This is a message to my comrades in the youth forum, Kenyans for change and all affiliates in the quest for a better Kenya. 2011 is here and in the Kenyan political world, its same scenario, different day. The usual mumble jumble has started in earnest, Ocampo list, Saitoti list, MOU, who betrayed who, corruption list and all the mix of unnecessary political battles. The end result as usual is ganging up into crews with the aim of fixing the opposite crew. But at this juncture, no leadership qualities are sieved everyone against your enemy is your friend and joins your team, in the end, a whole rotten basket in Government! It has become a vicious cycle and in 2008 even proved fatal and we the youth who grew through this and are now adults with young families and hopes of a better tomorrow are simply watching from the sidelines, throwing in a few barbs and taking stances in comfort with our communities! I read sad threads everyday where an Onyango will be celebrating that Uhuru Kenyatta is in the Ocampo list while Koech will be retorting that the PM wrote the Ocampo list and the tribal shenanigan continues! Remember this are civilized people and in their youth. Ladies and gentlemen are we entranced by the existing cabal of this politico – tribal jingoist? I intend to put my mark this year on what the youth can do but am obviously aware that i can’t do it alone!

We have a duty and we ought be on the ground running from yesterday, let our people know that our destiny does not lie on Raila, Ruto, Uhuru or any of that ilk……we have done a lot in writing auspicious articles, debates and many other things which i agree have contributed to the level of awareness existing today. But time is running out, we need to ensure they have voting cards and are consciously voting for the right leadership. Start with your homes ladies and a gentleman as we spread out, it’s our time to take over our rightful place in governing this country properly. It will be sad if any group of drug barons, Hague suspects or corruption gang took over to plunder this already crawling country. Tell your people that the country is not divided into ODM and PNU groups but into reformers and anti reformers of today. It is one duty that will ensure the success and security of your young family.

And if some us make a further step and threw our hats into the ring, it is your duty to be with people who think with you in the same wavelength!

God bless Kenya.

PAUL OCHIENG K4C LEGAL SECTION.

I have not only followed this constitution story from inception but I have indirectly participated in its quest, Bomas and its resulting referendum was a mess and when the COE draft came out in Nov 2009, I rushed for a copy which I read and was mainly attracted to the devolution and the executive split amongst many other goodies, I drifted through the Naivasha amendments which even though some were selfish and apolitical, did not change the gist and so I was good, the COE later did a rendition and smoothened some few rough edges and parliament adopted it and a copy of which I have just re read for the umpteenth time just to be sure I aint selling my soul!
I read like I was taught in law school in wholesome, i.e to get the proper interpretation or the intent of a legal provision you look at it in tandem with the other related clauses or in its entirety not in isolation coz that would only suffice selfish interest only.
A gloss over the pros I encountered, chapter 3 on the our national values principles and goals which should set up your mood on the intent and purpose of this document not forgetting the preamble and its defining initial chapters outlining the supremacy of the Kenyan people and their important role in defending the abuse of the same document, here I discovered the peoples first democracy tool.
The bill of rights in chapter six is all inclusive and one of the widest and most realistic to modern circumstances remember human rights also evolve, but sticking out is the exclusive provisions on the freedom of media which I consider also a people democracy tool as it will be the same vehicle to be used by the future amendments proponents and it should thus be protected, don’t forget im reading in tandem with. Furthermore the entrenchment of the human rights and gender commission and I believe they won’t just bark anymore but have a basis for a bite and this is another people’s democracy tool. The provision is quite wide and cognizant of myriad of rights.
Shrewd politicians have mastered the electoral manipulations to achieve their devious ends but an antidote is injected even though small in chapter ten on representation of the people outlining rigorous electoral system and process which I believe would sieve even though a little of the chaff.
Devolution as captured in chapter 14 does not exactly impress me, but at least it heads there and im aware of the cautionary restraint of the drafters since Kenya’ s societal web is so ethnically formatted that consensus on the geography, levels and any other detail of devolution would be a dream for now. Never the less it brings the government closer home and as we enjoy the honey we will learn to appreciate and agree on improvements.
The legislature is superb and stringent qualifications are set for the august house wannabees which are not only academic but also moral and based on integrity, we all know what that means to politicians we have, read with me in wholesome and this is the other tool.
The executive seems to have an imperial presidency but look at the checks and balances involved plus what you have to be to be one not forgetting all approvals will be through parliament which he can’t dangle ministerial positions to entice. The cabinet also has a fixed number.
Judiciary is to be thoroughly vetted and made independent, the interest of the marginalized groups are impinged therein not forgetting the land policy, the dual citizenship and the provisions on leadership and integrity which corroborates with chapters on executive, public finance etc. Keep reading in wholesome.
I could go on and on, the transitional clause is very appreciative to the wounds of the last general election and has spread overtime to massage egos of both sides encouraging consultation in effect and I too appreciate after all it will soon self expire.
The amendment of the constitution has been orchestrated in such a manner that you must have the nod of the people and this does not make hard but only makes it right, i.e. if the church, just as an example wanted to amend the Kadhi courts clause do you think it would be hard for them to raise the requisite numbers in the referendum if that was the right thing.
I wouldn’t sign off without throwing my two cents on the contentious issues and has been zeroed down by the media and many, the kadhis courts, I realize that other than being subordinate courts (and if you follow the hierarchy order of the judiciary, you realize up to what levels you can appeal their rulings based on constitutional interpretations and any other reason and here read the document in its totality) provides that they only adjudicate over personal matters, divorce and marriages etc the same provision provide for other magistrates courts and its obvious what the intent is, besides we don’t have uniform Christian laws on personal matters because the bible is also subject to various interpretations and we do also have quasi Christians. But above all section 10 separates state and religion.
On abortion I looked at the exceptions and asked myself aren’t they realistic and much regulated? Cap 63 of the penal code chapter 20 further reiterated my interpretation and I believe the provision of the draft largely borrows from it that majorly the responsibility of a person who has charge of another and here is the mother and in extreme circumstances the state through its professional delegarees. Remember the opening phrase abortion is illegal.
Personally my biggest beef is with the land clause, I of course applaud the national land policy and its intent to equitable redistribute and reclassify the land but in that venture watch we don’t Mugabe the country, however my fears are secure with fact that modalities have been left to the legislature which I believe should do a good job but if they fail RECALL clause, read the document as a whole! If it was up to me, raise the tax for the big land owners with large unutilized tracts to encourage them to sale and maybe give incentives to those foreign land owners who willingly agree to conform and regularize their lease periods. Nationalization? I didn’t see any!
If we don’t pass this draft we remain with the status quo and all our fears and hope for the unforeseeable consensus, brothers and sistas I’m voting yes coz the pros outweighs the cons even in the few clauses that I have mentioned.
GOD BLESS KENYA.
Paul Ochieng is an Advocate in Nairobi and the legal convener for K4C.

