HAVE WE AT LONG LAST RESOLVED THIS CONSTITUTION QUAGMATIC RIDDLE? By: Mungai

Have we at long last resolved this quagmatic of which it’s solution has been elusive? this is one riddle which has dogged us for quite along time ,made the guts to burn off, broke political promises and above all derailed the entrenchment of a new constitution dispensation.

But, as a matter of fact we can’t we can’t place the blame elsewhere as it is the matter of nature humans are subjected to differ naturally to each other as they are different according to how they perceive and process reality.

This is a dramatic twists of events that the parliamentary select committee which was deliberating on revised draft constitution has reached a compromise and unanimously agreed to adopt am American-style presidential system for Kenya among other basketful of contentious issues.

This issue of political power which happens the rest with the Executive, with the president acting as the appointing authority has been described as too imperial which has augured well among the Kenyans ass it courts some ills which affects the country due to lack of well laid laws and proper checks and balances on the system of government.

The system of government to be adopted has turned out to be the real riddle that’s haunts us. Our main subject of concentricity was where to place that centre of power ,the brains and heart of any operating government .we were sprit and trapped in the course of two factions, whether to adopt either the unitary system, presidential system ,or ,the parliamentary system, had been a major headache and problem.

How to dismantle the legacy of an ‘imperial’ presidency has been the bone of contention between partners of the grand coalition government .the key political protagonists and their foot soldiers sided with either the two factions with each dancing to the tune to where he do pledge his political loyalty too.

A majority of the Kenyans who submitted their views to the committee of experts on the draft constitution rejected a bifurcated executive, arguing that the two canters of power pose a risk to national unity and stability in an ethnically-divided country and handing over power to a premier minister elected by a handful of parliamentarians undermines the tenets of democracy the principle of accountability and the sovereignty of the electorate.

The journey to the attainment and entrenchment of am new constitution has been tedious and mind boggling and the earlier attempts to rail it down has failed miserably because of the law givers have always failed to address amicably and maneuver around and settle this hot contentious issue which has been the subject of concentricity .

In the year 2005, we were only a heart beat to that attainment but this riddle proved it’s quagmatic ideals and hampered the way. It acted as a major stumbling block and all our efforts, money and considered inputs drained down the drains. and, it was on that time that the country started losing it’s track, as this is when the country started becoming polarised ,the seeds of discord ,hatred ,tribalism and animosity among tribes was planted and it’s ripeness necessitated the eruption of post election violence after 2007 general elections .

The reports that parliamentary selects committee on constitution has agreed to resolve this riddle and the mode of formation of government is applaudable.The political class must be encouraged to deliberate accordingly so as to take a common stand on all the contentious issues and give us one unifying, agreeable document which will have accommodated the views of all Kenyans on board.

To its credit, the P.S.C drew to attention parliament, judiciary and devolved government units as its natural and sufficient curbs on abuse e of power r by a powerful President.

The parliament select committee is a parliament, is a parliamentary committee which was established by an act of parliament with a mandate to help steer and offer guidance to in the constitutional making process with it’s members being drawn from the member of parliament .with the process having already entered that crucial stage where the parliament will have its input put into consideration and that’s why they retreated at Naivasha to deliberate on the process before they submit their input to the committee of experts.

The 26 member of P.S.C on the constitution is debating and seeking consensus on the draft constitution ahead of the referendum to be held later this year. The team was expected to reach an agreement to prevent fallout similar to the one experienced ahead of the 2005 referendum when political leaders were divided. The divisions led to the polarization of the citizens’ party and ethnic lines.

This time round this riddle shouldn’t turn out to be an anti-hill to us again. We shouldn’t be in a hurry to fix this constitution because as we know we are in one of the delicate stage of the process where we might mould, or, break it if we fail to address the issues that keeps on haunting us over the years we might live to regret.

But, we must be way of these leaders because in the first place they are politicians as they could be chanting sweet words, words, but, behind the scenes their actions speaks otherwise. as ,Tom Kagwe ,commented in the letters to the editor in the daily nation ,that Kenyans must wake up to the reality that the real enemies of Kenyan’s search for a new systems are the few people they elected.

And, to our parliamentarians we must refer to them a phrase that was written by Machiavelli, in his book “History of Florence”. He wrote that “divisions” sometimes injure and sometimes aid a republic. The injury is done by cabals and factions; the service is rendered by a party which maintains itself without cabals and factions. Since, therefore, it is impossible for the founder of a republic to provide against enmities, he must make the best provision he can against factions.


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