Just Say NO.

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1.0. Katiba Championship Bout: Round 11 Goes to...

This just in:

A court in Nairobi earlier today (Thursday, August 25, 2005) declined to throw out the LDP-KANU court challenge to the Wako-Kiraitu-Kibaki-NAK constitutional con trick. By a stroke of the same pen, they barred lawyer

James Orengo from representing LDP using the laughable excuse that he had been "retained" earlier on by the CKRC. This was a day marked with hijinks and histrionics puncutuated at one stage by a melodramatic walk out by KANU's flamboyant and dapper lawyer-MP, Mutula Kalonzo. The tepid kijisababu bila miguu wala mikono given by the pro-NAK faction in CKRC to carp about Orengo- ati he toboad the siris of the CKRC are so silly when you consider the fact that over here in Montreal, we got hold of the same documents and placed them on our website about TWO CENTURIES AGO (and yes, Kenya Times, we DO NOT MIND the fact that you swiped the analysis of the Kilifi Draft off our Leta Siasa blogsite to reproduce it in your paper, in fact we hope you raid us even more ferociously in the future). To some of us, the blocking of

Orengo from the constitutional legal suit smacks and reeks of pandering to an anxious and insecure neo-colonial power elite who were scared SHITLESS by the symbolic show of unity of Orengo representing a political party that practically buried him at the polls the last time out. It is also a back-handed compliment to the clout of Raila Odinga and his deft skills at winning over former political foes (can you say JJ Kamotho, Uhuru Kenyatta and James Orengo?) More than that, this tawdry attempt to gag Orengo will NOT obscure the defacto national democratic alliance that I spoke of in a recent essay. If anything, what the court ruling is guaranteed to do is to open a fresh front featuring a reinvigorated and thoroughly infuriated

Orengo leading an extra-parliamentary and extrajudicial charge. Who knows if this will lead to a reincarnation of Mageuzi in one form or another? Talking about releasing the djinni

from the chupa...

By the way, our ahsantes to Esther King'ori of the Kenya Broadcasting Corporation for this important update..

In the first of many asides, let me tell you about a Kenyan journalist living in Botswana-Wene Owino- has piece posted on a Sudanese website about the succession politics in his pays natal where he name checks Salva Kirr Mayardit, alongside, believe it or not, Stalin, Mkapa, Moi and Mogae as people who came from obscurity to seize the ultimate political mantle away from more fancied names. Owino suggests that the next Kenyan president could be- "...Mukhisa Kituyi, James Orengo, Anyang Nyong’o, Moody Awori, Musalia Mudavadi, Simeon Nyachae or even George Saitoti. "

Hmmm.

Head scratch.

2.0. Let us Remember Father Kaiser:

Incidentally, before we say anything further, let us pause in a moment of reflection because today is the fifth anniversary of a very somber occasion in the history of the Kenya social justice and human rights community.

Exactly five years and two days ago,



Father John Kaiser died, but not before uttering the following words:

"I want all to know that if I disappear from the scene, because the bush is vast and hyenas many, that I am not planning any accident, nor, God forbid, any self destruction. Instead, I trust in a good guardian angel and in the action of grace."

Thanks to people like Paul Muite, the truth about his true killers is FINALLY becoming part of the record after being in the public domain from the very outset.


3.0. Kara Eri K.A.R.A.:Introducing The Online Voice of the Nairobi-based Kenyan Comprador/Petit Bourgeoisie....

I happen to be on this humungous Kenyan-based mailing list that includes individuals and organizations such as Release Political Prisoners, NCEC, The Cradle, KHRC, People Against Torture, Peacenet Kenya, NGO Council of Kenya, Mazingira Institute, The National Standing Committee on Human Rights, Kenya Land Alliance, Kabete Rights, SODNET, KENDREN, Clarion, Coalition on Violence Against Women in Kenya, CRECO, Chem Chemi Ya Ukweli, CGD, Abantu for Development, FEMNET, Trocaire, Njenga Gikanga, Paddy Onyango, Amnesty Kenya, ANPPCAN, Ling Kituyi, Mirugi Kariuki, Mulika, MS Kenya, Ogiek, Public Law Institute, Young Muslim Association, Maina wa Kinyatti, Father Gabriel Dolan, Shiraz Durrani, Zahid Rajani, Miguna Miguna, Kepta Ombati, Ford Foundation and many other Kenyan civil society actors, change agents and incubators. I mention all these because most of these names require no further footnotes or googling, having being part of the Kenyan reform "scene" for years if not decades.

