There are a lot of good things in the draft constitution. But it is now crystal clear that Kenyans are going to lose it all because of somebody’s obsession with a silly hybrid system.
Why anybody would get so obsessed with this dangerous experiment just beats me. Tell me something, when a company is in a crisis what do you do? Do you start to undertake dangerous experiments? Do you create a new system which will make it difficult for anybody to take responsibility for failure? Will somebody then make me understand why we must have a hybrid system and why we must continue to insist on it even when it is crystal clear that most Kenyans are against it? (By this is now official. Today the nation printed as its’ main headline what many Kumekuchans have known all along (at least the ones who have believed me) and that is the fact that most Kenyans are against having both a president and prime minister.
The excuse at the beginning for this crazy experiment (which has never worked anywhere else in the world) was that we were trying to get rid of an imperial presidency. Nobody stopped to ask the simple questions; is this the only way of reducing the powers of the presidency? How have other countries reduced the power of the executive? Instead our so called experts have been at pains to cheat Kenyans that a hybrid system is the only way out our problems of the past.
I find it rather instructive that although the committee of experts responded to public pressure and restored the provincial administration (more on that later) they chose to ignore the section that was crying out most for them to take action, the issue of having two centres of power within the executive.
Now if I may ask, if a government under such ridiculous constitution fails, who will take the responsibility? The president or the prime minister? And please don’t tell me both.
Let me end this angry post by saying something about the provincial administration. The truth of the matter is that a lot of the excessive powers of the presidency stems from the provincial administration. Most Kenyans do not realize this. And that is why it is funny when somebody argues for a hybrid system and then in the same breath says that the provincial administration MUST be retained. In my view let’s keep things simple and neat. Let’s get rid of the prime minister nonsense and check the president’s powers using both the legislature and the judiciary. And then let’s get rid of the provincial administration. Let’s get serious about having devolved government and let people vote for their leaders at the grass roots. If they want to elect devils who will steal everything, let them, it is their democratic right.
I find it unacceptable that a lot of the arguments coming from Kenyans these days are to the effect that the ordinary Kenyan voter is not intelligent enough to make a wise informed decision and they therefore need “help” in the form of legislation. This is the reason why most people fear devolved government and it is the same reasoning behind the Mudavadi local authorities bill that will require Mayoral candidates to be university graduates even though they will be elected directly and not by fellow councilors is the case currently. My dear fellow “well educated” Kenyans, lets stop pretending and hiding our real thoughts behind many nice words that the common folks don’t even understand. Let’s be blunt and take this thinking a step further and create two different classes of voters. One the educated Kenyan voter whose vote will count twice against the single vote of the poor illiterate pumbavus from the village. Is that what we want? It seems to me that many Kenyans are very determined that we continue to widen the gap between the two different classes of Kenyans we have created.
P.S. I continue with my weekend specials next weekend and before then I will hopefully complete my current special on the dark secrets of the presidency. I will announce later what my topic for this weekend will be.
Other articles on the constitution from Kumekucha:
Why are ODM so determined to force a hybrid system on Kenyans?
What I have against a new constitution
Why the draft constitution is juice laced with poison
It's perhaps the only way to ensure the bumpkin is in a position of authority. How else did it come into being??? ;/
ReplyDelete"..Mudavadi local authorities bill that will require Mayoral candidates to be university graduates even though they will be elected directly and not by fellow councilors is the case currently..."
ReplyDeleteDegree my foot! Zimbabwe president Robert Mugabe has about 8 degrees, maybe more. See how this buffoon has screwed up the entire country! What more proof do we need?
PS chris:
What happened to "Oscar" and Danlieve who both used to post on this forum?
Mwarang'ethe does not believe that, the crux of the matter in Kenya is whether we have an hybrid system or not.
ReplyDeleteHowever, if some are of the contrary opinion, all we would say is that the South African model would have been sufficient for Kenya.
That brings us to the main issue. Why has SA with such a beautiful Constitution as the 1994 one, and not corrupt leadership (at least up to now), failed so miserably to narrow or end the gap between the rich and the poor?
