Kenya Constitution: A Government Project?

By George Nyongesa

We, the citizens of Kenya, wish to make this statement to register our utter dismay at the brazen assertion
by Prime Minister Raila Odinga that the proposed constitution is a government project. This kind of opinion
worrisome and betrays inclination of the executive to misuse its power as stick on those who hold contrary
views on proposed constitution.

We wish to point out that it is misguided, unacceptable and repulsive to attempt such an abrogation of the
constitution making process by the government which amounts to the exclusion of the citizenry to whom the
process first and foremost belongs.

What Kenyans are engaged in right now is a process where we as the people who live in the territory called
Kenya are coming together to negotiate a social contract that constitutes us into a State and it is in that
State that a government is charged with a management and administrative function.

Therefore, an incumbent government, as it is in our case, being a creature of an existing constitution cannot
in the review of the social contract claim to adopt the constitution review process as a government project.
There are Kenyans whose political affiliations are not in the coalition government and therefore we find the
Premier’s utterance to be ill informed and must be corrected immediately so as to assure cordial
environment that allows us persuade majority of Kenyans to feel part of the process and vote for the
proposed constitution.

What the Premier and his government colleagues may need to apprise themselves is that the government is
but one of the elements of a State and the people are the most important part of that State. It follows that
the constitution review is a people’s project, at the referendum each shall have one ballot hence all of us
including the President, Prime Minister and all Minister, we are equal. The referendum is not George Orwell’s
Animal Farm where some voters shall be more equal than others. 

The PM needs to be reminded that in the 2005 referendum it only took the mischievous labeling of the
proposed constitution as a government project to make the process utterly fail. Therefore, unless it is to that
same slippery steep slope that the Premier wants to put this process, the government should stay away
from appropriating the new constitution quest to government circles and allow the people of Kenya to own
the process and play their rightful role without intimidation, coercion and misrepresentation.

While the political parties can play a role as part of the commonwealth, we are highly opposed to their using
State resources, especially taxpayers’ money, to fund themselves to canvas the country, village to village, in
the pretext of selling the proposed constitution yet we know that they are laying grounds for 2012. As a
matter of fact, in their engagement in the campaign for the new constitution, it would be desirable that they
abstain from employing the politics of power play where opposing sides compete to show their might. It is
this politics of power play that created the ‘No camp’, that wobbles some politicians between ‘Yes and No’
and also gags others as a strategy for 2012 election politics.

When we entrusted the coalition government with the task of spearheading reforms, including the
constitutional review process, theirs was merely a coordination and custodial role. Coordination of the
people through the creation of necessary laws and infrastructure for the people of Kenya to effect reforms
that would improve management of their State affairs, and custodial in as far as they are charged with
safeguarding Kenyans’ interests. By no means did this mandate charge them with taking over and
subverting the larger interests for personal political ambitions.
In order to anchor the constitution making process in the citizenry there must be more concerted effort for
ordinary citizenry’s participation and not political elite power play. The political elite may need to know that
we are also engaged in the campaigns for ratification of the proposed constitution; however our campaigns
employ persuasion not coercion.

Finally, we wish to make the following appeal to our fellow citizens:

The new proposed constitution is about a new generation, a new vision for Kenya and new leadership that
will make your welfare matter at all levels. If you still have not registered as a voter, please do so at the
nearest constituency that is still registering voters today. You will have a chance to change come 2012
general elections. Read the proposed constitution and attend civic education so as to immunize yourself
against misrepresentations, half truths, lies and propagandas on the proposed constitution from politicians.
You can read the proposed constitution chapter by chapter at http://www.bungelamwananchi.org/ Purpose
to vote during the referendum. Your one vote will be very crucial in determining the outcome of the
referendum.

George Nyongesa. http://www.bungelamwananchi.org/