Commentary By Leo Odera Omolo In Kisumu City

We Kenyans, as a democratic society, must learn how to tolerate our brothers and sisters with divergent opinion about the draft constitution not forgetting that we shall always remain neighbors for the present and future generations.

There should be no fuss and hullabaloo over the proposed constitution. History has taught us that there is no perfect constitution the world over.

In 1962, our founding fathers spent close to three months in the United Kingdom arguing about what type of document would be the most suitable constitution for Kenya. There were those KANU delegates led by the late Mzee Jomo Kenyatta assisted by his party’s stalwarts like Jaramogi Oginga Odinga, Tom Mboya, James Samuel Gichuru, Julius Gikonyo Kiano and others like minded folk who stood firm and advocated for a unitary system of government with much power vested in the Central Government.

In the opposite side were KADU delegates headed by the late Ronald Gideon Ngala assisted by the late Henry Masinde Muliro, Daniel Toroitich Arap Moi, Taaitta Araap Toweett and others. And with the covert support and backing of white settlers, Asians, Arabs and others, they stood firm and advocated for a regional system of government, which was commonly known as ‘Majimbo’.

The main fear and interests of the KADU group was the protection of the minority communities, not to be swallowed by the majority tribes. In order to strike a deal and compromise, both groups eventually agreed on what is now historically known as the ‘Lancaster House Constitution”.

Obviously it was not the best document, because the colonialists had used a lot of tricks. They tricked our founding fathers to succumb to some of the contentious issues such as buying out large scale farms from the departing white settlers and paying them millions of shillings for what was then known as the “White High Land“ farms. They received high compensation for the farms which they had acquired for free.

The same Lancaster House constitution, however, despite of its lopsided loopholes with many defective clauses, has guided this nation peacefully for more than four decades.

The document has had close to 50 amendments ever since the country attained her political independence in 1963 with no visible side effect. Kenyans have managed their own political affairs admirably; something which has became the envious of its immediate neighbors.

The Lancaster House had produced a tri-cameral legislative system with both the National Assembly and Upper House [Senate]. It also established the defunct Regional Assembly with each parliamentary constituency electing an assembly member. At the beginning, these regional Assemblies had their regional Presidents and Vice presidents, though these were later turned to chairmen and vice chairmen respectively when the KANU government later outlawed the use of the word ‘President”. But all these did not stop the then ruling KANU government from scrapping the Majimbo system.

All the cumbersome system parts were scrapped within the shortest possible time in a series of constitutional amendments in Parliament starting with the dissolution of the Senate that was followed by that of the Regional Assemblies. Forty one extra parliamentary constituencies were created for the purpose of absorbing Senators, while Regional Assembly members continued earning their monthly allowances throughout the life of the first parliament [1963-1969].

This is to say, the best option is that Kenyans should vote YES for the new constitution and later have the outstanding issues solved amicably through parliamentary arrangements that would follow.

I am sure for certain that those who are vehemently opposed to the new constitution are not genuinely speaking for their people, but are serving selfish interests. The draft constitution is a good document, and it covers the interests of all Kenyans. We should be thankful to our brothers and sisters, who served in the Committee of Experts and have labored so much to produced this document, by letting the document pass the test.

As a matter of appreciation for the job well done, I am make personal and passionate appeal and suggestion to President Mwai Kibaki to decorate all members of the Committee of Experts who produced this document with the prestigious Head of State Commendation Medals. It is my sincere feeling that they should be rewarded for the job well done. They deserve a reward they have done a good job for Kenyans.

To those who are not comfortable with certain sections and clauses of the document, there is still plenty of time and room to accommodate their views and incorporate them in the new constitution. But they must first of all join hands with other Kenyans in voting big YES for the document.

We must prove ourselves to be cohesive and mature enough to avoid making parochial polemics, displaying political mediocrity and naivety at this crucial time in our country’s history. Some of our leaders, particularly political novices should more carefully weigh their public utterances. And they must stop polarizing and polluting the air with hypocrite pronouncements, which are devoid of logic.

I am sure some of those clergymen and politicians have not read the document in detail, paragraph by paragraph. Others are just shouting aimlessly for the purpose of defending personal interest. And even for the semi-illiterate, the document is written in very simple English. There is also the Kiswahili translated version. Please read it and get to known what is contained there in it before you think of voting YES or No.

Ends

leooderaomolo@yahoo.com