THE CRITICAL WEAKNESS OF THE HARMONISED DRAFT CONSTITUTION

Fellow Kenyans,

NOPE message to current leadership is plain and very clear. Nothing and nobody will stop Kenyans from acquiring a new constitution.

With the release of the new harmonized draft constitution, a lot of political groupings and alliances are taking shapes and positions. Any alliance whose purpose is not of the intention of Kenya getting a new constitution is senseless and useless. It must be defeated.

Experts, like Collins Powell once said, possess more data than judgment. To think that Committee of Experts (C.o.E) can be the architects of Kenyans future is not only naïve but preposterous. The serious omissions and inclusions in the harmonized draft constitution confirm this reasoning.

Chapter 7 on Land, Chapter 10 on the Representation of the people, Chapter 11 on Legislature, Chapter 12 on the Executive, Chapter 13 on Judicial and Legal System and Chapter 14 of the Devolved Government represents what has been wrong with the constitution since independence. These chapters also represent the aspects that must be fixed comprehensively, amicably and decisively for the well being of Kenya today, tomorrow and forever. We must get these aspects right.

The more contentious issues there in the harmonized constitution, the higher the chances of scuttling the constitution making process. We must not loose this opportunity.

The Executive Chapter in harmonized draft constitution puts the future of Kenya in a quagmire like the one being experienced today in the Grand Coalition Government. Many practical examples of stalemates resulting from two centers of power are very much alive. Stalemate in the selection of leader of the government in parliament is a classic example to mention but a few.

Kenyans aspire to be led by a leader who derives the authority directly from them.It does not matter the baptisam name. Whether President, Prime Minister, Chancelor or 1st Minister. It makes it non-sense for one to move around the country campaigning for presidency only to become a cabbage president.

To subject an electorate to a big election aimed at only getting disciplined forces their commander is preposterous pure and simple.

The President appoints ambassadors and high commissioners with approval of the parliament. These ambassadors are supposed to be answerable to the Minister of Foreign Affairs in government headed by the Prime Minister. This is complete non-sense.

The Prime Minister or the civil service boss can select and propose for appointments of the Ambassadors and high commissioners to the leadership…if anything, how many embassies does the country have? Kenya is not a rich country to afford and maintain a cabbage presidency. Lets have a prime minister or a president that will lead this country, but with our direct mandate.

On the Executive the president is the Commander in Chief. The financing of military operations element is directly controlled by the Prime Ministers Office and the Parliament, depending on the quality of Mps in the house, what would happen if the government decides deliberately to starve the military money? A Prime Minister running the government and does not even control the police forces makes the whole proposal silly.

The President recommends appointment of a Prime Minister to the Parliament. The Prime Minister according to the Harmonises Draft Constitution does not necessarily come from the largest party or coalition in the parliament. The President can recommend a Prime Minister from the second largest coalition. The Parliament also can come up with one of their own to become the Prime Minister. What are we talking about?

Independence of judiciary must come with independence of judiciary financing. This does not come out clearly in the harmonized draft constitution. An independent judiciary also must be given indictment powers. Failure to give the indictment powers clearly leads to a situation where judiciary must wait for the police or other independent sources to take cases to the courts. This is not what the country is craving for.

On Kadhi courts, the concept of protectorate and/or former protectorate is a non sense and cowardly concept. It shall only serve in wedging rifts and differences between our Muslim brothers and sisters. Let it be made clear from the onset, whether within and/or without the protectorate/former protectorate Muslims must be treated equally with equal chance of accessing justice.

Kenyans fought for independence principally because of land. Kenyan land was given to Kenyans by God. Kenyan land belongs to all Kenyans not just few fat pigs. A constitution that does not recognize this is no better that a used tissue paper. Harmonized draft constitution does not address the land ownership issue, specifically on the minimum and maximum acreage one can own. It simply does not belong. Kenya as a country is big enough to accommodate every Kenyan. We need a clear law to facilitate equitable land ownership.

The harmonized draft completely kills the official opposition. There is no stipulated limit and boundary between the MPs in government and the MPs in opposition parliament. The danger of giving MPs capacity to form government at will jeopardize the whole concept of the official opposition, a critical component in any democracy. This ultimately has a negative effect in checks and balances to the Executive.

