The strength of a constitution relies on each citizen’s determination to defend it, reasoned Albert Einstein.
Kenyans mark the 15th anniversary of the promulgation of the constitution. 15 years ago, Kenyans close a dark chapter of impunity by rejecting a governance document that was porous and allowed seeping of despotism, impunity, philandering of public resources, oppression and repression. Kenyans literally tossed away a cloak that wrapped them in utter pain sanctioned by the state- trampling of their human rights.
The Kenyan constitution is a living document, a document whose chapters, articles and sub articles were literally fed life with the blood of many who stood firm to ensure that dictatorship and hopelessness was defeated. Many people were imprisoned, tortured, maimed, killed and others completely disappeared by the former regimes and their honchos.
It is important to reflect as to what Kenyans really wanted and envisioned when they fought for the new constitution and while at it, look at the state of affairs 15 years later and see at the Morgan Heritage group sings and wonders; if there is anything to smile about.
Despite Kenya boasting of a robust and a progressive constitution, it still bleeds from the same wounds, which the constitutional change was meant to cure. Take for instance, the separation of powers between the Executive, the Parliament and the Judiciary is so hollow and the later two institutions look like a subset of the first. The lack of independence has thrust the country back to the abyss it was in 15 years ago.
While the constitution put in place the longest chapter- Bill of rights; violations of human rights is so blatant that Kenyans now live in constant fear of state sanctioned harassment. The same issues of torture, enforced disappearances, killings and police excesses are the order of the day. A good reference point is the clampdown on the youth led protests by the Kenya youth dubbed GenZ riots. It is so painful that while the youth exercised the same rights guaranteed by the same constitution, they were abducted, clobbered, tortured while some were killed and others completely disappeared. Some quarters referred to them as terrorists and economic saboteurs effectively putting them in the same class with Osama Bin Laden.
The constitution put in place adequate mechanisms to fight graft and elevate integrity. However, without shame, the country losses billions of shillings every other day and the only attempt by those in power in engaging in singing blame games instead of activating the same constitutional frame works.
The very basic services in the education, health and infrastructure have halted. The basic and higher education is in crisis with lack of funding for universities and capitation for secondary schools. The trials for the Competence Based Education (CBE) looks like a poker and Russian roulette games. The Social Health program dubbed SHA is such a hogwash attempt but a clear conduit for theft of state resources pooled from citizens contributions- Kenyans are dying in masses over preventable causes while some crazy well-connected individuals siphon billions of the funds. It is needless to say that most of the roads and water infrastructures remain a pipe-dream and clear white elephants.
The concept of devolution was supposed to be a game changer in bringing services closer to the people. We were all elated that people would have governments closer home where developmental issues would be discussed and legislated. It is however clear that we devolved all the bad practices that; we were running away from as we brought in the new constitution. Corruption, impunity, backward trotting politics and Queen-King syndrome has been the hallmark of the leaders at the County governance level. The Governors are preoccupied with the power trappings of their positions while the Members of the National Assemblies are nothing short of the illiterate Councilors (Kanjura’s) we were shaking off- They term themselves as Honorable Member yet they are only good at shouting matches and offering blind support for either or against the Governors.
The constitution created for itself strong institutions to enforce itself and deal with any attempts to derail it. This includes the constitutional and independent offices to promote human rights, fight graft, promote gender equality, and streamline law enforcement and others for redress like the Judiciary. However, to circumvent their effectiveness, there are numerous attempts either to undermine and or under resource in order to dull their efficiency and efficacy. There are attempts to bypass these institutions by creating new frameworks- those concoctions are useless and ineffective. Let’s support, respect and resource the existing constitutional bodies.
It is a pity that despite the 15 years of celebrating “a new constitution,” Kenyans remain disillusioned as before. Hopelessness, poverty and fear have a strong grip on Kenyans exacerbated by weak and mean leadership so determined to advance their egoistic desires and trouncing on the very constitutional frameworks that hinder their ill motives.
Kenyans, the constitution is crying for help, it is a civic duty of all Kenyans to come to its rescue.
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