And, this being the case, in line with the law of causality, are the causes of poverty in SA not the same as Kenya?
If the answer is in the affirmative, which we insist is, then, the New Constitution, just like the SA one, will not solve the problems facing Kenya.
Thus, the focus should have been the REAL cause or causes of disparity and the attendant conflict, and not whether we have an hydrid system or not.
All in all, the above truth may not be apparent at this moment, but, in the fullness of time, it shall be.
Good luck Kenyans with your vain attempts to "solve" the problems when you are ignorant of the causes. This amounts to cutting the leaves of the upas tree instead of uprooting its roots.
Has someone been able to locate where this Draft Constitution deals with the questions of:
ReplyDelete(a) with International law and especially treaties?
(b) foreign law?
It is LUDICROUS that one has to impose that mongrel in the constitution. The ploy by a section of the polity will fall flat. It is designed, and was, to have ODM united to this point, and then after the new constitution, they start their campaigns proper and award the PM to their designated Party Leader. It was desiged as early as 2008 January. That is why there is noise about the impending defections
ReplyDeleteDeroo,
ReplyDeleteTrue to prediction you have prematurely EJACULATED at the thought of ODM/RAO. When will you stop spotting devils in every dream of yours? Yours amounts to an acute bout of insecurity muddled in the fear of the perceived opponent. Mark you you don't have to paint your opponent bad to leave yourself appear clean. You are such an eloquent and consistent POLITICAL idiot.
You cretin above, can you be sensible and a little bit, try to imagine that you are intelligent. You are simply spewing matters that are either here nor there. You are the utmost TWAT buddy! Civilise please.It costs nothing.
ReplyDeleteIn retrospect, your rhetoric seems to suggest the level of literacy that MURKS. this is the second time you are writing the same in your perceived defence of RAO. I don't need lessons from you and I am not in the business of taking advice from one whose tribal affiliation narrows of idol-worship. FYI, better things make me ejaculate, and I am very sorry to engage in a numbskull chat. Forced to write words that I have avoided, sorry again.
Wondering about the POLLS that have been released. They indicate that the leading candidates have totals that amount to 50%, which makes it impossible for any of the perceived to lead in a democratic election.
So who will gather the remaining 50% in an election platform that is so fluid. Between now and 2012, so much is going to chnage as alliances form and new friends are made.
At the moment, the voter registration process has not been set on motion and declaring one having 60% of the vote is foolhardy and unwanton as any other thing.
Those mentioned in the leading candidates poll were all involved in post-election violence and should wait for the moment they are cleared of their sins.
The IMP who has just written the post above, suggests that I have painted an opponent bad. Can you please tell this readership where I have mentioned Raila's name??? You CUNT, can you please show me where I have mentioned your GOD'S name. I am talking of things that have been said by none other than ODM leaders. They wanted to maintain the current set-up through the years to the 2012 elections and elevate two or three in the lower rungs to the VP and DPM posts. Can you tell this forum where ejaculation comes in or you do get one when you read my name. Sorry I am not GAY. I am STRAIGHT baba! A ladies man to be honest with you. A Luo girl here, a Luo girl there! Of course, I dont need to think of a man's name lie you do when he asks you lot to follow him.
ReplyDelete...this blog has degenerated to a new low level in terms of critical analysis and intelligent debate...that's is why every issue has the same people against everything they perceive ODM/Raila supports...yet they hardly offer alternative credible arguments...
ReplyDeleteThe PM should be the leader of the Gov and the President be the leader of the Nation.
ReplyDeleteThis means everything going on in the gov, policy making, appointsments of ministers, ambassadors, etc will be made by PM and ratified by parliament and 2nd House. Then the president signs or rejects.
This means both are executive but the president, the parliament, etc controlls the PM.
There will be no misuse of power.
deroo said...
ReplyDeleteIt is LUDICROUS that one has to impose that mongrel in the constitution. The ploy by a section of the polity will fall flat. It is designed, and was, to have ODM united to this point, and then after the new constitution, they start their campaigns proper and award the PM to their designated Party Leader.
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Deroo, we hope it is is not so much to ask you to be honest in your debate.
