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Kenya Constitution: Respect the “Otherness” Should still be the Basis
With the passing of the constitution draft by the Kenya parliament, there was a sigh of relief that Kenyans are now about to get a new constitution. Even the American President Barack Obama has expressed his support for the new developments in Kenya.
But the truth is that Kenyans are acting out of coercion, fear and helplessness. For 20 years, they have wanted a constitution. And for 20 years, they have failed to get it. The frustration has made them adopt the attitude: Anything is better than nothing.
Neither is the Parliament in any better situation. Similar feelings drove the parliamentarians pass a constitution review of the Act which has made it impossible for them to amend the draft of the Committee of Experts on Constitution Review. Hundreds of amends were lined up before the MPs before they realized they had tied their hands.
But it was clear from the debates that the large majority of MPs do not support the draft. The MP for Kuria Dr. Wilfred Machage was passionate about the exclusion of his people from having a county of their own. That view – the view that it is time for communities in Kenya to stand and negotiate a sensible constitution isn’t openly supported by many, but it is the view of every Kenyan.
Fears are unfounded
Large communities like the Kikuyu have been misled to assume that such a constitution would lead to their being removed from areas they have migrated to. The contrary is actually the case. Communities that will take part in constitutional negotiations will be committed to living in peace with all without coercion. No one says we are not all Kenyans with a right to live wherever we please. That is not a new concept either. In traditional Kenya, people still migrated. Every Kikuyu knows of a Nyeri man named Wang’ombe who was actually a Kalenjin, but became a prominent Kikuyu.
Colonial government supported the traditional arrangement with local courts conducted in local languages enforcing local cultures and traditions. The controversial Kadhi Courts were similarly allowed to operate with Christian customs and culture being left to be administered as the main stream by the colonial government. Today Christians are up in arms and no one is reminding them that they don’t need courts because the government enforces their cultures and traditions. Even the Muslim “militants” don’t seem to know the origin of the Kadhi Courts. Native Court workers were like the Kadhi Court workers, paid by the colonial government.
But mistaken idea that this arrangement encouraged tribalism and also influenced by a hidden agenda, Jomo Kenyatta abolished the “native courts” and left the Kadhi Courts hanging in the air and exposed.
We have argued before, we need a constitution that takes care of the “otherness” of other people – their cultures, traditions and beliefs. Any other way is simply a recipe for crisis and chaos, a new constitution notwithstanding.
Let’s reject the draft constitution in the referendum and start all over again.
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