CoE has proved targets are achievable

Led by an austere, unsmiling lawyer Nzamba Kitonga, a team of six Kenyans and a Zambian, Ugandan and American, a milestone was reached by the Committee of Experts (CoE) who cobbled together a new Constitution for Kenya. The nation heaved a collective sigh of relief when the law experts announced that they had a working document that would see the Constitution of Kenya Review Act’s timetable rolling.

The CoE somersaulted over naysayers’ initial concerns about some of the commissioners’ credentials, overcame funding hurdles and doggedly stuck to the timeframe.

Indeed, some politicians who may have hoped the committee would be their lapdog rather than serve the public interest, stand rebuked and shamed, for in delivering a working draft constitution, voters were able to get it through a very contested referendum.

The Standard Group unreservedly congratulates the CoE for a job well done, and becoming a shining example for other organs that were formed to spearhead Kenya’s Second Liberation.

Weak political structures and vested interests have seen may other commissions hesitate to do the right thing until prodded to gallop in a given direction.

Four decades after Independence from Britain, constitutional fatigue had set in as the average citizen witnessed shocking levels of tolerance for impunity, high-level graft, negative ethnicity and erosion of trust in virtually all public institutions.

The CoE’s brief was clear and unambiguous: Give Kenyans a Draft Constitution, guaranteeing basic human rights, fundamental freedoms and opening up democratic space. In this quest, the Constitution of Kenya Review Act carefully placed poison clauses in the timetable. The purpose of this was, clearly, to ensure there would be no backtracking on the highway to new governance structure.

New order

Various hurdles started popping up around the CoE, least of all court cases seeking to declare citizens’ quest for a new order unconstitutional.

Others were ridiculous as they saw grown-up accusing friendly nations of interfering in Kenya’s sovereignty, while tribal emotions were whipped up hijack the process.

That the CoE failed to receive public acclamation during the promulgation ceremony at the historic Uhuru Park is of little concern. The result of their efforts of collecting and collating views from Kenyans countrywide into a document that would be collectively accepted and reflect the interests of the majority, without trampling on the rights of the minority has been unparalleled.

It was rare witness last week of politicians that usually speak at, rather than to each other, united in congratulating the CoE.

Crucially, the details are in implementing the letter and spirit of the CoE document. The first step has been taken with the agreement over composition of the Parliamentary Constitution Oversight Committee.

This is because political will is the single trickiest ingredient in seeing public interest served. Therefore, after the bickering, sideshows and horse-trading that routinely characterises political party debate are over.

It is now time to push through various legislations through the House, get devolution working so that citizens can get down to the business of building the nation.

Trouble-free

Indeed, several other committees are in a spot should they concentrate on shadow boxing to the extent that they fail to deliver on their mandate.

Just like the Interim Independent Electoral Commission having successfully registered voters and oversaw a trouble-free referendum and several by-elections, the Kitonga team is clear manifestation that the timeframes set in 2008 are achievable and in the time spelt out.

We exhort the boundaries team, Mau Forest implementation committee, and the Justice and reconciliation outfit, among others to propel the country, first on the path to achieving Millennium Development Goals by 2015 and translate them into benchmarks for making Vision 2030 a reality.