Members of Parliament have betrayed the people of
Kenya, particularly the majority poor and exploited and the struggle
for a new progressive national constitution.
No wonder the
majority of the MPs that are tampering with the constitution in
Naivasha have never been involved in the struggle for democracy in the
country. They were part of the dictatorship that was opposed to
democratic reforms.
While patriots and progressive Kenyans
were being persecuted by the Moi and Kenyatta regimes for struggling
for liberation from dictatorship, those who are now purporting to
decide about the constitution for Kenya were accumulating wealth
through corrupt deals. The few of the MPs at Naivasha that were
reformers yesterday have now turned into opportunists and traitors and
are either silent or collude with those who are manufacturing the
constitution which Kenyans should reject.
The MPs went to
Naivasha with a mandate to discuss about the harmonised draft of the
Committee of Experts that had been improved by various views of the
Kenyan people and organisations.
However, the MPs decided to exceed their mandate by rewriting the draft constitution and messing it in the process.
Rather
than listen to Kenyans they opted to listen to foreigners and impose
their system of governance chosen by imperialists upon us. They chopped
off chapters and sections from the draft that embody Kenyan cultural
values, social and economic rights and all that empowers the poor. They
have removed from the draft the wishes and aspirations of the people
that have been expressed over the decades of the struggle for the new
constitution. Thus from the imperial president under the present
constitution, the MPs have created a king in the new constitution. They
have done this by claiming that the majority of Kenyans want to elect
their chief executive, president, directly.
What they
deliberately avoided to say is that while the Kenyan people want to
elect all their representatives, they have never wanted to elect a king
whether in the form of president or prime minister. In fact, that is
why they struggled against colonialism, the Kenyatta and Moi
dictatorial regimes. It is for the same reason they struggled for
multiparty democracy that has now completely been undermined by the king in the form of a President proposed by the MPs at Naivasha.
As
a revolutionary, I cannot afford to be pessimistic. That is why I
always argue that a constitution is not the Holy Bible neither is it the Holy Quran. Over time constitutions are amended to reflect the dynamism of a country. However, a good constitution needs to be adopted so that it only requires few amendments, and even then these should be a long time coming. I am therefore of the opinion that this time
round Kenyans must have a new national constitution.
I agree
with those who are proposing a yes yes referendum in which we shall
vote for either the constitution with the presidential system or with a
parliamentary system proposed by Kenyans and for Kenyans and based on
the historical and material conditions of Kenya.
This has been
arrogantly rejected by some MPs who falsely tell Kenyans that the yes
yes referendum will polarise and divide Kenyans. Some of them have even
proposed that there is no need for the referendum arguing that it will
divide Kenyans. It is as if in a democracy, and especially in a class
society like Kenya, division and class struggles can be avoided. This argument assumes that, in this capitalist system, Kenyans are united.
I
understand the cynicism, pessimism and a sense of hopelessness that is
now growing among progressive Kenyans. How can we justify the energy
and struggles we have put for constitutional review for so long if we
end up with a constitution that is worse than the present one in terms
of governance, many are asking?
Perhaps when the document being
manufactured in Naivasha eventually comes to parliament it will be
rejected by the committee of the whole house. But the chances of this happening are slim. Again, should it be passed by parliament then Kenyans will
still have a chance to reject it at the referendum. Yet the importance
of the referendum in this regard is being questioned even as the
propaganda for the king- president is intensified through the media.
This
brings me to the argument and the propaganda that Kenyans
want to elect their chief executive directly, and that therefore they
are for the presidential system of government rather than a
parliamentary system. In the first place, in both systems the head of
governments are elected directly by the people. The difference is that
in the presidential system the people elect a head of government and
state called president who is not directly accountable to parliament
and therefore the people. In a parliamentary system, on the other hand, the people
elect a head of government who may be either a president or prime
minister but who is not head of state and who is directly accountable
to parliament and therefore the people. Under the presidential system
Kenyans will vote mainly for a rich individual while paying only lip
service to ideologies and political parties. Under a parliamentary
system Kenyans will vote both for political parties, ideologies and
leaders of political parties. A leader of a political party that has
the most votes and that forms the largest party or coalition of parties
in parliament also forms the government to practice the policies they
promised the people for a given period in the constitution.
We can glean from a story in the Bible. The elders of Israel told Samuel to appoint them a king to
rule them. Samuel, in his consultation with God, warned them against having a king for a rule arguing authoritarianism, dictatorship,
oppression and slavery. A king, he said, would be a despot who would rob them of their land, property and make
them perpetual servants with no freedom and rights. And so the story goes that they insisted on kings; who ruled over them for thousands of years mistreating them in the process. Therefore, if it is the
desire of Kenyans to have a king in the place of an imperial president then they will get their king. And the Kenyan ruling class will have the
last laugh.
For the office of the president proposed by the MPs will have even
more power than what it already has. This president will be both the head of
state and head of government. Yet, under the proposed provisions, this office will not be required to justify decisions to parliament.
Kenya is already governed by powerful people and institutions that are only
accountable to the president and not the people, from permanent
secretaries, heads of parastatals, judges, heads of the army, police,
prisons, various commissioners and commissions and ambassadors among others. If the PSC is to have its way we can now add minsters to this list. The president will appoint ministers
from outside parliament. These ministers will only be accountable to the
president without having to seek approval from parliament. Like permanent secretaries, ministers will
be above politics and therefore Kenyans will be ruled by the king
president and civil servants who are not accountable to the people.
In
a multiparty system like Kenya, ministers are appointed to implement
the policies and programs of their political parties. The presidential
system proposed by MPs will render political parties useless and
instead strengthen authoritarianism, tribalism, nepotism, corruption,
social inequality and arbitrary governance. This is good for the
present political and economic ruling class that is united in their
desire to maintain the present status quo. But it is the bane of those
struggling for a democratic, just, equitable and progressive system in
our country. Under this system, the chances of person from the peasant
and working class becoming president, nay king, is the same with that
of a camel passing through the eye of a needle.
Yes, the struggle for social and national liberation is not easy; it is long, hard and protracted. Yet it has to continue.
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