KENYA: WHY UHURU MAY NOT IMPLEMENT CONSTITUTION

From: Ouko joachim omolo
The News Dispatch with Omolo Beste in images
SUNDAY, FEBRUARY 17, 2013

Given that Uhuru Muigai Kenyatta will be voted as the fourth president of Kenya by some sections of Kenyans only, that is Gema and Kalenjins, the communities that have the highest registered voters it will be difficult for him to implement the new constitution.

Kenyans will not stand steadfast in their demand for the truth based on a new constitution because they will have the president who will serve the interest of the communities that voted him.

In this way the constitution will not be people driven because it will not be at the center of people themselves but the parliament or politicians. This will kill the constitution preamble,” We Kenyans”.

Parliament will be forced to amend the constitution that gives much power to those in authority. As such they will use it to intimidate and dictate to people whatever they feel it is on their favor. They will use it to intimidate and dictate because it would have no objectives and visions.

It will not talk about democratic principles that Kenyans should be committed to. It will give the president all the powers to use it in any way he likes. As such it will fail to define the duties of the head of the state and those of head of Government. It will place the president above the law. It will give him power to appoint ministers, public and constitutional officials of his own and taste.

Since the amendment will make president to be above the law, he can dissolve the parliament any time he feels like. He will also not be impeached. With its weakness and indecency, the amended constitution will not protect violation of human rights, guarantee free and fair elections, or directive principles on the management and use of natural resources such as public land, forest, water, wild life, etc.

It will mean that Kenya will be taken back when the police wantonly broken-up peaceful meetings of lobby groups and political parties, even clobbering harmless journalists covering such stories.

It will take us back where many opposition supporters have been inhumanly beaten, injured, and even died. This will give birth to the informal groupings as chinkororos, Jeshi la Mzee and Bagdad boys. In such well planned violence no arrests will be made.

It will also mean that Kenyan people will not unite actively together to re-build Kenya. As such it will deter a clear reflection of the past, a critical look at the present and a focused charting out of the way forward in resuscitating our country and giving it a new lease of life, in the firm belief that we can and are able to reshape our nation’s destiny.

Even churches will have no voice to call to an end the restoration of the separation of powers between Executive, the Legislative, and the Judiciary, the restoration of the security of tenure of office, the judges, attorney general and the controller and auditor general.

It will take us back when President Jomo Kenyatta’s had little change in cabinet after the General Election of October 1974. He kept Moi, Mbiyu Koinange, Julius Kiano, Mwai Kibaki, Jeremiah Nyagah, James Gichuru, Jackson Angaine, Isaac Omolo-Okero and Charles Njonjo in their jobs, the most stable ministerial team Kenya has ever seen. It will mean appointing only few new ministers.

For his government to be protected Jomo Kenyatta had to bring in Munyua Waiyaki, who had resigned in 1966 in sympathy with former Vice-President Oginga Odinga, not only to replace Njoroge Mungai as foreign minister but also brought in Daniel Mutinda to replace Eliud Mwendwa as the minister for Ukambani among others.

Against the background that amongst Kenyatta’s 12 nominations to Parliament were two representatives of Kenya’s increasingly influential ethnic or tribal unions: Njenga Karume, chairman of Gema, and Mulu Mutisya, leader of the New Akamba Union (NAU).

In this way Kanu was used by Jomo Kenyatta to discriminate the minority ethnic groups such as Kalenjin, miji kenda, Maasai, Luhya, among others. Kanu was predominantly Luo and Kikuyu party.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail omolo.ouko@gmail.com
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Real change must come from ordinary people who refuse to be taken hostage by the weapons of politicians in the face of inequality, racism and oppression, but march together towards a clear and unambiguous goal.

-Anne Montgomery, RSCJ UN Disarmament Conference, 2002

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