The harmonized draft constitution is ambiguous and literally says nothing about dealing with and ending corruption and impunity, two single most vices that are wrecking havoc to the country.

The draft is full of statements with no inbuilt retribution systems and safeguards. In so many clauses the wording and statements are what should be done. The draft must be very clear on re-course if what should be forbidden is not done.

Harmonized draft constitution proposes more than 70 legislations to be passed to make the Constitution fully operational. Besides, very many existing laws shall be null and void due to inconsistencies with the constitution. They must be amended or scrapped all together. If the current pace of the parliament to go by, it may take up to 10 years before the harmonization of the laws is completed. The draft says nothing regarding this potential legal quagmire.

The draft says nothing on the commercialization of regional, national and party politics. Most of the leaders in political offices in Kenya today are there because of their financial might. Genuine leaders are left out because there is no law to chart the limits of use of finances in political operations towards the acquisition of political offices. Checks and balances on this aspect must be in the constitution to protect the quality of our democracy.

A constitutional must be safeguarded from amendments. Executive and parliament given an opportunity can rape and mutilate a constitution to fit their agenda. Harmonized draft does not come out clearly on the insulation of the constitution from abuse.

Nothing will stop Kenyans for fighting for a just constitution. A constitution that offers a solution for all that is wrong with Kenya yesterday, today and tomorrow. This harmonized draft is a cowardly draft meant to pacify and entice all groupings and their leadership all over the country. As it is, this harmonized constitution is a constitution of darkness and death. An overhaul and a fresh re-think of chapters highlighted above is mandatory.

NOPE blatantly refuse to believe that it was not Gods plan for Kenyans to suffer the way they are suffering today. In truth a new constitution will not only be a victory but a new dawn for Kenya. We need a new constitution not just for the sake of it, but because we must do away with the status quo: corruption, oppression, imperialism, tribalism, poverty, insecurity and impunity. The current political order represents all that is wrong with this country.

The future of Kenya belongs to the Kenyan youth. Thus the Kenyan youth must wake up and lead in the struggle to fight for their country from the biggest enemies of our time country namely, the current constitution and the existing political order. This is a sacred war and must be won. Those who are not going to join in this war to emancipate Kenya do not deserve to live.

NOPE believes that, not only we must change the constitution. We must also change the people that ruthlessly and heartlessly operated in current constitution. These are political faces of all that is wrong with and about Kenya. They must never be rewarded.

The constitutional debate must be made simple for all to take part in the debate. Kenyans must learn from the past failures. We must realise the kind of leadership that shall take Kenyans to democratic and economic utopia.

A new constitution in Kenya is a dream that has been in minds of many Kenyans for a long time. A dream doesn’t just happen. It just won’t happen. Hard work, sweat, determination, resolve and if needs be blood shall give the country a constitution it deserves. It is going to be easier to for a camel to pass through the eye of a needle that Kenya having a new constitution. I am urging the Kenyan youth not to expect a miracle.

New Order Party of Kenya (NOPE) believes that resolve for the Kenyans to get a new constitution is absolute and final. NOPE has a duty to fight for fairness, justice and truth to ensure that Kenyans are not cheated. Kenya shall have a new constitution because Kenyans want a new constitution, because the country needs a constitution and because God want Kenya to have a constitution.

NOPE believes that the youth and progressive forces of this country have all it takes to conclude this constitutional debate. This we must because God says that this is our time. With the goodwill and the moral courage of Kenyans, We shall have a constitution.

Kenya belongs to all Kenyans.

God Bless Kenya

Lawrence Kamau Macharia

LETS US EAT AND LET HAWKERS EAT TOO

Fellow Kenyans,

Hawkers form a very significant and social-economically group in all major Kenyan towns. Elites and commoners view hawkers from very different perspectives. Some see them as an eyesore and nuisance primates, while other view them as a critical group that helps solve their shopping problems especially during these tough economic times.

The hawkers issue has been thorny in Kenya in recent times. It has been a real problem. Tackling it has been complicated and painful and at times destructive. Kenyans have seen demonstrations, relocations, fracas and both loses of lives and property as result of confrontations between hawkers and both municipality and regular security officers.

The issue is still alive and unresolved. No tangible policies and mechanisms that are beneficial to the Central Government, Local Authorities, Community and the Hawkers have ever been adopted in independent Kenya.