Kenyans for Change Homeland leadership council held its 4th meeting on
the 27th of March 2010 at the conference room in the 7th August memorial park Nairobi.

In attendance was the homeland leadership council as well as new members to Kenyans For Change family.
The meeting was a great success. The team outlined a strategic plan for 2010 which included

• Membership recruitment drive
• Membership registration
• Increasing K4C Visibility in the public eye
• Participation of K4C in relevant social forums
• Development of a fund raising strategy to facilitate K4C programs & projects

Presentations were made by the:

1. Administration Team
2. Youth Team
3. ICT Team
4. Gender Team
5. Finance Team

Participants got an opportunity to make comments and offer suggestions.

An excerpt of a speech by Kenyatta at a Kenya African Union (K.A.U.) meeting on July 26, 1952. Kenyatta made this speech at a time when Kenya was struggling for sovereignty. An independence revolution was brewing in Kenya and Kenyatta was one of the revolutionary leaders representing the downtrodden and disenfranchised.

If we unite now, each and every one of us, and each tribe to another, we will cause the implementation in this country of that which the European calls democracy. True democracy has no colour distinction. It does not choose between black and white. We are here in this tremendous gathering under the K.A.U. flag to find which road leads us from darkness into democracy. In order to find it we Africans must first achieve the right to elect our own representatives. That is surely the first principle of democracy. We are the only race in Kenya which does not elect its own representatives in the Legislature and we are going to set about to rectify this situation. . . . It has never been known in history that a country prospers without equality. We despise bribery and corruption, those two words that the European repeatedly refers to. Bribery and corruption is prevalent in this country, but I am not surprised. As long as a people are held down, corruption is sure to rise and the only answer to this is a policy of equality. . . .(Cornfield 1960, pp. 301-308).

