Constitution opinion: Have the people genuinely desired a new constitution?

By NZAU MUSAU

COMMITTEE of Experts chairman Nzamba Kitonga told of a very enthralling but analogous story of an aerial man’s view of human beings on the day he launched the first harmonized draft last year.

The story goes that this man from Mars had been watching the men on earth below (human beings) for some time and he noticed they moved from their house in the morning, entered another house (car), moved with it and entered into yet another one (office).

In the evening the same cycle would repeat with the men moving from their houses (offices) into other houses (cars) and back to other houses (home). This went on day after day, week after week, month after month and year after year.

The man from Mars began to wonder; if the idea of human beings is to be in a house, why do they move from one house to another? After much soul-searching, he concluded that human beings are either confused, chaotic or both.

This story told by the Senior Counsel on the day he launched the proposed draft constitution best captures the Kenyan plight in as far as the struggle for a new constitution is concerned.

A person watching from outside would notice the elements of confusion littered throughout our struggle which has spanned decades and made world history.

Ours is a story of both promise and betrayal, bravery and cowardice, hope and despair among other such abysses which have afflicted us in our quest for a new constitution.

If the idea of Kenyans has been to clinch a new constitution, one might wonder, why haven’t they been unable all those years?

Why do they miss all the moments; from the “No reforms No election” calls of 1997, down through the IPPG debacle, Bomas One, 2002 Narc triumphal entry into power, Bomas Two and 2005 referendum?

If the idea of a new constitution is a genuine one- because that is where we must start, what then explains all the change of color in those who once led the original cause? In this case, one would be at a loss to explain Kiraitu Murungi’s virulent opposition to Bomas Draft in 2004.

Better still, what would explain President Kibaki’s behavior in 2004 contrasted to his days as the opposition leader when he presented his views at County Hall to Prof. Yash Pal Ghai’s team and cited imperial presidency as overriding cause of conflict in Kenya.

Again if it were a genuine one, one would have to explain why both sides of the divide in 2005- Kibaki’s side and Raila’s decided to play poker with the cause and why Kenyans played along.

Interestingly, I have seen in the past politicians admitting that they deliberately misled Kenyans in 2005 for their own interests.

If the idea of new constitution is a sincere one, wouldn’t Kenyans first demand public apologies from these charlatans who are now positioning themselves as knights in shining armors this time round?

Talking of the 2005 debacle which Kitonga says produced nor winners or losers, where did the desire for a new constitution go after Kivuitu declared the Wako draft as defeated? Again, if the desire was genuine, would not have the struggle picked on from November 22nd?

Would have the so called “Orange luminaries” accompanied by one of the biggest crowds I will ever witness in this country gone to Uhuru Park to cut a victory cake or to mourn the loss of yet another opportunity?

Going by the above premised questions and their apparent answers, one could logically conclude that this struggle has not been a genuine one in as far as all the Kenyan people and their various characteristics and divisions are concerned.

I submit here and without fear of contradiction that the quest for a new constitution has not been a genuine one especially for the masses. The political class has shown some measure of divided genuineness which unfortunately is laced with confusion, chaos and self interests.

The masses have definitely expressed the need for a new constitution as exemplified by the thousands of views given to the Ghai review team but they have not concretized that need with genuine commitment to its attainment.

And yet more than anybody else, a new constitutional order would benefit the masses most because it is they who have suffered the brunt of a skewed constitutional order.

It is not too late; the masses can transform their need into a genuine desire by taking the lead this time and keep away from the deceitful guidance of the political class.

The country now boasts of substantial majority of enlightened masses who should now appreciate the vanity of an endless struggle, vote in this document mindlessly and put in place mechanisms to address its shortfalls at a later time.