#LindaKatiba will oppose the BBI project to the end

Linda Katiba is a voluntary citizen’s initiative that is determined to resist the government-led move to unconstitutionally cannibalise and overthrow the will of the people encapsulated in the 2010 Constitution. It is a collective movement of Kenyans who believe that our constitution holds great promise for the people and when fully implemented, will bring about the transformative changes envisioned by its framers and the 67 per cent of Kenyans who voted for it. Linda Katiba is therefore an effort to help citizens sift through the falsehoods being peddled by the proponents of BBI and make informed decisions.

The most powerful feature of the 2010 Constitution is that it places citizens (Wanjiku) at the centre of governance, providing them with the tools and power to demand participation, inclusion, accountability, and transparency in governance processes. Where this is not complied with, the Constitution further provides interventions such as the courts and people power.

This shift of power is what has put the political class in a direct collision course with the citizens amidst the recent misguided calls for constitutional reforms by a section of the political class. It is the reason why we must constantly remind ourselves that this constitution was negotiated by Kenyans over a two-decade period with the objective of transforming Kenya by constitutionally overthrowing the old order that represented a parasitic model of government, where the political elite and top civil servants, despite their earning hefty salaries, allowances and facilities (including multiple top-of-range motor vehicles) on the people’s sweat, continuously ignored and failed to prioritise the critical needs of the people.

At its core, the BBI initiative is about defending this untenable parasitic model and that is why it is being led and defended not only by a section of the political elite, but also top civil servants, who by law are prohibited from participating in active politics. This nostalgia for a powerful past is probably the reason why BBI is being forced down our throats through bribery, threats and all manner of intimidation.

It is a life-and-death matter for a sizeable number of the political elite to defend undeserved and unearned privilege, all at the expense of the underprivileged Kenyans whose right of access to critical government services such as health, education, water and sanitation, housing and adequate food as guaranteed by Article 43 of the Constitution has all but been ignored. The right to and provision of these basic needs is among key reasons why protecting the tenets of the 2010 Constitution matters.

Aware that Kenyans holds devolution dear, the political elite are using the promises of more money to the counties, a whopping 35 per cent up from the current 15 per cent, as the bait to lure citizens to support the BBI project. This promise is coming from an administration that has for the last nine years been reluctant to disburse in a timely manner the 15 per cent, which is the minimum provided by the Constitution.

Given that the Constitution does not set a ceiling for the maximum, the national government may allocate more to the counties. Nothing stops the current administration and the BBI brothers, who jointly wield a majority in Parliament, from implementing the move in the coming June budget. There cannot be a better way for the BBI brothers to demonstrate good faith than to allocate the 35 per cent in this last year of Uhuru’s presidency. I suspect that this administration will not actualise this promise because they know it is mission impossible in the prevailing economic situation.

Our country is reeling under a debt that we are having difficulties servicing, forcing the government to seek a six-month moratorium from its creditors. Much of our revenue is going towards the debt, leaving us with little or no money for development and recurrent expenditure, including salaries. It is in this context that the BBI proponents are saying we should prioritise the expansion of Parliament and the Executive over our health needs, our livelihoods and our children’s education.

Even in the face of the Covid-19 pandemic, the BBI project prioritises political deal-making over the lives of Kenyans. The government is telling us that it will take us up to three years for only 30 per cent of the population to access Covid-19 vaccines.

We are not helpless. We need to make our voices count. We must rise up and tell the BBI brothers that our lives and needs matter and must be prioritised over all else.

From where I stand, the BBI project is a return to autocratic rule, to an imperial president who is not accountable to Parliament. It is a gateway to a bloated Parliament and an expanded Executive. It is a return to political intolerance spearheaded by the State. We are back to labelling people with divergent opinion as ‘enemies of State’. Tear-gassing of perceived opponents of BBI is now the preferred weapon of the State.

The political environment is toxic and does not favour rational discussion of the BBI project by citizens. Additionally, the Jubilee administration is divided down the middle, with divisions even in the presidency. It is time to tell the BBI brothers, “prophet heal thyself”. Let them heal the divisions within their ranks which are threatening to burn the country. Let the BBI project cease fomenting intolerance.

The BBI project, dubbed by its promoters as a people’s initiative, has illegally spent and continues to spend the scarce tax payers' money. No disclosures are made on what has so far been spent and how much more is expected to be splashed in these times of scarcity and looming food crisis. MCAs country-wide, without any or adequate public participation, have given a nod to the BBI project following car grants as quid pro quo. The public has so far not been supplied with copies of the proposed constitutional amendments.

As citizens, we must not give up. It is time for Kenyans of goodwill to reclaim their voices individually and collectively and speak truth to power. We must refuse to be intimidated or silenced in the knowledge that the political elite and senior civil servants are less than 4,000 while the Kenyan voters waiting to be informed/persuaded are over 20 million. All we need is the courage of our conviction to galvanise the country through word of mouth to say no to enslavement through the BBI project.

Let us be reminded that the independence constitution was eroded bit by bit till it became unrecognisable, thus necessitating a fresh start. We should be wary of opening the door to a similar cannibalisation of our constitution even before we have implemented it.  

To President Kenyatta, you have time to stop this. Do not let your legacy be the president who destroyed democratic gains. Live up to your oath of office to uphold and defend the Constitution.

This is what is at the heart of the Linda Katiba resistance -- defending the Constitution. It matters because it is easier to defend the democratic gains than losing and attempting to reclaim them later with no guarantee that it will be possible. A bird in hand is worth two in the bush. Let us all join hands to Linda Katiba.

-Ms Karua is a former Justice minister and Narc Kenya Party leader