The Draft Constitution is out. I am actually elated that it came out this soon and more so because we get to give feedback on what we think. I have just acquired a soft copy version because it would be easier to peruse through it while I do my work on the computer. That is the good part. The bad part I politicians have started running their mouths, spearheading posturing antics that can threaten yet another constitution making process. The scary part other than them not reading the draft first before opening their mouths is that they probably have an audience that is either too illiterate, to ignorant, both, or too tribal to think otherwise. That is what I want to write about today.
First I will let you know where I am at. I have been busy with my thing that has started setting its own agenda and dictating my pace. But even with that, I picked up a copy of the draft constitution so that I can read it and make my own conclusions about what is of contention. I am sure that many sober minded Kenyans are with me on this point. Even the not sober minded have the reality of the 2007 elections to sober them up for long enough read through this document. But I am afraid that things are still the same with regard to thinking for ourselves and not relying on political impulses for decision making.
A few years back, we were in the same place that we are at now. The Bomas draft was out and all the people I look up to for political, civic and legal wisdom were almost content with it. But then the AG took that draft, ran around with it; from Kilifi to Naivasha and I think Kilaguni too. In the end, what he presented for us to vote for at the referendum was not what was produced at Bomas. Being a lawyer, he knew which clauses to “edit” and had done so. The people I look up to said that this was a bad thing for so many reasons. They partly influenced my decision. Largely, I voted no for the draft constitution then because the AG “a lawyer” had run all over the country with this document and all over sudden it was billed as better than the Bomas Draft. I thought not and my gut said NO! So I voted no. Not so much because I read it but because I did not trust it.
And it is all about trust, isn’t it. We must all be able to trust the constitution that governs us. We should not feel that the constitution is skewed towards some interests more than others. I was not so sure that I could trust that constitution that the most sober minded people in the country advised me against. At the end of the day, my choice to vote no was because of this eternally wise quote,
“In any struggle between doubts and certainty, cast your lot with doubt and then proceed with certainty.”
But this year is different. I have the draft with me and will be reading it in bits and pieces for the next three weeks or so. From watching all those lawyer series from Boston, I actually believe that I have in my grasp a pretty good understanding of the law and constitutionality. More important, I understand that all legalese is subject to interruption and hence the reason I need too seek out people who will correctly inform me about those aspects of this draft that are not clear to the naked non-legal eye; the sense beyond the jargon…
Lee Thayer happens to be one of those writers who have greatly influenced my thought process. He wrote, “Pick people who inform you very carefully. They can as readily sink you as save you.”
The last time we had a discourse on the constitution, we as a country picked politicians to inform us. We now have the benefit of hindsight because we know how that ended. I propose a different route altogether this time round. Even before the draft came out, politicians were at it again, posturing for positions that they are pretty sure will be skewed in their favour. And let us be honest, most of these politicians who are already mouthing off are complete idiots. And I do not mean that as an insult, I mean it as a statement of fact. Their only asset is a loud mouth and short memories; that way, they get to shout whatever they want without thinking about it and not worrying about the implications. You and I have to worry because we were the victims of such careless speeches the last time round. So I ask you today, read what you can in the draft constitution and carefully pick who will inform you about those areas you find contentious.
I do not know about you but I have a couple of names in mind when it comes to such analysis.
- Muthoni Wanyeki: She is the epitome of calm, collected, eloquent and supremely intelligent. She’s headstrong and resilient too. She has been in the Civil Society for long enough to understand the implications of most of the issues that we will be seeking clarity on. When it comes right down to it, I trust her. She is watching my back and every time she speaks, I can confidently assert that she is speaking on my behalf.
- Mutahi Ngunyi: I doubt that there is a better political analyst in the country than this man here. He calls it as he sees it and takes no prisoners in his analysis. I advise you to read his columns in the Sunday Nation for the next couple of weeks. I am sure he will have something about this draft that you will need to ponder about. He writes well, is exceptionally intelligent, very wide travelled and has killer anecdotes in his pieces. Lastly, you’ve got to respect his candor.
- Louis Otieno: I like this guy. We would get along if we met. This is the only TV Host that I have followed from station to station. He is now at K24. This man here has the most intuitive interviews in Kenya and possibly even Africa. When politicians shy away from your panel when you invite them, you must be doing something right. WATCH HIS SHOW. H e leaves no stone unturned and will not shy away from asking what needs to be asked. He is no sycophant and his questions always catch the least bright people in his panel napping. No wonder politicians run from his shows.
That is my two cents worth. I really hope that we have learned our lessons. If I could have it my way, I would cut off the tongues of politicians.
Sobriety is needed during this most important juncture in the course of our history.
Keep in mind that progress requires some casualties. I just hope that those who inform you are not politicians and that politicians will be the greatest casualties of this new constitutional dispensation.



