The future of the Kenyan constitution

To:
The UNO
The AU
The Kenya President
The Kenya Prime Minister

RE: THE FUTURE OF KENYANS AND KENYA IN THE CONSTITUTION

The debate about the Kenya constitution dates back in 1989 when a number of high ranking government ministers went all over Kenya collecting views from the public in what was called the Saitoti review commission. Millions of Kenya shillings were spent on that exercise. Up to this day no one knows the fate of all what was done by the commission. It is now 20 years since the first talk about the constitution began. Every time when the elections gets closer the talk about the constitution and other issues which affect Kenyans, are raised by those aspiring to take leadership positions in Kenya. Everything about the constitution, fades soon as elections are over. Today there is an uproar about the constitution review process.

Pressures from all quarters, are being exerted on the Kenyan leadership to implement reforms. What is not exactly clear is the readiness, honesty and genuineness of the current leaders to draft an acceptable competent constitution that will contain and control the corrupt, brutal, arrogant, tyrant and dictatorial Kenya leaders. During the referendum of 2007, the two forms and types of the two constitution drafts did not provide comprehensive safeguards to save Kenyans from tyrants and dictators, who from time to time, have been violating the good sections of the existing Kenya constitution. For example; the protection of Kenyans and their properties and the freedom of ownership of properties anywhere in Kenya by any Kenyan, are enshrined in the current Kenya constitution. This is very well defined in the existing constitution yet Kenyans have continued to lose their lives and their properties every now and then. The Kenyan leaders have continued to violate the exiting constitution with immunity. The unlucky and unfortunate nation of Kenya has been a victim of brutality and arrogance from its own corrupt leaders whose envy is to loot public funds and to enact bad laws which hurt Kenyans.

They have continued to increase their salaries every moment, even when Kenyans are dying of hunger and poverty. In 1980, the Kenya members of parliament kept silent after the former president Moi unconstitutionally invalidated the union for the Kenya civil servants through a dictatorial decree. Following the invalidation, the civil servants lost billions of Kenya shillings in form of assets, properties and a lot of money in various banks all over Kenya estimated to be worth Ksh60 billion, a wealth they had accummulated since 1959. In 1982 the Kenya parliament enacted a law which made Kenya a one political party state. In 1986 the same members of Kenya parliament removed the security of tenure of the offices of the attorney general, the judges, the public service commission , the controller and auditor general. As recently as September 2007, the Kenya members of parliament through an act parliament, pardoned all members of parliament, who committed atrocities and other crimes before 2003.

The same members of parliament, for a number of months, aggressively demanded for blanket amnesty for all those who financed, sponsored and all others who were involved in the post election violence, before the Waki Commission of Inquiry into the post election violence was formed. The members of parliament, also gave Hon. Ruto, who was accused of involvement in the maize scandal, a clean bill of health. Most members of the Kenya parliament cannot be relied upon to draft a good constitution for Kenyans. They have looted so much money from the public offers and they have grabbed so much public land, such that drafting a good constitution for Kenya, is to them committing suicide.

This is what the outside world does not understand. They are already compromised. In order for Kenya to have positive change that can be beneficial to Kenyans and which can enable them to realise good governance, there should be a house clean up or a revolutionary change. It is a practical impossibility to have in place in Kenya a good constitution with the current breed of leaders, because most of them are tainted with corruption and do not have any value for human lives. Those same Kenya leaders have been inciting Kenyans to kill one another and they have been watching Kenyans die from hunger and poverty as they exhorbitantly increase their salaries year after year.

The Kenyans Eyes from the Diaspora Group has a draft constitution which would provide good governance for more than 400 years of comfort and peace for Kenyans. The draft with the Kenyans Eyes from the Diaspora Group has the following areas of concern which form part of the constitution draft:

- Structures which prevent corruption and political murders.
- Structures which fully protect Kenyans and their properties.
- Structures which give the parliament powers to cross examine presidential appointees and approve those capable and/or dismiss those found not capable.
- Structures which redefine the roll of the police in times of internal conflicts, chaos and/or demonstrations.
- Structures which redefine the rolls of mayors, the provincial commissioners, and their junior officers
- Structures which prevent the abuse of powers by the president and the parliament.
- Structures which allow intellectuals and men of integrity to explore the biography and the proven abilities of any would be leader in Kenya in any capacity, with the provision of powers and authority to grill and thoroughly interview those would be leaders to determine their fitness and competence to lead.
- Structures which provide adequate penalties for those who harass, intimidate, suppress or kill others for reasons of election misunderstanding, land disputes or any other disagreements.
- Structures which provide methods and ways of equal distribution of the natural resources including grants and loans given to Kenya.
- Structures which define penalties and the prosecution processes of those who violate any clause in the existing constitution in Kenya.
- Structures which decentralise certain powers for proper and efficient governance at both the district and provincial levels of governance.

The drafting of the new Kenya constitution has taken so long because those involved in the exercise, are the same people who have been looting public funds and have been committing various atrocities which involve among others, political murders, sponsoring and financing mass killing of innocent Kenyans. Over 800 Kenyans were killed in less than a week in 1991 and over 1,200 Kenyans were killed in 2008 in one week.

In both incidents, the Kenya politicians sponsored and financed the killings. So, any constitution drawn by them, will avoid certain important areas which they think, may jeopardise their future political ambitions, because of their past bad records. Going by what happened in January 2008, the ODM (Orange Democratic Movement) leaders and PNU (Party of National Unity) leaders were to blame.

The Kenyans Eyes from the Diaspora Group wish to plead with the UNO and the AU to be prepared enough in 2012. There should be in place a peace keeping force ready four months before Kenyans 2012 elections. The worst may happen especially because most political opportunists and those greedy for leadership in Kenya, now understand that the qualifications and the license for power sharing, is to have a private militia force, strong enough to cause havoc that can command recognition, both locally and internationally.

Sincerely,

Isaac Newton Kinity
Former secretary general, Kenya Civil Servants Union and executive director of Kenyans Eyes from the Diaspora Group

Kimani wa Gachahi
Former health officer, Kenya and secretary/coordinator Kenyans Eyes from the Diaspora Group

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