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This is why it is time to amend the Constitution


·         Deportation of Dr Miguna Miguna marked a gross violation of freedoms enjoyed by Wananchi

·         The government failed to obey 15 court orders and this has been viewed as a major violation of the constitution

·         The constitutional lacunas such as lack of definite role of deputy president and deputy governor is an invitation to amend the decade old Constitution of Kenya

Today marks the 10th anniversary since promulgation of new Constitution 2010. Various chapters were established in the constitution with the most integral one being that of Bill of Rights (Chapter 4). It comprises of the rights and fundamental freedoms of citizens of Kenya from article 19 to 59.

President Kibaki (centre) promulgates the Constitution at Uhuru Park in Nairobi on August 27, 2010. Photo/COURTESY

Enforcement of bill of rights is very integral where anybody can institute a court proceeding in case his/her fundamental rights have been denied, infringed on or violated.

The High Court of Kenya has exclusive jurisdiction to hear such cases pursuant to article 165. Justice should be done to all irrespective of status.

One of the greatest violations of the constitution so far has been how the government has handled Miguna’s illegal deportation. Chapter 3 of the constitution provides for dual citizenship. A citizen by birth does not lose his/her citizenship by applying for citizenship of another country.

The government has violated more than 15 court orders.

The High Court has ruled severally that Dr Miguna should be allowed back home. When he announces he is coming back to his motherland, the government issues red alerts to airlines.

The irony of the matter is that the person Miguna swore in as People’s President is scot free. Raila Odinga helps the government in decision making and appears to have more than a constitutionally elected Deputy President.

Miguna must have learnt one or two principles of politics. Serving politicians is like being a bandage on a wound. Once the wound is healed, your usefulness ends. Politicians don’t recognize and reward value. They recognize their own needs and in politics, never wail more than the bereaved. They will get rewarded while you inherit their enemies.

As we celebrate the 10-year-old constitution, let’s recognize the importance of devolved governments. This is the biggest gain under the constitution which has facilitated the decentralization of State organs, their functions and services from Nairobi, the Kenya’s capital city.

Huduma Centres

Services which were offered in Nairobi can be tapped from various Huduma Centres across the country.

MCAs should exercise their constitutional mandate of oversight and offer checks and balances. This will strengthen devolution and combat corruption which is the main scourge facing county governments.

There is no separation of powers between the three arms of government. Court orders are violated and the government is yet to implement the two third gender rule pursuant to article 81b.

Though there is no constitution that is perfect, the time to amend the constitution is now. The Constitution of Kenya has several lacunas.

One, the deputy president and deputy governors don’t have defined roles other than being principal assistants to the President and Governor. They need to have roles to play otherwise they will be wasting taxpayers’ money.

Two, I am of the opinion that we have a role of an Opposition Leader can play. No way can an opposition leader garner over 6 Million votes and fail to have a stake in government.

Voters who voted for the opposition leader will feel left out and the only way to ensure inclusivity is to have an office of official Opposition in Parliament where he will be the watchdog and oversight the government.

Three and finally, there is need to increase budget given to county governments from 15 per cent to 45. This will lead to more development in the devolved units.

By KITONGA MUSYOKA, Fourth Year Political Science and Public Administration student at Kisii University.


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