New Order Party of Kenya (NOPE) believes that Hawking Question must be addressed if Kenya has to achieve meaningful economic growth, political stability and general security in urban areas.

Despite the negative perception, hawking has a significant contribution in alleviating poverty. It creates employment. It gives consumers convenience of buying good and services at convenient locations. Hawking is an attraction to both foreign and domestic tourists. Hawking reduces insecurity by opening up streets that would have otherwise been isolated especially at nights. Hawking protects encroachments and misuses of vacant spaces. Hawking provides income earning opportunities for the elderly and disabled. The list is endless.

Through well crafted and practical policies, this huge hawking potential can be tapped and translated to gains for the society in terms of orderliness, incomes to both the individuals and taxes to the local authorities and government.

NOPE believes that the government must come up with a Hawkers commission that shall be legally mandated to handle Hawkers affairs. This commission shall comprise members from the Stakeholders involved in hawking activities. The commission should come with proposals aimed at making the hawking activities proliferate with discipline, eliminating any possibility of disharmony and confrontations. Such proposal that the commission must come up with includes the following:

Registration of Hawkers

Registration shall be aimed at making hawking a legitimate practice that comes with individual hawkers’ responsibility. It shall show the hawking carrying capacity of a particular area and this would help in decision making.

It shall also enable the government and local authorities to plan and to execute their policies with regards to taxations. It also shall enable the hawking fraternity to organize themselves in a proper manner with regards to airing of their grievances and accessing finances either from, Government Agencies, Non Governmental agencies or Micro Finance Institutions.

Code of Conduct of Hawkers

The commission shall come up with a strict code of conduct that shall govern the operations of the hawking business. This code shall clearly stipulate the basic minimum for one to be accepted as a hawker and the penalty for not adhering to the stipulated laws.

This code shall include among other things, identification badges, cleanliness, time for doing business, allowed and prohibited wares, noise factor, distance from the shops, pedestrian paths and the roads among others. This code shall guide the issuance and withdrawal of licenses to and from the hawkers respectively

Licenses

The commission shall push for recognition of hawking as a legitimate business. This shall call for the provisions and guidelines for the provisions of licenses to the hawkers. The commission shall also clearly stipulate the procedure of the license acquisition, eligibility for licensing and conditions of licensing.

Licensing criteria such as eligibility (domicile), conditions (type of goods), and preferences (disabled, women above 50, men above 60), and recommendations from nearby residents (for ‘temporary’ areas) shall be included. Others licences like Festival and other daily licences options shall be also factored in.

Demarcation of the town and cities

The demarcation aspect shall clearly show the hawking zones, zones where hawking is strictly prohibited, zones temporary demarcated for hawking and the rest of the towns/cities.

The commission shall also come up with selection criteria for a non-hawking zone, regulations within a no-hawking zone, list of no-hawking zones. These demarcations aspects shall also come up with special mechanism for controlling other forms of hawking such as Roving Hawkers and Mobile Hawkers.

Long Term Planning

The commission shall also be mandated to come up with long terms schemes for hawkers operations. The commission shall also come up with measures of establishing other hawking areas like Hawking Bazaars, Daily and Weekly Markets or Plazas and integration of hawkers to main stream businesses

Hawking success is a win-win situation for all Kenyans.

NOPE believes that a just government that protects the interests of big business can and must also protect the businesses of the less fortunate members of the society. Hawkers’ quest for recognition is not a favour, nor is it a privilege: or if it then it must not be exaggerated. The government and big business must eat and let others eat too.

Kenya belongs to all Kenyans.

God Bless Kenya

Lawrence Kamau Macharia

COTU LEADERSHIP IS PART OF WHAT AILS KENYA

Fellow Kenyans,

Kenyans workers are some of the exploited work forces in the world. World over trade unions are known to fights for good working conditions for their members. However, in Kenya trade unions are perceived by the majority as the tool used by the ruling elites and business class to muzzle and exploit the commoners.

The employers and the government deal with workers with a lot of impunity. The working conditions of majority of the Kenyans are deplorable. This is despite the fact that there exist in the country trade unions, under the Umbrella of COTU (Central Organisation of Trade Unions) and trade unionist. Trade unions cardinal objective is to represent employees’ interest to the employers.

