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Give Kenyans Chance in Law Review

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The Nation (Nairobi)

September 4, 2008

Opinion Article By Achoka Awori

Kenyan political leaders are at it again. Promising the nation a new constitution within a year.

Going by past experience, each one of them, I believe, has his/her own version of the constitution in mind - one which will serve his/her interests; NOT the interests of Kenyans.

A nation's constitution is not just another piece of written manuscript. It is, the cardinal law of the land.

The constitution Kenyans have been yearning for, is an hallowed document that will symbolise the people's struggle for freedom from the shackles of colonial domination and despotic rule.

It is the written expression of the sovereign will of the people of Kenya. It is through, the covenant of the constitution that the people of this nation state how they would like to be governed.

Given the gravity of this matter, the making of a constitution becomes an undeniable sovereign right and obligation of the people.

It hence amounts to abuse of the people's will, for anyone to suggest that the making of our constitution be surrendered to a bunch of "experts".

Yes, we know that a lot was done and achieved through Bomas Constitutional Conference and the national referendum (in 2005). However, the fact remains that neither of the two processes delivered a new constitution.

No one can hence deny Kenyans their sovereign will, to make and bestow unto themselves a new constitutional order.

Kibaki, Karua, Raila and their like, are the very reason why Kenya does not have a new constitution.

Indeed, these characters and their bloated egos have been behind literally every failed effort at constitution making since the collapse of the Bomas Conference.

President Kibaki, like his predecessor, Daniel arap Moi, has never had time for a new constitutional order. The memory of the mass walkout and abandonment of the Bomas constitutional by his cohorts are still fresh in the minds of most Kenyans.

Mr Raila Odinga and his kind in ODM, rather than insist on comprehensive reforms in 2006, chose to champion the so-called minimum reforms.

This poorly contrived political tact fell gleefully into the hands of the Kibaki camp, which it exploited fully, to deny Kenyans a new constitution.

As Justice and Constitutional Affairs minister, Ms Martha Karua has used the constitutional reform agenda to portray the Kibaki regime appear pro-reform in the public eye.

Now that she is angling for the presidency in 2012, one doubts her commitment to constitutional reforms. Kenyans should be prepared for clever games -- like the production of obviously faulty review Bills and endless workshops and conferences.

Unfortunately for all of them, Kenyans over the years have seen through their games and lies --- and will not allow themselves to be fooled again.

Under the auspices of the National Dialogue Conference (NDC) initiative in 2006, we met and held lengthy deliberations with ODM and Narc Kenya, in a futile attempt to convince them to put the interest of the nation first.

When all seemed lost, we (NDC) sought the intervention of the AU through letter duly copied to President Kibaki in March 2007.

The letter prophetically warned of the dire consequences facing Kenya if the nation were to hold elections under the current Constitution.

Our warning was ignored. The rest, as all Kenyans have come to painfully learn, is now part of the unfortunate history of political opportunism.

Yes, a lot has been said and done on the constitution issue, but let us allow Kenyans room to breathe life into a new constitution.

Mr Awori is coordinator, Sayari Think Tank.

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