His was a noble call, the call for a broadly representative government. His legacy, however, as history tells us, is quite the opposite. Kenyatta ruled Kenya till dying of natural causes. He did not bring forth the equality, fairness, democracy, and liberty he promised. He railed against corruption in his 1952 speech, a decade before Kenya became independent yet decades later his presidency was dogged by kleptocratic practices. This culture was passed on to his predecessor Moi, an even more powerful tyrant. Moi’s presidency brought Kenya to its knees with a new cry from the oppressed, and just like their forefathers had cried for freedom in the 50’s & 60’s Kenyans cried out for political change that ushered in the Kibaki regime.

Kibaki like Kenyatta came aboard with similar sentiments as those Kenyans had cried for in the 50’s a call for more representational government and a promise to crush corruption.  Eight years later, Kibaki the man who had promised Kenya a better future is now credited to harboring a corrupt government. His last reelection is still questionable and he has allowed history credit him as a power hungry leader whose uncanny ways led to the loss of thousand of innocent Kenyans. Kenyatta and Kibaki, promised democracy, freedom, and equality. They offered peace and prosperity, but delivered to the contrary; corruption, poverty and despair.  Were their promises hollow and cynical or sincere? Did they truly believe in representational government and corruption as a vice? What changed these men?

At the time before victory leaders promise to improve public welfare (as per Kenyatta and Kibaki), at this point I believe they are sincere. This is because these leaders arise from the disenfranchised group, outside the political elite. At this point they are not part of the society that reinforces the oppressive regime, they do not get to enjoy the private benefits of the powerful who retain power by transferring at the direct expense of the poor. The dysfunction happens when these leaders defeat their oppressors; the victorious revolutionaries become the new leaders or members of the political elite. Having shifted from being outsiders to being those privileged with access to power and private benefits, they respond to their new incentives. The mechanism changes, it becomes a fight for self preservation and power.  The ideals they once held, are no longer in favor for their survival, all of a sudden the realization of a representational form of politics is no longer such a good idea, and corruption now becomes an attractive modus operandi, the very thing they vowed to eradicate is instead reinforced.

This is a mechanism that has dogged Kenyan politics and will continue to plunder us if we do not change our way of doing things. All who aspire to be the future leaders of Kenya need to understand this mechanism and understand its potential for entrapment. Those who are victorious and become leaders continue to do what is in their interest, and this is the tricky part because what defines that interest can be changed and be manipulated by their new found role. A role in Kenya that comes with immense power and can easily corrupts.

We the future Kenyan leaders aspiring to be the next generation of leaders cannot afford to fall prey to this trap. We have to approach change in our country with wisdom and foresight. We cannot kid ourselves that we are any different from those who have led this country before us. The potential for us to shift tactics once in power is real! We have to take proactive steps, if we are to ever change this mechanism that has preyed on the weak willed and enabled power politics in Kenya. We have to realize the institutional preferences of outsiders (i.e. a more representational form of government) is not the same as the institutional preferences of a leader in power. We need to think proactively, and be prepared with counter active plan that will ensure this flaw in our system is not abused by future leaders. Such a plan needs to include a strategy that redefines our institutions to keep our leaders in check. The new draft constitution is the beginning. If we are to break away from our past politics we need a constitution that is free of politics and is document for the people.

By Jane Munga – Kenyans For Change Vice Chairlady

Project Amani is a peace initiative forwarded by the K4C’s youth department (Youth 4 Kenya) for the people of Kenya. It is about the youth rebuilding their image and taking a positive lead role in bringing healing and reconciliation.

Project Amani has three outputs:

1.  Pledge Project Amani will promote a peace pledge that is a symbolic recognition and acceptance of our responsibility to learn from our past and to henceforth pledge to embrace a culture of peace. The peace pledge will be presented to all Kenyans to participate as signatories and actual peace makers – this shall be the people’s peace pledge and accord.

The pledge will be presented both in Swahili and English and simply states:

“We patriotic Kenyans of goodwill, having learned from the events that occurred during and subsequent to the post election violence; do hereby pledge to God and to our fellow countrymen, now and in the generations to come; to never again allow baseless prejudice and political intolerance to divide us. We hereby undersign, as proof of our commitment, to embrace a culture of peace founded in the deep conviction of the values of unity, patriotism and the equal right of all Kenyans to be respected irrespective of their gender, faith, tribe, race or political inclination.”

