Our erstwhile colonial master, the British, has been operating effectively without a written constitution for ages now, yet, history shows that all their former colonies are governed by a written constitution (with all its flaws notwithstanding) yet real changes that do matter to the ordinary Joe in the streets are yet to be met in many of such colonies.
Since the Lancaster conference in the early 60's, Kenya has been operating on a constitution that was not only done in a foreign land, but its crafting and design was made to serve the interests of the colonizer and his cronies. Our forefathers fought hard against this hitherto draconian and unjust system instigated by the white man, but no sooner had we gotten independence, than a few of the leaders who rallied us behind the banner to overthrow this tyranny, they themselves came to realize that actually the laws were actually sweet as long as they serve your interest. And so as a people, we were subjected to another long battle and journey in what came to be famously/infamously known as the second liberation. Unlike the first one, this straggle pitted those at the helm of power against those seeking to change the business-as-usual way of doing things or the status- quo so to speak. And so this led to arrests, unlawful detentions, torture and even murder of those perceived as the enemies of the people.
These struggles went on over the years even after the demise of the founding father Mzee Jommo Kenyatta and peaked under Moi’s presidency. The culmination of which was when the NARC government (composed mainly of an amalgamation of opposition parties) which was perceived to be colored by leaders with a reformist mindset and progressive ideologies, managed to defeat KANU which had stayed at the helm of power for over 3 decades. The icing on the cake was when the NARC government made several attempts to overhaul the entire system and give Kenyans a new constitution that is made by Kenyans and for Kenyans. After several false-starts, this was finally achieved and ratified by President Kibaki in full view of the world in a ceremony at Uhuru Park graced by various dignitaries among them the indicted Sudanese President El Bashir. But the question that begs is; will this constitution deliver a panacea to the myriad of problems that have been bedeviling Kenyans for ages; will it finally lay to rest the dragon that is corruption which has eaten into the fabric of our society; will the ever increasing number of young and fresh graduates spewed out of our universities get employment; Will your life and mine be any better? These and many more are the questions that we should be preoccupied with as Kenyans. The jury is still out there and your guess is as good as mine, but what we have to appreciate as a country is the fact that, change begins with self. No amount of legislation or constitution review attempts will change the lot of the majority of folks who still can’t afford a square meal, yet we still have the same set of monkeys in the forest as it were.
We don’t need some document spelling the do's and don'ts while dictating to us what is right and what is not. After all, the British have been doing just fine without a written law. We need attitude change, not constitutional change. That is what will make a difference ultimately when all is said and done.
