THE COMMITTEE OF EXPERTS SHOULD STOP POLITICIANS UNDERMINING THE REVIEW PROCESS
We are alarmed that the Committee of Experts (CoE) is letting politicians effectively hijack and sabotage the review process by making statements whose net effect is to deprive Kenyans of the opportunity to “actively, freely and meaningfully participate in generating and debating proposals to review and replace the Constitution” as provided by section 6(d)(i) of the Review Act. The impression that politicians, not ordinary Kenyans, have the final say in the constitution review process will discourage the people from fully participating in the process. And that will set the stage for ODM and PNU operatives to deny us the reforms we crave by either maintaining the current constitution or making a new one that secures their very parochial and selfish interests.
The ODM and PNU formations are primarily focused on the structure of the Executive because their ultimate concern is how to acquire or retain the illicit power they need to advance their self-serving agenda. Both care virtually nothing for the crippling cost of the political class. They have no time for the values most Kenyans worry about like equity, rule of law, human rights, nationalism, creation of new wealth, and the equitable redistribution of national resources.
The CoE should stand up and stop ODM and PNU from playing their dangerous politics with the review process. The CoE must publicly clarify and declare that it is unnecessary for ODM and PNU to strike any deal since no group or individual will be accorded preferential treatment. That all Kenyans are equal, and that all feedback on the Harmonised Draft Constitution will be evaluated equally, on their merit, not on the bases of who made them. Hence, any ODM/PNU deal to take care of their selfish interests is a nullity and immaterial to the review process. No individual or grouping can speak for another in this process. Ultimately, Kenyans will speak conclusively for themselves as a people when we vote and make a binding choice at the referendum.
The CoE must also categorically state that in constitution making the Government has no position; all it must do is to facilitate the process so that, unhindered, the people can make the constitution they both desire and deserve.
As the Government of the day, we expect ODM and PNU to wield State power responsibly. At the very least that means taking their daily nefarious political contestations out of the review process. And they should desist from any posturing that suggests that their opinions on the draft as coalition partners are binding. The new constitution is about ending impunity by establishing the Second Republic of Kenya, complete with its democratic structures and a prosperous economy. It’s not a power sharing deal like the arm twisted National Accord which rewarded the impunity of both ODM and PNU.
Further, the CoE should reassure us that they will stop exceeding their mandate. They must stop acting like a Committee of Interests. Their role as experts is not to make political choices for us, but to facilitate us to make those choices. For example, they shouldn’t impose on us the expensive hybrid system preferred by politicians because it creates jobs for them. Instead, they should facilitate Kenyans to democratically select their preferred system of governance from the three: the parliamentary, the presidential, or the hybrid system. This they must do by getting Parliament to amend the current review law to allow for a yes-yes referendum, where we will vote on two or three drafts. Directly choosing the governance system will not only protect our key right to self-determination; it will deny the mischievous self-seeking political class the chance to deny us a new constitution yet again.
Finally, the CoE must publicly announce that the 30-day period commenced not on November 17, 2009, when they launched the draft in Nairobi , but on the date when they last distributed copies of the draft. This is important because Kenya is not Nairobi , and we know that as late as last week they were still distributing copies to far flung areas of the country.
Neto Agostinho
National Convener
Date: Wednesday, December 16, 2009