From: odhiambo okecth
Dickens has done us proud with this analysis.
But before I make my comments, I want to thank all those friends who have wished me a Happy Birthday on Facebook and via Email. I am humbled by your wishes.
Now, I also have 10 points to supplement what Migosi Mitawia has posted;
1] This was a negotiated document. We have taken long in these discussions, negotiated at every stage, and time has come for us to move to the next level; vote. Like Hon Martha Karua said in In the Constitution on NTV yesterday, we cannot start negotiating again with people we had negotiated with and betrayed the outcome of our negotiation. What will convince us that they will not backtrack again. The time is now to vote YES.
2] This document stamps its authority on the election dates. We all know how Mzee Moi used to use that as a secret weapon. Never again will someone else do that. The time is now to vote YES.
3] The document has set a sailing on the number of Cabinet Secretaries. It has also introduced a veting system for such appointments. Never again will a President saddle us with illiterates to help him run down a country like Mzee Moi did. The time is now to vote YES.
4] This document has streamlined our political transition. Never again will people be sworn into office in a hurried manner and at night. The time is now to vote YES.
5] This document has addressed the emotive land question and the land grabbers have nowhere to hide. The time is now to vote YES.
6] The document has introduced ethical standards into leadership. What else would we need after seeing all those wasted years of yore? The time is now to vote YES.
7] This document introduces Judicial accountability and we all know how the Judiciary has been used to water corruption and bad governance. The time is now to vote YES.
8] Reform is something that has been on our lips for such a long time. This document entrenched reforms into the institutions of governance more so the Judiciary and the Police. Who does not need that? The time is now to vote YES.
9] For a long time we have been saddled with incompetent MPs. This document introduces a recall clause which will enable us to do just that. The time is now to vote YES.
10] Lastly, for the first time, we are enabled to initiate a process that will lead to ammending any part of the constitution that we feel is retrogressive. What else do we need? The time is now to vote YES.
These analysis have been enabled by the resolve of Otieno Sungu in the midfield, Evans Machera as a striker, Elijah Agevi as a defender, Dickens Mitawia was coaching and Odhiambo T Oketch in the Central Command. This was our voluntary service to Mother Kenya.
Peace and blessings to you all.
Oto
Green Central Command
– – – – – – – – – – –
— Dickens Mitawia wrote:
Dear Kenyans and People of Goodwill,
In the next few days, Kenyans shall go for a historic referendum to usher in a new constitution. In keeping with our structured analysis of the Draft Constitution, find attached herewith a Summary of what I consider to be the gains that the new Draft brings to the table. The list is not exhaustive but picks out the most prominent aspects of the gains.
Thank you and Peace as we move to exercise our constitutional and civic duty.
A SUMMARY OF THE GAINS THE PROPOSED CONSTITUTION BRINGS TO THE TABLE.
The independence constitution that was negotiated in Lancaster ’s House vouched for a parliamentary system of government. Indeed Kenya gained her independence with a parliamentary system of government.
After some short seven months or so through some hurriedly passed constitutional amendments, we adopted a presidential system of government and our problems began.
Fast forward, agitation for multi-party democracy in the late 1980s and 1990s was on the basis of governance run amok. The executive arm of the government became unbearingly repressive, fundamental rights became non existent and the other arms of government to wit, the judiciary and the legislature became a twin marionettes to the whimsical designs of the Executive.
At its height, it was impossible to draw a line between KANU the political party and the state.
In substance, what drove the desire for reforms was bad governance supported by bad and/or weak laws. If the early reformists thought that the repeal of section 2A of the constitution was a breakthrough, they were in for a rude shock.
A brain-storming session for plan B at Ufungamano House in the early 1990s resolved to agitate in earnest for the overhaul of the constitution. The draft of 6th May 2010 represents a long and torturous journey and ultimately the closest Kenya is coming to enacting a new constitution after nearly 2 decades of agitations.
Let us, against that broad background, examine the gains that this draft stands to bring when it is passed.
1. This is by far the most people-driven, publicly discussed and inclusive draft. Whilst the draft borrowed heavily from the previous drafts, it was still subjected to the citizens’ comments by the COE. Of course not everybody’s desire would find its way therein.
2. One of the gains made herein is on the principles of governance and national values in Article 10 of the draft. This Article gives focus and acts as a guide to the Executive, Legislature and the Judiciary in formulating policies and in the act of governance.
3. Dual citizenship is a major gain in the draft. This was an issue whose lobby started three decades ago.
4. The entire Chapter 4 on the bill of rights is a major plus in the draft with a clear stipulation on when the Executive can interfere as envisaged in Article 58. For the first time, the Executive is not given a blank cheque on the declaration of the state of emergency. The requisite safeguards have been put in place.
5. Land and environment as a substantive resource has been given prominence in Chapter 5 of the draft. Taken positively, the government is expected to use land to spur economic growth rather than to promote political thuggery and demagoguery and perpetuate economic mediocrity.
6. The three arms of government have been streamlined in Chapters 8, 9 and 10 with the necessary safeguards in place. There are defined roles and independence in the operations of the arms. The greatest gain is on the financial independence of the Judiciary. The recall clause for non-performing Mps is a plus. Whilst it may initially be abused, the long-term benefits far outweigh the mischief that will be played out.
7. The devolved Government literally brings economic and political empowerment closer to the people. For the first time the local community will identify their felt needs and with at least 15% of the national budget at their disposal, the gains will be determined by the residents of the respective counties.
8. Equitable sharing of national revenue is clearly spelt out in Chapter 12 with clear stipulations. Issues of marginalization of certain areas are clearly checked.
9. Amendment of this constitution has been made stringent to avoid the kind of shenanigans that marked the first 10 years of the present constitution. This is a major gain.
10. The draft tends to bring to the fore a government that will be accountable to its citizens. With this accountability, loopholes where corruptions thrived will gradually get sealed and the country’s resources will be used to strengthen and empower the factors of production.
I wish to state that a good law is one that is generally accountable to the majority of the people and can stand the test of time. Individual and collective needs will always change.
Amendments will thus be done when need arise without compromising what constitutional lawyers call the basic structure of the constitution.
The overall mood of this draft is that it contains what unite us as a country more than what divides us.
Thank you and God bless Kenya .
Mitawia Dickens