From: Jonah Ogaro
I’m asking those who are saying that we vote YES first and amend the draft later to tell us step by step how the process of amending will be done. If someone initiates amendment after two weeks of passage of draft i.e. 20th August, how fast will the amendment be concluded?. Are there institutions that will be required to facilitate the amendment? Will those institutions be in place before 2012 or after? Is there a likelihood that the Establishment of those institutions can be delayed to defeat any amendment?
Remember there is a clause in the draft which protects the draft from amendment. I have reproduced it below:
Article 2(3) ‘The validity or legality of this Constitution is not subject to
challenge by or before any court or other State organ’.
A document written by man is bound to have errors and therefore it should be easy to amend to correct the errors. However, this draft is protecting itself from amendment.
Those who are saying eti pitisha kwanza, we shall amend it later should convince me whether the process of amending is easy and not complicated.
Remember after the draft is passed, interpretation will be left to lawyers and the courts.
Your concern is good. But allow me to ask this question. How fast does it take you to tie a towel round your waste as you go into a bathroom? Compare that with how long it takes to put on a three piece suit. But which of these is a better cover for your body as you leave your room or home? In 1982 the powers that be amended the current constitution in less one hour, and all Kenyans were thereafter made to or forced to sing KANU for over 20 years. Some of those who dint sing it like Ken Matiba suffered irreparable consequences. Some of those who said yes no yes to dejure one party system simply disappeared beyond trace (or at least not found alive). What Kenyans should be happy about is that no dictator will use this constitution to discipline his enemies. The more the difficulty in amending the better the quality of the constitution. Imagine a computer with a password that anyone can access! Your documents will be open to all. Let us not be afraid of how difficult the proposed constitution will be to amend. It will certainly check all self seekers both in No and Yes side of the divide.