After a long, eventful and emotional journey, Kenya has come to the end (nearly) of the quest for a New Constitution. I say nearly because what we have now is an anticlimax where the Draft Constitution has been given the go ahead to become law. However the real destination is in the implementation of the same, and positive reforms as expected by our citizens resulting from that implementation.
The winners and losers of the process are all of us. We all win in the good parts of the Constitution, and we all lose in those areas that are negative to our society and democracy. Hopefully the good will overcome the bad. There is only one law for all of us so, no matter how we voted as individuals, the law will apply equally to all of us (well, at least that’s the general idea.)
Undoubtedly our Nation just entered a whole new landscape in terms of administration and legislation. The reforms proposed in the Draft are extensive and if implemented correctly, we will not recognize ourselves for the changes. We will probably spend years getting used to the new systems and new ways of doing things.
Needless to say, getting a New Constitution is the theory of it. Observing it on the other hand will be the challenge for those in positions of authority over us. It is no secret that the current Constitution has been violated over and over again by powerful individuals with little consequence to the offenders. We will be hoping then that the much talked about New Constitution will be followed and respected by all, not just by the common man who gets the blunt of justice for offences while the sacred cows go free over the same. If it is a new dispensation, let it be new indeed. Let the systems that are supposed to guide and protect us not only do so, but also ensure no one is above that law, literally.
Meanwhile there is still no word of arrest or even progress in the investigation over the Uhuru Park blasts, where 6 innocent Kenyans died in the process of exercising their constitutional right concerning the proposed law. At a time where any such acts that border on terrorism are treated with unparalleled seriousness and urgency, it’s curious that our police have made no breakthrough in the case to date. This mars the process and leaves a bad taste in the mouths of many Kenyans, making the way the New Constitution was served to us quite unappetizing. No one expected any Kenyan to have to die over something that was meant to be for all of us. I pray that somehow, the tree that grows out of their bloodshed will be a productive one for posterity.
If the New Constitution can unite us and not divide us, if it results in better systems and governance; if it brings real progress and prosperity to our society and economy, if it ensures proper justice, fairness and freedom; if it prevents individuals and organizations from exploiting the populace, then we will have won, we will have achieved, we will be the better for it. If not then it is just another expensive, time wasting gimmick.
Most constitutions are good if properly implemented. But all constitutions can be abused and rendered ineffective in providing an enabling atmosphere. We hope that the political will that was demonstrated in pushing for the Draft Constitution will likewise be demonstrated in implementing the New Law.
It is refreshing to note that Kenyans from across the political divide can unite so strongly over issues of national importance. I hope this is a new trend to be henceforth repeated in all issues concerning the nation, and that national elections will no longer be about personalities but rather, about issues important to our country, our citizens. This is indeed a fine hour, a defining moment.
Amidst all the uncertainty, there’s real progress here, real gain, real treasure.
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