Democratic governance demands that trade unions must be involved in the building of social movements and developing of social changes. Thus a functioning trade union movement can thus be as an indicator of democracy and standards of human rights in any country.

In pre-independent and immediate post independent Kenya, trade unions played a very significant role in the liberation of the country and articulating for the workers plight. But as time went on, they lost their glamour, respect and wit. Today they represent a feeble, disrespected body with no clear policies towards achieving the COTU vision of developing a work force that enjoys a sustainable decent work environment and the COTU mission of promoting the creation of productive and sustainable employment opportunities, facilitate achievement of workers’ rights, enhance social protection and provide effective representation to Kenyan workers.

Globalization, revolution in production technologies and new management styles represent some of the key major challenges that trade unionists must overcome in order to remain competitive in Kenya. This calls for revitalization of COTU. The current leadership does not seem to have the answers. COTU as constituted today cannot hack a digital password with a machete. A code is required.

So many Kenyans have lost their body parts through injuries at work, some have been crippled for life and many more are dead. Towards addressing these issues, trade unions have blatantly refused to show leadership.

Protection of Kenyans from local and foreign investors is at best non-existent. Shipping Industry, Mining Industry, Manufacturing Industries, Private Security Companies, Export Processing Zones (EPZ) and Container Freight Services (CFS‘s) are typical examples. COTU has blatantly refused to take leadership.

Improvement of the economic and social conditions of all workers are what Kenyans workers are yearning for. This can only be achieved through democratic governance. Towards pushing for this democratic governance; COTU has been weak and toothless. Fighting for Agenda Item 4 to be acted upon by COTU is suspect. It is not what Kenyan expects of COTU leadership.

COTU is as guilty in the eyes of Kenyan as are Kenyatta, Moi and Kibaki Administrations. COTU is part of what ails Kenya today. Revitalization and resurgence of this vital organisation is paramount as Kenyan workforce need for trade unions can never be replaced.

New Order Party of Kenya (NOPE) salutes the COTU leadership for their service to the nation. We respect them so much that we are telling them that this is their time to go home. NOPE believes that economic freedom will come to Kenya through the Kenyan workforce. This shall be practical only when the rights and privileges of the workers are safeguarded.

The sad truth however, is that majority of Kenyan workforce are skeptical about the role of current trade unions in protecting their rights. Kenya needs a union the can tame, the voracious Black Europeans, White Europeans, Arabs, Indians and some lately some Chinese who believe that Kenya belongs to them.

To end the culture of exploitation of Kenyans by Kenyans and Kenyans by the foreigners in Kenya, CURRENT COTU LEADERSHIP MUST GO HOME. .

Kenya belongs to all Kenyans.

God Bless Kenya

Lawrence Kamau Macharia

THE MUSLIM QUESTION IN KENYA

Fellow Kenyans,

Kenya is by law a secular state. The question of separation of the religion and government has largely been ignored for a very long time and it is only now that there is a constitutional making issue that voices are being raised and temperature flaring about this tricky, thorny and critical issue.

The naked truth is that, religion in Kenya plays a big role in governance as they are organized governments. Other than the usual political positions taking by the churches and Muslim bodies, today we have influential Bishops and Sheikhs serving Government as Ministers and Members of Parliament.

It is normal today to see individual spirituality being an increasingly important element of leadership in every domain. We have seen religion organizing their followers to take a united stance for the common good of the community.

Christians and Muslims form the significant proportion of the national population. Both faith profess and teach love of God, unity in God and love for thy Neighbour. No matter the numbers or geography, mutual respect and harmonious coexistence of political systems and ideas, but not necessarily culture between the two religions shall form the platform for a peaceful and prosperous country.

Both Christians and Muslims have their legitimate grievances especially in the process of constitutional making. Unfortunately these grievances are rapidly degenerating to conflict situations leading to certain religious leaders taking extreme positions. Under stress, religious leaders are known to react by reducing their own beliefs and forming tight knit religious entities to protect their interests.

The role of religion in Kenya must not be to divide the country. Any person elected in whatever capacity in Kenya or any Government must be allowed to lead without allowing convictions take over them. It is common sense that just likes any public policy; the constitution must not be made out of religious convictions. Reasons other than religious reasons must be allowed to have the ultimate say for the public good in constitution making.

