BY:FWAMBA NC FWAMBA..THE CONSTITUTION UNDER ATTACK

MR PRESIDENT,THE NEW CONSTITUTION IS UNDER ATTACK. By Fwamba NC Fwamba.................................................................... When we campaigned, voted and promulgated the constitution on 27th August 2010, president Kibaki and other government officials took fresh oath of office. Unlike the rest of the leaders, protection of the constitution was part of the presidential oath and responsibility. That is why he holds an extra burden of ensuring that our constitution is adhered to at all times. The walk to attaining the constitution was rough in the history of this country and therefore it was a sigh of relief to majority of Kenyans especially those who suffered under Kanu’s monolithic dictatorship. Our constitution is not yet one year old and there appears to be serious confusion caused by various interpretations of the law by diverse individuals and non governmental organizations. The constitution Implementation Commission which is entrusted with overseeing the process of implementing the constitution appears not left behind in the creation of this confusion. Every time the chair of the commission speaks, it vividly comes out that he is trying to express his personal opinion as opposed to making utterances that are reflective of the constitution and the mandate of the CIC. In the recent past, there has been a spirited campaign through the media with people lobbying for their preferred candidates to take up the position of the Attorney General. Most notable is Professor Makau Mutua’s article in the Sunday nation 24th July 2011.Professor Mutua, a man with enviable academic credentials in law decided to give his opinion on the basis of his preferences at the expense of making true references to the constitution. Professor Mutua presented the cv of his preferred candidate to the wrong audience. Article 33 of the constitution provides for freedom of expression. Section 2 of the article 33 of the constitution also states that freedom of expression does not extend to propaganda. The article reminds me of a phrase that the ‘right to be heard does not necessarily include the right to be taken serious’. In his piece, Prof Mutua wants the current Attorney General to be out of office with Godspeed which I consider a good idea but unnecessary. Unnecessary because the constitution already provides for the same; that Wako’s tenure officially expires on 27th of August and thus its expected that by the deadline, we will be having a new Attorney General to help speed up the reform process as provided for in the constitution. Prof Mutua with disregard to the constitution has abrogated himself the role of determining the procedure, short listing and finally selecting the person he thinks is best suited to be that Attorney General. He has gone ahead and even suggested that president Kibaki and Prime Minister Raila Odinga follow his procedure and eventually appoint Prof Mutua’s choice. That is ridiculous. It’s ridiculous in the sense that the constitution is already very clear on the requirements and procedure of appointing the Attorney General. What Prof Mutua should do is to advise his preferred candidate to present her CV to the appointing authority. The leadership of this country was elected based on people’s judgment and the powers given to any leader by the constitution cannot be usurped by mobs or people with vested interests. Article 156 section 2 of the constitution clearly states the process of appointing the Attorney General. The article states ‘the Attorney General shall be nominated by the president and with the approval of the national assembly, appointed by the president’. It’s our constitution that gives the president and the national assembly the role of appointing the Attorney General and that must be respected unless if we are advocates of anarchy. I am surprised that well trained lawyers want to push us into violating the constitution instead of playing a cardinal role in providing accurate constitutional civic education to correctly help ordinary Kenyans in interpretation and understanding of the same. The opinion leaders might be having diverse interests and wishes. It must be recognized that the national assembly was given a role in the appointing process because the members of parliament represent the electorate and the general Kenyan population. No one else can purport to be a more legitimate people’s representative than the parliamentarians who have direct mandate from the masses. Recently another debate came up from the same clique that the Attorney General should be a woman. I have gone through the constitution many times and I have not come across such a provision. They appear to be relying on the principle of having at least one third of every institution represented by women. This notion appears to be totally misguided because the Attorney General’s office only has one person and therefore the issue of gender doesn’t arise. Gender activists and other foreign interests have been in arms in advocating for this kind of arrangement. The person to be appointed the AG should be either gender as long as the person has integrity and with the best qualifications in respect to the constitutional requirements. The Commission on the Implementation of the Constitution, the Civil Society, legal scholars and all other stake holders should try as much as they can to help Kenyans in understanding the law instead of taking advantage of their credentials to mislead Kenyans. We also need to delink the process from the interests of international non governmental organisations whose interests are not necessarily in tandem with the ordinary Kenyan citizenry. The appointment of the Attorney General should be done according to the constitution because the constitution serves all of us as opposed to the NGOs that serve sectarian interests. It’s important that we uphold the rule of law under which sometimes we gain and sometimes loose so that others gain. That is what happens in a democracy. If we don’t adopt this principle, the country might start falling victim to a new dictatorship; a dictatorship of some egocentric civil society functionaries. Fwamba NC Fwamba Box 41046-00100 Nairobi +254721779445

By Fwamba NC Fwamba:WHY WAMALWA IS THE NATION’S GREATEST HOPE.

