadership is however, still a pointed issue for us despite this new dawn.

In particular, the debate on how and who governs us continues to evoke sentiments of marginalisation and victimisation as personalities and communities demand greater representation within our Executive structures. Reaching a consensus on this issue has occasioned the drafting and redrafting of varied constitutional documents aimed at striking the right balance.

The 2014 Bomas Draft for instance recommended a parliamentary system of governance with a president, deputy president and prime minister. With this model, the president would be elected directly by the people, would be a symbol of national unity and safeguard the interests of the country and its people. The PM would be responsible for the Parliament and work hand in hand with the president in realising our national values and principles.

But these recommendations were not favoured in the development of the 2010 Constitution. Our current presidential system of governance provides for the president as the Head of State and Head of Government. The president has both Executive and ceremonial powers and represents a strong, authoritative and legitimate mandate having been elected by the people.

After the 2017 elections and following the establishment of the Building Bridges Initiative (BBI) many Kenyans are still puzzled as to which system of governance will cure the real and imagined shortcomings surrounding national level leadership. The BBI has consequently recommended a review of the constitutional provisions relating to our Executive structures.

Unified country

The reasons behind it, as provided by citizens, include that the current system continues to disenfranchise sections of the community. Many do not think it is inclusive enough and see it as the basis for continued divisive elections. They want a more unified country, a stronger opposition and greater accountability within the Executive.

It is based on this that the BBI report recommends a more representative governance formula, one that would facilitate stronger checks and balances between Parliament and Executive and ensure a mixed Cabinet of technocrats and political genii. Of course, these recommendations have been met with mixed reactions.

There are those that feel that such issues should be nothing more than political agreements before the next electioneering period. There are however, some who feel that such serious issues herald a constitutional moment, no matter the social, political and economic costs that executing this moment would herald.

Regardless, it is the citizens’ voice that must be heard and respected. With talks of a referendum in the offing, it is the people that must once again decide on the fate of their Constitution.

Ms Ochola is an advocate of the High Court