re: *We'll adopt Bomas Draft after win, say Orange leaders *

Coalition Constitution Reform wrote:

Lameck,

You are the one who looks bad defending the indefensible.

It would have been more helpful if you rebutted my arguments point by point.

You say "Let us not spread the blame....".

I am not merely spreading blame. I am stating facts. Why has the opposition in parliament opposed comprehensive reforms?

For example, let's look at what they promised:
(my comments are in capital letters within this article)


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*We'll adopt Bomas Draft after win, say Orange leaders *

The Standard, 18th November 2005**

Standard Team

The Orange camp plans to adopt the Bomas Draft through another referendum if they win the Monday vote.

"We will amend it by changing some areas properly and ensure that it is subjected to a referendum for Kenyans to adopt it," said Ruto.

Orange spokesman William Ruto said the Bomas Draft would be the way forward after the November 21 win.

"We are sure of the No win on Monday. People of Kenya will have said they want a people-driven constitution and that is what we intend to pursue," said Ruto.

The Kanu secretary-general was speaking at the Orange Secretariat on Wednesday after a meeting attended by Roads minister Raila Odinga and Kanu chairman Uhuru Kenyatta.

It was also attended by Cabinet ministers William ole Ntimama, Lina Kilomo, Najib Balala, several MPs and former vice-president Musalia Mudavadi.

The meeting was for all the Orange polling agents in the November 21referendum from all the provinces.

"Constitution is about people. By voting No on Monday, the people will have said that they want the process to start a fresh to have a people-driven constitution, " said Ruto.

SO WHEN DID THE OPPOSITION MOVE TO PARLIAMENT TO HELP START AFRESH THE JOURNEY TO A PEOPLE-DRIVEN CONSTITUTION? IF NOT, WHO AND WHAT PREVENTED THEM?

Ruto said the Orange team would move to Parliament and make the necessary legislation, which will provide the legal framework to discuss the Bomas Draft.

WHAT ATTEMPT DID THEY MAKE TOWARDS "THE NECESSARY LEGISLATION WHICH WOULD PROVIDE A LEGAL FRAMEWORK TO DISCUSS THE BOMAS DRAFT"?

Ntimama said Kenyans must remain firm and vote No on the proposed constitution on Monday. The minister said the campaign would be sustained until 2007.

WELL, HON, NTIMAMA, IT IS 2007 ALREADY, HAVE YOU UTTERED EVEN A HALF A WORD ABOUT THE BOMAS DRAFT? OR OFFERED EVEN A LAME ALTERNATIVE ROADMAP APART FROM BLOCKING EVERY MOVE TOWARDS COMPREHENSIVE REFORMS?

My further comments:

Had the ODM joined the civil society to develop a national consensus on the way forward, Kenya would be far today. We would be preparing for a general election under a new people-driven constitution. We as a nation would be content that elections are just but periodic contests among competing visions, fully aware that. elections do not determine a country's destiny. Great countries of the world were not created by elections but through deliberate constitutional overhauls initiated and championed by groups of selfless patriots many of whom sacrifice their short-term ambitions for what is the most important thing towards enlightenment and liberation.

Our parliamentarians, both in government and opposition, have all failed resoundingly to provide leadership to the nation when and where the nation needed them most. They have therefore squandered the necessary capital that would have given them the moral authority to request the people's trust. But even more so, they have acted as if they have a hidden agenda, an agenda which includes needing the present constitution to achieve certain partisan aims.

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Ndugu Lameck, I doubt if you read my rebuttal to Ndugu Oketch in full. If you did, I doubt if you understood a word I said.

I am fully aware that sometimes communicating effectively may be a challenge. Thus the problem may be with me not with you. For that matter, I attach below another rebuttal by Wanyee Kinuthia to the same Oketch on the same issue in January this year. It is exactly what i would like to say to you.

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Bw. Oketch,

Thank you for your response.

Concerning the issue of the President not creating an enabling environment for creating a new constitution: Don't you think that the Opposition/ODM shares the blame for Kenyans not having a new constitution,owing to the fact that they have not fought for it on our behalf, even until now? Did they not also hinder the review process, as we saw in the last few months?

It is such a lack of commitment on the part of ODM, particularly in view of the fact that the responsibility fell upon them immediately after the YES /NO referendum, to chart the way forward, that causes me to doubt their sincerety. This was their opportunity, to prove their worth by TRULY leading us forward, not just to the another election.

Wouldn't you agree?

Instead, they suggested minimum reforms, and this was only for the sake of elections. Some were calling for snap elections. Anyone can see their lack of commitment to Kenyans, by their shunning this great responsibilty. Where are those who were promising the people a new constitution within 100 days of being in elected? It has been years.

This is the impetus behind the formation of CCR. To do what needs to be done. There is no other agenda.

Now, if it is not as complicated, and everyone that needs to get their act together does so, then why can't we do what should have been done years ago? Why can't we take it from the Bomas draft (or the "zero draft"), and simply complete the process as necessary?

To me, this is what makes it seem like some of 'them' are afraid of the new constitution, for certain reasons (e.g land reforms).

You wrote that we must "elect into office someone who has fought for us, with us, and knows what we want". I agree, but who would you suggest? Who has truly championed our causes thus far, let alone the constitution, which is for his or her own sake? Who is different from Kibaki, in that he or she will give us our new constitution when elected President?

We can only trust ourselves this time. We must do the logical thing. Even they would agree, if they were in our shoes.

You see Oketch? This is why CCR must exist. For the sake of ALL Kenyans.

And as you said, enacting a new constitution is not complicated. We can do it as Kenyans and we must do it as Kenyans.

Let us now move forward.

wanyee
(Ottawa, Canada)
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Sincerely
Tegi Obanda
Ottawa, Canada
May 2, 2007