In Kenya’s political history, Saboti Member of Parliament, Eugene Wamalwa appears to occupy a unique space never occupied by anybody else before. Eugene Wamalwa has risen to national prominence at an early age unlike other great political icons from the Luhya nation. His current political status is akin to that which was enjoyed by Masinde Muliro shortly before the latter’s death in 1991 .At the time the latter who served as the interim Vice Chairman of FORD, was the key pillar that was to determine the reconciliation between the FORD factions; one that was led by Jaramogi Oginga Odinga and the other that was led by Kenneth Matiba. The Luhya nation had hope in Muliro whom they totally identified with despite the fact that Muliro was not even a member of parliament. The Luhya nation believed that Muliro represented their aspirations in a process of determining and bringing political reforms in Kenya. Eugene’s rapid political rise can be compared to Masinde Muliro’s inspirational leadership which overshadowed the influence of people like Elijah Mwangale; the then powerful cabinet minister in Moi’s government. The overwhelming support Eugene enjoys is also similar in mannerism to the one that his elder brother and former Vice president Michael Kijana Wamalwa had shortly before the latter’s demise. By the time the former Vice President passed on, he had built a rich political career over a long period of time that could be traced back from the 1970s.Kijana Wamalwa had had a lot of ups and downs in his political life including frustrations that were deliberately brought against him by the Moi government. Kijana Wamalwa would have been the default successor to the Kibaki’s presidency had he been alive today. The late Vice President was a charismatic leader at the national level. He had also reached a level of full acceptance by the Luhya nation as their democratically endorsed de facto leader. The Luhya nation is currently the second biggest political block in the country after the Kikuyu ethnic block. For that reason, it’s easy to present a presidential candidate and with the support of other like minded political blocks can win the presidency so easily if the elections were held in accordance with the new constitution. The presidential candidate can only manage to get this support if the people at the grassroots understand this mathematics and potential. Going by the recently concluded By elections in Ikolomani constituency and Kimilili north ward, the people of western province appear to have finally decided to have their hope and political future espoused in a Eugene Wamalwa Presidency. In the two By-elections, people overwhelmingly voted for the New Ford Kenya candidates; the party identified with Eugene Wamalwa. Indeed, during the campaigns, the leadership of the Orange Democratic Party (ODM) vividly pointed out that the by elections were a rehearsal for the 2012 general elections.Dr.Boni Khalwale of New Ford Kenya won with over 54 percent of the vote in an election ODM had strongly and openly believed in own victory during the campaigns. The 23rd May By election results; as a rehearsal to the 2012 elections showed that the western province voters now identify themselves with Eugene as the symbol of Luhya unity and as a person the people need to coalesce around for future national political endeavours. Eugene, unlike the previous icons Masinde Muliro and Wamalwa Kijana, has managed to get this recognition at a much younger age. The recognition is timely because it has come at the moment when the whole world is advocating for young leadership. The Barrack Obama victory in the US’s 2008 presidential race changed the world. It’s Euphoric all over the world that the leaders whose age is below fifty are much more preferred in democratic elections than their older competitors. The situation and the age rhetoric has become so pronounced everywhere in the country. Kenyans are very keen on electing a young president. It’s a good coincidence for the younger Wamalwa that he is within this age bracket. Majority of Kenyan voters with time have started to notice what Jimmy Kibaki saw earlier than anybody else. The president’s son was the first prominent figure to publicly declare support for Eugene’s bid for the top seat. It was something that was with time adopted by many people. As time goes by, Eugene has continued to receive endorsements from different prominent people. Former Ford Kenya leader Musikari Kombo realised that Eugene was the people’s preference and decided to officially endorse the latter.Kombo’s selfless move was unexpected since many people tend to cling on opportunities even when the utility of the same belong somewhere else. The Tononoka rally and others that Eugene Wamalwa has addressed have demonstrated beyond doubt that his growing popularity is evident in all parts of Kenya. 19th of March 2011, was very significant in Eugene’s bid for the presidency when he officially received the endorsement of New Ford Kenya Party Leader and Minister for Housing Soita Shitanda. It is worthy noting that Shitanda is the only non-ODM minister from western province. Apart from that, Soita Shitanda hails from Kakamega; the second most populated county in Kenya after Nairobi and the most populated county in western province .Ikolomani too where New Ford Kenya triumphed against ODM in the by election is also in the populous Kakamega county. The indications are already rife that Shitanda intends to run for the County’s Governor Position while Khalwale is going for the senate of the same county. In Luhya land, Eugene and New Ford Kenya following is solidly in Kakamega, TransNzoia, Bungoma and Busia Counties. The same influence is rearing its head in Vihiga County. Even though the New Ford Kenya presidential candidate enjoys fanatical following in other parts of the country, this support cannot be taken for granted for without which his candidature will be like a house built on quicksand. This support is a case of ‘charity begins at home’ G7 is an opportunity and a dream for the future of Kenya. Its conglomeration of youthful leadership presents a prospect for real change in Kenya that will usher in a new era of leadership. It is a leadership that is privy to the current world developmental trends in information technology and modernity. It’s a leadership that represents the future aspirations of this country. The progressive young people of Kenya have a future and space in this political outfit. It’s under the coalition of this group that majority of the Kenyan youth will find space to grow politically. It’s under this coalition that the young leadership at different levels will seek elective positions in different parts of the country. In such a team, Eugene Wamalwa is in the right political direction and 2012 will be evidence enough to this effect. FWAMBA NC FWAMBA is a NEC Member of New Ford Kenya The views expressed herein are personal and do not necessarily represent the party’s position