Uhuru says constitutional change part of liberation journey

This year’s national Mashujaa Day fete took place in Kisii on Tuesday with President Uhuru Kenyatta and ODM party leader Raila Odinga declaring that the push for a constitutional change was unstoppable and necessary for Kenya to move forward.

In his speech at Gusii Stadium where he presided over the eleventh Mashujaa Day celebrations, the Head of State said constitutional changes touching on political inclusion, equity in distribution of national opportunities and resources and an end to electoral tensions and violence were necessary as part of Kenya’s continued liberation journey started by the country’s founding fathers.

He spoke as his deputy William Ruto, speaking after Mr Odinga had declared that "no one could stop reggae", called for ‘a robust national conversation that will bring everybody on board.

“My friend the former prime minister has told us about the reggae being unstoppable, but I guess we will have a robust national conversation that will bring everybody on board,” he said, before ushering in his boss to make his speech.

Mr Odinga had noted that President Kenyatta would give direction on what next “because no one can stop reggae”.  The BBI rallies were launched at Gusii stadium last year.

In his speech that considerably dwelt on the constitutional discourse, the President made a case as to why the reforms were necessary, cautioning against what he described as constitutional rigidity, even as he called for a consensus.

“Our founding fathers and constitutional heroes did not intend our constitutional order to enslave us. They constructed it to serve us,” President Kenyatta said, noting the Constitution making is a continuous process.

“When I cautioned against constitutional rigidity in my Madaraka Day address this year, this is exactly what I meant. And when it ceased to serve us, we are meant to borrow from the example of our founding fathers and rethink it.  More so if the national question of the day requires a constitutional settlement,” he said.

He was quick, however, to state that his suggestion on political equation should not be interpreted to mean creating positions for individuals.

“I am only urging for a constitutional consensus that accommodates all communities in an election. A consensus that makes it possible for any Kenyan to lead this country, working hand in hand with his or her brothers and sisters from across the Nation,” he stated.

The President said the focus should be on building nationhood, which is a continuous process.

“As your fourth President, I need to remind you that we will have a fifth, sixth and even tenth President. But we have only one Kenya. This is all we have and we must protect at all cost,” he said.

Terming it a continuation of the liberation journey that was started by Kenya’s founding fathers, President Kenyatta said the search for a constitutional consensus demands constant negotiations and re-negotiation and a constant review of nationhood, citing the historical constitutional experiences in the country.

Honest dialogue 

“My invitation to the country is to have an honest conversation with itself on this. And we must not shy away from taking bold decisions the way our Founding Fathers did,” the President said, as he urged Kenyans to ponder a constitutional consensus.

“This question of “us” versus “them” must come to an end,” the President said, calling for unity in diversity, amid a charged political environment that has resulted from the push for constitutional reforms pitting him against his Deputy.

The President stated that while the 2010 Constitution gave some remedies, it did it resolve or entrench the zero-sum game, in which "the winner takes it all and the loser goes home with nothing."

“How do we expect to resolve this problem using elections instead of constitutional change?” he said, adding that it would, indeed, be a tragedy to go into the next general election before resolving the dilemma. And that is why I urge the country to ponder a constitutional consensus around a three-pronged national question,” he said.

The celebrations were attended by several dignitaries including Chief of Defence Forces General Kibochi, Chief Justice David Maraga, Speaker of the Senate Ken Lusaka, Speaker of the National Assembly Justin Muturi, Council of Governors (CoG) chairman Wycliffe Oparanya, several cabinet secretaries including Dr Fred Matiang’i and Prof George Magoha and Sports CS Amina Mohammed, senators and Members of Parliament.

Governors from Nyanza region present were host Governor James Ongwae, Nyamira Governor John Nyagarama, Kisumu Governor Prof Anyang Nyong’o, Migori Governor Zachary Obado, Homa Bay Governor Cyprian Awiti.

Also present were Mrs Rachel Ruto, Amani National Congress Leader Musalia Mudavadi, Ford Kenya leader Moses Wetang’ula and Wiper Movement Leader Kalonzo Musyoka.

Election tensions

President Kenyatta used the occasion to stress that premature campaigns and endless electioneering create anxiety, ‘akin to what we are witnessing creeping into our nation today.’

“Truly, this is not what the constitutionalists at independence wanted for us. And if we do not change it now, when we have a constitutional moment, this problem will plague our country for years on end,” he stated.

He said contestations and violence every electoral cycle can also be addressed constitutionally, regretting its effects on the economy.

“One year before every election, the economy shuts down as it anticipates the turns and twists of the election.  And one year after the election, the economy is still on a go- slow as markets wrap themselves around the emerging political constellations. This means that in every electoral cycle of five years, two years are wasted exclusively attending to electoral matters,” the President stated.

The President said Kenya’s economic stability heavily relies on the country’s constitutional solidness and was necessary to secure the country’s future.

Accommodate youths

“Unless the economy is sustainably expanding to accommodate the youths graduating every year, then we are robbing our children their future,” he stated.

On resource sharing, the Head of State said the political practice in Kenya has been that resources and opportunities go to those occupying positions of power, which has resulted in divisive and emotive elections.

“But it is possible for us to entrench the principle of equity in distribution of resources and opportunities in the Constitution.  This way, the Constitution will guarantee that no one is excluded,” he said.