Hon William Kipchirchir Samoei arap Ruto, WKR, has said it is STILL possible to negotiate amendments to the draft before the referendum. Well, that is what I would like to see happen. The reasons for our agreement with WKR might be different, however. And that is the end of our congruence of thought. Personally, I hate to see schisms in our society fed by fear and twisted logic. Facts are scary for agents of disinformation. And I guess that is why some people do not want to allow room for civic education. I have heard of tales of people who are scared with stuff like "The RV land is targeted in the constitution". Now the people being told that have no land in the first place! So what shall be taken away from them, if I may ask.
FACT: The current Draft is driven by an Act of parliament, the Constitution of Kenya Review Act (2008) published in the Kenya Gazzette of 22nd Dec 2008. A summary of the Act is given graphically at the CoE Wbsite.
FACT: There exists NO provision in the current driver, the Constitution of Kenya Review Act (2008) for negotiations outside the framework provided which means there is only one logical destination for the draft, safe for editorial corrections at the AG Chambers. That destination is a plebiscite with a clear and YES or NO.
MYTH: That the Principals can still mobilise popular support from the SAME divided parliament that voted to pass the draft with kura ya makelele is being insincere on the part of WKR and his entourage. IF we are a country that believes in the Rule of Law rather than the Rule of Man, then we need to have some urgent remedial actions. Even as a novice in matters legal, I know you cannot stand at Eldoret bus station and shout out to someone in Nakuru to ask Akamba bus service bus cruising towards Nairobi to come back to you shortly after you fought with the driver while he was waiting for you to board the bus at Eldoret. You would need some level of authority to REVERSE the bus' drive to Eldoret. At the moment, ALL Mr WKR and his entourage are doing is to shout at the gates of parliament with all manner of noise asking the Constitution of Kenya Review Act (2008) to reverse the draft (using the FORWARD gear that they GAVE it!) back to parliament. That is cheap populism and I see nothing here but chicanery and lack of foresight.
REMEDY: Using a private members' motion, WKR and his ENTOURAGE should have moved to introduce amendments to the Constitution of Kenya Review Act (2008) IMMEDIATELY following their publicity stunt the other day when they voiced their NO-unless-amended views at the press conference. In the absence of deliberate moves to amend the Constitution of Kenya Review Act (2008) all that they are doing is POLITICAL POSTURING and EMPTY rhetorics whose objectives is nothing but politics.
MPs were in parliament while Ms Karua moved the Act. None of them saw it fit to fix the gaps that they are currently frothing about. Walikuwa wakilala?
Parliament just went through the motions of AYES and a few NAYS. A divided house that could not agree to a single amendment then is being asked to amend the draft now, before the end of a month. Who is not being sincere? Some of the people in the NO were NEVER heard during amendments for the sticky issues close to their constituents. WKR found golden SILENCE when the Orengo motion on DEVOLUTION was being moved. Devolution is so close to the Kalenjin that anything else did not matter in this constitution on a reference scale. Invariably, we heard, and watched as some MPs found their bladders all-too-full-too-soon. Why think brinkmanship now?
As someone has said, WKR should know that 99.99% DNA links him to this beautiful though not perfect baby and he should not shoot it down. He should carry his baby to term.
In the absence of an amendment to the Act, WKR and his entourage are fooling nobody, and they will not get far.
FACT: The law was made for man and not man for the law. In other words, the constitution is made for us and not us for the constitution. Therefore what we make can be changed to suit us when we deem it fit, nothing is cast in stone. Those teaching us that this constitution shall not be amended are not being sincere. One, Kenyans did not want a constitution which could be amended in a bar. Having seen the way the independence constitution was amended and diluted, Kenyans raised concerns about the water-tight provisions to block tinkering with the constitution. That is good. However, Chapter 17 Articles 255-257 and provide for the mechanism for amendment. This draft has anticipated that Kenyans are dynamic, and as such might deem it fit to amend the document in future. HOW to do it has been factored. It is either by popular mandate, where MPs wanaregarega or it can be initiated by parliament. Whatever the case, the process to be followed is stipulated clearly.
If I had an opportunity, I'd request MPs to stop these YES and NO noises and engage in civic education for NOW. People need to KNOW what they shall be asked to VOTE ON at the plebiscite.The NO camp need to mobilise themselves and sign an MoU, a commitment, that once adopted at the plebiscite, the first item in parliament shall be to move amendments to deal with the contentious issues. As matters stand now, not even a year of dilly-dallying can marshal enough MPs to effectively and in a non-partisan manner move amendments to the draft.
