Opportunity for reform has come

Published on March 15, 2008, 12:00 am
By Otieno Mak’onyango

Finally, Kenyans will get the constitutional reforms they have fought for over 20 years. The issue has been costly and sticky. The circumstances that have forced these reforms are not inspiring.

The road to the anticipated reforms has been full of sideshows like was the case in the 2005 referendum.

Last year, some Kenyans went to the polls anticipating change. But that was not to be. Instead came a political crisis that cost more than 1,000 lives, property worth billions of shillings, and displaced more than 500,000 people.

For the last two months, a catastrophe hung over the nation.

After the many misses, the country now stands at the threshold of a new constitutional dispensation. Knocking at the door is an opportunity for a new constitution, courtesy of the National Peace Accord signed on February 28 between President Kibaki and Prime Minister-designate, Mr Raila Odinga.

What many will want to forget fast are the events of the last two months.

While the accord is an opportunity and a challenge, it is a monumental revolution.

The current developments have winners and losers. People, who, until the developments, considered themselves politically correct, will count themselves lucky if they do not become victims of the revolution.

Different people will invariably read different things into the accord. However, the country cannot afford to fail to fully embrace this once-in-a-lifetime opportunity.

The mood and spirit is that of a complete overhaul of the constitution. And when it comes, it will be a Constitution written and signed in the blood of Kenyans, considering the many that have over the years sacrificedtheir lives for a people-driven Constitution.

The accord is a loud call for a new philosophy on governance, land, parliamentary system, economic governance, electoral management, human rights and poverty that have ravaged Kenyans for the last 45 years.

The opportunity is there; the will is there. The people have, individually and collectively, learnt their lesson. And after years of indifference, the leadership is for the first time showing commitment to what people have long striven for and many lost their lives for.

President Kibaki’s words during the joint parliamentary session before the State opening of the Tenth Parliament were instructive: "The agreement is not only intended to restore normalcy in the short term, but also pave the way for a broad reform agenda that will address the underlying causes of these challenges."

He added: "These will involve comprehensive constitutional, electoral and economic reforms." For the first time, Kenyans and their leaders seem to be reading from the same script on reforms. It is an indication that the so-called vested interests that have hitherto characterised attempts to make constitutional reforms may be history. This had better come to pass. Anything to the contrary would take the clock too far back for anybody’s comfort.

The leadership is expected to correctly interpret the mood of the people and ensure they manifest their needs and aspirations.

There are, of course, those likely to ask, what is wrong with the land, Parliament and a host of other institutions that have, in their view, served the nation well?

If truth be told, the Constitution and most institutions were tailored for another day and population size. Considering that the Constitution has been amended more than 40 times to accommodate changes, then reforms are necessary. Kenyans have been held hostage for too long by a bad Constitution. Land, the priceless and supreme commodity, remains entrapped in countless problems. Ownership of what is regarded as man’s premium property is held hostage by suspect arrangements and inequity, and is more the right of the politically correct.

On its part, Parliament has been the perpetrator of executive dictatorship instead of being the source of relief. The list of misgivings Kenyans have is long. The country has an opportunity to fundamentally reform its Constitution and, in the process, the way of life. The time is now or never.

The writer is former MP for Alego

otiemak@yahoo.com

http://www.eastandard.net/news/?id=1143983287

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