The unpleasant truth be told, the draft constitution will be passed or defeated on the singular issue of competing executive powers between the president and PM. Pretending otherwise is to live a national lie. All the other magnificent clauses will either fall in place or be buried together with the explosive executive power.
The real paradox lies in the hidden acknowledgement from CoEs that all our woes are traceable to imperial presidency while also creating a check in the office of the PM. Well, we know the king size egos of politicians and we only leave such an ambiguity to their so called well-meaning and statesmanship interpretations at our collective peril.
We know the tattered constitution owes its stench not from its print or spirit but wanton abuse by the previous three presidents. While Jomo betrayed all the basic tenets of nationalism at independence, Moi fitted smartly in his predecessor’s ruinous shoes to drive Kenya down the destructive slope. As for Kibaki his love for the nostalgic 1960s left him no time to measure up to Kenyans’ expectation of him following 2002 elections. But all that is water under the bridge.
The present political circumstances though self-inflicted offers us the best opportunity to reclaim Kenya and free ourselves from the evil grip of these selfish politicians. Granted the draft is not perfect, if not a lazy pretence at intellectualism that merely grafted the controversial executive clause to hitherto comprehensive Bomas and divisive Kilifi drafts.
American constitution is often quoted for posterity because while POTUS remains the most powerful person standing on planet earth, he is comprehensively checked by senate and other arms of government. We cannot afford the expensive luxury of leaving the ego of a president and a PM enslave and strangle Kenya forever.
The spirit of CoE’s draft lies in its latent acceptance that we are a nation exclusively led by competing tribal lords. Majority of Kenyans owe their loyalty first to their tribe and country second. The proposed regional governments are nothing but an academic nomenclature of that truism.
So are we ready for both an executive president and PM? Well, while the present proposal was singularly informed by the nasty experience of a suffocating presidency, we MUST tame competing egos with stringent laws that leaves the scoundrels no room to hold Kenya at ransom again, NEVER.
True, majority of Kenyans only read for exams in addition to text messages. But this time we must roll up our sleeves, open our eyes, read the draft and make our opinions count.
And who knows, we could trail blaze uncharted waters of governance. But while at it WATERTIGHT remains the key.