LANCASTER Constitution is the only set of laws Kenya has known from 1963 when independence was attained. It offers the good, the bad and of course the ugly. One of its most cellebrated provisions is rather its take on nationhood which clearly states that Kenya is a unitary sovereign republic. The firm conclusion has made sure that all citizens develop and uphold an idea of 'One Kenya, One People' against all odds. And indeed through out post-independence history – as the rest of Africa witnessed secessionistic politics whereby various regions engaged in warfares against their central governments in order to form splinter independent or autonomous states – such a thing could not be witnessed here in Kenya. As a people there is no doubt that we have always shown greater love and respect to our national name and flag. And that is majorly because of what Lancaster law constantly reminded us about who we are. Nonetheless there is a not so good side to this famous constitution that has time and again made our progress utterly impossible. Centralization of nearly all powers in the office of the president with no clear checks and balances in place has been the main cause of our political and socio-economic dwarfism all these years. Under the constitution the president is elevated to the rank of God. And through his enernomous powers, he decides which regions to develop and which ones not to. He can hire anybody – learned or not – to run any department within the land without any worry of being questioned. He can also unlawfully detain and torture anybody accused of dissidence. And that's not all – he can also shut down any media house that often critisizes his style of leadership. There is no doubt that our first constitution has brought us more harm than good. And for over twenty years now we have dedicated our lives and resources on drafting a totally different set of laws that can effectively address most of our current tribulations. In 2005 we missed the opportunity by a whisker when the most anticipated child known as Bomas Draft was marcillessly sabotaged in the womb and later on born without life needed to save this country.
Thankfully, we are a people that never give up. And on 4th August 2010, the referendum day, we will know for sure whether or not a brand new constitution will come our way. Like most of us, I do also believe the proposed new law is much better than what we have currently – and if adopted, it stand a high chance of addressing most of our national ills. For the first time ever we are going to live under a system whereby power is well split between the executive, parliament and judiciary. The arrangement is done in such a way that each entity has a certain authority over the others (a system of checks and balances). For instance, the president shall only nominate and with the approval of the national assembly appoint and may dismiss cabinet secretaries, the attoney general, ambassadors amongst other senior state officials. Our new judiciary shall never again be subject to the control of anybody or authority. And perhaps the biggest of all good news is the fact that our national revenue will be shared equally amongst all 47 proposed new counties. The people of Kenya will also be able to recall all their non-performing members of parliament – a provision I do believe is long over due. The culture of hiding in the capital city the whole term as soon as our MPs get elected will from 4th August 2010 be a thing of the past. Failure to pass this new law will no doubt slow down our quest to become a middle income country by 2030. And that's not all, it will mean we carry on under the same old system responsible for most of our problems. Vote wisely, Kenya!
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