Politicians bullying the public into a rushed referendum

Just a few weeks back, President Kenyatta launched another Police reforms programme that appears progressive and comprehensive. An overhaul of the police force was never needed more. Let me illustrate this by way of two recent experiences from Mombasa.
Three weeks ago, a young man died in the cells of one of the city’s police stations. He has not yet been laid to rest because two pathologists who had agreed to do the post mortem were warned over the telephone to go easy on this inquest. Closer to home, the area in which I live has recently witnessed mob justice, vigilante and police killings on such a scale that the environs should be declared a war zone. Yet a visit to the local station proved depressingly disheartening when top cops openly declared that they will continue to kill any young person they find carrying a crude weapon. 

You probably have your own horror story with regards to the police or other state agencies. Everywhere you go, Kenyans are complaining of corruption, theft, wastage, insecurity and the cost of living.

The list is endless and the frustrations tangible. People are desperate for change, real change; not promises, vague glossy futuristic plans. Folks are fed up to the teeth with those distractions as they see the gap between the rich and the rest widen every day.

But just when the public are demanding answers and changes, the politicians want to bring us back to the ballot in the shape of a referendum. The referendum is expected to be the panacea for all our ills. But in reality, it is the great escape clause when confronted by poor governance and corrupt leadership. 

When politicians demand a referendum it is like throwing a bone to dogs to get them fighting and preoccupied. So while the rest of us fight over the bones, the political class chew on the meat and laugh at our stupidity as we once more fall for their tricks.

As we debate about changing the Constitution, we are most likely to forget about the war on corruption, the extravagance in government, the national debt, the unaccounted for Eurobonds and the useless parastatals that are money guzzlers for failed politicians who remain the cronies of the current leadership. The list is endless. 

Put another way, experience has shown us everywhere that you must interrogate every new proposal of the political class with suspicion. Calls for constitutional change are almost always about their desires and ambitions and not the common good. In other words, I can’t think of a single problem that bedevils the nation at this time that needs constitutional change to correct it.

Someone once said that Christianity has not failed, it just hasn’t been tried. The same is true of the Kenyan Constitution, there is nothing inherently wrong with it, it is just that all of us have not played our part in implementing it. 

Just think of what the Bill of Rights says about the right to life, housing, health, education and services. We have constitutional commissions that have the potential to address historical rights and land issues but they are starved of funds and occupied by rent seekers. We hear consistent calls to reduce MPs or to abolish the Senate. The problem is neither devolution nor the numbers in office, it is the theft, wastage, extravagance and failure to be accountable. 

The political class have captured the state and the Constitution, and it is only the courts that offer some solace and hope to the masses. Not only that, politiciansare now attempting to bully us into making changes to the Constitution in a hurry that gives them more powers and that most likely will reduce those of the citizen.

This of course is not to suggest that the 2010 Constitution is perfect and should remain untouched. On the contrary, a decade after its promulgation seems like a reasonable time to do a review.

However, that review must be carried out in a sober, inclusive and participatory manner. What is currently happening is foisted upon us and meant to keep us busy while the looting continues. 

By all means let us debate, let us talk about inequality, corruption, insecurity, poverty and state capture. Talk everywhere with energy and compassion because it is those at the bottom of the pile whose voices must be heard and heeded. If we don’t listen to them we may soon not be talking about devolution but about revolution. 

- [email protected] @GabrielDolan1