Every Kenyan knows that Kiraitu, representing DP headed by Kibaki, presented a well WRITTEN memorandum proposing the creation of the post of an executive prime minister and a ceremonial president.
Thus, you should be directing your attacks at Kibaki if you are an honest man.
Mwarangethe, Kiraitu. In which draft? Yash Pal Ghai, Wako or the Kitonga draft. we are talking of a draft that was presented the other day, but the ODM charade has been on for more than one year now. In certain sections of the country, including this blog, it was said, by the same ODM informants/hecklers, that after the new constitutions, they will call it quits and send the country into a General Election. That was if the monolithic ODM machinery stayed intact. Now, they cannot even go there. Its a hot potato.
ReplyDeletederoo said...
ReplyDeleteMwarangethe, Kiraitu. In which draft? Yash Pal Ghai, Wako or the Kitonga draft.
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The main issue that Chris, and "Nation" has raised is whether we should have an executive PM and a "ceremonial" president or not.
Now, whenever this issue comes up, Kenyan say that it is RO who is behind it cos he wants to get power thru back door, whatever that means.
However, the true position is very simple. It was DP headed by Kibaki, which advocated for an executive PM and a ceremonial president, so as in words of Kiraitu, to curb the imperial presidency.
Having said that, what we have is a "harmonised" draft. But, what were the COE harminising?
It is the Bomas Draft which had captured what Kibaki wanted i.e. an executive PM and ceremonial president, and subsequent drafts like Kilifi, etc, whereby, Kibaki tried in an dishonest and stupid way, tried to swallow his words.
Seen this way, the issue of hybrid system we have now in the "harmonised" draft, is a question to be addressed to Kiraitu and Kibaki i.e. PNU and not ODM or RO.
Mwarangethe, you are eloquent on many issues. Thank you for that. But, DP introducing it is one thing and the Kenyan public falling for it hook, line and sinker is another thing buddy. What is the purpose of discourse if it so happens. Why are ODM on about it for the last three years. In any case, since it was introduced by Kiraitu, someone that ODM hates with a passion, they could have shot it off the sky if it was not going to benefit them. It is a scheme of schemes that ODM are shaping for.
ReplyDeleteGive it this weekend after people attend funerals, political meetings and visit Mau evictees and litsen to what will come out of it. To benefit Raila and ODM who made the presentation through lameduck Musalia Mudavadi, then there is an elephant in the house.
Mwarangethe, its all about DISCOURSE and arriving at an agreement.
Oh NO Arsenal have just equalised 2-2. I was praying they lose!
deroo said...
ReplyDeleteDP introducing it is one thing and the Kenyan public falling for it hook, line and sinker is another thing buddy. What is the purpose of discourse if it so happens. Why are ODM on about it for the last three years.
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Firstly, as we noted, Mwarang'ethe would prefer the SA model, if Kenyans think the executive powers is where the problem is.
Thus, he does not lean on any side on this issue for he thinks the passion that it raises is misguided for this is not where the beef is.
Now, as for DP bringing this issue, what one can say is this:
Beware of what you wish, for it may come true. You may remember that mythology whereby, someone asked for gold so that everything he touched became gold.
Since DP thought these arrangements were okay then, it is for them i.e. PNU to explain why they are bad now and nor for ODM to explain.
Otherwise, to argue that the arrangements are good when they were in opposition, but, bad when they are in power, seems a bit foolish argument by the PNU side.
Otherwise, from the look of things, it seems that, Gema will reject the draft, but, all other communities will for it. The question is, will this be in the best and interest of Gema and the nation? We venture to no.
Unfortunately, all this passion for and against Gitonga draft which may further polarise the nation, is all for nothing for draft has missed the main issues.
Two centers of power within the executive is a pontential imminent divider of Kenyans as a people and a very deadly mix of hybrid political tricks (gimmicks) for the nation's future.
ReplyDeleteHow about we the people agree to get rid of the redundant slot that has come to be known as the office of the prime minister.
At the same time, we the people must agree-to-agree to check, clip, dehorn, and declaw the presidential powers through an educated, well informed legislature and a very strong and independent judiciary.
