Constitutional Review in Kenya - Citizens to lose voting rights..

By: Gwada Ogot

[ Posted On: 2010-01-12 ]

The current proposal to alter structure of government in Kenya from a presidential to a parliamentary system reeks of political mischief.

Today Kenya is forty six years old and by 2012 power will have been shared twenty four years a piece between two Kikuyu presidents and one from the Kalenjin group.

Moreover, it is rare for nations to change systems of government. Afghanistan, Lebanon and Iraq have in the recent past attempted resolution of historical conflict in this manner. All three still endure perpetual conflict over the same old reasons.

Iraq adopted the parliamentary system post the Saddam Hussein era as a constitutional course to resolve centuries of politico-religious conflict between the dominant Shiite and the minority Sunni.

In 1989, Lebanon crafted an unsigned National Reconciliation Accord, similar to the one signed in Kenya – 2008, a cease fire pact to end decades of civil war between Sunni Muslims and the Christian Maronites.

Afghanistan too opted for a parliamentary system to rein in Pashtun domination over the Tajik and other minority groups which had resulted in perpetual conflict since the British were driven out in the 19th century.

Nothing but the law changed- same mind sets, same applications, same results.

Kenya is only forty six years old. More so, the current political impasse is artificial and derives from immediate political calculations rather than historical inter ethnic strife.

Even today with a Grand Coalition Government, governance in Kenya has actually deteriorated with increased levels of Human Rights abuses, impunity, official corruption and nepotism.

Lebanon, Afghanistan and Iraq likewise only adopted the parliamentary system as an attempted constitutional compromise between apparently irreconcilable sides scarred by generations of armed conflict against each other.

For compromise, parliamentary systems often reflect two competing credos. For example, Constitutional monarchies such as the United Kingdom, Malaysia and Japan are products of compromise between defeated traditional monarchies and modern democratic forces.

In Kenya today, there exists little clarity on the exact configuration of interests being negotiated within the status quo coalition.

In Iraq, Shiites make up 65% of the population compared to 35% by Sunnis. In Lebanon, the Muslim majority make up 59% of the population against 40% of dominant Christian minority. The Pashtun form 41% of the population in Afghanistan with the Tajik group next at 29%.

In Kenya, the majority Kikuyu group form only 22% of the total population which pales in comparison to the insurmountable percentages in Afghanistan, Lebanon and Iraq. The photo finish in the Kenya 2007 general elections clearly validates this point.

In the cases of Iraq, Lebanon and Afghanistan, the population disparities are not just decisively wide but are marked by long histories of unbreakable domination and conflict.

Presently, about ninety five of about 180 nations of the world are presidential republics with an elected executive president. It is the worlds’ most popular form of government.

Of these thirty nine utilize the full presidential system such as those found in the United States of America, Ghana, Brazil and the Philippines. In many ways, these are model democracies.

Seventeen nations of the world are presidential systems with a prime minister serving under the president. Examples include Tanzania, Uganda, Guinea Bissau, Peru and Central African Republic.

The semi presidential system as is practised in Kenya today is also found in thirty six other countries. In reality, a directly elected president holds executive power but a part are performed by the prime minister such as in Zimbabwe, Haiti, Romania and Russia.

Only thirty five nations world wide still retain a ceremonial Head of State and a premier with executive powers. Most are constitutional monarchies and include Sweden, Spain, the United Kingdom, Cambodia and Lesotho.

In addition, absolute monarchies in which monarchs wield executive power are hardly a dozen. Countries like Brunei, Saudi Arabia, Tonga, Swaziland, Bahrain, Bhutan and Jordan have retained this model for years.

Currently in Kenya, citizens vote directly on a three tier presidential-parliamentary and civic slate. The proposed new system will however limit citizens to a two tier parliamentary-civic schedule exclusively.

Simply put, citizens will lose the right to directly vote in their national leader but are instead to surrender this inalienable right to a discredited parliament- does this devolve or usurp citizens’ power?

If adopted, the youth too will in a single stroke instantly lose the power of their numerical strength.

For God and my country

Article Source: http://www.afroarticles.com/article-dashboard

About The Author: Gwada Ogot is one of Kenya's foremost political analysts. Based in Nairobi, Kenya -- Gwada is a proponent of regime change & a vehement anti-dynasty advocate whose interests, he believes, fans corruption in Kenya. Presently, he sits on the board of Kenya's premier democratic institute - the centre for multi party democracy. He is married & a proud father of four. Personal Blog: wanwanwan.blog.com/

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