KENYA vs. KENYA : THE CONSTITUTIONAL REVIEW DEBATE
- By Michael Mundia Kamau
- Published 04/11/2008
- Democracy
- Unrated
The Kenyan nation is once again engulfed in an unnecessary public debate on whether to make the constitutional review process a public referendum, or a parliamentary referendum, and vote that it be confined to parliament, because this country does not need a constitutional review as much as it does a review in the mentality of the people. However perfect a constitution we can possibly have, it will be of little consequence if implemented before we have reviewed our general attitudes and perceptions towards the life we live. Granted, the constitution does need reviewing in areas such as the immense and undue powers vested in the office of the president, and despotic and archiac laws vested in the chief's act. This can however be carried out piece meal, and under the present harsh economic quagmire, in the confines of parliament.
What makes nonsense of the call for constitutional overhaul is the fact that laws that are already in place, and which are geared for the benefit of the majority, have been grossly abused. The controlled tenancy act is an example of one such law. The controlled tenancy act came into being soon after independence in 1963, and was part inducement for the setting up of African businesses. The essence of the act was to ensure that rents were regulated by the Business Premises Rent Tribunal (BPRT). Landlords / property managers could only increase rents bi-annually, and with the approval of the BPRT. This law has been grossly abused in present day Kenya, with BPRT mandates being openly flouted. We have today the notorious, punitive and man-made, "goodwill", which is simply money extorted from would be tenants, and which is of complete detriment to business in general.
Our foremost priority should be how to combat the debilitating ills of momumental corruption, poverty, unemployment, hunger, disease, crime, and drug abuse. If there is to be a public referendum, then it should be on how to combat these ills, and how to create wealth for the majority.
Experience has shown that this country lacks a real will for change, and this is the reason why we still moving in circles 36 years after independence. We lag behind even by African standards. An example of this is our poor showing in in the African renaissance of the 1990s, inspite of the the persistent complaints against the present regime. This clearly comes out when the following comparisons are made vis a vis the Kenyan nation :
In 1992 the Movement for Multi-party Democracy (MMD), was voted into power in Zambia following years of disenchantment against the Kenneth Kaunda regime ; in 1994 the late Mashood Abiola won the Nigerian presidential election, and General Olusegun Obasanjo repeated this very feat this year ; in 1995 , Bakili Muluzi beat the late Kamuzu Banda for the Malawian presidency ; in 1994 the legendary Nelson andela became the president of a new South Africa by popular vote, and Thabo Mbeki has just accomplished this same feat ; in 1996 Yoweri useveni became the popularly elected president of the Uganda on his very charismatic campaign slogan of "no change" ; in 1995 Benjamin Mkapa was popularly elected president of the United Republic of Tanzania ; In 1996 the charismatic Jerry Rawlings, was elected president of Ghana, though belonging to an earlier generation of African intellectuals ; in 1997 Congolese president Laurent Kabila, led a popular uprising against the then government of Mobutu Sese Seko ; in 1992 and 1997 the Kenyan people voted in Daniel Moi and the Kenya African National Union (KANU), into power.
People like President Fredrick Chiluba of Zambia, and President Laurent Kabila of the United Democratic Republic of Congo, may not have lived up to their people's expectations, but the beauty part of it, is that they are products of the epic African renaissance of the 1990s, the second liberation so to speak : a people clamouring for change, and actively seeking it. Kenyans from all walks of life are forever calling for change, but our experience shows that we are not for real change, and would rather that the status quo maintain. What is depressing is the fact that no practical lessons on change were learned from the Kenyan general election of 1992, and it is apparent that history will again repeat itself in 2002, if not sooner.
What adds mockery to the constitutional review debate, is the fact that religious bodies have averred to press the government for a people centred change to the constitution. This is when a brief overview of religious organisations in Kenya reveals a Catholic head who drives the latest model of Mercedes Benz in the face of abject poverty, an Anglican church head who was recently involved in a physical confrontation regarding leadership wrangles in a diocese, and Muslim leaders who publicly squabble over the commencement and conclusion of the important muslim fast month of Ramadhan. As this goes on, we see media images of people in Malindi, who daily risk their lifes to cross crocodile infested waters, and read about a "prosperous" slum family in Kisumu that is the envy of neighbours, because they can afford to set aside 10 Kenya shillings (approximately $ 0.14 ), for emergencies.
The majority of us are living a miserable life with scant hope, and it will only get worse, until we develop a real will to change. We have gone wrong because we are self-centred, self-seekers, unwilling to listen to the voice of reason. Everyone is an authority unto themselves in this country, and it's no wonder that basic functions like queues, which are aimed at creating law and order, are brushed aside with contempt. We don't respect the basic tenets of law and order, yet there is a clamour for constitutional change : how ironic. Like Marie Antoinette, many of us are under the illusion that there is no bread, but that there is cake in abundance.
