BY KAWIVE WAMBUA:This constitution review: How not to lose it

Thursday, October 29, 2009 The Constitution of Kenya Review Act 2008 created a Committee of Experts (CoE) as a key organ in the review process. The CoE, though not expressly mandated, was expected to exhaustively consult with all stakeholders and get views on the process and content of the constitution before the production of a draft. The spirit of the law also required them to conduct civic education every step of the way. So far, the CoE has abandoned civic education (and opts to stick to the 30 day expressly provided for in the law) and has made a joke of consultations. In so doing, the CoE has consolidated negativity against it from the political class, the civil society and the religious sector. BUT IT MUST BE SEEN THAT THE CoE CAN ARGUE, CORRECTLY, THAT IT ACTED WITHIN THE LAW! There is therefore a great possibility that when the bill is published, even as we wait for parliament to debate it, there will be alot of negative publicity about it and this may lead to the formenting of attitude against the bill. We ask that all campaign for a Yes-Yes referendum (even if this means changing the law) and this means as follows: We have two otherwise identical drafts; * One espousing the Presidential system of Government * The other the Parliamentary system of Government Voters then will vote YES for the one they want to have. If one voter choses one, (s)he votes YES. If another voter choses the other, (s)he votes YES - hence the YES-YES referendum! Of course there are arguments against this: who said this is the single most critical issue? Can we mix an issue referendum with the constitutional referendum? Where has this ever happened before? etc etc But let the truth be told... IF WE GO TO THE REFERENDUM WITH A YES/NO VOTE ON A SINGLE DRAFT, IT WILL MEAN THAT A NO! VOTE FOR THE PROPOSED DRAFT IS A YES! VOTE FOR THE PRESENT CONSTITUTION The least we can bargain for (God forbid!) is having the contentious issues removed from the draft to be taken for the referendum (and passed later after further consultations) Kenyans must have a new framework. Let not the rotten pieces be put in the same pot with the clean and healthy others. SO GOD HELP KENYA! Positions 1. A new constitution is overdue; we can not afford another failure 2. Politicians want a Yes/no referendum so as to shoot down the process ...actually politicians want a YES/NO referendum so that they can plan 2012 3. We have to safeguard the gains we have made so far in the 2 decades of advocacy 4. CoE has not consulted enough and has consolidated negativity against its action 5. We must get it right this time; we have been at it for 2 decades ................................................................... ........... ........... My ten cents worth Kawive, Executive Secretary Constitution & Reform Education Consortium - CRECO P.O Box 2231-00200 Nairobi Office Location: Matumbato Rd, Upperhill Tel +254 020 2714762/63; Fax +254 020 2714763 Wireless 020 3590735; Mobile 0722 209779 Email kawivew@crecokenya.org website www.crecokenya.org A JUST SOCIETY

NYC:Constitutionalism and Good Governance

Topic for Discussion: Constitutionalism and Good Governance Venue: ACK Diocese Hall - Nakuru Date: Tuesday, 3rd November 2009 Time: 2.00PM - 4.00PM The Government of Kenya has appointed a Committee of Experts to identify contentious issues in the Constitution review process, develop consensus and make proposals for a new draft Constitution for Kenya. Inevitably this is a political process due to the various interests that musts be considered for the draft Constitution to gain wide spread support. It is also a legal process that will either determine the new laws to be established in order to conform with the Constitution or “constitutionalize” existing laws. Youth organizations made submissions made to the Committee of Experts on contentious issues as seen by young people and suggestions on how to address them. In July 2009, several young people from around the country convened in Nairobi to discuss the various submission and made attempts to build consensus. At the end of the meeting it was clear that there remained several issues on which consensus needed to be developed. This remains the challenge for the Committee of Experts. As young people, some who have been part of the constitutional review processes through the years, and others for whom it seems “new there are questions we must ask as responsible citizens to ensure quality contribution towards building consensus in the constitutional reform process. · What are the key things we should ask ourselves as we prepare for a new constitutional dispensation? · What spirit do we wish for the Constitution to have? · What are our basic minimums as young people for a “suitable” constitution? · What basic principles we should consider as we undergo the constitutional reform process? · What is our contribution as young people to the reform process? On Tuesday 3rd November 2009, there will be a meeting at the ACK Diocese Hall in Nakuru to deliberate on these matters from 2 – 4 p.m. Please pass on this invitations to your networks and friends in Nakuru. All are welcome! Emmanuel Dennis -- .......... Emmanuel Dennis Ngongo National Youth Convention (NYC) P.O. Box 8799 - 00200 Nairobi Kenya Cell: +254 722619005 http://emmanuel- ed.blogspot. com/ Twitter: http://twitter. com/Emmanueldenn is www.nyckenya. org

