Saturday, December 26, 1998
Constitutional review must stress 'one Kenya'
By initialing the Constitution of Kenya Review Commission Bill last Thursday,
the President gave Kenyans perhaps the best Christmas gift this year for
it means that the long-awaited, hard fought for review has started in earnest.
It has been a long time coming but with its start virtually set, the high
cost has not been in vain.
Yet, it will be imprudent if, in applauding the success of forcing
the formerly recalcitrant government to cut a deal on the review, Kenyans
lose sight of the fact that the ultimate prize really is the construction
of a Constitution which addresses the fears and concerns that brought about
the crisis of governance the country is labouring under, and guarantee
that the laws will not be abused in future by the ruling elite and violated
to serve narrow interests.
The first step towards achieving this, of course, is for those
groups and organisations identified as being fairly representative of the
broad categories of citizens to choose prospective commissioners with absolute
care and sobriety. Other than the essential characteristics of moral probity
and high sense of civic duty, the commissioners must have exhibited clear
traits of nationalism and broad knowledge.
This is not the time for the organisations to start rewarding
those who they think are owed a favour because maybe they suffered for
playing too visible a role in the campaign to win the right to change the
Constitution. Being an activist does not necessarily make one the best
candidate to lead the exercise of reviewing a Constitution which must,
in the final analysis, protect and promote the interests of even those
initially (or still) opposed to the review.
It is both practical and realistic to define interests that must
be borne in mind, it is more important to remember that it is one Kenya
we wish to have, whichever way we want to govern it.
The Attorney-General should shortly be receiving proposed names
for commissioners to lead the review. Let them represent the Kenya we wish
to build, not the one that we have come from. Let more youthful minds work
with the steadying influence of age and acquired wisdom to design and push
through in the new Constitution the dynamic vision of a country whose people
are proud of what they can do for themselves and the region.
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