All of us have to make sacrifices for the common good, and in any case, there's not much we are holding onto. This is a good country, and there's absolutely no reason why we are mistreating it and ourselves in the way that we are. A review in the constitution of thought, and not a constitutional review, is what we need.
Transmitted: 6 July 1999
What makes nonsense of the call for constitutional overhaul is the fact that laws that are already in place, and which are geared for the benefit of the majority, have been grossly abused. The controlled tenancy act is an example of one such law. The controlled tenancy act came into being soon after independence in 1963, and was part inducement for the setting up of African businesses. The essence of the act was to ensure that rents were regulated by the Business Premises Rent Tribunal (BPRT). Landlords / property managers could only increase rents bi-annually, and with the approval of the BPRT. This law has been grossly abused in present day Kenya, with BPRT mandates being openly flouted. We have today the notorious, punitive and man-made, "goodwill", which is simply money extorted from would be tenants, and which is of complete detriment to business in general.
Our foremost priority should be how to combat the debilitating ills of momumental corruption, poverty, unemployment, hunger, disease, crime, and drug abuse. If there is to be a public referendum, then it should be on how to combat these ills, and how to create wealth for the majority.
Experience has shown that this country lacks a real will for change, and this is the reason why we still moving in circles 36 years after independence. We lag behind even by African standards. An example of this is our poor showing in in the African renaissance of the 1990s, inspite of the the persistent complaints against the present regime. This clearly comes out when the following comparisons are made vis a vis the Kenyan nation :
In 1992 the Movement for Multi-party Democracy (MMD), was voted into power in Zambia following years of disenchantment against the Kenneth Kaunda regime ; in 1994 the late Mashood Abiola won the Nigerian presidential election, and General Olusegun Obasanjo repeated this very feat this year ; in 1995 , Bakili Muluzi beat the late Kamuzu Banda for the Malawian presidency ; in 1994 the legendary Nelson andela became the president of a new South Africa by popular vote, and Thabo Mbeki has just accomplished this same feat ; in 1996 Yoweri useveni became the popularly elected president of the Uganda on his very charismatic campaign slogan of "no change" ; in 1995 Benjamin Mkapa was popularly elected president of the United Republic of Tanzania ; In 1996 the charismatic Jerry Rawlings, was elected president of Ghana, though belonging to an earlier generation of African intellectuals ; in 1997 Congolese president Laurent Kabila, led a popular uprising against the then government of Mobutu Sese Seko ; in 1992 and 1997 the Kenyan people voted in Daniel Moi and the Kenya African National Union (KANU), into power.
People like President Fredrick Chiluba of Zambia, and President Laurent Kabila of the United Democratic Republic of Congo, may not have lived up to their people's expectations, but the beauty part of it, is that they are products of the epic African renaissance of the 1990s, the second liberation so to speak : a people clamouring for change, and actively seeking it. Kenyans from all walks of life are forever calling for change, but our experience shows that we are not for real change, and would rather that the status quo maintain. What is depressing is the fact that no practical lessons on change were learned from the Kenyan general election of 1992, and it is apparent that history will again repeat itself in 2002, if not sooner.
What adds mockery to the constitutional review debate, is the fact that religious bodies have averred to press the government for a people centred change to the constitution. This is when a brief overview of religious organisations in Kenya reveals a Catholic head who drives the latest model of Mercedes Benz in the face of abject poverty, an Anglican church head who was recently involved in a physical confrontation regarding leadership wrangles in a diocese, and Muslim leaders who publicly squabble over the commencement and conclusion of the important muslim fast month of Ramadhan. As this goes on, we see media images of people in Malindi, who daily risk their lifes to cross crocodile infested waters, and read about a "prosperous" slum family in Kisumu that is the envy of neighbours, because they can afford to set aside 10 Kenya shillings (approximately $ 0.14 ), for emergencies.
The majority of us are living a miserable life with scant hope, and it will only get worse, until we develop a real will to change. We have gone wrong because we are self-centred, self-seekers, unwilling to listen to the voice of reason. Everyone is an authority unto themselves in this country, and it's no wonder that basic functions like queues, which are aimed at creating law and order, are brushed aside with contempt. We don't respect the basic tenets of law and order, yet there is a clamour for constitutional change : how ironic. Like Marie Antoinette, many of us are under the illusion that there is no bread, but that there is cake in abundance.
All of us have to make sacrifices for the common good, and in any case, there's not much we are holding onto. This is a good country, and there's absolutely no reason why we are mistreating it and ourselves in the way that we are. A review in the constitution of thought, and not a constitutional review, is what we need.
Transmitted: 6 July 1999