FACT: if the draft is being driven by the act as it is, then there is no way any amendment can be made to it without that being regarded as illegal. As people who legislate, they should be the last ones to advise us to disobey the law. ONLY and amendment to the Act to provide for a mechanism for the amendments to the draft can reverse the draft. Otherwise, as it is currently, it is headed for the guillotine. That Guillotine owes its life to WKR and the MPs in the 10th parliament. If they slumbered through their job, they should let us know.
In a hurry to 'Fix Raira', WKR eventually ended up 'shafting the Kalenjin' and now the chicken are coming home to roost. Say NO baby, say NO.
Everybody can see through that. It is WKR in panic mode trying to hit back. By the end of this week he will have been to any place that looks threatened and threatening to his scheme.
WKR is not really interested in a NO train. If his motivation for the NO campaign were the sticking issues, he should have used parliament to stall the process and reverse the Draft's movement. As I hit the keyboard, parliament has not received a Private Member's motion to initiate amendments to the Act which guides the Draft's path.
I shall second-guess him. Please bookmark this email. WKR has teamed up with known anti-devolutionists like Jirongo who did not lend the numbers to the Kalenjiin's hunger for Majimbo for fear of 'ethnic cleansing'. The reason these people are coming together is because YK'92 is becoming WK'12. How amazing a two-decade transformation can impact on this group. WKR's intention is simple, and I read his mind:
"Use the NO campaign to buttress himself as THE Kalenjiin supremo. Get the numbers that will no doubt show the world that he OWNS the Kalenjiin and then ready himself to auction the community to the highest bidder in 2012".
The NO campaign will offer a cost-free census of his strength. He only hopes it becomes big enough.
Meanwhile many more deals can be cut without OUR knowledge.
Good luck Gotaab Myoot, which might as well be miat to some careers.
FACT: The current Draft is driven by an Act of parliament, the Constitution of Kenya Review Act (2008) published in the Kenya Gazzette of 22nd Dec 2008. A summary of the Act is given graphically at the CoE Wbsite.
FACT: There exists NO provision in the current driver, the Constitution of Kenya Review Act (2008) for negotiations outside the framework provided which means there is only one logical destination for the draft, safe for editorial corrections at the AG Chambers. That destination is a plebiscite with a clear and YES or NO.
MYTH: That the Principals can still mobilise popular support from the SAME divided parliament that voted to pass the draft with kura ya makelele is being insincere on the part of WKR and his entourage. IF we are a country that believes in the Rule of Law rather than the Rule of Man, then we need to have some urgent remedial actions. Even as a novice in matters legal, I know you cannot stand at Eldoret bus station and shout out to someone in Nakuru to ask Akamba bus service bus cruising towards Nairobi to come back to you shortly after you fought with the driver while he was waiting for you to board the bus at Eldoret. You would need some level of authority to REVERSE the bus' drive to Eldoret. At the moment, ALL Mr WKR and his entourage are doing is to shout at the gates of parliament with all manner of noise asking the Constitution of Kenya Review Act (2008) to reverse the draft (using the FORWARD gear that they GAVE it!) back to parliament. That is cheap populism and I see nothing here but chicanery and lack of foresight.
REMEDY: Using a private members' motion, WKR and his ENTOURAGE should have moved to introduce amendments to the Constitution of Kenya Review Act (2008) IMMEDIATELY following their publicity stunt the other day when they voiced their NO-unless-amended views at the press conference. In the absence of deliberate moves to amend the Constitution of Kenya Review Act (2008) all that they are doing is POLITICAL POSTURING and EMPTY rhetorics whose objectives is nothing but politics.
MPs were in parliament while Ms Karua moved the Act. None of them saw it fit to fix the gaps that they are currently frothing about. Walikuwa wakilala?
Parliament just went through the motions of AYES and a few NAYS. A divided house that could not agree to a single amendment then is being asked to amend the draft now, before the end of a month. Who is not being sincere? Some of the people in the NO were NEVER heard during amendments for the sticky issues close to their constituents. WKR found golden SILENCE when the Orengo motion on DEVOLUTION was being moved. Devolution is so close to the Kalenjin that anything else did not matter in this constitution on a reference scale. Invariably, we heard, and watched as some MPs found their bladders all-too-full-too-soon. Why think brinkmanship now?
