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Should Kenyans Vote “Yes” for the Draft Constitution?
Should we vote “yes” for the draft constitution come the referendum in August 2010? My answer is still No. And the appearance of a Dictator’s Draft Constitution has made me much more convinced to vote against the draft constitution. I have said before that the best constitutions are written in the hearts of men and women. Traditional societies had effective constitutions – written in the hearts of men and women.
Akamba Constitution and the Draft Constitution of Kenya
The Akamba of had one – in fact, one of best in the world. It guaranteed freedom of expression, freedom of movement (you could put up your hut anywhere and you could travel even up to Congo and Uganda), security, and equality before the law.
And the Akamba constitution emphasized the society’s obligation to provide land and food, as far as possible. Even citizenship was tackled – and you were free to remain a Mukamba, become one or even join another community, if you liked!
It was all understood by everyone because the constitution was the basis of children education by their mothers, their fathers and by the older siblings. It was the basis of the greater part of art, fiction and songs. Everyone knew that constitution by heart.
And it was based on a simple principle: Do unto the others what you would like them to do unto you. Do you want them to kill? No. Then don’t kill others. Do you want them to steal from you? No. Then don’t still from others. And so on.
Akamba Constitution and Criminal Law
Not that there weren’t criminally minded deviants (pardon that loaded expression). But that too, the Akamba law, derived from the constitution, took care of. A kithitu – roughly translated as oath – was the clever invention that took care of that. The kithitu was an all seeing, all knowing, and all powerful objects that no Mukamba could hide away from, nor could dare challenge or test with his or her wits with. If you committed a crime under very secret circumstances, the Akamba could – and they still do – administer a kithitu. And if you didn’t – or do not – confess your “sins,” the kithitu will surely come for you. I have never heard of any case where a kithitu justice was disputed or miscarried. Never!
It is not that I am saying that we all, as Kenyans, return to kithitu (and come to think of it: Why not, if it is beneficial?). I am saying that:
1) the inventors were brilliant minds that understood how social systems function and the value of education in ensuring the system functions
2) We should , whenever possible, borrow a leaf from these great minds
3) We should wait until that can be done in order to make a good constitution for Kenya. It is not correct to say let’s pass a bad constitution and we will amend it latter. If it can kill, you don’t want to be dead before you amend it. You won’t even be there to amend it. And constitutions can kill! Witness the many people who died in Nyayo torture chambers because of a bad constitution.
Those who had any doubts that this is a bad constitution, made in bad faith, have seen for themselves. We already have two drafts – and one of them a terrible Dictator’s Constitution. Now, how will you know which one you will be voting for? And however careful you are to select, how will you be sure that they won’t replace it with the Dictator’s after the voting?
If we must vote, let’s vote “No”.
P/S: If you want to know more about the Akamba Constitution and its derivative legal system, please send me an email
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