Wakenya,

I don’t understand what is wrong with a community pursuing justice on the basis of having been dispossessed of their land, either by the British, Kenyan government or even other communities or individuals as provided for in the Proposed Constitution of Kenya (PCK) section 67 (2) (e). That is their right individually and collectively and all Kenyans who are aggrieved must be encouraged, supported and protected to do so. This is the way to go to ensure there is respect for the individual and community rights, and that historical injustices are sorted out once and for all, as provided for in the new constitution. Otherwise how do you account for the fact that most land at the coast is owned by the political elites together with the former homegaurds?

The problem is this assertion that there will be bloodshed after the PCK is approved. This presupposes that there is a provision in the PCK allowing communities to take up arms and reclaim their land, such that immediately it is passed then communities can invoke such a provision and act, something that is neither here nor there. Again the nature of the compensation for those who lost their land is not specified but rather left for the land commission to determine (see section 67 (2) (e)) as a way of ensuring law and order during the process.

To argue that communities didn’t loose land is to tell blatant lies. And it is not only the Kurias, Kalenjins, kikuyus etc who lost, but so many communities lost land and most of it is now with the Kenyan land grabbers some of whom are known to own thousands of hectares and have unleashed millions to aid the NO campaigners, to stop this compensation issue.

This is the parting shot that informs the fear that the NO propagandists are hell bent on instilling fear and where necessary causing ethnic cleansing. I think as a nation we must start learning how to argue points out truthfully for progress and posterity while avoiding warmongering.

Past injustices particularly to do with land is a blight on our national psychology and must be addressed and it won’t go away just because the PCK is not approved. It will be done in peace or after a civil war akin to the 2007/2008 PEV which can only be considered as a prelude.

Those supporting the new constitution want these atrocities to be sorted out in an orderly manner and during peace time rather than wait for a repeat of 2007/2008 PEV. The NO team wants to hang on to this for their political survival so that every election year they can incite some Kenyans against others to perpetuate this them (outsiders) against us (tribalist) propaganda which only serves political interest but never addresses individual or communal interest on the land issue which is always its main centre piece .

The NO team must tell us how else these historical injustices can be addressed. After all they have been in power and they never addressed them for those so many years just because they were beneficiaries to these allocations and joined in the looting something that the draft is specifically aiming to correct under section 68 (1) (c) (i) and (v). This is what is scaring the big land owners, including land grabbers and their coat-hangers such as the YK ’92 brigade of whom Ruto and Jirongo are the flagship.

Let us stop calling a spade a big spoon.

Sebastian