Muslim community in Kenya represents an equally significant constituency in Kenya. The representation in the Governance and government institutions is by far below par. To ask for policies to be adopted to allow proportionate representation is a legitimate demand. This is fact.

Internally displaced persons of Muslims faith (Bajunis) that were displaced by the Shifta Wars are still IDPs, more than three decades later. Massive land grabbing at the Kenyan coastal strip by wealthy and powerful individuals from the indigenous who are dominantly Muslim is a daily reality. Absentee landlords amongst other land related issues are some of the legitimate concerns of Muslims.

Hajj is one of the Pillars of Islamic faith. World over Hajj pilgrimage is taken very seriously. Unlike other countries, Kenyan going for Hajj festivities are least assisted by the government in planning, logistics and welfare. If other secular governments assist their citizens for Hajj, would anybody blame Muslims for voicing their displeasure?

Wakf Commission was established under the Act of Parliament. Empowering of the Commission is necessary for normal operations.

Formation of a central body to cater for specific muslim needs is paramount. Lack of proper organisation andlegislation leaves Muslims with no proper forum to express and address their grievances leaving them at the mercy of politicians. Polarizations, divisions and rivalry between and among the leaders compromises any hopes of leadership in articulating Muslim woes. This is a legitimate concern.

De-registrations of Muslim NGOs have left many Muslim madrassas unable to operate. This has largely been explained so due to the threat on terror. Most Muslim areas are marginalized area and due to poverty, draught and underdevelopment, Muslim parents cannot afford to pay for the madrassas fee. The government has a very able machinery to screen NGO’s and their source of money. In every flock, there must be a black sheep. Because of a few individuals, the entire community must not be made to suffer. To voice the concern about the NGO’s deregistration is a legitimate issue for the entire Muslim Community. This is a fact.

The other messy issues touching the community include underdevelopment of Muslim areas, poor education infrastructure, lack of adequate bursaries and scholarships, Drugs Abuse, making Idd ul Hajj and Idd ul Fitr public holidays among others. The community is bound to feel marginalized with all these real afflictions.

The Kadhi Courts and Muslim Wakils issues also affect Muslim community. The debate rages on whether Kadhi Courts should or should not be included in the constitution. Opposing sides have their legitimate points but it is worthy noting that these courts have been operational since the days of Sultanate.

The jurisdiction of the Kadhi Courts is very limited and well stipulated in the Kenya Judiciary Website (www.judiciary.go.ke) and only covers determination of questions of Muslim Law relating to personal status, marriage, divorce or inheritance in proceedings in which all parties are Muslims.

New Order Party of Kenya (NOPE) believes that the arguments on Kadhi Courts’ should be guided by reason beyond religious convictions so that all Kenyans can join in, share and contribute to in the debate. Extreme religious positions of placing the religious justifications are not helpful and only serve to hurt the process.

We are in Kenya because God wanted us in Kenya.

Kenya belongs to all Kenyans.

God Bless Kenya

Lawrence Kamau Macharia

MOVING FORWARD TO FIND ANSWERS TO DIFFICULT QUESTIONS

 

Fellow Kenyans,

Kenya is a very beautiful country endowed with vast resources, diverse and beautiful culture and heritage; smart, talented, dedicated and a loving people.

It has been 45 years since our country became free. Independence to Kenyans meant more than just freedom. It meant economic and democratic prosperity also. Innocent, peaceful and loving Kenyans placed their hopes and aspirations on the hands of the then leadership. They were let down.

Looking at the massive challenges facing the country today in relation to those at our independence; one is only left to wonder where the rain started beating us as a country. Previous and current regimes have condemned majority of Kenyans into bondage of poverty resulting from exploitation of man by man, Kenyan by Kenyans for that matter.

Grand-white-collar corruption has continued unabated since independence and as a result, Kenyan economy is on its knees. No one seems to have any answers to this grand monster.

Insecurity and the news of death from thugs, rustlers, vigilantes, and security forces is the order of day whether one lives in rural or urban Kenya.

Food insecurity is today an accepted face of Kenya. No meaningful policies are in place to alleviate this situation. Core agricultural sectors are not performing.

