Yes, Select Committee’s retreat on new constitution must not become exercise in futility

Public Watchdog

Dear Mr Chairman and your colleagues,

If your committee cannot agree on one system of governance, then, you must agree to facilitate the people to decide in finality, as the ultimate arbiter. This is the point, at which, we begin today, in this column our address to you on behalf of the Kenyan people. You now hold the key to breaking the political impasse, which has become a source of sustained intrigue, machinations and theatrics.

You are aware that you are men and women, whom this country now rests its hope for resolute leadership in determining a workable governance structure for the nation. It is therefore, a question of a constitution, which will serve and satisfy the aspirations of the people and nation. It is not a constitution, which should necessarily satisfy the present crop of leaders, whether from Party of National Unity (PNU), Orange Democratic Moment (ODM) Party or facilitate anyone of you in whatever political name tomorrow to ascend to power for that matter.

Neither is it a constitution in support of President Kibaki or Prime minister Raila Odinga or Vice President Musyoka or any other person seeking to build any political alliances tomorrow. The constitution is about Kenya and its people, both present and future generations. Why?

Firstly, it behoves on all of us, as the Kenyans to agree — on the model of a constitution, which is not only workable, but also caters for our individual and collective interests.

It matters little whether such a constitution is a parliamentary or presidential system, so long as the system has adequate, workable institutional checks and balances with clarity on the vesting of executive authority and exercise of such power. We must ensure the will of the people always prevails, while the governance structure and opportunities reflects a national outlook.

This is Public Watchdog’s dream and remains the aspiration of all Kenyans.

Unique opportunity

Secondly, it is with these great expectations that we implore you individually and collectively to be guided by your consciences to elect what is for the common good of the people. We ask you to elect, as it remains your choice, whether to be in the wrong or right side of history. You must not, tomorrow or in future, regret or wish you had elected to do what is right and just for your country.

The onus is on you today. Seize this unique opportunity, as tomorrow the opportunity will be gone forever. Indeed, you never know, who shall in future exercise the power and authority vested in any of the institutions, you seek to create today. That ability was denied by God to the human race, no matter the level of clairvoyance one lays claim to. That is the truth and hard reality.

Lessons from History

Thirdly, you might want to create positions for yourselves or deny your perceived enemy any advantage by virtue of your present judgement on the governance structure. Worst still, you might be induced for any vested reasons to support what is obviously an unworkable course. History teaches us, but we refuse to draw useful lessons, making us vulnerable tomorrow and bringing unexpected outcomes.

It could happen in that your ‘enemy’ today could by tomorrow, be the one wielding the powers you crafted for yourself. Will you consider yourself safe or are you living in denial and are short-sighted? It has happened elsewhere and could happen in Kenya. Thus, this should inspire you as a member of PSC and the entire political leadership to do what is right and move way from any vested position. This is the minimum your country expects of you at this defining moment.

Finally, can you be trusted? Then, demonstrate that you are not captive of any vested interests by your resoluteness in resolving the current impasse on your own individual and collective judgements.

Great anticipation

Agree, on a parliamentary or Presidential system or a modified hybrid system of government with checks and balances with clear vesting of authority.

Or agree to disagree thereby abdicating your responsibilities. The country watches with keen interests and great anticipation, your deliberations on the second Harmonised Draft Constitution of Kenya and expect resolution not political theatrics.

Mr Chairman, this is your call to duty. Do not now forsake your country in this matter of compelling public interest!