Don Pushes for Law Review in Kenya to Stem Violence

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Don Pushes for Law Review in Kenya to Stem Violence

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The Nation (Nairobi)

September 2, 2008

News Article By Zulekha Nathoo And Lucas Barasa

A university professor has warned that Kenya risks another round of post-election violence if leaders fail to address weaknesses in its democratic system.

Prof Mwesiga Baregu of the University of Dar es Salaam said the ugly scenes of fighting in most parts of the country early this year were caused by the inadequacies in the approach to democracy and legitimate elections.

Describing them as deficits in the democratic equation, Prof Baregu, a member of the Political Science Department, said the Kenyan Government's primary concern should be the adoption of a new Constitution to show citizens it is taking their concerns seriously.

Promised

"Having ridden the wave of constitution-making to come to power and having promised to draw up a new constitution in 100 days, the Kibaki Government found itself squandering the goodwill that had brought it to power," the professor said during a conference on post-election violence and democracy in Nairobi on Monday.

The don said the new constitution should be clear in addressing long-standing grievances related to land and property, natural resources, legislative and judiciary powers, as well as the Bill of Rights.

Kenya, he said, was not the only East African country in need of constitutional changes. Places like Tanzania and Zanzibar, he said, should learn from Kenya's experience and also pursue new social contracts between the government and the people before dissatisfaction turns into civil unrest.

Prof Baregu also called for the Electoral Commission of Kenya (ECK) to be independent, autonomous and transparent.

"Electoral commissions must be appointed by Parliament through a system that includes important constituencies in the country, including civil society. It must also be answerable to Parliament," he said.

Speaking at the same conference, Mr Amason Jeffah Kingi, the minister for the East African Community, blamed the post-election violence on inequalities in wealth distribution and ethnic animosity.

He said the new Government represents a positive change.

"The formation of the Grand Coalition is the realisation that we need a united country in which all political parties have a say," said Mr Kingi.

Elsewhere, Prime Minister Raila Odinga yesterday said the creation of ethnic-free and gender-free politics in Kenya was his highest priority.

Mr Odinga said that last week's acceptance by US presidential candidate Barack Obama to vie for the top seat should give impetus to the fight for all-inclusive governments.

"The American achievement should inspire us to chart our own inclusive future."

Turning point

In a statement to the media, the Prime Minister said: "With the US providing such a model, the march towards the new kind of inclusive democratic governance that so many nations need for their survival and prosperity should become unstoppable."

The Lang'ata MP said that Mr Obama's nomination was a turning point in US history, and congratulated the Illinois senator for the achievement.

"His victory is an outstanding personal achievement, coming as it did in the face of tremendous odds," he said.

The nomination to vie for the most powerful public office in the world, he said, has natural resonance in Kenya because of Obama's Kenyan roots.

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