Daily Nation ­ Thursday
Date: 15.08.2013
Page 13
Article size: 277 cm2
ColumnCM: 61.55
AVE: 126188.88
It's mockery of democracy for minorities
not to have a chance at country's leadership
Millions of Kenyans
who may have felt
disappointed by
the outcome of the last elec­
tions should take comfort
in the knowledge that they
have a Constitution that can
democratically redress their
dissatisfaction and reassure
them that they are part of the
nation of Kenya.
Kenya is composed of 42
ethnic communities, all with
a democratic right to an all­
inclusive national leadership.
It is politically untenable and
against the national spirit,
for two or three of the major
ethnic communities to per­
petually dominate national
leadership at the expense of
others merely on the strength
of numbers in voting.
Our Constitution can
guarantee the numbers­disad­
vantaged but demographically
diverse ethnic communities
that they too have a stake in
determining national leader­
ship in a truly representative
manner despite their minority
status.
Like­minded legislators in
the Senate and National As­
sembly are advocating for a
constitutional amendment that
will restore the confidence of
the millions who participate
in presidential elections that
their votes count and that the
person who is elected has the
mandate from a wide cross­
popular vote, but their status
to benefit immensely from a
is authenticated by "electors"
system that better promotes
chosen by popular vote on
inclusiveness and adopts the
a state­by­state basis. In the
global trend of shifting away
Kenyan case this will be on a
from plurality systems towards
county­by­county basis.
proportional representation.
We should not create the
where the election of the
To amend Article 138(4)
the legislators will deliver the
perception that some ethnic
President will be decided by
communities have no chance
Draft Bill and the supporting
counties, in which those vot­
signatures to the IEBC, which of producing a leader of na­
ing for governors, senators
tional stature simply because
and ward representatives from shall verify that the initiative
their numbers cannot equal
a particular party are taken as is supported by at least one
those of large communities.
automatic votes for the presi­ million registered voters. If
Kenya has made major steps
dential candidate of that party. satisfied the initiative meets
the requirements, it shall
in embracing democracy and
The Constitution asserts
submit the draft Bill to each
we are already plucking the
the sovereignty of the people
fruits of our Constitution.
county assembly for consid­
and allows any Kenyan using
eration within three months.
Devolution is one and the
Article 257 to collect one mil­
referendum to amend Article
If a county assembly ap­
lion signatures from all 47
proves the draft Bill, the
138(4) of the Constitution
counties and draft a Bill for
speaker of the county assem­
through a referendum is an­
amendments to be put to a
other ripening fruit which will
referendum vote. This process bly shall deliver a copy to the
speakers of the two Houses of terminate the ethnic divisions
is under way with the target
in our beloved nation.
Parliament, with a certificate
already surpassed.
that the county assembly has
There must be fairness in
Mr Muthama is Machakos Sena­
approved it. A draft Bill must tor and Senate Minority Chief
elections and any feelings of
be approved by a majority of
unfairness among the many
Whip
the county assemblies.
Mr Muthama
ethnic communities must be
Kenya's democracy will be
banished. Thankfully the Con­
stitution is there to do exactly determined by how various
that. All 47 counties must have regions feel included in partici­
pating in governance.
a say in the country's leader­
For 37 minority com­
ship to eliminate tribalism and
section of Kenyans.
Specifically, the legislators
are seeking the amendment of
Article 138(4) of the Constitu­
tion by repealing sub­article
(a) and introducing a system
make elections easier to man­
munities to have no chance
of ascending to national
leadership is a mockery of de­
mocracy. Our electoral system
is similar to the US Electoral
College system where officially should not yield dispropor­
tionate national representation
the President and Vice­
President are not only elected but be used to change behav­
iour of ethnically­based parties
directly by the voters on a
and politics. All Kenyans stand
age to the satisfaction of all.
The proposed amendment
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