The changing faces in the cycle for new constitutional dispensation
By Oscar Obonyo
From bloody street battles in agitation for multi-party politics to verbal harangues over clauses on abortion and Kadhis’ Courts, the clamour for a new constitution has metamorphosed or degenerated over the years.
And Safina party leader, Paul Muite, is an enraged man: "We did not pour out onto streets to dare death from trigger-happy Kanu soldiers merely because of abortion or Kadhis’ Courts. We did it to push for good political governance."
The push for a new constitution by Muite and fellow crusaders might have been triggered by the need to reduce concentration of powers in the Executive, but this quest has since changed course severally.
What started off as a campaign to clip presidential powers, led to a clamour for pluralism, changing tune two years later to "Moi Must Go", before translating to demands for change of electoral laws in 1997.
When President Kibaki romped to victory on a Narc party ticket five years later, the song was different. There were calls for a total overhaul of the Constitution, which in his campaign pledge, Kibaki promised to deliver within 100 days!
Over the decades, the clamour for a new Constitution has been characterised by four phases — arbitrary arrests of reform crusaders in the 1980s, street battles in the early 1990s and lawful battles on the floor of the House in the late 1990s. The period between 2000 and now, has seen the battle taken to the people by way of participation in plebiscite.
Changing goals
Throughout this period, former political detainees, Raila Odinga (now Prime Minister), former Cabinet ministers Kenneth Matiba and Charles Rubia, Martin Shikuku and George Anyona, have been the face of the struggle.
"Plainly stated, the push for a new constitution was initially fought on the streets under the cover of choking tear gas. In later days politicians have been engaged in talks over sumptuous meals in five-star hotels in the name conferences," says Muite.
Goals and interests, adds Energy Minister Kiraitu Murungi, have also changed with time.
According to the minister, genuine clamour for a new Constitution that kicked off 20 years ago had turned into a game of politicians jostling for recognition.
"When some of us kicked off the push for a new Constitution, we were serious about ending dictatorial tendencies in Government. Today I’m ashamed MPs are caucusing as tribes and regional blocs in the guise of constitutional review," Mr Kiraitu, a member of the Young Turks that led the multiparty democracy crusade in the 1990s, told Parliament in April.
According to Kiraitu, today’s politicians have stopped fighting for the ideals they initially pushed for. Instead, politicians are using the constitutional debate to suit their personal interests or those of their favoured candidates.
In between the fight for political space received substantial boost from university student leaders including the late Titus Adungosi, former Wundanyi MP Mwandawiro Mghanga, Mukurweini MP Kabando wa Kabando and activist Wafula Buke.
Ideally, the face of the struggle was determined by former President Moi, and it changed in line with his tune. When, for instance, the clamour for pluralism peaked, Moi caved in to allow multi-party politics in 1992.
This changed the game plan totally. After the repeal of Section 2a of the Constitution, the battle now moved to the floor of the House. Here, new reformists got on board, including then MPs Oki Ooko Ombaka (Gem), Rashid Mzee (Kisauni), Charity Ngilu (Kitui Central), George Kapten (Kwanza), Njehu Gatabaki (Githunguri), Njeru Gathangu (Runyenjes), Ouma Muga (Rangwe), and Kennedy Kiliku (Changamwe) among others.
Acidic affair
The Seventh Parliament was a particularly acidic affair, as organised opposition forces cornered the Kanu Government on all fronts.
Ideally, the mainly old guard Kanu brigade could hardly match the brilliance of the youthful professionals in the opposition benches. Nonetheless, the now Vice-President Kalonzo Musyoka and Public Service Minister Dalmas Otieno put up a fight for Kanu.
When Kanu failed to contain the opposition hot-mouths, Kanu reluctantly entered into an Inter-Parties Parliamentary Group pre-election deal in 1997. IPPG gave room for minimal electoral reforms.
In the Eighth and Ninth Parliaments, the clamour for a new Constitution took a different path, with former Kanu diehards joining the struggle. Kalonzo, and former Kanu Secretary General Joseph Kamotho and former VP, Moody Awori, led the belated reformers to cut off links with Moi.
Today, the lot pushing for the Proposed Constitution is a mixed grill of former Kanu and opposition politicians, pro-reform agitators as well as one-time pro-establishment hawks.
Nonetheless, Muite regrets that some like Koigi wa Wamwere, Rubia, Kathangu and former Nyeri Town MP, Wanyiri Kihoro, have "fallen" by the wayside:
"It is beyond my comprehension that they are opposed to a document whose ideals far outweigh those of a document that we all fought against."