ABOUT THE MEDIA DEVELOPMENT ASSOCIATION he Media Development issues and their link to journalists; Association (MDA) is journalism; a n a l u m n u s o f oReinforcing the values T o graduates of University of Carrying out research of peace, democracy Nairobi's School of Journalism. on issues relevant to and freedom in society It was formed in 1994 to journalism; through the press; provide journalists with a o o forum for exchanging ideas on Organizing tours and Upholding the ideals of how best to safeguard the excursions in and a free press. outside Kenya to widen integrity of their profession journalists' knowledge Activities of MDA include: and to facilitate the training of of their operating pAdvocacy and lobbying; media practitioners who play environment; an increasingly crucial role in pPromoting journalism shaping the destiny of the oPublishing magazines exchange programmes; country. for journalists, and any other publications that pHosting dinner talks; The MDA is dedicated to are relevant to the helping communicators come promotion of quality pLobbying for support of to terms with the issues that journalism; journalism training affect their profession and to institutions; respond to them as a group. oEncouraging and assist The members believe in their m e m b e r s t o j o i n pInitiating the setting up ability to positively influence journalists' associations of a Media Centre the conduct and thinking of l o c a l l y a n d w h i c h w i l l h o s t their colleagues. internationally; r e s e a r c h a n d recreation facilities; The MDA aims at: oCreating a forum oBringing together through which visiting pW o r k i n g f o r t h e journalists to entrench journalists from other development of a news friendship and increase countries can interact network; professional cohesion; with their Kenyan Providing a forum counterparts; pProviding incentives in t h r o u g h w h i c h terms of awards to journalists can discuss oHelping to promote outstanding journalists the problems they face journalism in rural areas a n d j o u r n a l i s m in their world and find particularly through the students; ways of solving them; training of rural-based correspondents; pInviting renowned oOrganising exhibitions journalists and other in journalism-related oAdvancing the training speakers to Kenya; a r e a s s u c h a s o f j o u r n a l i s t s i n photography; specialised areas of pNetworking and liking communication; u p w i t h o t h e r oOrganising seminars, j o u r n a l i s t s ' workshops, lectures oCreate a resource organisations locally and other activities to centre for use by and abroad. discuss development KatibaNews DEC 2009 This newsletter is meant to: DECEMBER 2009 1 Give critical analysis of democracy and governance issues in Kenya. 2 Inform and educate readers on the ongoing Constitution Review Process. KatibaNews is published by Media Development Association (MDA). This publication has been made possible with the kind support of the Konrad Adenauer Stiftung (KAS) in Kenya. MDA is not-for-profit organisation registered under the Societies Act. Managing Editor Stephen Ndegwa Associate Editors Susan Kasera Patrick Mwangi Contents Henry Owuor Office Assistant Monica Muthoni 2. It is now or never. Period! Photography World Wide Web Art Direction & Design Khafre Graphics 3. So near, yet so far [email protected] KatibaNews is published monthly and is distributed free to all media houses, civil 5. Losing the Presidency! society organisations, and the public. All are welcomed to send their observations on the constitutional review process to be the Editorial Board. Views expressed in this newsletter do not 10. The long road to harmony necessarily reflect those of MDA, KAS or partners. Reprinting of materials permitted provided the source is acknowledged. All Correspondence to: The Editor 13. What consensus! Katiba News P.O. Box 64254-00620 Tel. 2712309 Nairobi, Kenya Email: [email protected] 1 KatibaNews DEC 2009 Editorial It is now or never. Period! t is more than two decades now and the Constitution would be in place in 100 days after song called the Constitution review process taking over power. The new kids on the block did continues. Well, we all love music but too take over power alright, but what happened much of a good thing, as our radio stations thereafter is what shattered dreams are made of. can attest to the fact, can be outright As usual, the 'resilient' Kenyans we are just annoIying. Listeners will switch off to other complained until the cows came back home. Do stations when they hear the same song or songs not even mention what happened after the 2007 played day in, day out. general election. Kenyans are known for their resilience, but I But everything, yes everything, must come to an think it is a high time we all started cultivating a end. May be out of sheer exhaustion or out of the spirit of impatience; nay, effectiveness of the non-political righteous anger. It is our so Interim Independent……, we called resilience that has driven are now standing at the this country to the dogs threshold of a brave new world. economically, politically and Have we stopped to think about socially. It is our tolerance with the mental energies and mediocrity, outright abuse and manhours that have been impunity from our leaders that wasted fighting and haggling has seen us stagnate when over this all important countries that were hitherto a document? If we had got over laughing stock rise up from their with this business and continued ashes and have now become thinking about other important objects of envy to a people who issues, especially the economy, blew their trumpets as the we would now be talking about regional giants. Vision 2020, for once fast tracking a national goal rather So, what am I going on about? than postponing its realisation. While the cliché goes that Rome was not built in a day, Kenyans dithering with enacting a new This simply means that Kenyans must decide Constitution cannot be termed anything but what they want by taking over the destiny of the extreme sloppiness. We started by blaming nation in their hands, rather than waiting for former President Daniel arap Moi of being politicians to lead the way. We should have woken afflicted with the anti-change malaise. Come up to the fact that politicians are an extremely 2002 when this country should have changed selfish breed that is wont to hijack any and all forever but our leaders, even those who we agenda to suit their political designs. thought would be our saviours, turned their back on us and continued with usual business of If we allow ourselves to fall prey to the whims of misgovernance. politicians this time round, we should rest our case and let ourselves be driven to the doldrums. In their campaigns to ouster Moi and his crop, the If we let ourselves to be taken down the garden then mish mash opposition, the National path, we should simply keep our peace and Rainbow Coalition (Narc), could not have got a continue with our miserable lives. better hook. They promised that a new Editor 2 KatibaNews DEC 2009 The road So near, yet so far We have come this far in our quest for a new Constitution. For once, the Mr Nzamba Kitonga-led initiative looks like the one with the greatest chances of success. Were it not for the politicians, Kenyans would be sitting pretty knowing that one of the greatest national challenges is almost overcome. But, the road ahead is still fraught with hurdles that need exceptional genius to overcome. We revisit the current roadmap and analyse the dynamics that are informing the process going forward. By Maina Kimondo ccording to observers, the road travelled thus far by the Harmonised Draft Constitution Asince it was unveiled to the public on November 17, 2009 may have been the least challenging section of the multi-phased constitutional review process. Indeed, the main political players in the coalition Government, the Orange Democratic Movement (ODM) and the Party of National Unity (PNU) gave an indicator of the rough waters awaiting the harmonized draft in the remaining President Kibaki and Prime Minister Raila Odinga with phases as they took extreme the Committee of Experts on Constitution members. positions during the 30-day public debate period, nearly derailing the After this task, the CoE will hand the The PSC on the Constitution has 14 process. process to the Parliamentary Select members from PNU and its affiliates, Committee (PSC) on Constitutional while ODM and its affiliates has 13 Despite the political tug-of-war that Review. This phase involves members. But notably in PSC are also stretched the public debate to the deliberations and consensus building members of the Parliamentary edge of incompatible disagreements, on contentious issues. But it is also Caucus for reforms under the the phase was wrapped up, but not the phase that is expected to bring chairmanship of Garsen MP, Danson without indicators that political out competing political interests Mungatana, which prefers a hybrid interests will await the process carried over from public debate. The system with clear separation of further down the road. The process PSC is made up of members from powers. now moves into a phase of intense both PNU and ODM who have work by the Committee of Experts already played out their opposing Apart from Mungatana, the caucus (CoE).