As someone has said, WKR should know that 99.99% DNA links him to this beautiful though not perfect baby and he should not shoot it down. He should carry his baby to term.
In the absence of an amendment to the Act, WKR and his entourage are fooling nobody, and they will not get far.
FACT: The law was made for man and not man for the law. In other words, the constitution is made for us and not us for the constitution. Therefore what we make can be changed to suit us when we deem it fit, nothing is cast in stone. Those teaching us that this constitution shall not be amended are not being sincere. One, Kenyans did not want a constitution which could be amended in a bar. Having seen the way the independence constitution was amended and diluted, Kenyans raised concerns about the water-tight provisions to block tinkering with the constitution. That is good. However, Chapter 17 Articles 255-257 and provide for the mechanism for amendment. This draft has anticipated that Kenyans are dynamic, and as such might deem it fit to amend the document in future. HOW to do it has been factored. It is either by popular mandate, where MPs wanaregarega or it can be initiated by parliament. Whatever the case, the process to be followed is stipulated clearly.
If I had an opportunity, I'd request MPs to stop these YES and NO noises and engage in civic education for NOW. People need to KNOW what they shall be asked to VOTE ON at the plebiscite.The NO camp need to mobilise themselves and sign an MoU, a commitment, that once adopted at the plebiscite, the first item in parliament shall be to move amendments to deal with the contentious issues. As matters stand now, not even a year of dilly-dallying can marshal enough MPs to effectively and in a non-partisan manner move amendments to the draft.
FACT: if the draft is being driven by the act as it is, then there is no way any amendment can be made to it without that being regarded as illegal. As people who legislate, they should be the last ones to advise us to disobey the law. ONLY and amendment to the Act to provide for a mechanism for the amendments to the draft can reverse the draft. Otherwise, as it is currently, it is headed for the guillotine. That Guillotine owes its life to WKR and the MPs in the 10th parliament. If they slumbered through their job, they should let us know.
In a hurry to 'Fix Raira', WKR eventually ended up 'shafting the Kalenjin' and now the chicken are coming home to roost. Say NO baby, say NO.
Everybody can see through that. It is WKR in panic mode trying to hit back. By the end of this week he will have been to any place that looks threatened and threatening to his scheme.
WKR is not really interested in a NO train. If his motivation for the NO campaign were the sticking issues, he should have used parliament to stall the process and reverse the Draft's movement. As I hit the keyboard, parliament has not received a Private Member's motion to initiate amendments to the Act which guides the Draft's path.
I shall second-guess him. Please bookmark this email. WKR has teamed up with known anti-devolutionists like Jirongo who did not lend the numbers to the Kalenjiin's hunger for Majimbo for fear of 'ethnic cleansing'. The reason these people are coming together is because YK'92 is becoming WK'12. How amazing a two-decade transformation can impact on this group. WKR's intention is simple, and I read his mind:
"Use the NO campaign to buttress himself as THE Kalenjiin supremo. Get the numbers that will no doubt show the world that he OWNS the Kalenjiin and then ready himself to auction the community to the highest bidder in 2012".
The NO campaign will offer a cost-free census of his strength. He only hopes it becomes big enough.
Meanwhile many more deals can be cut without OUR knowledge.
Good luck Gotaab Myoot, which might as well be miat to some careers.
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Everybody can see through that. It is WKR in panic mode trying to hit back. By the end of this week he will have been to any place that looks threatened and threatening to his scheme.
WKR is not really interested in a NO train. If his motivation for the NO campaign were the sticking issues, he should have used parliament to stall the process and reverse the Draft's movement. As I hit the keyboard, parliament has not received a Private Member's motion to initiate amendments to the Act which guides the Draft's path.
I shall second-guess him. Please bookmark this email. WKR has teamed up with known anti-devolutionists like Jirongo who did not lend the numbers to the Kalenjiin's hunger for Majimbo for fear of 'ethnic cleansing'. The reason these people are coming together is because YK'92 is becoming WK'12. How amazing a two-decade transformation can impact on this group. WKR's intention is simple, and I read his mind:
"Use the NO campaign to buttress himself as THE Kalenjiin supremo. Get the numbers that will no doubt show the world that he OWNS the Kalenjiin and then ready himself to auction the community to the highest bidder in 2012".
The NO campaign will offer a cost-free census of his strength. He only hopes it becomes big enough.
Meanwhile many more deals can be cut without OUR knowledge.
Good luck Gotaab Myoot, which might as well be miat to some careers.
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