We Are Ready To Lead: Partnership For Change Statement On The Liberation Of Kenya By The Citizens Of The Republic Of Kenya. Issued At Nairobi 29th Oct

Oct 29th, 2009 by Mars Group Kenya WE ARE READY TO LEAD: PARTNERSHIP FOR CHANGE STATEMENT ON THE LIBERATION OF KENYA BY THE CITIZENS OF THE REPUBLIC OF KENYA. Issued at Nairobi 29th October 2009 “ So as we approach our first anniversary on 5th November 2009, The Partnership for Change wants to declare to our leaders, that we are now ready to take you on. There are many of us who can lead, many who are not corrupt, many who have integrity and that you our leaders have nothing to offer Kenyans. Your time is up. You are finished! ” THE NATIONAL ACCORD REFORMS AND THE REAL DANGERS OF A NEGOTIATED SURRENDER Conciliation, Compromise, and Negotiations When faced with the shocking violence that Kenyans saw at the beginning of 2008 after the botched election of December 2007, some Kenyans lapsed into passive submission. Others, seeing no prospect of achieving democracy, concluded they must come to terms with the apparently permanent culture of impunity, hoping that through "conciliation," "compromise," and "negotiations" they might be able to salvage some positive elements and end the brutalities on Kenyans that were at the time happening on an hour to hour basis. On the surface, lacking realistic options, there was appeal in that line of thinking. Undemocratic option of a negotiated agreement And so, came the National Accord of February 28th 2008, a pact signed by Mwai Kibaki and Raila Odinga the two principals and witnessed by millions of Kenyans on national television. Kenyans accepted this undemocratic option of a negotiated agreement, temporarily waiving their Constitutional right to a democratically elected Government, reasoning that -Why is it necessary to go the violence route? Couldn’t everyone just be reasonable and find ways to talk, to negotiate the way to a gradual end of impunity? Couldn’t Kenyans appeal to Kibaki and Odinga’ sense of common humanity and convince them to reduce their domination bit by bit, and perhaps finally to give way completely to the establishment of a democracy? "win-win" solution It is now argued that the truth is not all on one side. Perhaps Kenyans misunderstood the two Principals, who said they acted from good motives in difficult circumstances? Or perhaps some may think, the principals would have gladly removed themselves from the difficult situation facing the country if only they were given some encouragement and enticements. But, the truth as may be argued is that the two Principals were offered a "win-win" solution, in which everyone gains something. The risks and pain of further struggle was unnecessary, it may be argued, if the Kenyan people were willing to settle the post election conflict peacefully by negotiations which were assisted by skilled panel of African Imminent personalities and the International Community. The negotiated Agreement is yet to be implemented Now, two years after the signing of the National Accord, The negotiated Agreement is yet to be implemented. The offer by the two Principals of "peace" through negotiations with the people of Kenya was, of course, rather disingenuous. The violence could have been ended immediately by the Mwai Kibaki and Raila Odinga themselves, if only they wanted to stop waging war on their own people. They could have at their own initiative with out any bargaining restored respect for human dignity and rights, allowed the population to protest, halted police brutality, stopped the rape of women, and apologize to the people. They would have most certainly ensured that all Kenyans were registered to vote. Kenyans should be wary of the traps that may be deliberately built into a negotiation process by politicians. The call for the National Accord, when basic issues of political liberties were involved may have been an effort by the politicians to induce Kenyans to surrender peacefully while the violence by the Grand Coalition Government continued. On some basic issues such as civil liberties, there should be no compromise When the issues at stake are fundamental, affecting democratic principles, issues of human freedom, or the whole future development of Kenya, negotiations do not provide a way of reaching a mutually satisfactory solution. On some basic issues such as civil liberties, there should be no compromise. Only a shift in power relations in favor of the Citizens of Kenya can adequately safeguard the basic issues at stake. Such a shift will occur through struggle, not negotiations such as the National Accord. Negotiations are not a realistic way to remove a strong culture of Impunity This is not to say that negotiations ought never to be used. The point here is that negotiations are not a realistic way to remove a strong culture of Impunity in the absence of a powerful democratic opposition by the Citizens of Kenya. The two Principals- Mwai Kibaki and Raila Odinga are operating in a culture of Impunity