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Letters
Saturday, June 12, 1999

Involve citizens in reform plan

When Parliament enacted the Constitution of Kenya Review Commission Act 1997, it was an acknowledgement that our society had reached a fundamental historically defining moment which required the people's input to determine how to govern themselves through constitution-making.

This is a unique democratic opportunity which gives the citizen of any country a chance to decide how he or she wants the affairs of the nation conducted in order to guarantee security, liberty and each individual's pursuit of happiness.

Once the Constitution has been enacted it ordinarily contains provisions which allow the people's representatives to amend it. Such amendments must be delimited to refinement of the letter of the Constitution without offending its spirit.

Indeed, this is what is contemplated under Section 47 of the letter of the current Constitution which provides, inter alia, that Parliament many alter the document.

It defines the alteration of the Constitution to mean amendment, modification or re-enactment with or without amendment or modification of any provision. Properly understood, Section 47 ties Parliament's hands and only allows MPs to tinker with the Constitution without affecting its basic structure. There is a wealth of constitutional jurisprudence from India and Germany to support this view.

At this juncture in our political history, the country has chosen to re-examine itself and its institutions of governance. This is a monumental task which cannot be left to representatives who are delegates exercising delegated authority.

This exercise enjoins the representatives to enlist the input of the real wielders of power - the people - hence the Constitution of Kenya Review Commission Act.

If Parliament backtracks on its admission that the people's participation is a mandatory requirement in constitution-making, they would be arrogating to themselves the monopoly of wisdom and they will be reversing the order of logic that the principal is superior to the agent and that it is the dog that wags the tail, and not vice versa.

For the sake of this country, I hope that wisdom and pragmatism win the day and not political expediency.

PLO Lumumba,

Nairobi.

* * *

A lot has been said about the constitutional review process with little or no reference to wananchi. Let's face it, a constitution is a document for the people as a whole and not just the political elites. It is important that their views are heard as well.

The suggestion that Parliament should review the Constitution sounds reasonable, considering the cost element. However, considering that it is the same Parliament that brought about the mess we are in now, then it is not the right forum.

Secondly, our Parliament is overly partisan and the Kanu MPs will definitely favour the extension of their party's rule.

If the Constitution has to be reviewed, then the citizen's input is of crucial importance.

Francis M. Wanjia,

Kakamega.

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