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As one of our regulars Taabu always puts it, our current constitution is a “cut and paste job” from Britain’s and a little from the United States. Even the constitutional amendments that have recently been suggested are not at all creative but designed specifically to get certain individuals into State house.
It is instructive that former Constitutional Review chairman Yash Pal Ghai’s attempt at some real; creativity that I believe would have worked very well (creating a prime ministers office and clipping the powers of the president) was rejected by most of our current crop of politicians who did not want to think beyond the ordinary.
Yet it should be clear that no "cut and paste job" will solve our problems. We need to create laws that are aimed at our unique and sometimes ridiculous problems in Kenya.
Now there is a constitutional amendment here that can tremendously help our bleeding nation.
Why not pass a law ensuring that in the next 50 years (10 terms) we get a president from 10 different tribes of Kenya to rule us? That would mean that the Kalenjin and the Kikuyu tribes will already be disqualified from fielding a candidate this year. Apart from the incumbent of course who would be allowed to seek re-election. However if the presidency passes on to a Kamba candidate or a Luo one, then Kambas or Luos will be disqualified from seeking the presidency again for the next 50 years and so on.
I am aware of just how radical this idea is, but desperate times call for desperate solutions. The new law would force us to form alliances and to start looking over our tribal fences for political unions and support. It would help kill the tribal demon in our politics.
I believe 50 years of this is enough to rid of us of some of the most rabid political tribalists the country boasts of currently. But alas, we know our current crop of politicians would never even think through such a suggestion. Most of them are “cut and paste” adherents.
Maybe, just maybe the 10th parliament will surprise us, pleasantly that is.
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Chris, that was a creative post. On being a radical proposal, well I am not sure. Kenya's problem are known but legislating rotational tribal presidency is definitely not one of them. True, desperate situations calls for desperate measures but can we affford this obtuse and naive experiment that is clothed is such a primitive venture? Your guess right lest we want hold the world records for al the wrong reasons.
ReplyDeleteDoing so would be akin to the proverbial ostrich buruing his head in the sand. What will stop our tribal chiefs from misusing their ill gotten wealth to cut deals across tribes? Nothing. We only succeed in legislating STRUCTURED TRIBALISM towards promoting corporate ethnic tensions albeit reversed.
Remedy? We must look our problem in the face and singularly tackle with all our might devoid of tribal stripes. Yes it is that easy and possible if we only stopped to think Kenyan and not of our communities. Better pride in geograhical rather than misplaced biological accident. This is not dreaming since Kenya has the Ghais of this world who only need few heads and hands to help shape an African model. Poor leadership nourished on the fertile tribal minds is the root cause of all our maladies. Anything else is secondary.
Waiting fifty years for anything cannot be good. However, it would be quite interesting to hear Saitoti challenging, oh! I mean supporting the amendment.
ReplyDeleteI think you would also have to be specific on how you determine a candidate’s tribal affiliation i.e. paternal or maternal? If maternal, the new law will also be encouraging extreme polygamy…. in the form of intermarriages i.e.. My kids will stand a better chance of becoming president, if say, I had five wives from yet to be presidential tribes. the downside is that it will be pointless to marry a Kikuyu or a Kalenjin (at this point at least).
What about amorphous tribes; such as the Luhya or the Swahili? What of the Ogiek-like tribes of about forty people…with only one degree holding chap? Sole presidential candidate comes to mind?
Not taking the joke too far but what if the Kambas took power and thoroughly punished the preceding Kikuyus. The Kikuyu would have to wait for about 45 byears to seek revenge.
Just so that you and Taabu know, Britain has NO constitution, so really no cut and paste job would have been possible to get us the Lancaster House Constitution.
ReplyDeleteAs for your suggestion of tribal rotation of the presidency as the panacea for tribalism in Kenya, I say welcome to the world of tribal midgets who think tribe and merit are two different planets.
