CONSTITUTIONAL REFERENDUM Is A Must Before 2022

By Ogunyo Thiring’inyi

We need a radical change. The way we elect the Head of State is the problem. Can we try the American electoral college system using our 47 counties as the benchmark or we henceforth revert to parliamentary system as envisaged in the Bomas draft. Whoever says there is no time for constitutional changes/referendum is playing dangerous politics may be intentionally.

If close to 37 minority communities in Kenya have no chance of ever ascending to presidency or national leadership, no one ought to play politics around this debate. Can we be a constitutional democracy when our electoral system only yields disproportionate national representation while politics remains ethnically based, producing presidents turning office into a place for entrenching tribal hegemonic tendencies contrary to the law?. Do we deserve that ?.

ELECTORAL COLLEGE

We have 43 ethnic communities spread in 47 counties, all with democratic right to an all-inclusive national leadership. In America, the 50 states selects a president and not the people. The only highest ranking US official elected by people’s direct popular vote are State Governors. In Kenya, the 47 counties can do. Each can be entitled to a vote or two to determine who ultimately becomes the president and not tyranny of votes from populous communities.

REASONS FOR COLLEGE SYSTEM..

American founding fathers had BASIC reasons why its dangerous to put election of a President ONLY in the hands of the people:

–One, a popular election of a Head of State is radically vicious. There is bound to be ignorance of a particular population/people that they may put into power a “dangerous character” acting in concert by deluding them. (this could have saved us from ICC duo in 2013.)

–Two, the size and extent of America renders direct presidential election impossible. People have no requisite capacity to know the “real characters” of the candidates or judge their respective pretensions correctly. (this happens in Kenya…)

–and Three, many people are generally not informed and would be mislead or be corrupted to vote for bad characters eg thieves, murderers, vengeful ones…(in Kenya we vote on the basis of who gives what..)

NB: American founding fathers saw it dangerous that placing that ultimate elective power into a “single set of human hands” was politically naive and dangerous for a great nation. That “tyranny of majority” that is sinking Kenya today was rejected in America in the year 1787. They created Electoral College System to insulate elections of a Head of State from the whims of ethnicity or the tyranny of popular vote..

MY POINT;

–We need a system that promotes inclusiveness and adopts the current global trend of shifting away from political plurality to PROPORTIONAL REPRESENTATION.

— We need to debunk the perception that certain ethnic communities have no chance of producing a national leader because of their small numbers as compared to large communities.

Omiyo necessary constitutional amendments and referendum are very necessary but waters are muddled and politicised for selfish ambitions.

Thiring’inyithesis

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