The clamour for a new Constitution is as old as the years I have spent behind bars so let us just agree on one thing folks, we must get a new Constitution.
I made my stand known on Nzamba Kitonga’s Harmonised Draft when it came out last year, so now that the polishing has been done and the shenanigans in Parliament done away with, the ball is in your court.
However, I noted that this country has lots of hypocrites who also exhibit a poor reading culture. Sometime in 2008, smarters went on strike demanding better terms of employment. Some called it a mutiny even though no smarter had left his compound while the good Gen Kianga made a quote that has remained the favourite of many a smarter when he stated that "a country can as well do without the police, but it cannot do without an army and prisons service".
Effective the coming into life of the new Constitution, Kenya will join the league of democratic countries since smarters, just like other civil servants, will be free to picket, demonstrate and form unions to articulate their plight. Let’s stop the scaremongering about armed chaps causing scenes.
Strange twist
It is very clear in the Constitution that the National Police and Kenya Defence forces will not be allowed that privilege.
Section 278 which governed the formation and running of a Kenya Correctional Service (KCS) in the Revised Harmonised Draft to replace the current neti service was deleted by the PSC in Naivasha even though it was not contentious. That is how smarters got lumped together with the Forestry Service and Wildlife Services into the Civil Service, so they must have a right to picket like their colleagues. Period.
Sometime late last year, The Hon Olago Aluoch and Hon Gitobu Imanyara raised the issue of abolishment of the death penalty. In a debate supported by majority of MPs, the gava through the Ministry of Justice and Constitutional Affairs assured Kenyans in Parliament that the death penalty would not be in the new Constitution. What do we have? Confused chaps stating when and how life begins without stating how and when it ends.
I would like to remind all our MPs about some chap called Haman in the Bible. He hated a rival called Mordecai that he convinced the King to build very high gallows where Mordecai would be hanged. In a strange twist of fate, he was the first to go through the noose while Mordecai was spared. The next Prezzy might not be as benevolent as baba Jimmy and I know that most of the guys who will be charged with treason and sent through the trap door will be many a politician.
To the Church, kindly don’t divide Kenyans on parochial lines. The draft law had no mention of the term abortion in Sec. 35. It was introduced by the PSC in Naivasha after some of you ranted that the section was ambiguous. Let me give you free advice. Do not fight political wars on a political platform because your warfare is spiritual.
Key reforms
You have the numbers to effect change through a popular referendum as the draft katiba provides. So why not lobby and pass it as it is, then mobilise the numbers immediately after to delete only the offensive clauses? It would be smart and democratic. And since you have no qualms about the death penalty, why don’t you also ensure that corruption is made a capital offence?
All Judges must go! That is the sweetest part of this katiba. These guys keep us marooned for ages without hearing our cases so we have no problem waiting for nine months as they are vetted afresh if that is what it will take to get justice. The few good ones must be given a chance to continue working.
We are also hopeful that the Supreme Court will redress some time-honoured injustices that have been meted on some innocent netizens. We also need to know if we will be allowed to vote and run for office as independents as we await completion of appeals since technically, one is adjudged guilty only after exhausting all avenues of appeal.
Will you guys manage to sustain that larger number of waheshimiwas? USA with a population of 300 million has only 435 representatives. About 290 MPs for a population of 35 million will mean more taxation and less development expenditure, meaning more crime! Anyway, go out and VOTE! VOTE! VOTE!
Courtesy: The Standard
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