It’s the selfish who want to derail our agenda for Kenya

Nyeri residents with copies of the proposed Constitution on May 27, 2010. FILE PHOTO | JOSEPH KANYI |  NATION MEDIA GROUP

In Summary

• Evil intent: This document is far too important to act as a stepping-stone for any ambition. It is our last and best defence against anarchy.
• What counties are currently experiencing is inadequate capacity to handle the devolved functions.

By WILLIAM RUTO

Today, our country is buffeted by contrived storms and artificial crises whose aim is to de-legitimise the Constitution. The idea is to present our republican charter as inadequate or defective, necessitating its amendment.

Even so, a good look at the leading claims for a referendum reveals these claims do not emanate from a position of good faith. Rather, they are a brazen political ploy for the purposes of political redemption.

Robust contestation around our Constitution is healthy, cherished and quite welcome. But we must reject the attempts to use our Constitution as a campaign platform.

This document is far too important to act as a stepping-stone for any ambition. It is our last and best defense against anarchy and disintegration as a society.

Our Constitution is a document bursting with promise; it unlocks, unleashes, harnesses our national energy and shepherds us towards a common prosperity and a sustainable nationhood. That is why we sought it for so long and through great difficulty.

It is illogical therefore to turn around and seek to tear it up and haul down the legitimate institutions contained therein.

A robust democracy cannot escape misunderstandings and/or disputes between arms of Government, institutions and or political parties. To a considerable extent, these tensions are a manifestation of the vigour and openness of our system.

However, these disputes must have the best interest of the country and a deep respect for the rule of law at their core otherwise they become disingenuous, fraudulent and injurious to the country.

THE WILL OF THE PEOPLE

There are those who are trying to align the Constitution to suit their personal ambitions, instead of subjugating their desires to acquiesce to the sovereign will of the people.

Quite a bit of the angst and frustration observable in the public sphere stems from this predictable disappointment: the will of the people bends to no politician’s whim.

If it did, the citizens of Kenya would be serfs and politicians royals.

History will judge us harshly if we do not honour our obligation to respect, uphold and defend this Constitution against assault.

This is the reason the Government resolved to accelerate constitutional implementation. Not only do we want full implementation, we also desire to have it happen sooner than the time allowed in Fifth Schedule.

In the first year of the Jubilee administration, we facilitated the assumption and discharge of all the functions assigned to county governments under Articles 185, 186 and 187 of the Constitution.

We matched this acceleration with resources. That is why we increased the budgetary allocation to devolved units to 32 per cent of the audited accounts, well over double the constitutional minimum in our first year and to 43 per cent in the subsequent fiscal year.

However, what counties are currently experiencing is inadequate capacity to handle the devolved functions.

You cannot be an accountability fugitive running away from procedures set by the Constitution by seeking amendments to the same Supreme Law to cover up or escape from institutions of governance. There are no backdoors or escape routes to law.

Any proposals and/or suggestions made by groups must adhere to the Constitution. There are clear laws on how to deal with any issue or institution, including the Independent Electoral and Boundaries Commission.

NEGATIVE PROFILING

In the midst of our determined effort to entrench the Constitution and pay due homage to our people’s aspirations, we have not escaped baseless negative profiling from all sorts of quarters.

But this cannot, and should not, deter a conscientious leadership. It is well known — I would say, to the point of judicial notice — that the Government has experienced the power of negative profiling and false witness.

It can be dismaying, even heartbreaking at first taste, but integrity depends entirely on our ability to keep our heads when all about us are losing theirs.

The consciousness of the constitutional mandate placed on us as a leadership is deep. We are also alive to the fact that the Constitution has been, and will continue to be the true and faithful testament of the sovereignty of the people of Kenya.

This gives us the confidence to ensure that the Constitution is implemented in full. It also enjoins us to be true and faithful to the Constitution as the people’s charter for this moment and for generations to come.

The Constitution is not okay only when we are having our way, and vile when we don’t. It is right at all times, to all people. All that’s required is faithful observance. Life is imperfect and fortune fickle. But the will of the people is transcendental and immanent. It cannot bend to ephemeral passions.

Ceaseless agitation for amendments is essentially declarations of war against the entire Constitution meant to convert our most hallowed sovereign article into a political tool. It is leadership by dynamite; we live for today and tomorrow be damned.

It is only four years since we promulgated the Constitution. We are just beginning to see its fruits. If we are honest, we will admit that we are not in a position to evaluate its inadequacies much less correct them. We gave ourselves this Constitution; it was not donated to us.

At our inauguration we agreed to respect, uphold and defend the Constitution. We stand with the people in this task. If we could have an affordable referendum, we would propose one simple, yet essential question: “Are you For, or Against our Constitution?”

Mr Ruto is Deputy President of the Republic of Kenya.