That is why I literally jumped eight foot high in stupefied surprise when I got an email from the hitherto unheard of


Kenya Association of Resident Associations. Who were these guys and WHY were they talking to me is what I wanted to know. I soon recuperated from my incipient political paranoia, closed one pair of jaundiced eyes and threw my mind wide open to give myself a chance to make their virtual acquiantance.

The first thing I have to say to K.A.R.A: Hey kara bende un kod (Dholuo for" So you do have some") some interesting stuff on your site.

For instance, here is K.A.R.A. bigging up several Kenyan women who have all been nominated for this year's Nobel Peace Prize. To the non-Kenyans reading this: we have more from where Prof. Wangari Maathai came from, ala!

Anywayz. Without, as the hackneyed expression goes, further "I don't':

Tecla Wanjala, a 43-year-old mother of four, has dedicated her work to peace building. The trained social worker holds a master’s degree in conflict resolution. She started working with refugees in 1991 and later with internally displaced persons in her home district in Western Kenya. She initiated reconciliation meetings between opposing ethnic groups. Today, she works on peace building and post-conflict reconstruction from community to national level.

Wahu Kaara, a 53-year-old widow, describes herself as a global social justice activist. The former history and Kiswahili teacher says she has been radical from an early age, having been involved in promoting social justice and economic democracy for 30 years. Her political activities define her radical nature. Despite the repression from the government and the hard times she experienced when her husband was forced into exile, the mother of four relentlessly worked locally and is today involved internationally in the African Social Forum, Katiba Watch and the Kenya Debt Relief Network.

Assumption Sister of Nairobi Sister Florence Muia, 45 years old, is the fifth of nine children. She was born and bred in Machakos District, Eastern Kenya, and has been an Assumption Sister of Nairobi (ASN) for 28 years. Sister Florence ministers mainly to women and children affected by HIV/AIDS at Upendo Village in Naivasha, Kenya. As a visionary, she dreamed of a safe haven for women and children affected by the disease. Upendo, the Kiswahili word for love, is such a sanctuary. She devotes her energy, commitment and skills to the success of this ecumenical project.

Litha Musyimi-Ogana, a 45-year-old mother of three, is currently the gender advisor of New Partnership for Africa’s Development (NEPAD) in South Africa. Previously, she worked as the regional director of the African Centre for Empowerment, Gender and Advocacy (ACEGA) based in Nairobi, Kenya. In that capacity, she successfully organized the women peace train from Kampala (Uganda) to Johannesburg (South Africa) to the World Summit for Sustainable Development.

Veronica Wanjiru Kinyanjui (43) is a trained counselor working in Nairobi, the Kenyan capital. Since 2003, she has worked on a voluntary basis as the acting project coordinator of the Kangemi Women Empowerment Center, a community-based organization. Kangemi is a poor, neglected and congested neighborhood in Nairobi with an unidentified number of inhabitants from different ethnic backgrounds. The center, which was founded in 1997, runs programs for health, economic empowerment, human rights, youth and children and community.

Dekha Ibrahim Abdi, a 40-year-old Kenyan from the Muslim Somali community, is a consultant, practitioner and trainer in peace building and conflict management. She started her peace work about 13 years ago when yet another conflict broke out in her home town of Wajir, in north-eastern Kenya. At the beginning the quest was to find sustainable peace. Today Dekha Abdi looks back on established peace-finding structures and networks. She is a founding member of the regional Wajir Peace and Development Agency and sits on the board of MS Kenya.