The reminants of the oppressive, colonial provincial adminstration MUST be overhauled or done away with at all costs.
However, what would be a better alternative to the current excessive and unnecessary relic of the colonial provincial adminstration system?
Would bicameral or unicameral provincial legistures do us the people any common good and a greater good for the Kenyan nation in the near future? Anyone with viable suggestions?
All mayoral, (parliamentary and presidential) candidates MUST register a 90% proficiency in the official language as well as the national language.
In the meantime, the ugly and sterile WHITE ELEPHANT still roaming in the political streets of Kenya (in our midst) is the excessive and unnecessary (untamed) presidencial powers.
Sooner or later, some wannabe Mighty King of Kenya (Zangaro and not Zamunda) will try and seek an excuse to allocate himself/herself almost unlimited powers under the shadowy state of emergency rulings when the inevitable opportunity rares its ugly political head between 2012 and 2017.
His/her powers may end up being cemented when a parliament of like minded sychophants agrees to pass a new constitution which abolishes everything the citizenry has worked so hard for, and create an even more powerful, corrupt, ruthless and ethnic based executive presidency.
Our haunted national history may repeat itself when (God forbid) the regime becomes dictatorial and barbrian, and terrorizes, harrasses and torture Kenyans at will, forcing many educated, wealthy and not-so-fortunate (poor) Kenyans to flee into exile.
Read my keyboard strokes, when the dreaded regime takes over, there will be no excemption, at all, for political opponents, dissidents, critics and conscientious objectors, all will be jailed without trial, hence living behind the ruler of Kenya as an effectively absolute power.
BTW, what's the Swahili translation of a hybrid system?
Mwarangethe, that is why I have said, lets wait for the burials and goat-eating meetings this weekend and...polarisation proper! So much so, that Kabila Adui will be mentioned again and muta lia will be said.
ReplyDeleteIf PNU are for it, and the level of political education and awareness that has gone a notch higher in the last few years, then expect the worst. It will be bad this time round.
ODM won the referendum in 2005 with Kalonzo, Balala, Magara, Uhuru and Ruto (and Kiraitu) in one camp. Now, they have peeled off and Baba Moi has already made up his mind. Lets wait for it, but, I fear the worst.
@Dero,
ReplyDeletePoor chap, you are stuck in mode one. Please try bungee jump and save yourself embrassment. You such a poor PNU fantatic whose modus operandi mirrors KM's-exclussive REACTION no actions.
BTW you don't have to remind us of your tongue to advance porocialism, ama?
"Otherwise, to argue that the arrangements are good when they were in opposition, but, bad when they are in power, seems a bit foolish argument by the PNU side."
ReplyDeleteSounds pretty much like god Raila bumpkin. In Moi's New KANU he (Raila the deity) had the task of looking into the constitution. Does anyone remember what his stand was? Please check the archives. Several years after that one dangerous man brokers an under the table deal with Emilio to make him PM--it doesnt work out. The rest you all must know.
In all honesty, how can anyone de-link the deity, i.e. the current PM, from all this? Or is see-saw the only game this bumpkin god (and his servants) knows?
Wee wacha!
Anonymous said...
ReplyDelete"Otherwise, to argue that the arrangements are good when they were in opposition, but, bad when they are in power, seems a bit foolish argument by the PNU side."
Sounds pretty much like god Raila bumpkin. In Moi's New KANU he (Raila the deity) had the task of looking into the constitution
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Firstly, as we have said many times before, the obsession with executive powers is a fantasy and delusion that make Kenyans go mad.
Mwarang'ethe does not believe this is where our efforts should lie amd he has not taken a stand on the matter. Thus, he sees nothing much to engage about on this issue.
Lets us illustrate what should have been our focus were it not for these foolish and useless diversions.
In the "Nation" and Standard, the ongoing struggle to capture Kenya Railways i.e. land rents is covered:
- http://www.nation.co.ke/News/-/1056/839040/-/item/0/-/1wm64a/-/index.html
- http://www.standardmedia.co.ke/InsidePage.php?id=2000000542&cid=14&j=&m=&d=
Now, the Kenyan journalists including Kisero, can only see the "power struggles" and not the real stuff.
