A more fitting encapsulation of the challenge we face in the search for a new constitution could not have been made than in Dr Nzamba Kitonga’s warning the enemies of reform will not make a frontal attack. The same had been largely true of other processes, for example the search for justice for those killed, maimed and disposessed in the early months of last year.
In constitutional reform, the head of the Committee of Experts has warned, "you will rarely find such a sincere enemy" as is willing to declare: "We do not need a new constitution". Or, he might have added: "It will suit our party/tribe to cheat Kenyans into accepting such and such a constitution." Instead, as we noted two weeks ago, we have feigned ideological gaps and political interference by those keen to limit the extent of reforms or to take credit for ‘victory’ on issues on which there is consensus.
Determining who these enemies are and seeing through their tactics is a difficult task Kitonga and the country expect the media to take on. While there will be no shortage of valiant attempts, these may not always be successful: Different groups, whether in the media or elsewhere, want or expect different things from constitutional review. While it is not likely many wish to retain the old Constitution, there are certainly differences over how far to go on what issues — devolution or decentralisation, reforming governance systems and transition or starting afresh. These differences can and will be mischaracterised as was the case before the 2005 referendum and, to more devastating social effect, the 2007 General Election.
National Mood
The media, for all its strengths, is not above being partisan. This would not be a huge issue if there were more credible outlets available from among which truth on various issues could accurately inform the national mood.
As it is, the absence of breadth in the media (with the exception of radio) means propagandists or saboteurs can distort any information on these matters and secure illegitimate victories in the court of public opinion or in the ballot box at the upcoming referendum. This calls for greater vigilance within the media to the framing of reform issues, reporting on political manoeuvering and the search for verifiable truth to present as news.
Leaving the duty to civil society actors, politicians, the Church or others — a task easily accomplished with a ‘he said, she said’ approach — will see the process flounder in a sea of rhetoric.
Perhaps the task should begin with determining whether there are more enemies than Kitonga noted and whether he is right to include all those he did. Yesterday’s speech cited as hostile the clamour for more consultation, greater inclusiveness, adoption of ‘best practices’, creation of a comprehensive road-map, incremental, minimum or essential reforms and so on.
While some of the ideas seem reasonable or inspired by good motives, he says, they invariably succeed in delaying the process. This may be so, but we must also be alive to the danger of being rushed through a truncated process, especially where a majority means fewer visible dissenters. After two decades of agitation for a new constitution, we cannot afford to stumble at these last hurdles. The criteria by which the media and the public must judge the manoeuverings of stakeholders in this matter is whether they strengthen the checks and balances in Government, bolster individual opportunities and freedoms, or resolve divisive issues of equity. If they merely provide a political advantage, they must be revealed for what they are.
Political Jockeying
According to a Transparency International Kenya survey, most citizens believe the single largest roadblock to a new constitution is jockeying to effect changes not suggested by the public or to prevent or limit reforms they specifically demanded. Given the vast range of issues the supreme law covers and the potential for red herrings, this interference might succeed in distracting the media. Hopefully this will not work too often, on too many outlets or for too long, and Kenyans will finally get the change they want.
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