Kenya has been trying to writer a new constitution for two decades now. There is no such a time when Kenya has been so near to getting a new constitution than now. In fact president Kibaki told the MPs during then state opening of parliament that their greatest failure would be failure to give Kenya a new constitutional dispensation. However, so many factor have emerged to derail the process.
The rivalry between the ODM and it's coalition partner the PNU has threatened to scatter review talks. The two political parties are busy plotting the strategies to win the next general election. Issues of corruption has been has been levelled against each other thereby creating a stressed relationship for constructive talks to bring a new constitution to Kenyans. A planned consensus building retreat scheduled for Naivasha was shot down by ODM in parliament. The cabinet which should give the leading direction in the reform agenda has not met for weeks over the stalemate. This poor relationship was fanned up by the prime minister's suspension of the ministers William Ruto and Sam Ongeri a decision that was reversed by the president.
The church and supporters of abortion are locked in a dead end argument. The church feel abortion should not be legalised. It further believe that the constitution should clearly state that life start at birth and end through a natural death. The catholic and the protestants have joined hand and vowed that they would rally their members to vote against the draft if it is seen to legalize abortion.
The Christians and the Muslims are also locked up in an argument with the Christians advocating the removal of the kadhi court from the constitution. The proposed draft has strengthened kadhi court a move seen by the christian as trying to make a Muslim the religion of the state.
The units of devolution and powers of the senate are the two weighty issues that may make the MPs not to reach political consensus. The PNU favours two tier devolution and a weaker senate. The ODM want three tier devolution and a strong senate. With the PNU thinking that it can marshal the majority thanks to the fall out of Raila and Ruto and the ODM vowing to not to the bitter end, the consensus is not near yet.
With all these the new constitution seams too near yet too far. The only saviour of the constitution is the law which does not allow MPs to reject the constitution in total. If they fail to agree as they have already, the PSC will take it back to the Committee of Expert COE who will hand over the draft to the Attorney General for Publication. There being no chances of the MPs ending the constitution making process, worse thing await the Kenya ahead.
If there is no political consensus, the country will approach the referendum divided. In fact they could more divided than in 2005. They could be a prerequisite for war come 2012 general election. This general election will be a do or die for some politicians especially Raila Odinga. If he loose it, he may never again in Kenya. Whichever side wins the referendum, an automatic mileage will be bestowed to it come the general election.
Watch Kenyans. Poor majority should not be divided by the politicians for their own selfish gains. Remain united whether there is referendum or not. Even as the politician jostle in the constitution making process, were are the citizens' views? Are the views of Kenyans considered by the MPs or the COE? What says you?
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