At least for as long as the current political set up in Kenya still holds there are chances that we may still end up without a constitution. Already, the two parts of government have put their proposals over the constitution on the table. They are just as different and full of contradictions as one would expect. While one side for instance draws heavily on the Bomas draft that has been at the centre of confusion the other one seems fluid and determined to hold.
Both sides are digging in for a referendum battle even before listening to the merit of the other side’s proposal. The ultimate draft will have to be subjected to a referendum and its anyone’s guess what politicians will do. The history of polling and referenda in this country has never been based on issues, as long as it is politicians who are mandated to explain the content to the largely ignorant public. This begs for a little soul searching: do we really need the constitution first. Well, it about the egg and the hen and what should come first.
The trouble with the previous systems of seeking public appraisal of issues has been that politicians have always taken the opportunity to sell their own agenda mostly with nothing to do with the initial objective. They are bound to pick issues with virtually anything while at the same time distorting it.
The political ground is all set for this kind of drama. The economy is at a record low with too many unemployed souls to let loose on the streets again as campaigns for and against sentences and clauses of the constitution hit the political fan. In brief, there are too many vested interests and scores to settle for a conducive environment.
Alternatively, if parliament could be sensible enough to remove itself from the process of the constitution and only leave it to experts and more focused Kenyans, then there could be some hope. The current scenario will only yield a PNU draft and an ODM one and, of course politics and chaos. Politicising the constitution making process and content will only take us round and round. It is time we thought of where our priorities lie. It would be better to correct the politics before going into any serious business that may require some politics at some point. The political arena is too dirty for any meaning ful business and maybe that is where those calling for an election before the constitution is may have their point. Anyone sharing my view?