A shipwrecked man cast up on the beach fell asleep after his struggle with the waves. When he woke up, he bitterly reproached the Sea for its treachery in enticing men with its smooth and smiling surface, and then, when they were well embarked, turning in fury upon them and sending both ship and sailors to destruction.
The Sea arose in the form of a woman, and replied, “Lay not the blame on me, O sailor, but on the Winds. By nature I am as calm and safe as the land itself: but the Winds fall upon me, and lash me into a fury that is not natural to me.”
In 2018, the country set into a new journey following the handshake between President Uhuru Kenyatta and ODM leader Raila Odinga. As a result, Kenya is now on course to the first amendment to the 2010 Constitution and the wind of change is clearly steering that ship.
Last week Parliament started the much-awaited debate on the BBI Constitution of Kenya (Amendment) Bill, 2020. Almost immediately, Parliament seemed like the Tower of Babel, with different camps emerging seeking different interests, speaking in different languages.
While MPs have the right to interrogate the Bill and give their varied views, it must not be lost on all of us that the Bill arises from a constitutional right that Kenyans hold. Article 1 of the Constitution states that all sovereign power belongs to the people of Kenya, and may exercise it either directly or through their representatives.
From some of the comments made by MPs on the floor of the two Houses, it is clear that there are those who are focused on usurping the will of the people for narrow political interests.
Kenyans have expressed their willingness to exercise their sovereign power directly, and are eager to vote on the BBI Bill. Through BBI, Kenyans exercising their sovereignty spoke in large numbers on what they would want to see changed in the Constitution.
Some quarters in Parliament, especially the Senate, have decided to supersede this power by their willingness to amend a document that has been initiated by a popular initiative.
It is clear from Article 257 that Parliament does not have the freedom to alter the popular initiative. This is why even the county assemblies could not change the Bill when the MCAs considered it.
The various interpretations that MPs are floating go against Article 1 of the Constitution as they seek to alter the will of Kenyans in amending the Constitution in the manner they deem fit.
Kenyans can decide whether the Bill proposed by a section of the population meets their aspirations once the Bill gets to a referendum. It is at the referendum that Kenyans should decide any Bill that arises from a popular initiative.
Though Parliament has the role of legislation, their time will come when the various Bills to give life to the Constitution provisions are brought to the House. It is during that time that Parliament can exercise its legislative role.
Parliament must listen to the will of Kenyans and ensure that their desires are heeded in a referendum, and get to vote on an unaltered document. Changing the Bill would alter the initial wishes of Kenyans when they made their proposals on BBI, which means that they would be asked to vote for something different at the referendum.
The MPs must therefore limit their work on the Bill before them to dealing with the flow and accuracy and should not in any way alter the structure of the proposals made by Kenyans.
The changes that Kenyans envisaged in BBI are aimed at making the Constitution better while ensuring that the country deals with its past inadequacies. And because Kenyans decided that’s what they want when they signed to the Bill, this means that the ship sailed and only the winds of change can alter its direction.
As the Bill comes for voting this week, Parliament must be wise in its decision and ensure that MPs uphold their duty to protect the Constitution – in this case, Article 1 of the Constitution.