Since 1998,

Musimbi Kanyoro (53) has been General Secretary of the World Young Women’s Christian Association (YWCA) based in Geneva, Switrzerland. World YWCA reaches more than 25 million women and girls in 122 countries. It promotes leadership development of women of all ages. Musimbi holds a PhD in linguistic from the University of Texas and a Doctor of Ministry from the San Francisco Theological Seminary. Dr Kanyoro, a feminist theologian, is the first woman from the South to head the largest and oldest women’s ecumenical organization.

Rhoda Rotino (42) is a trained teacher from West Pokot in Kenya. She is currently engaged as an area development program leader by World Vision Kenya in her home district. For years she has campaigned against female genital mutilation (FGM) and early marriage of girls. She insists on the rights of girls to go to school. Based on her own experience, she has helped introduce an alternative right of passage to adulthood for girls. She works tirelessly on training and awareness creation against FGM among the Pokot community.

The other things I shamelessly stole from the KARA website are two propaganda pieces from the former reformer and current sellout

Prof. Kivutha Kibwana who has somersaulted from agitating for a parliamentary democracy with devolved powers to a fire spitting advocate for an Imperial Presidency. You know they say that no one is more passionate in championing a cause than a former adversary who often have to prove their new found masters that they have really converted and gone over to the other side. Prof. Kivutha Kibwana is certainly no exception as you can see from the following blatant plugs for the Yes side- coming from the pen of someone who as recently as three years ago was being dragged from his home to be beaten up by state goons for his opposition to the kind of civilian dictatorship that he is these days happily yodelling about all over the place:

STATEMENT ON THE KANU-LDP HON. JOSEPH MATANO KHAMIS AND OTHERS VERSUS THE ATTORNEY GENERAL AND OTHERS CONSTITUTIONAL CASE

By Kivutha Kibwana,Assistant Minister, MP for Makueni

In a most dramatic revelation that the emerging KANU-LDP political alliance wishes to abort the Proposed New Constitution or the Modified Bomas Constitution, in the Joseph Matano Khamis case the political bed fellows have sought, inter alia, “A declaration that only an elected and representative Constituent Assembly can be a valid constitution making body in Kenya, and neither the Constitution of Kenya Review Act as amended by the Constitution of Kenya Review (Amendment) Act, 2004, No. 9 of 2004 nor any other law or mandate has given such a mandate from the people of Kenya to Parliament or any other body presently in existence.”

Clearly if the High Court was to grant this declaration, then even the Bomas Draft which the KANU-LDP brigade has been supporting would be declared as invalid since the Bomas Conference was not an elected and representative Constituent Assembly. KANU-LDP don’t therefore support the Bomas Draft nor the Modified Bomas Constitution. This is consistent with the fact that since 1989 the two political groups – when they operated as KANU – fiercely fought those who championed for a new constitutional dispensation. Kenyans, through the Joseph Matano Khamis case, must see the KANU-LDP axis for what it is: an anti-the-new-constitution group. I also invite Kenyans to consider that there are two broad visions of the constitution. KANU-LDP prefers a constitution that espouses Majimboism or ethicized regionalism – not pro-people devolution of power. NAK prefers a constitutional dispensation which lays the real foundation for a liberal, modern Kenyan nation.

KANU-LDP hopes that if it defeats the Modified Bomas Constitution at the referendum, they will proceed to capture political power in 2007 and then promulgate a constitution which mirrors its political values. Every time KANU-LDP are challenged to debate the content of the Modified Bomas Constitution, they avoid the debate. Many times they trivialize the progressive content of the Proposed New Constitution. This is raw political brinkmanship.

Civil society – the secular sector – is unhappy with the new constitution for basically two reasons. Parliamentarians took over the last stages of constitution-making and the government beat them up the old KANU style. I personally apologize for the mistreatment meted out to civil society activists. I wish other senior government officials would similarly apologize. Further I believe it is wrong to persecute Father Gabriel Dolan.

