Good Constitutions Are Simple Statements Burnt into the Hearts of Men and Women

January 28, 2010
By muli wa kyendo

Kenyans are awaiting the new constitution with the anxiety of a desert camel expecting water. Their assumption, which, I fear is wrong, is that a constitution, a mere piece of paper, will change their circumstances for the better. Many of these circumstances are economic—ownership of land, increased incomes, increased employment opportunities and so on. The sad truth is, however, that a constitution is just as good as the hearts of men and women, especially those entrusted with implementing it – the politicians, the judges and magistrates, the civil servants and so on. And especially the President.

A Good Constitution

Where there is good will, a good constitution can be no more than the biblical “Do unto the others what you would like them to do unto you.” Now, how long do you need to write such a simple constitution?

In deed, in countries where the hearts of men and women are more evolved, are godlier than ours, there are no constitutions. Elaborate constitutions are to safeguard against evil hearts of men and women. And often these evil hearts will arise in countries with less evolved men and women such constitutions notwithstanding. Mwai Kibaki crowned himself president in violation of the constitution and in the broad glare of the entire nation and the world. It’s not long ago since the American Ambassador to Kenya, Michael E. Ranneberger, announced the suspension of US aid to Kenyan primary schools due to high-level corruption.

In deed, many would say, the constitution that Kenya was bequeathed by Britain was far more superior to what Mr. Nzamba Kitonga and his team of experts have produced and which is what the Parliamentary Select Committee on Constitutional Review have tried uselessly to improve upon at great expense in public money and time. The British-inspired constitution was destroyed by men and women bent on doing unto others, what they would not want done unto them.

Get Chitika eMiniMalls

We, as Kenyans know that if there wasn’t a Barack Obama as president of the powerful US watching over us, we wouldn’t even be this far on our make-believe journey of constitution making. Even a Standard One child knows Raila Odinga wants a constitution best suited to enable him retain power as president or as prime minister. Mwai Kibaki wants the same thing for his son and cronies and if possible, for himself once again. Otherwise, what are they haggling about at Naivasha?

The True Needs of Kenyans

The big question is: What are we going to do about the hearts of the men and women who want to do unto others what they don’t want to be done unto them?

The search for the answer to that question should be what pre-occupies Kenyans and Mr. Barack Obama, if he truly wants to help his fatherland. We should spend our efforts on finding ways and means of changing the hearts of our rulers, the hearts of our judiciary and civil service, the hearts of every one of us. We must redefine what achievement means to us as a nation and set up the means to reward those who achieve not those who steal.

The Chinese are publicly killing corrupt public officers. For a start, Kenyans may have to follow suit, a new constitution notwithstanding.

Enjoy your reading.

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