Nzamba Gitonga, the man who was chairman of the CoE tasked to draft the current constitution, in today’s SN, acknowledges that politicians made serious blunders in Naivasha when they decided to introduce some clauses into the constitution, while erasing others from it; before it was taken to the referendum.
One of the most serious blunders was the introduction of a pure presidential system and a clause that allowed a “winner take it all” scenerio, whereby the winner ascends to the big house on the hill while his opponents are completely vanquished and literally sent home without a chance to even sit in parliament!
This is a recipe for disaster in a highly tribalised country like Kenya. We shouldn’t forget that these defeated candidates command a following of almost half of the country. It is obvious that the leaders are not ready to retire from politics and since the constitution does not guarantee them any official political platform, they are likely to create their own then gang up against the gov’t of the day. They will not do this for their own political survival only, but also for the sake of their disappointed followers who feel that they are not represented at the top.
This is the reason why the clamour for a referendum is no surprise. If there is anything in our constitution that needed to be amended by yesterday, then it must be the clause that sends presidential losers to political oblivion by denying them a chance to even hold a parliamentary seat. Not in Kenya.
There is a big likelihood that the fight being taken to the referendum could have been fought in parliament if the presidential losers held some positions in the house.
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