Assuming you are not a BBC character (Born Before Computers), you would be the last one to fall for that rubbish about our turn their turn. If the president's mother tongue is Samburu, he will not be the president of the Samburu but of KENYA!!
bad leadership and tribal or family stealing rackets against the people of kenya cannot be blamed on bad laws. Everything is in the implementation. And don't forget that the UK does not have a written constitution! So what, the Kenya constitution is not that great - but look at the american one it's super short and they've made sure there is a check and balance system. the latter is what matters because then even stupid as in brain power stupid presidents like Bush cannot rule everything (Kibaki is not stupid, but the result is not much different on the ground?). kenya should consider a federal system - stop pretending kenya is one happy family. its a joke. but it could be one great nation of regions if the real leaders started standing up - or have they all gone to america?
ReplyDeleteSome good news in. Kenya is widely being praised for its leadership on the elephant trade! Leadership is possible!
ReplyDeletePandora
I knew it!
ReplyDeleteYou've all totally missed the point. Laws are made to protect us from ourselves. The truth is that MOST Kenyans think in tribal terms. As much as you and I want that to go away, it can't and it won't--at least not in a hurry. But it seems that most Kenyans think that the more we pretend there is no tribalism in Kenya, the quicker it will go away. Just like an Ostrich pretending that there is no approaching fire by burying it's head in sand and hoping it will go away.
I am convinced that this law would force tribes (including tribal chiefs) to change their politics and get used to the idea that if another tribe or a ceratin tribe gets to rule, then it is not the end of the world. This is exactlky what many Kenyans feel at the moment. Just read the comments in this blog carefully and you'll see it.
The idea is not to give every tribe their turn because no tribe can win the presidential elections on their own. Not to mention the increasingly powerful parliament. The idea is to get triobes talking politics until the artificial lines dividing them dissapears.
One thing about Kenyans is that they are too conservative and want to be British when that country is not our agemate (good luck to you all).
Mumbi wa Gikuyu thank you for your correction but Britain DOES HAVE a constitution which is commonly referred to as an "unwritten constitution" although most of it is actually written in the form statutes, judge made case law and international treaties etc. As well as unwritten traditions. I guess it is a hangover from the days when the King/Queen was the law and aconstitution. The written is what our fouinding fathers "cut and pasted".
I firmly believe that the sooner Kenyans get out of their conservative shell where any idea that has not been tried in Britain and US is dismissed. We badly need homegrown ideas and solutions to our problems which we understand better than outsiders (read civil society funded ideas) ever will.
-Kumekucha-
I'd be surprised if anyone living in Kenya in this day and age, or in the past, would really feel that tribalism does not exist. or would feel that the impact of tribalism has no negative bearing on our way of life in Kenya. i'd recommend a class called "Kenya 101:past, present and future" for such people
ReplyDeleteMoving onto the the law that Chris
suggested, i would prefer that instead it were introduced as legislation banning all forms of tribalism altogether, and enact laws celebrating and promoting acceptance of tribal diversity
I hear someone asking "well how would someone be judged to have broken this law of yours? they would just easily accuse anyone of being tribal and therefore criminal breaker of the law!" not so, i argue for the simple fact that if indeed merit is to be used as the measuring stick, then the law would be made to work to ensure opportunity is offered equally-trust me,not even the highest positions of Govt in the land will be left unfilled because Kenya does not lack in the abundance of human capital from all walks of life
Ban tribalism in all its forms!bring back integrity in leadership
Those who accept that they can live with tribalism are the cause of our problems!!!
ReplyDeleteSupposing Kimani is appointed by Kibaki to be commissioner of police. If I was that Kimani, if I realised that my appointment was not on merit but was based on some spurious arrangement because I am a kikuyu, then I would reject that job.
It should be the same for Lalampaa being appointed a PS simply because he is Samburu. Even if he merited the job, if he was a patriotic Kenyan, then he should decline the appointment until he is sure he is not a beneficiary fo some crude affirmative action!
No one should be made to remind himself his tribe to serve his country!
What we need are laws to make tribalism and hate speech illegal and punishable by crime. Unless that is done we will still have the same problems of tribalism and incitement. Am comfortable with whoever leads the country as long as they make our lives better and promote unity of purpose.
ReplyDeleteI rest my case.
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