where they, feel secure in their position and may refuse to implement the negotiated National Accord Agreement. Indeed we argue that Kibaki and Odinga have failed to deliver on the National Accord reforms. Whatever promises offered by Mwai Kibaki and Raila Odinga in the National Accord Agreement, and however much time we give them, no one should ever forget that Mwai Kibaki and Raila Odinga may promise anything to secure submission from people of Kenya, and then brazenly violate that same agreement. "For the tyrant has the power to inflict only that which we lack the strength to resist," WE WANT NON VIOLENT DEMOCRATIC SOLUTIONS TO KENYA’S PROBLEMS. Kenya is a multi party Democracy! We elect our leaders through a democratic dispensation through the ballot. The people of Kenya give their government its right to govern. The way in which this right is obtained is important. If there is any doubt about the legitimacy of the process, then people can question this authority. Free and fair elections are of great importance wherever leaders seek to legitimise their power through the electoral process. An illegitimate electoral process can lead to a lack of accountability and therefore a climate of corruption, Impunity and lack of interest in governing justly. long-term historical and societal injustices Kenyans are vigorously debating age old questions related to justice and forgiveness, because Kenyans after the last General Election experienced the grossest violations of human rights and incidences of grand corruption since our Nation’s Independence on December 12th 1963. Since February 28th 2008 we have had a Grand Coalition Government whose sole mandate was to address long-term historical and societal injustices in Kenya and to enquire into these grievances to identify and punish the perpetrators so that never again can such violations or corruption occur with impunity. democratic and accountable state. Kenyans are weary those inquiries into real crimes have led nowhere and that the perpetrators enjoy freedom from justice because of their high political and social connections in Kenya. The Partnership for Change is completely opposed to impunity of any sort, and decided to mobilize Kenyans to insist on the Rule of Law by which criminal behaviour will be punished regardless of the social status of the criminal. The chosen method of struggle against impunity is non-violent resistance and actions to educate Kenyans of their constitutional and human rights, and ultimately to create a democratic and accountable state. Nonviolent resistance In recent years various dictatorships around the world have collapsed or stumbled when confronted by defiant, mobilized people. Often seen as firmly entrenched and impregnable, some of these dictatorships proved unable to withstand the concerted political, economic, and social defiance of the people. The Partnership for Change has been mobilizing Kenyans since 5th November 2008 and has grown into a large peoples non violent movement for Change. Nonviolent resistance will further the movement toward democratization. The Partnership for change deals with problems affecting Kenya including poverty, crime, bureaucratic inefficiency, environmental destruction and impunity which are the legacy of the brutal regimes we have had since Independence. The Partnership for Change intends to lift the suffering of the victims of oppression, and open the way for the rebuilding Kenya with greater political democracy, personal liberties, and social justice. Culture of impunity runs deep Unfortunately, for Kenya, though we have since 1992 chosen the path of plural democracy and constitutionalism, the past is still with us. The culture of impunity runs deep, and Kenyans having experienced decades of oppression have developed a culture of unquestioning submission to authority figures and politicians. The social, political, economic, and even religious institutions of the society - outside of state control - have been deliberately weakened, subordinated, or even replaced by new regimented institutions used by the state to control the society. The Kenyan population has over time been atomized (turned into a mass of isolated individuals) who are unable to work together to achieve freedom, to confide in each other, or even to do much of anything at their own initiative. The result of this process is predictable: the Kenyan population becomes weak, lacks self confidence, and is incapable of resistance. Kenyans are often too frightened to share their hatred of impunity and their hunger for freedom and accountability even with family and friends. Kenyans are often too terrified to think seriously of public resistance. In any case, what would be the use? Instead, Kenyans face suffering and poverty without purpose and a future without hope. In the past, some Kenyans have attempted resistance. Short lived protests and demonstrations by Civil Society have occurred and crushed by the Government. Perhaps spirits soared temporarily. At other times, individuals and small groups have conducted brave but impotent gestures, asserting some principle or simply their defiance. However noble the motives, such past acts of resistance have been insufficient to overcome