What is going on in these battles is CAPTURING OF LAND RENTS. Anyone who has read what we have been saying, can remember us saying that in Africa, "elites" can only get rich via two ways:
(a) Capturing rents from land/natural resources, and
(b) stealing aid.
In this case, we are now witnessing a classic case where a few will pocket billions of Kenyan shillings for no services rendered. Interestingly, Kenyans cannot see this naked robbery of a century.
If the above is the case, will the Gitonga Draft ensure such naked robbery of Kenyans will stop? With bitter dissapointment, we say, NO.
If the new constitution leaves room for idlers to get rich at the expense of the poor, what difference will it make whether we have "one" or two "centres of power"?
@5:06 AM
ReplyDeleteFYI, Mugabe graduated with (one) Bachelors of Arts degree. The other six were accessed through correspondence (call it distance learning if you will)conducted through regular postal mail.
Thirteen of Mugabe's other degrees are nothing other than the usual honorary degrees - LLD, D.Litt, D.Com, D.Tech and D.ZVT ("Doctor of Zimbabwean Village Tyrany")- issued by various foreign universities.
The real unfortunate issue that Zimbabwe continues to face today is a never ending bad blood feuds dating back to the days of a very bitter-cum-bloody rivalry between the Shona-speaking north and Ndebele-speaking south.
They are now compounded by the an unbridled executive presidency that has gained additional powers in the process since 1987.
That's one of the reasons the author of the article "Why the Obession with a Prime Minister" is trying to bring to our immediate consideration.
The more things change, the more they remain the same.
ReplyDeleteThe elite, well connected, old money, nouveau riche, average politician and wiseguys will continue to enrich themselves at the expense of the ignorami, confused citizenry, functioning illiterates, the compalcent multitude of diehard tribal/racial goons and the poor.
Unless .......
"If the new constitution leaves room for idlers to get rich at the expense of the poor, what difference will it make whether we have "one" or two "centres of power"?"
ReplyDeleteThe "capture of land rents" will be more and intense with two centers of power and corruption, just like it is now. Seems like people prefer less, eh? so one center ok (sort of), two centers, BAD.
Anonymous said...
ReplyDelete"If the new constitution leaves room for idlers to get rich at the expense of the poor, what difference will it make whether we have "one" or two "centres of power"?"
The "capture of land rents" will be more and intense with two centers of power and corruption, just like it is now. Seems like people prefer less, eh? so one center ok (sort of), two centers, BAD.
1/9/10 1:52 PM
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Well, two things. One, it seems reasonable to assume that, the objective of this exercise would have been to seal loopholes that allow a few idlers to enrich themselves with the sweat and blood of the poor and weak.
Secondly, there is exists no evidence whatsoever that, one center is less corrupt than two centers of powers.
In any case, we have classic examples of Moi, Mobutu, Abacha, and many others.
The sooner you accept that this "harmonised document" is in the hands of the PSC ( and beyond the reach of ordinary kenyans), the better for you to wait the outcome.
ReplyDeleteIT IS CALLED FATE.
Simply put-Kenya inawenyewe!
Others( including all blogers here) are spectators.
Keyans are not getting any new constitution in the foresseable future.Thats the FATE of the immortals in Kenya.
So, my friends, change subject of your discussion/arguements.
Chris,
ReplyDeleteSpare us your aimless rantings.
What does the latest opinion poll say?
Phil,
ReplyDeleteWewe wacha and leave Chris alone. BTW aimless is not that bad but aiming for less which is better than nothing, ama?
As for your opinion polls, no brainer. Ask the EXPERTS and they will disabuse you big time since ex-Steadman is partisan and so do all polls. Leta ingine.
Finally hakuna katiba soon sorry to rain on your parties folk.
Blogger Taabu said...
ReplyDeletePhil,
Wewe wacha and leave Chris alone. BTW aimless is not that bad but aiming for less which is better than nothing, ama?
