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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