The Swahili version roughly translates to: “Sisi wananchi wazalendo wa Kenya, baada ya kujuta kutokana na rabsha za kabla na baada ya uchaguzi mkuu, tunaapa sasa mbele zake Mwenyezi Mungu, Wakenya wenzetu walio hai na vizazi vipya vinavyo tangulia, kwamba kamwe hatutakubali chuki na maswala ya kisiasa kututenganisha. Tunaweka sahihi kudhibitisha uwajibikaji wetu katika juhudi za kuleta utamaduni ambao umetokana na kuelewa undani wa umoja, uzalendo na heshima usawa wa haki za Wakenya wote bila kuzingatia jinsia, dini, kabila, rangi au mtazamo wa kisiasa.”

2. Reconciliation Dialogue Beyond signing this pledge, Project Amani will conduct sessions throughout the country that will consist the viewing of a documentary called “As We Forgive”, reflecting on its lessons in comparison to Kenya and embracing its positive conclusion. The documentary shows the healing and reconciliation process that followed Rwanda’s genocide.

It focuses on a few people – two women who lost family, a school girl who lost her parents and two men who were perpetrators during the genocide, but repented and find a way to live in a new found peace with these women whose family members they murdered. This in writing may sound like a simple plot – but to watch it, is to be deeply moved. It is sad to note that many Kenyans have been manipulated to seeing no need for remorse for last years PEV. This has meant that a great sense of bitterness remains in the country – but is currently under the carpet. After the countless political twist and turns, realignments and alliance – most Kenyans in their usual role of magnifying their leaders’ disposition – have little trust for each other. This video will cut at the heart of our sentiments.

3. Commemorating Project Amani will be symbolized by a tree planting exercise. A way of showing that our peace must be re-planted and nurtured by choice. This can soon after the close of Project Amani can be expanded into a tree planting project. We will work with all other groups or organizations that specialize and exist to establish matters that pertain to peace in three areas:

1. Peace with God or higher inner values

2. Peace with fellow mankind.

3. Peace with the environment. This order of peace acquisition is critical for the success of Project Amani.

I think from here should be under upcoming events

Project Amani will operationalize in different stages:

Phase I – Online Spark Duration: November 1st – December 15th 2009

a) Online peace pledge collection

b) Online membership signup

c) Online partnership offer signup

d) Online sponsor offer signup

e) Online database creation

f) Online financial pledge receipt instructions

g) Online membership notification and activation

Phase II – Igniting the Flame Duration: December 16th – July 2010 ** The official launch of Kenyans for Change in Kenya will be in DECEMBER ** KENYA will meet K4C on the MOVE ** This phase will add on to the online campaign with physical on-the-ground campaigns.

a)      On-the-ground membership organization

b)     On-the-ground leadership identification & training plan and activation

c)      On-the-ground membership activation

d)      On-the-ground Sessions

e)      On-the-ground peace pledge collection

Phase III – Fanning The Flame Duration: August 2010

a) Final tallying of total online and on the ground pledges collected.

b) Celebration of achievement

c) Noting poll Evaluation of Kenyan mood before and after Project

d) Recommendations for future projects off new launching pad

e) Transition of project into complementary projects – Mazingira and IDPs into IRPs (Internally Restored Persons).

f) Tree planting exercises to commemorate PA. More info to come soon – Keep Checking This Area

As the 30 day period of public debate comes to a close on the Harmonized draft constitution. Kenyans will be watching their members of parliament on how they will handle the draft when it is introduced in parliament next year.

Kenyans for Change commends all the Kenyans who submitted their views to the Committee of Experts during the debate period.

Below are the steps remaining in the review process:

STEP ONE: December 18^th – The committee of Experts starts a 21- day period to consider the views of Kenyans.

STEP TWO: January 8^th – The revised harmonized draft expected before the Parliamentary Select Committee.

STEP THREE: January 28^th – The PSC returns the draft to the experts with recommendations on contentious issues.

STEP FOUR: February 18^th – The experts finish revising the draft report for tabling in Parliament.

STEP FIVE: February 25^th – Draft expected before Parliament for a 30-day debate.

STEP SIX: March 26^th – Parliament either approves the draft or proposes amendments – if approved the process jumps to step 11.

STEP SEVEN: April 1^st – End of a seven day period for the experts to consider the proposed amendments.

STEP EIGHT: April 2^nd – Parliament either approves the draft or sends it back to the experts.

STEP NINE: April 9^th – The experts, the PSC and the Reference Group meet to iron out the issue for seven days.

STEP TEN: April 16^th – Draft tabled in parliament and MP’s required by law to approve it.

STEP ELEVEN: May 17^th – Deadline by when the Attorney General should have published the draft and IIEC announces referendum date to be 60 days later.

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KENYANS FOR CHANGE, NO KENYAN LEFT BEHIND