Secular civil society is some of the best minds and souls of Kenya. It has been at the forefront of constitution-making. If it was not persistent, we would not have a CKRC Draft or a Bomas Draft or a Modified Bomas Draft. Secular Civil Society must understand that it has been the motor of constitution-making. Now that Wanjiku is about to deliver, let the civil society mother not be exhausted by the pain of birth so that she rejects her child. Civil society must rise above the cacophony of political noise and glory in her deserved achievement. Let us focus on the democratic gains that the Modified Bomas Constitution has made possible. Let us not abandon Wanjiku at this most crucial hour. Secular civil society must become pragmatic. In Zimbambwe the National Constitution Assembly – that country’s NCEC – successfully campaigned against a constitution that would have clipped Mugabe’s hold onto power. Unwittingly civil society promoted Mugabe’s political fortunes.

I am a child of Civil Society. Since 1989 we have been abused yes. But we must resolutely continue holding the torch to our nation. That was our path of choice. We can’t afford to sulk or to carry pain which blurs our vision.

Another apology that is owed is one by Moslem leaders to Christian leaders. In Bomas some Moslems used uncivil language against Christian leaders. This partly accounts for why the kadhi courts issue grew bigger than life when since independence it was a non-issue. Mahatma Gandhi, His Holiness John Paul II, Britain’s Tony Blair and other towering world figures have preached religious tolerance. We too have towering religious and other leaders. We must all accept the fact of our religious diversity. In Kenya we have never had religious conflict. The constitution should never become the harbinger of religious turmoil.

Kenyans must give to themselves their new constitution. When the constitution begins to rule our lives, we shall change things that require modification. I am sure that we shall also have to resist pressures to change some progressive sections of the constitution. Even in parliament some men wanted to erode women’s gains.

I urge every Kenyan to familiarize themselves with the content of the new constitution so that they can make an un-coerced, informed choice regarding its suitability.

Consider these questions as you prepare to cast the vote of a lifetime on the adoption or rejection of the new constitution:

1. Does it essentially reflect Wanjiku’s views as gathered by the CKRC?
2. Is it more progressive and democratic than the existing constitution?
3. Will it promote national unity and religious tolerance?
4. Is it a fitting framework for distribution of resources and decision-making?
5. Does its bill of rights adequately protect the Citizen?
6. Does it provide adequate checks and balances within its institutional design?
7. Do you as a person, as a community, as a group etc have clear gains enshrined in the constitution? Is the new constitution likely to make your life better?
8. Is the new constitution a framework for good governance or an instrument for political bargaining by political parties?
9. Does the new constitution compare favorably with the best constitution in Africa and the world?
10. Will the new constitution succeed the existing constitution in a peaceful, legal and effective manner? Can it be amended when real need arises to avoid genesis of unnecessary conflict?

If your answer to most of these questions is YES then at the referendum

VOTE YES, VOTE FOR YOUR CONSTITUTION, VOTE FOR YOUR FUTURE, VOTE FOR KENYA.

"Why Kenyans Should Finally Endorse the Modified Bomas Constitution"

By Hon. Prof. Kivutha Kibwana, Assistant Minister & MP for Makueni, Nairobi, August 2, 2005

1. During the July 20 – 21 parliamentary debate on the Bomas Draft, all parliamentary political parties fully participated. MPs fearlessly and vigorously canvassed for their preferred positions. All sides voted. In a democracy, after people engage in political debate and contest, they must accept the final outcome.

2. Wanjiku’s input in her quest for a new constitution was/is about:

· giving her views, after civic education, to the CKRC which reduced them into a Draft Constitution.
· civil society collating Wanjiku’s views through research and presenting them to the CKRC.
· voting for the new proposed constitution at the referendum.
The foundation of the new constitution will therefore, by and large, emanate from Wanjiku’s masonry.

3. The former ruling elite altered Wanjiku’s CKRC Draft at Bomas. The current ruling elite has had an opportunity to also modify the Bomas Draft. Incidentally the Bomas Conference was composed of over 80% of politicians i.e. incumbent MPs and councilors and their political competitors, former politicians; past and present party functionaries. Bomas was never really Wanjiku driven but political class driven. The profiles of the 629 delegates confirm the above assertion.

