COE: Where was the expertise in Constitution making?

COE: Where was the expertise in Constitution making?

Since the promulgation of the Constitution in 2010, Kenyans have tried to interpret it in a myriad ways, sometimes with a little help from the Legislature.

However, activism, mostly on the part of politicians, seems to slow down the much-needed reforms.

‘Constitutional experts’, lawyers and even lawmakers have been known to make varied interpretations of the new law. It is many times that goal posts have been changed to suit their partisan and personal interests and not in the spirit of the Constitution.

This informs how little expertise was put into play during the making of the Constitution; other than a show of internal bickering that was at the time amongst the members of the Committee of Experts (COE).

This has resulted in sharp division of opinion among Kenyans of all walks of life.

As things stand, it is evident that what fueled the Constitution making was personal vendetta as far as some individuals and offices are concerned, and not much was injected in it for the intended purposes of nationalism. In fact, Constitution making started on the wrong footing when none of the serving officers from the three arms of Government was included in the COE to provide insights on governance.

In this case, the Members of Parliament are to blame. And that there were constitutional rewards for those sections that threatened to shoot it down, particularly teachers and the councilors to entice them into voting for it.

There are various grey areas in the new Constitution that not even the court is able to sort adequately because it has the errors of ‘original entry’. The COE had ample time for and membership to have done a better job than this. The Constitution is for Kenyans, not for the COE.

Quite a number of principles of constitutionalism were blatantly ignored. For instance, the principle of definitiveness; there is no definite answer to constitutional questions that may arise.

There is also the principle of economy. The implementation of the Constitution is very costly especially in terms of recurrent expenditure much to the detriment of capital expenditure. Democracy need not be expensive.

Lastly, there is the principle of brevity, which means that the Constitution should be brief and to the point; subsidiary legislations only serve to expand its contents.

The result to these pertinent omissions is having a Constitution without constitutionalism: one that is afflicted by amendment after amendment.

Okaka Etyang’, Ongata Rongai

Mubarak wronged, but he is human

Former President of Egypt Hosni Mubarak is suffering humiliation and indignity in the hands of his fellow countrymen.

The ailing octogenarian might deserve the life sentence meted out on him due to alleged sins of commissions and omissions against the people he ruled.

However, Egyptians should bear in mind that Mr Mubarak is advanced in age (he is 85), and has poor health.

They should appreciate that he surrendered power even when he could have powerfully and violently remained in office.

This said, they should pardon him and cut him some slack. However bad they perceive him to have been, they should extend some humanity to their former president.

A society that torments and tortures its senior citizens is not worth emulating. The old man has been in dire need of urgent medical attention, and it is only a few days ago that the authorities took him to an army hospital.

This is after his lawyer and wife Suzanne bitterly protested at his lack of treatment.

Now that their distress call has been acted upon, it is my hope that Mubarak will be treated with dignity, even if his surroundings are devoid of any form of luxury.

To quote former Nigerian President Obasanjo, “If Mubarak has to die, let him do so in dignity and humanely.” He is, after all, human, just like you and me.

Hassan Yussuf, Kainuk