By Dr.David Matsanga in London
I want to add my voice from a position of international aspect regarding the ruling on the Building Bridges Initiative (BBI). For 11 years, since Kenyans promulgated a new Constitution that was undoubtedly hailed as one of the most progressive in Africa, and perhaps in the world, its political and governance style has, to a bigger extent, been in steady ruins.
The ongoing debate on whether Kenya needs a referendum to review its Constitution that was promulgated in 2010 is something so critical that shouldn’t be ignored. The Right to appeal court decisions and disagree with rulings is also democratic. The Judges should not stop anybody from voicing concerns on their ruling because it is a democratic right to do so.
Nobody, including Judges should bully Kenyans or anybody in the Commonwealth regarding the ruling. The world that does business with Kenya have a right to talk about an obnoxious ruling. Therefore, some of us who are not parties to the same have a right to voice our concern about the High Court decision through the media.
I have never seen any state in Africa where Magistrates call on police to arrest people and bring them to their courts because they have criticised their rulings. How can a Judge tell the educated world that one cannot Amend Chapter 9 on the Executive and Chapter 10 on Judiciary?
Surprisingly the 5-bench Judges went ahead and said that the constitution Kenyans gave themselves cannot be amended on those sections. My good question is this: Is the constitution of Kenya the 10 commandments?
When President Uhuru Kenyatta and opposition leader Raila Odinga mooted the Building Bridges Initiative (BBI) Bill that gave a window for the nation to chart a new path in order to heal the country’s many ills, there was hope that Kenya’s Electoral violence would be a thing of the past.
I must state again here that since the adoption of multiparty democracy-kind of politics, experience and lessons about the winner-takes-it-all concept, have brought chaos to Kenya. The BBI is the ideal route for the country to remove the malady that has killed this great nation since 1992.
Therefore, this is the golden opportunity that all and sundry must aptly utilize and try adopt a new concept, perhaps “consociational democracy”. (handshake consensus)
It is emerging as the political system of choice in many countries like Kenya that are facing challenges in cohesiveness – where the political leaders of all significant segments of the plural society cooperate for the good of the country.
Almost every Kenyan citizen today acknowledges that ethnic antagonism and competition has become a potential threat to their democracy.
A strong nation cannot develop this way and Kenyan political leaders and their respective parties need not to necessarily compete using ethnic profiling or by promoting disdain for any community or region but sell their ideas.
Before the constitution of 2010 Kenya had increasingly become defined globally by its ‘negative’ politics and setbacks that come with it; corruption, ethnicity and anarchy.
Inclusivity has been a big headache faced by Kenyans as the previous political systems had been unable to adequately address the feelings of segregation by some communities.
There must be an attempt or an effort to achieve this goal. Kenyans need that reconciliation and a clear redemption strategy which has become a popular concept as a means to reunite divided societies.
President Uhuru Kenyatta has proved that the only way to heal the nation is by changing the systems that brought about obstacles. He must successfully establish national unity in Kenya. That hope lies in the BBI process to achieve this noble objective.
It is a fact that no one can ignore that the building of a nation goes far beyond the mere existence of an independent Judiciary and political nation with a flag, a national anthem and an army.
I believe that an effective nation-building brings important and positive consequences as alliances that cut across the entire territory of a country depoliticises ethnic divisions.
I personally became interested in the new handshake politics that could cure Africa’s conflicts. President Uhuru Kenyatta and Hon. Raila Odinga were keen on addressing the issue of negative ethnicity and political exclusion that had kept Kenya in constant turmoil.
The world and Kenyans must not forget that it was only after the Kenyatta-Odinga truce that the ever-boiling political temperatures in Kenya calmed and the regions/communities that felt excluded in the government began feeling as truly part of their government and nation.
I stand as one of those who advocated for a Redemption Strategy in Kenya. I respect the courts in the world but I disagree with courts that base their rulings on JUDICIAL ACTIVISM that has caused conflicts elsewhere in Africa. Bad court rulings if not checked in advance could plunge the country in chaos.
I do oppose the ruling of the Judges but I dont have any hatred against them personally .I oppose the ruling that was solely crafted by their own principles when seeking to determine a non-existent provision.
I base my sound mind on the basis that the people shall determine for themselves what to entrench in the constitution. But I disagree with Judges ruling in that they cast a doubt on the whole theory of popular initiative under Article 257.
I believe that Judges on earth don’t live on in isolation. The five-judge bench erred by misleading the country on sovereign through unconstitutional opinions and for attempts to subvert the fundamental laws and introduce factional differences that exist between the Judiciary and Executive over funding and promotions of judges.
It is against such a backdrop that calls to split the country by anarchists Dr. David Ndii will fizzle out. I state here without fear of contradiction that to move forward, Kenya must indeed accept BBI as the only viable route and way for her unity PURPOSE.
LASTLY, the status quo, of ethnic antagonism and hatred must be disrupted for Kenya to prosper. I support BBI and the HEALING of a NATION. I fully support President Uhuru Kenyatta and former Prine Minister Raila Odinga on this.
God bless Kenya
The writer is a Political Scientist and International Conflict Resolution Expert.