Therefore Wanjiku, the CKRC and both divides of the political class have considerably influenced our incoming constitution. Even in a conflictual situation, consensus building has to finally end.

Perhaps both factions of the political divide as checked by civil society have always balanced each other and found it difficult to radically change the CKRC draft at Bomas and within parliament.

4. Even though the Bomas Draft was achieved through a non-representative group, Kenyans have developed a consensus that about 80% of its content consists of sound constitutional principles. The legislative alteration of the Bomas Draft targeted the remaining 20% segment.

Parliament during its debate of June 30, 2005 singled out specific chapters i.e. on citizenship; bill of rights; legislature; executive; judiciary; devolved government and constitutional commissions as contentious and requiring reconsideration.

It was in such spirit that the speaker of the national assembly disallowed proposed amendments to the Bomas Draft which were not contentious or consequential to contentious amendments (i.e. amendments to non-contentious chapters as a consequence of amending the contentious chapters).

The expunging of the Kilifi Draft Constitution and non-contentious and non consequential amendments was meant to forestall the opening of the Bomas Draft beyond the Naivasha Accord (agreement by the political class on the extent to which the Bomas Draft was to be amended) and the offending 20% portion.

5. A close examination of the new content of the modified Bomas constitution confirms Kenya will still have one of the most democratic constitutions in Africa. Why do I make this bold statement?

i. For the first time, a national vision is unveiled in our constitution i.e.
· all sovereign authority will henceforth belong to the people of Kenya.
· nobody – not even the president – is above the constitution and law.
· the state and citizens are subjected to national values, principles and goals.
· culture becomes one of the foundations of the nation.
· the family is protected constitutionally as the basic unit of society.
ii. The bill of rights perhaps rivals South Africa’s in its coverage and depth. It is comparable to the two key international human rights conventions.

· for the first time women, older members of society, youth, children, persons with disability, marginalized groups and communities and refugees are constitutionally protected.

· new economic, social and cultural rights expected to act as bench marks for development are provided such as rights to social security, health, education, housing, food, water, sanitation, environment, consumer rights, right to language and culture.

· the right to life from conception is recognized (but qualified through the death penalty)

· anybody or person can go to court or before the constitutional commission on human rights and administrative justice to enforce human rights.

iii. A Kenyan citizen by birth is now permitted to become a citizen of any other willing state. The Kenyan citizenship can become dormant if that other country does not permit dual citizenship.

iv. A national land commission replaces the president’s role in dealing with public land. The president cannot any more use public land to grant political patronage.

v. Protection of the environment is now a constitutional matter.

vi. The anti-corruption crusade is now constitutionally guaranteed. The anti-corruption commission need not fear reprisal from the executive or any other state organ.

vii. There must be one third of women or men in parliament; district government and the public bureaucracy.

Also the youth, persons with disability, etc will be represented in parliament and district government as a guarantee of affirmative action (see Bomas Draft Arts 12(j); 102(3); 123; and 228A.)

viii. The state will fund political parties to promote growth of democracy.

ix. Although a prime-minister is provided for, the elected president is the chief executive whose powers are checked because:
· of the impeachment imperative
· parliament vets senior appointments
· independent commissions exist which exercise some of the functions undertaken by the president before.

x. Religious freedom is guaranteed and religious courts including the kadhi courts as they have always existed established.

xi. Traditional courts and local tribunals are established

xii. Only two levels of devolution exist: national and district although “associations, federations and networks of local communities or villages within the framework of their statutory powers and functions, (with) the right of self-management (can be established) by national legislation.

xiii. Those unable to afford legal services will be helped by the state through a public defender.

xiv. The role of civil society is acknowledged in the constitution.

xv. The management of public finance at national and devolved levels is properly articulated.

xvi. Provincial administration is abolished and the current office holders retained to be redeployed in the public service.

xvii. Corporal punishment is abolished.
xviii. The commission on human rights and administrative justice shall also have the function of truth and reconciliation i.e. redressing past human rights abuses.

xix. Non citizens can only lease land, not own it as freehold.

