Referendum: YES vote sure to win

Despite all the hullabaloos by the Clergy and the William Ruto camp, the Proposed Constitution is sure to go through the referendum successfully and be accepted by Kenyans as their future supreme law.

Yet there are powerful forces against it. Composed of radical anti- Islam American Christian fundamentalists and the Kenyan tycoons who have always been protected by the current Constitution in their quest for sucking the blood of the people, the forces against the Proposed Constitutions are extremely strong; but even more formidable are the forces that back it. These are made up of the combination of the powers behind the American Government, the Kenyan Prime Minister, the Kenyan trade union, the President, the Vice President, the two Deputy Prime Ministers and the civil society.

Backed by a team of about 30 members of Parliament and the former President Daniel arap Moi, Ruto’s squad is likely to create a lot of serious obstruction; but there is no way that impediment can be beyond the means of Raila Odinga, Mwai Kibaki, William ole Ntimama, Musalia Mudavadi, Charity Ngilu, Gitobu Imanyara, Kiraitu Murungi, Kalonzo Musyoka, Mutula Kilonzo, Danson Mungatana to crush. On that list one could also add Barack Obama and Kofi Annan whose powers and influence spread beyond many boundaries.

In other words, the combination of all these people forms such a frightening political power bloc that can be stopped by almost nothing at all to achieve virtually anything they want. The passage of the Proposed Constitution through Parliament, for example, was not a mere accident. It was within the predetermined scheme of the group which foresaw no possibility of any amendment to the Proposed Constitution during the Parliamentary debating period. Hence the stage managed dramatic walkouts which achieved that goal.

Succumbing to the pressure from the American Christian fundamentalists, who are said to have poured in a lot of money into some Kenyan pockets, the Clergy in this country has made a lot of noise about the Kadhi courts and the clause on abortion. But that was before their closed door meeting with Agwambo and Mwai Kibaki. After that meeting they seem to have softened their position; and by the look of things, religious leaders are likely to back the Proposed Constitution without any amendment, hoping that that will follow after the referendum. The Clergy may even agree to sign a MoU with Kibaki and Raila though they know how slippery the two politicians are when it comes to memoranda of understanding.But it may be the only way of saving face after realizing the mood of the country is for a YES vote.

Deep inside their hearts the religious leaders are Kenyan nationalists who have been fighting for the very things that are promoted by the Bill of Rights in the Proposed Constitution. By accepting to sign a MoU with Kibaki and Raila they will now have an uphill task of convincing their American paymasters that the inclusion of Kadhi courts in our constitution is not the same thing as opening doors for Muslim fundamentalism in Kenya. That they can simply do by making proper interpretations of the proposed Constitution to the American paymasters.

The manner in which the Kenyan churchmen behave is like gluttonous dogs of war ready to fight anyone’s battle for some meager payment. No matter how much they are getting from the American Christian fundamentalists the amount is insignificant compared to nationalism they have decided to throw out of the window. Yet this is not the first time they are selling their souls. They did exactly the same in 2007-8 when they fanned the tribal flames of Kenya that led to the bloodbath which is still fresh in the wananchi’s minds. Paradoxically the tribal hegemonic chiefs whose tunes the Churchmen were dancing to in 2007-8 are at it again. They have joined the American Christian fundamentalists in bribing the Clergy in Kenya to oppose the Proposed Constitution.

There are many reasons for the tribalist to detest the Proposed Constitution. It threatens to deny them the opportunity to practise their xenophobic nationalism through the Majimbo system which would have licensed them to renew their ethnic cleansing exercises which they have practiced every time the country has gone through a general election. Thousands of Kenyans are still living in IDP camps because of the tribalist’s cruelty. Yet it is strongly rumoured that this time they have armed themselves to their teeth waiting for the 2012 elections.

The tribalists are up in arms against the Proposed Constitution’s attempt to stop land grabbers from continuing to own huge tracts of land when the ordinary wananchi have none. They have the audacity to impudently tell the landless people to reject the proposal that would make them stand a chance of owning some land. What angers the big sharks in the Proposed Constitution is Article 68 (1) (c) (i) which says Parliament shall enact legislation to prescribe minimum and maximum land holding acreages in respect of private land. Only people like Daniel Toroitich arap Moi and John Michuki who own very large tracts of land can oppose such a proposal. Yet they dare not give the people the true reason for their opposing the Proposed Constitution.

Moi says he opposes the Proposed Constitution because it contains many “academic issues” yet he does not name any. Michuki claims he opposes the Proposed Constitution because it allows members of the armed forces to strike. For Michuki to use that excuse to oppose the Proposed Constitution is most absurd because Article 24 (5) clearly says a provision in legislation may limit the application of the rights or fundamental freedoms to persons serving in the Kenya Defence Force or the National Police Service in the provisions concerning privacy, Freedom of Association, Assembly, demonstration, picketing and petition, labour relations, economic and social rights and the rights of arrested persons. For a man who has sat in the Kenyan Cabinet and is so respected in the country for introducing popular laws regulating matatu, his selective amnesia after reading the Proposed Constitution is simply shocking.

Likewise the churchmen’s inability to read in the Proposed Constitution’s Section 26 (4) which categorically says that abortion is not permitted is yet another case of selective amnesia. Their greatest sin is to recommend the murders of expectant mothers whose pregnancies threaten their lives. Doctors’ duties in all countries in the world are to save life. Churchmen in Kenya want them to let pregnant mothers experiencing miscarriages to be simply ignored until they die in agony.

Churchmen’s argument against Kadhi courts is equally shallow and does not appear to be original. It is certainly implanted in their minds by the American paymasters who think the word Islam is synonymous with terrorism. Why have the churchmen never raised a finger against the courts for almost half a century? Why don’t they tell their followers that the NO vote is a vote in favour of Kadhi courts because all it does is to push us back to the present constitution which recognizes the Kadhi courts?