As for your opinion polls, no brainer. Ask the EXPERTS and they will disabuse you big time since ex-Steadman is partisan and so do all polls. Leta ingine.
Finally hakuna katiba soon sorry to rain on your parties folk.
Chris is completely lost, so we have a duty to bring back on track.
Purporting to support a new constitution and then alleging that Kenyans are obsessed with the Prime Minister's position is the height of political prostitution and dishonesty. Where was Chris when Yash Pal Ghai was gathering views of Kenyans? Probably wasting time with the likes of Sam Okello.
Katiba is passing AS IS - hybrid. Unles parliament does something stupid, I am voting YES,and I have news for you Taabu. 70% of Kenyans will vote YES, YES, YES!
"In any case, we have classic examples of Moi, Mobutu, Abacha, and many others."
ReplyDeleteAnd two Abachas, Mois, Mobutu and many others would have been better than one, no? Less "rents captured."
Phil,
ReplyDeleteYou are the one who is lost not Chris! Your worship and devotion to Mr. Odinga is demonic. You need to repent and turn away from human worship before you perish. Man, you are in danger of losing your soul to Mr. Odinga!
Anonymous said...
ReplyDelete"In any case, we have classic examples of Moi, Mobutu, Abacha, and many others."
And two Abachas, Mois, Mobutu and many others would have been better than one, no? Less "rents captured."
1/9/10 7:47 PM
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We leave thee with the following observation:
The economic environment in which people are nourished govern their behaviour and their thoughts.
It then follows that, people's activities, whether artistic, philosophical expressions, religious expressions etc, are FUNDAMENTALLY CONDITIONED by the CLASS POSITIONS they occupy in the economic system.
As an illustration, take two persons from the same constituency called Kibera. Take a guy from Kibera slums (may be Phils) and another guy from the other side called Karen.
Interogate their thoughts, and you will see how their economic nourishement shapes their thoughts differently.
Thus, it seems, perhaps unfortunately, we are seeing this vital question of rent from such distinct perspectives based on our economic nourishment.
This is so because, from a sociological perspective, one can "see" and therefore, understand human behaviour from the actual physical manifestation of a social act, or by analysing the motive behind the social action.
The only reason I would have voted for this constitution was the devovled goverment. Now I can't wait vote against it.
ReplyDeleteBTW Chris can you find out thr recent censors has been stopped. Romours has that Somalis are the third most populous tribe in Kenya is causing sleepless nights to organizers.
Some of the most successful inventions we have were experiments. Kenya is a unique country why cant u let this experiement continue. If it fails - so what - we can always change. But to reject the hybrid system just because it has not been tried is being illiterate. Kenya needs a system of power sharing - we no longer cant trust one tribe with power. Look at what Kenyatta did to Kikuyus and Moi to Kalenjins.
ReplyDeleteSystems never fail-it's people that fail systems
ReplyDeleteChris you ask why this obsession with the PM?
it's only because the people currently occupying those prosterity positions as well as the people supporting them have failed
Remove the 2 principals and their supporters from the equation and there is nothing wrong with the harmonised draft
But for a nation like ours used to tribal politics it is HARD to separate personalities from issues
@1:12 AM
ReplyDeleteKenya is a unique country why cant u let this experiment continue?
I couldn't agree more that Kenya is a unique country, and Kenyans should never allow themselves to be used as political guinea pigs.
Unless, all Kenyan politicians and the Kenyan people get to fully understand the main difference between president as head of state and prime minister as head of government.
Two powerful political bulls can never share a pen, as in a paddock full of cattle in an election season.
It has never happened in Britain, Canada, Australia, America, German, France, Italy, Japan, Israel, Finland, or any where else. So, why experiment with Kenya?
President as HEAD of STATE and Prime Minister as HEAD of GOVERNMENT. TOSHA!
ReplyDeleteThen let's move on to solving more pressing issues as well as eradicating so many self-inflicted misfortunes that have bedeviled the nation for the last forty-five years.
With or without the eagerly awaited CONSTITUTION that will be no more valuable to the ordinary Kenyan than the paper its going to be printed on.
Keep posting stuff like this i really like it
ReplyDelete