My amateur thoughts on the proposed constitution draft

So, I am not the biggest fan of politicians. Unfortunately for me, these are the same guys who are supposed to debate and decide on what will be the new constitution to guide every aspect of my life as a citizen. That is plain scary!

I have looked at the draft, slight perusal. The first draft was ridiculous, as far as I was concerned. The idea that for us to be considered a democratic state we have to transport wholly a foreign constitution, is crazy. This country is way too small to have two centers of power. A federal system works best when the country is fairly huge. At the same the country so divided along tribal lines as mine is, a federal system will further encourage tribalism. That is the reality, anyone who states otherwise, lies. There was the whole complicated way of choosing the president, an electoral college????! Thank God somebody stopped that nonsense.

The second draft, not too bad. It is a starting point. First, there is focus back to a central power. Any Kenyan voting would like to know that they are voting for the guy who is going to be the president. Nobody wants to be led by a guy you had no say in choosing.
Second, there is a creation of a more powerful parliament which, if it works properly, should provide the needed checks and balances on the presidential power.

Of course, there is the kadhi courts issue. I still do not understand why the religious leaders are incensed. Kadhi’s courts are in the current constitution. The new proposed seeks to maintain that same position. Religious leaders are arguing that to constitutionalize the status of the kadhis court, is to recognize the Muslim religion in the constitution. I think that argument is misinformed and ignorant. The kadhis court only has jurisdiction over civil matters being marital and divorce mostly. The parties must both be Muslim adherents and they must voluntarily submit themselves to the jurisdiction of the court. Anyway, there is an appeal provision to the high court.
I ask again, what is your problem religious leaders?
I am a Christian and I have no issues with that. I think it is petty to threaten mass boycott against the new constitution because of the presence of the kadhi courts. It does not in any way interfere with the secular status of the country.
I would discuss the abortion aspect or contention in the new proposed constitution but I do not have that much time. But, I do think that there should be consideration for doctor approved termination of pregnancy in the case where the mother’s life is in danger. Further, I am leaning towards the consideration of the woman pregnant in a rape situation or incest situation. As I said, not enough time.

I think that if the politicians stopped for just a minute and reminded themselves that, the constitution is not only meant to serve them in the 2012 election but it is meant to serve and protect their descendants in the future.

The debate on the constitution should be entering its 12th day now but, it has not even started. Members of parliament are still running around, campaigning for a consensus retreat. People, get over the fact that you will not camp in Naivasha and go debate, which is your work!

Point to be noted, regardless of whether these guys go to Naivasha and reach a consensus; they will still need to come up with 145 votes to amend anything in the proposed draft. Clearly, they are wasting precious time avoiding the debate..