Wednesday, February 3, 2010

Kenya's New Constitution


Kenya’s New Constitution

The dictionary defines a constitution as a “system of fundamental laws and principles of a government, state, society, corporation, etc.”

As I read the draft constitution and listens to opposing views on the system of governance that Kenyans wanted to live under; I couldn’t but ask myself how the “constitution review committee” arrived at the final draft.

Did these individuals ask themselves: why did Kenyans unite to fight against colonialism? How many convictions that we fought for have we actualized since independence? What principles drive Kenyans (42 tribes) to stay as one nation? Are ideas such as justice for all, domestic tranquility, freedom of speech, freedom of religion, due process of law, the right to vote and the notion that a people can be united under a strong central government but still be protected from government abuses by certain checks and balances.

Do we as a people have common values…common driving principles?
Does a Pokot man have the same rights and due process as a Luo man?

If we as individuals do not have personal constitutions, what makes us think that we can have a common constitution? There is a saying that says “if you do not know where you are going, you do not need a map”. Do we Kenyans know where we are going or where we want to go? If not then some artistically written works will not take us anywhere.

This also begs a few more questions: How many Kenyans have read the existing constitution? What is wrong with the existing constitution? Is a new constitution the solution to all Kenyan problems?

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