From: Ouko joachim omolo
The News Dispatch with Omolo Beste
TUESDAY, AUGUST 27, 2013

As Kenyans mark three years today since the new constitution was promulgated on 27 August 2010, some Kenyans believe Raila’s call to constitutional referendum is doomed to fail. Political analyst Mutahi Ngunyi is categorical. He says Raila will fail because his call is not for Kenyan interest but his own selfish interest.

The CORD faction he says is angry that two communities can come together and produce a president, regardless of the voting of the other 40. Visibly angry James Orengo and Johnstone Muthama have been leading the calls.

That is why some Kenyans he says see the calls for a referendum as a move centered around Raila, with an objective of satisfying his ego. That may explain why they are now referring it as Raila’s Referendum or ‘RAOferendum’

Ngunyi, was giving his take on Twitter. He said that the M4M movement and the constitutional amendment calls are only aimed at feeding Raila’s ego, who he believes will lead the Luo nation nowhere.

He has warned President Uhuru Kenyatta and his Deputy William Ruto that former Prime Minister, Raila Odinga, will overthrow them if they keep entertaining his nonsense.

On his Twitter account on Sunday, Mutahi, who is a renowned political scientist, said Uhuru and Ruto should read book about the “1982 botched revolution” and they will know who Raila Amollo Odinga is.

Mutahi also said Kibaki knew about Raila after the 2005 referendum where Raila Odinga led a revolution that almost paralysed the Kibaki administration. He said Kibaki moved swiftly to keep Raila in check until he finished his 2nd term.

Here is Mutahi Ngunyi tweet.

Some sections of religious leaders have also expressed similar sentiments. They have urged Raila Odinga to stop his clamour for a constitution referendum, saying Kenyans are not ready for another poll.

Led by the Archbishop of African Independent Pentecostal Church of Africa (AIPCA), Amos Kabuthu, the leaders said the country does not have the money to hold a referendum.

“The Government should be given the opportunity to implement its manifesto. It is barely six months since Kenyans voted for this Government,” Kabuthu was quoted by press to have said.

Kabuthu’s assertions were also echoed by AIPCA Women Council Chairperson, Bertha Mwangi, who said another poll would polarise the country because Kenyans are yet to heal from the effects of the March 4 polls.

“It was just the other day that Kenyans went to the polls. Leaders should not call for things that will poison the minds of Kenyans .We must work towards uniting Kenyans and fostering development,” Mrs Mwangi said.

Catholic bishops have also said they will not support Raila Odinga, because they warned him earlier. Led by Bishop David Kamau, Cardinal John Njue’s auxiliary, he condemned the referendum push by Raila Odinga, saying it is not practical and it is ill intended.

Kamau noted that the Catholic Church warned the former Prime Minister and his yes team to amend the contentious issues in the constitution first before passing it as it would be difficult to change once it has been passed, but Raila and his team ignored them saying the constitution was perfect.

He accused Raila Odinga of not being honest with his push for the referendum, saying the former PM voted yes thinking he would be President and now that he is not, wants to change the law to neutralize Uhuru/Ruto’s influence.

On behalf of bishops of Kenya Kamau vowed to support President, Uhuru Kenyatta, and his Deputy, William Ruto, and asked the CORD leader to give the Jubilee Government enough time to implement its campaign pledges. Kamau said this during the memorial service of Jomo Kenyatta at Minor Basilica Church in Nairobi.

One fact is obvious however, that this constitution has done a lot to the ordinary Kenyans. It defended security guard Rebecca Kerubo Morara when her nose was pinched by the Deputy Chief Justice Nancy Barasa.

It also challenged President Mwai Kibaki when the high revoked the appointment of the 47 county commissioners. High court Judge Mumbi Ngugi was not sacked as it used to be when in her ruling she said the president had erred in the appointment of the commissioners as he had over looked several articles in the constitution.

Justice Ngugi said the president had failed to observe the constitution which had clearly outlined that no one gender should occupy more than two thirds of any given government appointments.

She said the appointments were done without consultation and concurrence with the Prime Minister  Raila Odinga, and that the appointments lacked a competitive and participatory selection process which involves public participation in the process of picking candidates.

It also saved Attorney General Githu Muigai from being sacked when he wrote to the Internal Security Permanent Secretary Mutea Iringo advising against lodging an appeal on a High Court ruling that outlawed the appointment of 47 County Commissioners.

The appointments that were made by President Mwai Kibaki have been opposed by a cross section of the public, leading to a court case by the civil society.

It also saved Justice Ombija when he issued an order of arrest against President Al Bashir of Sudan who is wanted by the ICC.

Above all, it saved High Court Judge Rose Ougo when she ordered Deputy President

William Ruto to return 100 acres land he grabbed from IDP Adrian Muteshi in Uasin Gishu District. She also ordered Ruto to pay him ksh 5million for one year he had not used the land.

Muteshi filed the suit in 2010, two years after he fled from the post-election violence in Rift Valley. He said he had owned the land since 1989 having acquired it from a white settler.

This new constitution came a long way even though it was rejected by some sections of religious leaders, Catholic bishops included. It came after two major attempts in 1998 through the Inter Party Parliamentary Group [IPPG] and the 2003 endeavor through the Constitution of Kenya Review Commission (CKRC) that partly culminated in the referendum of 2005 where an edited version of the Commission’s Draft Constitution was rejected at the vote.

Despite the fact that religious leaders rejected it with some sections of Kenyans, including Deputy President William Ruto and former dictator Daniel arap Moi, the fact remains that this constitution is a manifestation of Kenya’s hope that the third attempt would be a success especially considering the positive anticipation expressed by citizens through the mass media and other avenues.

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