6. The objections to the Modified Bomas Constitution do not outweigh its merits. These demerits have been isolated as:
· the prime-minister established is subservient to the president; he/she does not “check” the president
· the senate and regional government are abolished
· the death penalty is retained
· the proposed constitution is bulky; it needs pruning so that constitutional principles become the flesh of the constitution and detail is relegated to ordinary legislation
· the existing constitution does not have an express provision for its retirement and smooth replacement by a brand new constitution
· the parliamentary debate of the Bomas Draft excluded other non-parliamentary actors therefore robbing that part of the journey to a new constitution Wanjiku’s input etc.

7. Clearly, nobody can in good faith oppose a constitution whose content is as summarized above. I doubt whether finally LDP-KANU will oppose the new proposed constitution at the referendum. Admittedly as time goes on, the new constitution will be amended after being tried out. That is the fate of constitutions the world over. In my view it will soon become apparent that the cost of opposing the new proposed constitution is too high. Indeed it is political suicide to stand in the path of Wanjiku’s constitution. No wonder there isn’t virulent opposition to the modified Bomas constitution. Those who had thought the constitution – its non-delivery or the delivery of an hopelessly deficient one – will become a campaign tool have to rethink their political strategy.

8. However good a constitution is on paper, people have to live it. They must embrace its values. The incoming constitution, whatever its critics say, is extremely reform minded.

Kenyan leaders and all her citizens must accept to be immersed, over time, within the reform spirit.

9. The modified Bomas constitution is about 60-70% of the Ufungamano Draft and also the Law Society of Kenya Draft. The new proposed constitution therefore substantially incorporates the constitutional vision of other major stakeholders in the review process.

10. Substituting the old and the new constitution will not be a treasonous activity. What is treason is to deny Wanjiku her new constitution. In my view section 47 or any other part of the existing constitution don’t have to be changed to legitimize an entirely new constitution. Why do I say so?

a. The citizens of a country have an inherent right to make a new constitution. This right need not be expressly provided for in the constitution. The right is always part and parcel of any existing constitution.

b. The Timothy Njoya case clearly established the existence of the inherent right of Kenyans to make a new constitution or social covenant for themselves.

c. The world over constitutions have no provision for their overhaul because they assume they have a characteristic of permanency. As a grund norm or basic norm, they do not anticipate another legal grund norm. Thus constitutions usually provide only for an amendment procedure.

d. As far as Kenyans were concerned in 1963, it was not necessary for a colonial constitution to justify the passage of their new independence constitution. Majority rule and a democratic constitution were justified on the basis of the inherent right of Kenyans to be free and equal to all other races.

e. Until KANU left power in 2002, constitution-making had preceded without the change of section 47. Therefore the welders of power then were convinced that a new constitution could be passed without the amendment of section 47.

f. The Bomas Draft acknowledges in Article 28 (3) (b) that there can exist rights that are not expressly provided for in the constitution.

g. The Bomas Draft itself has only provisions for amending it in Articles 302, 303 and 304. There are no provisions dealing with how a new constitution is to be made. This acknowledges the inherent right of a people to replace their constitution with a brand new one.

Obviously an inherent right can also be expressly provided for in a constitution or other law if consensus develops for that position and for avoidance of doubt.

If within the new constitution there is language through which Kenyans state they have retired the first constitution and then adopted a sequel constitution subject to gazettment and other official procedures of birthing the new constitution, the power of the vote through the referendum will retire the old constitution and legitimize the new constitution.

We find ourselves in a unique position where we are promulgating a new constitution during peace time without, like in other African countries, having had a constitutional breakdown occasioned by a military takeover or revolution.

11. The Attorney General will draft the new proposed constitution and forward it to the ECK who will conduct the referendum. In my view, after the AG has drafted the new proposed constitution, he should informally:
· expose it to the speaker to be satisfied that it is written according to the PSC report which was approved by parliament
· expose it to a Multi-Sectoral Verification Forum composed of key stakeholders from secular and religious civil society and political society.