Unemployment is the biggest employer in Kenya today. The economy does not have the capacity to create jobs and no meaningful economic reform policies are in place to assure revitalization of the economy and job creation.

Public Educational sector is in a fix. No serious reform measures are in place to revive the sector to assure continued public confidence and future prosperity.

Public Health sector is in sorry state. No meaningful Public Health care reforms are in the offing.

Public infrastructures and utilities are either dilapidated, in a sorry state of repair or left to rot despite the much hyped-CDF devolved kitty. No body seems to care as long as their kinsmen are beneficiaries of these funds

Political, constitutional, electoral and legal reforms are not taking shape as expected. The pace is wanting and the commitment on the part of leadership is either missing or insincere.

Environmental degradation has been rife and the effects of draughts, lack of drinking water, drying hydro power dams are there for all to see.

The blot of the 2007 post election violence lingers in all Kenyans minds. No guarantees are in place that that dark period shall never recur again. The current regimes don’t seem to be bothered.

Other messes caused by the current and the previous regimes including land grabbing, political murders, deprivation of basic rights and freedoms and other known specific economic crimes still haunt all Kenyans in one way or the other.

This national situation as it is not sustainable. A decisive ammunition must be devised to deflate the status quo. Kenya must be set free from the enemies of the Kenya. The road is going to be rough and bumpy but with a resolve we shall see the Promised Land.

Kenya’s problems are bigger than any individual and calls for more than mere replacing of the current leadership.

Whining shall not take the country anywhere. Decisive action shall to change the course of our country. A drastic action based on solid values, ideals and moral principles that can stand the test of time. Our values must form the vision of our future as a country.

Kenya needs a strong, concrete and practical leadership that is ready to craft and decisively implement new plans and policies for long-term economic and social development. A leadership with the capacity to make decisions that affects lives, health, welfare, destiny and reputations of millions of Kenya without fear or favour.

A leadership that acknowledges and appreciates that there can never is justice in Kenya without political equality, honest courts and responsible leadership.

New Order Party of Kenya shall do everything possible to make sure that Kenya is not only a prosperous nation, but also a fairer and a safer place for all Kenyans.

We are in Kenya because God wanted us in Kenya. Kenya belongs to all Kenyans.

God Bless Kenya

Lawrence Kamau Macharia

MPS’ ARE THE GREATEST ENEMY OF KENYA

MPS’ ARE THE GREATEST ENEMY OF KENYA

Fellow Kenyans,

Nope appeals to all Kenyans from all walks of life to realize that just sitting there praying, hoping and wishing that Kenya can be better wont take the country forward. It hasn’t worked for the last 45 years. It will not work today. Time to lament about everything that is wrong with our beloved country is just but over.

Parliament since independent has been a symbol of national oppression in Kenya. The 10th parliament has been but a disaster. It has proved to be the greatest and the most lethal enemy of Kenyans’ today. This can be changed, can be changed now and the time to act is now. Being the supreme authority in making the laws, this parliament has miserably failed in its obligations. Kenyans sent those men and women to that house primarily to make laws. Today the parliament has deliberately refused to provide leadership in every front that directly afflicts Kenyans.

Key ones being:
- Draught and Food security
- Youth unemployment
- Crime and general security
- Justice on perpetrators of post election violence
- Truth Justice and Reconciliation Commission
- Environmental protection (Mau complex issue)
- Legal, Electoral, Constitutional and Political reforms
- Fight against corruption (KACC)
- Implementation of Agenda Item no 4 (Land reforms & Historical Injustices)
- CDF utilizations
- Fight against impunity ……………the list is endless

Parliament’s agenda must be made Kenyan agenda. This calls first for urgently sending all the current MPs’ packing in the shortest possible time. Kenya must be for the Kenyans masses. A genuine change in every aspects of governance is now what Kenyans aspire for. Time for that change is now.

It must be understood by all sane Kenyans that Kenya belongs to all Kenyans. Those foolishly riding on backs of Kenyan poor, thriving on Kenyans sweat and dangerously sucking their blood must now be made aware that Kenya belongs to all Kenyans and that the writing is on the wall.We must take charge of our destiny as Kenyans. This is our time. This is our moment.God Bless Kenya.Lawrence Kamau MachariaChairman, NOPE

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