Another Sad, Sad Day for Kenya

Exasperation – that’s the feeling one gets at the end of the one year mandatory period for the implementation of the New Constitution. Yesterday our beloved President gave a speech congratulating our legislators for passing the necessary bills in time to beat the 27^th August deadline. But did they really deserve that commendation? Mhh, now let’s see….

Our MPs had 365 days to pass the bills necessary to put our Constitution into effect; but, as usual, theatrics took centre stage almost as soon as the referendum had passed. Side shows ensured the implementation of the New Constitution was conveniently locked away in the closet. What with the debate on whether or not the Ocampo Six should go to the Hague, what with the round of campaigns on how to help these ‘our sons’, ‘our brothers’ and all the other ‘ours’ escape the Ocampo whip.. Plus all the early campaigns for the 2012 Presidency, who will merge with who, who will dethrone who… Then there was the never ending debate on whether or not, and when, the MPs should pay tax (never mind taxation was entrenched in this same New Constitution): Not to forget the incredibly long period of time spent on infighting within political parties, some of which have now all but split up…

It was no wonder then, that a week to the 1^st Anniversary of the promulgation of the New Constitution, legislators were rushing to pass necessary bills; not all bills, just a few selected ones needed to get by. So Kenyan, so African – hakuna matata – take your time, tomorrow is another day!

So why should we congratulate them for burning the midnight oil doing in a day or two what they should have done in 365 days? But then maybe this was the plan all along. The plan so they could do what they did within those two days – mutilate the very Constitution Kenyans had worked and died for. A Constitution that was in the making for 20 some years, a Constitution for which Kenyans died, a Constitution which received a nod at the referendum at the behest of these same politicians - was mutilated as we all watched.

Practically anything in those bills that interfered with the comfort, pockets and convenience of our politicians, was scrapped. No party hopping – scrapped! Requirement to have a university degree – scrapped! No more than 2/3rds of the same gender – scrapped. Vetting – no no!

Now I know legislators are there to pass laws, but is it prudent to lead Kenyans to believe that we now have a Constitution that safeguards our rights, streamlines the behavior of our leaders, and ensures progress for this nation, only for these to be taken out of our hands as we watch, without as much as a single consultation? After consulting so much during the formulation of the New Constitution and pretending to care, how could our leaders now betray us so much, undoing the very Constitution we had believed was going to change this country? How could they undo the Constitution before it even really came into force?

Does anything really change in Kenya? We thought this Constitution guaranteed basic human rights, but our fellow Kenyans in Turkana and its surroundings starved as we watched, with several dying… and now we realize anything in that Constitution can be amended without a second thought, to suit our politicians, not Kenyans.

What really has changed in this country? So we charged and took a few big fish to court on corruption charges, but soon they were all but cleared of the same. Is any big fish ever guilty in this country?

When church leaders pleaded with the leaders to revisit contentious issues in the New Constitution and amend them, they were categorically told the Constitution had been passed by majority of Kenyans at the referendum and was cast in stone, and so nothing could be amended. But, in a single day or two, our ‘honourable’ politicians have proceeded to amend anything in the formulated bills that they didn’t like, without as much as a second glance at the Kenyans who passed the Constitution, despite the public outcry.

So then maybe this was the plan all along, to delay the passing of crucial bills until the last minute when they can be hurriedly amended and passed without any chance for anyone to cry out, or anyone to go to court. No wonder then they concluded in the middle of the night before anyone could get a court order against bills which had not been scrutinized by the committee for the implementation of the Constitution.

So no, Mr. President; I love my President and make no secret about it – but on this occasion he is wrong. He is wrong to congratulate this bunch or expect us to do so. I am deeply aggrieved and so, I’m sure, are many of my fellow Kenyans. We have been let down by our leaders; many times before have they let us down, but this time round they’ve simply brought us down, insulted us and proceeded to trample all over us. The word Parliamentary Dictatorship scaringly comes to mind…

The rushing, the mutilating of those crucial bills is a national shame, and a scourge on a document we would otherwise have been very proud to have and to implement, our New Constitution.

This brings to mind the words of one of our many ‘prophets’ (pardon me but I can’t always tell a true one from a false one) who told us all from the Bench that we would be disappointed in regard to this New Constitution. I’m sure quite a few skeptics laughed him to scorn, but not many are laughing now. For we’ve already been quite disappointed with the behavior of our leaders, but this, this that happened this week, goes right down into our guts…  disappointed, disregarded, held in contempt, betrayed, yet again lorded over… God I pray that it will not always be so, that someday soon we will indeed get the freedom which we, obviously, must continue to fight for…