the Kenyan Citizens’ fear and habit of obedience, a necessary prerequisite to destroy the culture of Impunity. Sadly, these acts have brought arrests and harassment of Partnership for change agents by the Kenya police, a multitude of unconstitutional cases with huge financial implications in bail funds, but not victories or even hope. Ending impunity and restoring democratic accountability. The culture of impunity thrives in Kenya because of the inequitable internal power distribution. The population is too weak to cause the Government and politicians any real problems. Wealth and power are concentrated in too few hands. The Partnership for Change wants to help Kenyans to change the situation for the better by teaching Kenyans non-violent methods to demand the end of impunity and restoration of democratic accountability. The Partnership for Change is * strengthening the oppressed Kenyan population themselves in their determination, self-confidence, and resistance skills; * strengthening the independent social groups and institutions of the oppressed Kenyan people; * creating a powerful internal resistance force; and * Skilfully implementing a wise grand strategic plan for the liberation of Kenya. Against a strong self-reliant force, given wise strategy, disciplined and courageous action, and genuine strength, the culture of impunity will eventually crumble. Liberation from greedy, selfish leaders ultimately depends on the people’s ability to liberate themselves. The cases of successful political defiance-or nonviolent struggle for political ends indicate that the means do exist for populations to free themselves. The liberation struggle for Kenyans is a time for self-reliance and internal strengthening of the population of Kenya to demand collectively - Democratic Accountability in our Country. It is in every Kenyans’ enlightened self interest to be actively involved in the Governance of our Country. The Partnership for Change believes that Change will come to Kenya when every Individual Kenyan understands and acts in their best interest. THE PARTNERSHIP FOR CHANGE AND THE POWER OF THE PEOPLE OF KENYA Achieving a Kenya with both freedom and peace is of course no simple task. It will require great strategic skill, organization, and planning. Above all, it will require power. The Partnership for Change cannot hope to bring down Impunity and establish political freedom without the ability to apply the power of the people of Kenya effectively. But how is this possible? What kind of power can the Partnership for Change mobilize that will be sufficient to destroy Impunity and restore democratic Accountability? The answers lie in an oft ignored understanding of political power. The principle is simple. The Culture of Impunity requires the assistance of the people of Kenya, without which Politicians cannot secure and maintain their sources of political power. These sources, however, depend on acceptance of the leadership, submission and obedience by the people of Kenya. These are not guaranteed. Without availability of those sources, the Politicians’ power weakens and finally dissolves. Naturally, our greedy leaders are sensitive to actions and ideas that threaten their capacity to do as they like. The Government is therefore likely to threaten and punish those who disobey, or fail to cooperate. However, that is not the end of the story. “Totalitarian power is strong only if it does not have to be used too often. If totalitarian power must be used at all times against the entire population, it is unlikely to remain powerful for long. Since totalitarian regimes require more power for dealing with their subjects than do other types of government, such regimes stand in greater need of widespread and dependable compliance habits among their people; more than that they have to be able to count on the active support of at least significant parts of the population in case of need.” Karl W. Deutsch 1953: We are fighting back The mission of the Partnership for Change is to advance the strategic use of non-violent action in calling upon the Kenyan Citizen to demand the End of Impunity, Restore Democratic accountability and to end Dictatorship in Kenya. It is time for Change. Real and meaningful Change.- We are determined to get that Change. Yes we can! The Partnership for Change membership is the individual Kenyan citizen. Man, woman and child. We are millions of Kenyans who want change. We have great political significance. We will exert influence over the direction of our Country and we will resist the government when it impinges unjustly on our interests, activities, or purposes. We will disintegrate and weaken impunity by courageous massapplication of political defiance by us, the population – the citizens of this Republic. We are ready to take you on So as we approach our first anniversary on 5th November 2009, The Partnership for Change wants to declare to our leaders, that we are now ready to take you on. There are many of us who can lead, many who are not corrupt, many who have integrity and that you our leaders have nothing to offer Kenyans. Your time is up. You are finished! Download PDF Here Mwalimu Mati Partnership for Change Nairobi 29th October 2009