These moves, if taken, may eliminate any genuine opposition to the AG’s draft given there is no other official forum which will audit the AG’s legal mandate.

12. Those who appear to oppose the incoming constitution are civil society elite (who were excluded from the official post Bomas review phase) and the political opposition. The civil society, in my view, is justified in its reaction to its non-inclusion in constitution-making given its historical role in the review process.

The political opposition however is now treading dangerously between the thin line of legitimate political bargaining and political blackmail. They are focusing on soliciting political capital from the president so that:

· for avoidance of doubt they support amendment of the existing constitution to accommodate the new constitution
· they assist in the expeditious passage of all the new laws which will bring the new constitution to life
· they stop their political proxies from endless court cases over the new constitution
· they back the president in his second term bid in 2007 and therefore in the revitalization of NARC as a single party or coalition
· they help guarantee universal support and legitimacy for the new constitution
· they assist keep Kenya as one conflict free country

13. Kenyans have realized their new constitution is now within reach. Nobody can oppose the constitution without paying a dear price. When the content of the constitution is exposed to Kenyans, they will judge whether it essentially consists of their original views or it is the creature of parliament.

KIVUTHA KIBWANA
Nairobi, 2 August 2005

4.0. The Incredible Weirdness Of It All: In 2005 KANU is for Reforms, the Ex-Reformists are Reactionary Yawa!

One of the key indicators of the utter ideological bankruptcy of Kenyan mainstream political parties can be seen in the ongoing spectactle where one witnesses the Second Liberatadors and Conquistadors of Yesteryear transmogrify into the Live and Alive Ogres blocking the Wananchi's Path to Wanjiku's Katiba.

Ironically, the cynical gambit to try and drive a sectarian wedge between Muslims and other faith communities by setting up Christian, Hindu and by extension Mungiki and for people like Oloo, Atheist mahakama is likely to blow up in the scheming faces of Kathurima, Wako, Kiriatu and whoever was trying to be too clever by half trying to skirt around the question of the rights of religious and cultural minorities like Muslims in any new constitutional dispensation. You know, you can nunua a puppy, you lisha it with bhangi and mairungi and then you are shocked when it bites you viciously on your matako.

Can you believe these guys? Is Kibwana for real? Is Mwai Kibaki the same man the Onyango Oloos of this world composed dubbified ditties on the eve of the 2002 elections? Is Kiraitu Murungi the same man who represented

Wanyiri Kihoro, Edward Oyugi, Alamin Mazrui, Onyango Oloo and Kamoji Wachiira a whole of other political prisoners during the nadir of the Moi-KANU Imperial Presidency?


Did these people sell out or were they OPPORTUNISTS plotting their dictatorial and tribal power g grabs all along?

5.0. An Optimistic Context The Fate of the Kibaki/Kilifi Imperial Presidential Katiba Was Sealed in South Africa in 1983.

What on earth I am yakking about?

Well...

Look down there. Not there, you smutty minded freak, down below:






















6.0. What Are We Saying Yes or No to ?

For me the questions that Kenyans should be asking themselves are these:

(i) Do Kenyans want more dictatorial rule?
(ii) Do Kenyans want more Goldenbergs and more Ango-Fleecings?
(iii) Do Kenyans want more JM Kariuki, Bishop Muge, Dr Ouko, Ndugu Karimi and Father Kaiser Killings?
(iv) Do Kenyans want more Murungarus, Mwakweres, Kivuthas and Kiraitus?
(v) Do Kenyans want more Molos, Trans Maras, Burnt Forests and Likonis?
(vi) Do Kenyans want more poverty and underdevelopment?
(vii) Do Kenyans want more ukabila, ugongaji and utapeli?
(viii) Do Kenyans want more oppression and marginalization of women?
(ix) Do Kenyans want more unemployment for the youth?
(x) Do Kenyans want Mwai Kibaki?

The answer my friend is:





Blowin' In the Wind...
as

Bob Dylan told us eons ago...

Onyango Oloo
Montreal