The “MOI” Constitution that a good majority of us (youth) grew up under had a few grey areas which could easily be Amended through a parliamentary legislation. Take for example the birthing of multi-party democracy during the Nyayo era of political autocracy. Great Constitutional Reformists of those days looked beyond ethnic chauvinism and personal aggrandisement to rescue the Nation from the venomous fangs of KANU extremists. Towards 2002, political alliances and “viciously” charged political pressure groups were formed so as to dislodge Moi from Statehouse.
Actually, Moi budged. Without such Constitutional ameliorations, he would probably have died in office. He handed over power peacefully, without actively participating in the presidential race as he was constitutionally barred. His then appointee and a political green horn Uhuru Kenyatta would concede defeat and promised to work harmoniously with Kibaki for the progress of the entire Nation.
Come 2007 when Raila Odinga withdrew his famous “Kibaki Tosha” mantra so as to mount his own presidential bid following his 1992 and 1997 failed attempts under Ford-K and NDC respectively. How Raila fell out with Kibaki after the 2007 election is still bizarre, but it’s worth noting that Raila was forming a parallel Government within a Government for which he fought hard to install. Here was Kibaki with galvanized support from the Gema Community. On the other hand, we had Raila commanding automatic support from Luoland, a vast slash of the Capital, Maasailand, Mulembe Nation, the Coast & The Rift Valley. Raila believed (or made us to believe) that the GEMA Community and their economic prosperity were enough reason why other ethnic “minorities” stood at a disadvantaged position whenever it came to “sharing of the National Cake.”
Mark you a similar mentality had already been applied during the Nyayo era where Citizens were made to believe that the Kalenjin Community was more empowered than any other Community. How it changed to the favour of particularly the Agikuyu just five years into Kibaki’s Reign remains a puzzle. In short, Raila loves to throw the tribal dice whenever he wishes to advance his political interests. And as expected, the same mantra has snaked its way into the BBI Campaigns. Equitable Sharing Of National Resources, phew!
“Instead of wasting billions in a Constitutional Referendum and perhaps the promulgation of the much hyped BBI Constitution which brings nothing but a plethora of political lunacy, why don’t we focus on reviving our stalled public industries, improve our academic system, secure proper healthcare access system for all and as well, promote a culture of protecting and recovering our public resources from the secret coffers of swindlers for the benefit of all and sundry?”
The events that came up next post 2007 elections almost brought the entire country to an indefinite standstill. The country was more ethnically divided than during the preceding two regimes. Talk of politically instigated bloodbath. Talk of apparent ethnic hatred. And talk of an economically crippled nation. I remember to have purchased mobile airtime of 500 Shillings for 1,000 ksh or even more, on several occasions. Food Commodities were not only scarce, but had their prices unfairly hiked without control by any Regulation Authority. Kenya, like Puntaland had turned into a Banana Republic.
It took some concerted Diplomatic intervention to bring back the county to normalcy. A common factor brought two political figure together though: Uhuru Kenyatta and William Samoei Ruto through the PEV cases at the ICC in The Hague. Little did we know that this literal “partnership in crime” would give birth to the most elegant Bromance that would see the two prime suspects overcome legal tussles at the ICC to become President & Deputy President for two consecutive terms. It is during these politically tormenting moments that a new constitution was generated so as to curb “electoral fraud, ethnic adversity and post election mayhem.”
Several Constitutional organs were also formed with the objective of healing the nation from Historical Injustices revolving around homicides, political incarceration land and legal matters. It was a big win for the entire nation, and particularly for Raila and his “Orange” majority to have the New Constitution in place after a hotly contested Constitutional Referendum. And in 2010, Kibaki inaugurated the Constitution. Raila became THE RIGHT HONOURABLE PM, and the “Combo Government ” was referred to as “Serikali Ya Nusu Mkeka.”
The 2010 Constitution was all about bringing tribal and electoral animosity to a permanent halt. And to seal any other gaps deflating our Hope’s for social and economic stability. That was its primary purpose. And with that Constitution, H.E Emilio Mwai Kibaki re-ignited the flames of an all-round economic excellence. Under Kibaki, the “Orange” Constitution worked magic. Under Uhuru, the same constitution has mysteriously lost its letter and spirit.
Even the authors of the 2010 Constitution plus their chief architect of “Constitutional Reforms” are not only confused about the Status Quo, they have as well sworn with their rear anatomy to shoot it down in toto – and in its place, institute the much more confusing BBI CONSTITUTION. Raila and Uhuru are unwittingly portraying the current Constitution as non-viable and inadequate!
What drives the BBI primary agenda? Shuttering Ruto’s ambition of becoming president, simple. It has nothing to do with the mitigation of our socioeconopolitical crisis. If anything, the 2010 Constitution is the best Book we have ever had after the Ten Commandments by Moses. You can’t deliberately fail to implement what you have authoritatively authored, then blame it on your own edition of the script. There’s always a room for Constitutional Amendment through public/civic participation and representation in the National Assembly and The Senate.
Enacting a constitutional overhaul just to guarantee an extension of political tenure by any means hook or crook for Uhuru and his Handshake partner will not provide solutions to the negatively impacted social and economic scenario scaring us down our spine. Colossal public debts, rampant incidents of graft, a compromised Ethics & Anti-Corruption system, an unsustainable bloated system of governance, a weakened judicial system and mediocre economic productivity aimed at promoting plutocratic control are what are sinking this country down the abyss of uncertainty and oblivion.
Instead of wasting billions in a Constitutional Referendum and perhaps the promulgation of the much hyped BBI Constitution which brings nothing but a plethora of political lunacy, why don’t we focus on reviving our stalled public industries, improve our academic system, secure proper healthcare access system for all and as well, promote a culture of protecting and recovering our public resources from the secret coffers of swindlers for the benefit of all and sundry?
Deny it or not, BBI is a battle unworthy fighting for.
Amir is an Medical Accountant by profession, however with lot’s of interest in socio-political issues and current affairs, and avid follower of both local and international news and doesn’t hesitate on giving a piece of his mind in regard to the discourse at hand