Myths Could Derail a New Constitution

Kenya's run towards a new constitution is officially in danger. And there are high chances that it could be defeated at the August referendum.

If this happens it will not be because of the ‘ghostly’ insertions made to the document neither will the reason, now controversial, to disallow existence of Kadhi’s courts in the current constitution by three Constitutional Court judges, have a major negative impact.

The two could play a role in the defeat but what seems more prominent to overpower the document are the ‘lies’, well captured by Daily Nation as ‘Myths’, being wittingly bandied around by both Yes and No crusaders.

After Parliament passed the draft, politicians, both senior and junior, have been tempted to deliberately mislead the public in a twisted effort to gain more ground from their opponents.

Those in the No camp have featured prominently among those reported as peddling lies about several clauses in the draft.

The Daily Nation, a local newspaper, has done exemplary well in chronicling these falsities peddled by politicians and deserves praise for juxtaposing verbatim clauses from the proposed set of laws against such untruths. Higher Education minister, William Ruto is among the top in propagating misleading interpretations, at least, according to what the Nation has reported. Prime Minister Raila Odinga and Vice President Kalonzo Musyoka have in many occasions found themselves in this group which include a host of politicians and church leaders.

It is unfortunate that blatant misinterpretations have been allowed to go on without the Committee of Experts, the group tasked with educating Kenyans on the draft before they vote, rising up to defend the document. The Constitution Review Act (2008) gives CoE the mandate to carry out civic education across the country. This legal mandate gives them power above all, including vocal politicians who have been criss-crossing the country misinterpreting clauses, to interpret the draft on behalf of voters. With this power the experts ought to be in the forefront to disapprove the wrongs by those who want to invoke rejection from their supporters and sundry.

For now CoE have not done this duty and have left it to politicians in opposite camps to reinterpret the distorted clauses, a trend which might lead to further bending of the parts.

The country is on the brink of getting a new constitution but such a dream, sought after for the past two decades, risk being thwarted by well-coordinated lying by some people not ready to have a new constitutional order.

It is fair to give free space for everyone to express their interpretations but when some misuse this special prerogative then mechanisms to protect voters from their ill motives are inevitable. CoE, therefore, should break their silence on this before the whole document is distorted.

Such misinterpretations, especially on contentious clauses, could scare away most people who are pro-new constitution.

This time round it is not a lack of political will to pass the document but its misinterpretation that may lead it to its defeat. It will be in the interest of fairness for all constitution making stakeholders to restrain themselves from giving misleading interpretations.