SPECIAL REPORT PROPOSED — Pages CONSTITUTION 14 & 19 SUPPLEMENT EU PEACE PROJECT MAY 2010 Issue No. 067 Kshs 40/= — Pages 15-18 Let the people decide By DANIEL OTUNGE 20 long years of struggle for a new he search for a new constitution in Kenya is a process that has been as lengthy as it has been acrimonious. Constitution and we are still bickering THowever, it would be the height of po- litical naivety for anyone to expect that constitutional making process would be a garden party affair. The stakes are just too high and the vested interests are just too many. The lords of impunity and those who Inside have been enjoying the numerous loop- holes and flaws in the current Kenyan constitution to lord it over Kenyans would not give in easily. As someone said, power corrupts and absolute power corrupts abso- lutely. Open letter to Hence, the countdown to the plebiscite or the referendum over the newest draft Catholic Bishops constitution, Kenyans must be prepared to leave with the fact that there will be pro- — Pg 8 tagonists and antagonists. This will happen irrespective of whether the draft is opened for further negotiation or not. In fact, there will be more acrimony if Kenyan the draft is reopened for political, ethnic President Kibaki PM Raila and religious contests disguised as consen- philanthropist sus building. This is why the public was put as the final arbiter. The honest church feted leader, politician and all other powers that be should therefore just do the right thing — Pg 13 and let Kenyans of voting age decide the fate of the constitution through a referen- dum. But what is a referendum or plebiscite? This is a direct vote in which an entire elec- torate is asked to either accept or reject a ACK wants 74 particular proposal. For our case, the pro- counties posal is the new constitution set to roll out of the government press on May 6, 2010. A referendum is a very expensive affair. It — Pg 21 Turn to Page 2, Col. 2 Ms Karua Mr. Kitonga Fraudsters invade New law protects right to life Murang’a land By TOM KAGWE lation ‘kill’ (less specific and more inclu- a universal injunction against all killing, office sive) instead of ‘murder’, as seen in the as retzach is never used in reference to In the last few weeks, a lot of time has been Torah or the initial Ten Commandments. the slaughtering of animals, nor the taking — Pg 30 taken debating on the right to life. Many There is controversy as to which translation away life in a war situation. With regard have stated that termination of pregnancy is more faithful (‘killing’ or ‘murder’), and to war, according to the Catechism of the (read abortion) must not be allowed. And if both forms are quoted in support of many Catholic Church, if rigorous conditions of allowed, the Catholics and other Christian opposing ethical standpoints. moral legitimacy are met, the use of arms faithful will organize to vote NO at the up- Further, while killing a human being is a must not produce evils and disorders graver Massive looting coming referendum. No doubt, it is errone- capital sin, the same does not apply during than the evil to be eliminated, and hence is ous to terminate life. And the Word of God war. Indeed, the Hebrew word for murder not a violation because governments can- of devolved fund is clear in the Sixth of the Ten Command- is retzach which is found in the Ten Com- not be denied the right of lawful self-de- ments that reads: thou shall not kill. Indeed, mandments. The Old Testament (in Exodus — Back Page the Roman Catholic Church uses the trans- 20:13) prohibits unjust killing, rather than Turn to Page 2, Col. 1 The Link, May 2010 2 GOVERNANCE From page 1 have developed a well balanced and thought out curriculum for is only called to allow the citizen- that purpose. At the same time the Let the peole decide ‘Yes’ team, led by PM Raila Od- ry to make a decision on a very weighty matter, such as adop- inga and President Mwai Kibaki, tion of a new constitution. It is a ‘No’ team are fuming and croak- must not use their power to force democratic process that allows ing. But from the look of things, their way. the majority to have their way and Kenyans are so determined to pass Even so, it is imperative that the minority to have their say so the new constitution nothing will members of the executive should to speak. stop them. speak with one voice. If the gov- However, given the central- It is quickly emerging that the ernment has decided to support ity of the constitution in people’s ‘No’ team are very economical the draft as it has, then all min- lives, especially in a democracy with the truth about the actual pro- isters should do the same. This like Kenya, the people ought to visions of the draft. For instance, is the practice everywhere else in know contents of the proposed CoE and many experts who have the world. If a minister disagrees new law. This will enable them to read and reread the draft, are cat- with government position then he make informed decisions on the egorical that it does not support or she should resign or be fired so draft instead of relying on propa- abortion, yet the church insists it that he/she can be free to oppose ganda peddled by some leaders. does. As for Kadhis Courts, they the government vehemently. The Constitution is important be- were even before Kenya was born. What we do not want to see cause it is a source of a people’s And they have always existed even are hate speeches, violence, eth- identity. It acknowledges the in the current constitution. They nic tensions and religious schisms diversity of the people and sets do not interfere with, among other witnessed in 2005 referendum. reasons as to why they found it faiths found in Kenya, Christians, The voters, it is your turn to shut necessary to live together. It set Mrs Karua Mr Shikuku Hindus, Buddhists and Judaists in up the protagonists by registering out governance structures, bill of any way. as voters in large numbers and vot- rights and responsibilities of the For instance, whereas the Lan- Powers of the three arms of gov- Many observers wonder why ing according to your conscience people and those of the govern- caster constitution created de- ernment, namely the legislature, the ‘No’ team are calling for reo- and convictions for the draft. ment. volved government, the mongrel judiciary and the executive have pening of the draft for negotiation This is a golden opportunity So when the people feel, like we have today created a unitary been clearly separated. The presi- when they know very well that it since Kibaki and Raila have this we do in Kenya, that the current government with an executive dent will no longer be the Alfa and will be an exercise in futility. After time round joined hands to sup- law is flawed and therefore the president who is like an earthly Omega of Kenyan political, social all it is the same parliament that port the constitution. The draft root cause of all our afflictions, god, a true Leviathan who is above and economic life. The ministers failed to make any amendments has overwhelming support. From then they reserve the right to the law. The president owns every- will come from outside parliament when it had the chances both on trade unions, professional organi- change it. thing and everyone in the country but will have to be approved by the floor of parliament and at the zations, women leagues, youth For instance, the current Ken- and can do anything to you with the legislators. Kenya Institute of Administration. groups, civil society organiza- yan constitution was negotiated absolute impunity. And above all the new draft The responsible and right thing tions, imams, students, media fra- by a few Kenyan politicians and Even so, the window of oppor- recognizes Kenyans and their uni- to do now is to let the people be ternity to the general public have the British colonial masters in tunity has opened, albeit slowly, ty in diversity. In short, in many free to decide the fate of the con- said time is up for more talk about London in a house called Lan- for Kenyans to enact a new law. ways, the CoE document has cap- stitution. This is the only chance the constitution. caster. It came into force in 1963 The new law has drastically weak- tured and reflected the mood, aspi- that Kenyans have of passing into As the Bible says, there is time without being subjected to a pleb- ened the presidency as they want- rations, fears and expectations of law the new constitution. In a de- for everything. There was time to iscite. ed. It has devolved the govern- majority of Kenyans. mocracy, the minority must have talk and now there is time for the But since then, it has been uni- ment to 47 regions as they wished. Nevertheless, there are those their say and the majority, their public to read the draft between laterally mutilated by parliamen- The proposed law, developed by who still carp about some minor way. Let the majority win. the lines and decide whether to tarians without reference to the the Committee of Experts (CoE), issues like land, abortion, Kadhis Both sides must engage in civi- throw it away and live with the people.