For decades, Kenya has been a democracy in name only. Mwai Kibaki made a pre-election pledge in 2002 to draw up a new constitution that would - among other things - limit the powers of the president, decentralize executive power and set up an autonomous prime minister, all within 100 days of attaining power. As the years have gone by, there is no sign of a new constitution and it is increasingly becoming apparent that it is not in Kibaki’s interest to facilitate a new devolved constitution that he so tirelessly fought for in his days as Leader of Official Opposition in parliament. These are some of his quotes on the subject as president:
“We should not allow the search for a new constitution divide us. Let us forget the past and come together in producing a document that will serve all Kenyans. You have already drafted what you wanted in a constitution and you were almost completing the process. Each one of us know what remained, therefore let us complete it, I know we will complete the constitutional review process and get a new constitution. We cannot be a nation which does not successfully conclude national issues.” President Kibaki (24th December 2005)
"I want to assure all Kenyans that the Government is committed to facilitating the development of a new constitution through a people driven process, President Kibaki (06th June 2006)
“I wish to point out that the agenda of producing new constitution has remained outstanding following the rejection of the draft constitution during the referendum. However, as I pledged to Kenyans, my Government remains keen on facilitating the making of a constitution.” President Kibaki New Year Speech 1st January 2007
After paying lip service to the country for five years, Kibaki comes to end of his mandate and he has absolutely no report worth talking about regarding the reform process. And with the blind support of catholic church leadership (whatever happened to steadfast clergymen like Rev. Timothy Njoya?), Kibaki has once again declared his interest in leading this country with only but one agenda at hand – selective economic development. He conveniently forgets that Kenyans do not have a new constitution and yet this was initially what made him and his NARC Summit team to be elected in the first place. This is betrayal of the worst order. Is the voter going to be conned into giving that mandate again?
The other alternative, ie the Orange Democratic Movement, has already put tangible material on the table for the electorate to digest and it will be up to them to judge who can really deliver what they want.
According to the published pre-election agenda of ODM’s Raila Odinga, the desire for a new devolved constitution, by Kenyans for Kenyans, has been a long struggle. Efforts to achieve this were first thwarted by the Moi regime. That betrayal of the common good was followed by a similar betrayal by President Kibaki. For that reason, the ODM candidate is promising that:
Raila Odinga WILL:
- deliver Kenyans the Constitution they asked for, as reflected in the Bomas draft;
- submit as part of ODM’s election manifesto the Draft Constitution for the people to peruse and endorse;
- enact the new Constitution as a first major piece of legislation of an ODM government;
- enhance the parliamentary system of government, and give up presidential powers as required by the system;
- introduce genuine power-sharing with a prime minister, as outlined in the Bomas Draft;
- submit to parliament a Political Parties Bill to guarantee public funding for political parties, to prescribe standards of financial conduct and internal party democracy, and to define relations between parties in a coalition government;
- submit to parliament legislative proposals that provide for the independent regulation of political parties and their registration, and their ability to operate free of executive harassment and to compete in elections free of unfair disadvantage.
Such commitment on a critical matter as the constitution is what Kenyans should demand from all presidential candidates. Raila has gone further and signed an MOU with Kenyan Muslims on the same subject in exchange for their support.
The big question is: What have Kalonzo, Muiru and Kibaki (Oh no, not again!) put on the table?
