In Summary

• Kenya is not facing a constitutional moment that warrants sweeping changes to the constitution.

• The BBI is an outright attempt to perpetuate your grip of political power either directly or through a proxy.

The Constitution for Kenya 2010 is people-oriented.

Its objectives are set out clearly in the preamble and Chapter One.

It reminds state institutions and politicians always that their power comes from people. 

Politicians don't have a very clear sense of how Constitution systems work was political settlement compromise between those who wanted Presidential and Parliamentary systems proponents respectively after more than 25 years of protracted struggle.

Devolution of power and resources and stronger and expanded Bill of Rights became the vanguard of this political compromise with separation of powers and dispersal of powers between and among institutions of governance.

The Constitution has detailed provisions, combined, address the root causes of violence and the perennial tensions that the country.

It provides opportunities for better development and realisation of aspirations of the people- a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law. 

Further, it provides an opportunity to address the challenge of inequities in development, poor governance, and service delivery.

It is unequivocally clear and meticulously articulates the principles of inclusion, equality, diversity, non-discrimination and participation.

However, there is no solid law both at national and county levels to enforce these principles in practice.

The Executive, Parliament and Judiciary have flatly refused to implement the latter and spirit of the Constitution.

Corruption and theft of public resources at national and county levels have become rampant, taxes have increased, elected officials are constantly increasing their salaries and benefits, and public debt is unmanageable.

Kenyans are reeling from a shrinking economy. They have diminished disposable income while the government spends billions of dollars on recurrent costs annually and access to essential services is out of the reach of many.

Some Kenyans believe that part of the solution lies with amending the Constitution. However, the economic woes cited are due to poor leadership, weakened governance structures and emasculated helpless constitutional bodies.

In fact, the Constitution is yet to be fully implemented. How do we go to referendum yet we have failed to implement the Constitution? Politicians want to destroy it like how Jomo Kenyatta did to the 1963 Constitution.

Kenya is not facing a constitutional moment that warrants sweeping changes to the constitution.

It is fickle leadership and weakening governance crisis has occasioned economic mess on Kenyans. In such an economic climate, the prioritization and affordability of a referendum is political insensitivity and reckless.

In the ongoing United States of America president impeachment inquiry one Professor of constitutional theory and witness before the Judiciary Committee of Congress, Prof. Noah Feldman said: "The abuse of office occurs when the President uses a feature of his power, the awesome power of his office, not to serve the interests of the American public but to serve his personal individual partisan electoral interests." 

No, Uhuru Muigai Kenyatta, You cannot change the Constitution while still in office in the pretext of implementing BBI Report.

We know BBI is a ploy. It is a decoy to camouflage the final intent and outcome.

This is an outright attempt to perpetuate your grip of political power either directly or through a proxy.

This is tantamount to abuse of office and state power, undermining rules of democracy and subverting the constitution.

You are angry because Kenyans have seen and exposed your intent.

You represent DNA and face of everything that has gone wrong in Kenya.

You have been part and parcel of a corrupt political establishment system responsible for things you purport to want to change.

Is it when all over a sudden he has been part of a system that is full of impunity, corruption and exclusion?

He was part of Moi, Kibaki and now himself in office. Why didn’t you talk about inclusion in the first term in office?

How come you government and appointments to public service do not reflect the inclusion and diversity of Kenya though Constitution demands this be the case?

Every Kenyan knows that Uhuru Muigai Kenyatta is so used to issuing dictatorial edicts and threats.

He must understand that freedom of expression is the mother of democracy. Constitution protects the right to hold own opinions and to express them freely without government interference.

Raila Odinga must cease to be the one aiding, enabling and facilitating this nefarious Uhuru Kenyatta political plot against people of Kenya and their Constitution.

There is no guarantee of the end of the culture of impunity, theft of public resources, senseless public borrowing and disregard of the rule of law and constitutionalism even with a million amendments to the Constitution.

Any debate on Constitution amendment must be divorced of the 2022 political succession and be based on a well informed comprehensive audit of the Constitution of Kenya 2010 on what has and has not been implemented.

The Constitution audit process must be inclusive, participatory and people-driven.

The Country cannot afford a costly political project that is not informed by coherent reasons and justification rather than a desire by few individual political leaders to have public office offices created for themselves without considering on the serious economic consequences of their actions to the wider good of the country.

The writer is Executive Director, Africa Council on Human Security, @NdunguWainaina