ARE WE DRAFTING A CONSTITUTION FOR POLITICAL PARTIES. POLITICIANS AND THE RULING CLASS ELITES,OR,AREWEDRAFTING IT FOR THE REPUBLIC OF KENYA AND IT’S CITIZENS? By Mungai.

Are we drafting a constitution for political parties and the ruling class elites, or, are we drafting a constitution for the republic of Kenya and its people?

This is one question we need to bear in mind, ask and ponder when drafting this constitution. If the recent occurrences and the sheer shenanigans that are happening in the name of constitution are anything to go by, then, we are doomed to fail. And it seems as if entrenching anew constitution in Kenya is a tall order or has been jinxed. Different divergent views do emerge, as each camp insists on its way.

The whole process of constitution making has at all times been hijacked by the politicians and the ruling class elites, as the process is turn twisted to an avenue for setting political scores. If they feel that their interests aren’t catered for, or, it might threaten their maneuvers, then the whole process is scuttled like it happened in the year 2005 constitution referendum where the realization of a new constitution order varnished in the thin air just because an M.O.U wasn’t honoured.

According to most political observers, the realization of a new constitutional dispensation will be realized if the political class do offers the necessary political will, rise above the fray and dump the partisan and cheap politicking interests they load into the system.

Also, we must delink the constitution making with politics because too much politicizing creates different tribal factions, the sideshows that are acted by the politician’s acts as a major hindrance to the realization of a new constitution.

The recent exchange of salvos erupted after P.N.U side of the coalition submitted their draft proposal input on what and how they want the draft constitution should be drafted on their view to the committee of experts. The P.N.U favours the hybrid system of governance, with the president as the chief authority.

The O.D.M counterparts have countered their proposal by dismissing it and thereby stamping their authority and they insisted that they favour the Bomas draft which has favoured the parliamentary system of governance.

And, it seems as if the occupancy of too much ground by the political parties may hamper the realization of a new constitution dispensation. If the political parties fails to over the necessary political will, the final draft document will turn out be a matter of contencity among the two political factions is trying to lodge a claim stake in the document so that their interests can be catered for, as they try to portray themselves as reform minded.

The task of harmonizing the draft constitution document was laid to the committee of legal experts which is been led by senior counsel, Nzamba Kitonga. They are the ones who are mandated to come up with an acceptable document which will be put to the referendum for people to accept or reject it.

The committee has also mandated to harmonize several past drafts that’s Bomas, Wako can add any other proposal which may be submitted to them by interest groups.

But the clamour to the realization of a new constitution in Kenya has been tedious and many battles have been fought. And in the year 2005 we were only a heartbeat away to this realization, but due to narrow mindedness among the politicians and other shenanigans drained the whole process.

Even the newly appointed Justice and constitutional affairs minister, Mutula Kilonzo has promised and made it his first priority to deliver this document. The honourable minister has been telling everyone that he will deliver this constitution which has been elusive for many years. He has advised the political parties and activists not to politicize the constitution making and instead they should submit their proposals to the committee of experts.

But, are we going to settle the milestone this time round, once and for all and deliver a document which will be acceptable to all, which will address all pertinent issues that has been a major hindrance to the growth of the country which also fuels the political violence’s?

The political parties, politicians and the ruling class elites have been a hindrance to the realization of a new constitution after realizing that their interests may not be catered or may threaten their maneuvers, They do facilitate the scuttling of the whole process so that they can continue to manipulate the system at the expense of poor Kenyans.

And until we approach this whole process of drafting with a sober mind the realization of a new constitution will remain a pipe dream.


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