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CMD NEWS

THE MULTI-SECTORAL NATIONAL CAMPAIGN
Posted | 2010-06-09
Author/Source | YES Team and CMD Kenya

YES LOGO

YES LOGO

THE MULTI-SECTORAL NATIONAL CAMPAIGN C/O The Centre For Multi-Party Democracy (CMD)-Kenya

June 9, 2010

Press release

THE SCENARIOS IN THE CASE YES OR NO WINS

The Multi-sectoral National YES campaign notes that the constitution making process is inching closer to its climax with the passing of each day. We now are only 56 days to the make or break August 4, 2010 referendum.

Opinion polls have shown that the YES movement is leading with an average of 60% majority. The goal of the Multi-Sectoral National YES campaign is to secure at least 76% endorsement of the Proposed Constitution at the referendum. We are confident Kenyans will give unto themselves a new democratic constitution that will set the foundation for the various reforms that have been sought for so long. Without a new constitution, Agenda number four reforms stand in peril.

But what really will happen if in the unlikely event, NO wins the day?

• The effort for a new constitution will be brought to a screeching halt. Kenyans shall suffer under the tyranny of this current constitution, which has 36 fundamental loopholes, for yet a long time to come as there will no longer be the momentum for a new Katiba. The champions for change will have suffered a decisive defeat and national fatigue will be entrenched within the nation.

• Impunity, malgovernance and poor leadership will have received a shot in the arm. The lords of impunity will regain their driver’s seat and continue to plunder the nation with impunity. Moi and anti reformers will even claim they were right that Kenyans never wanted a new constitution.

• The Coalition Government will lose its moral authority to govern and will have no basis for being in office and power thus returning the country to where it was at the 2007 PEV. Our courts could not even arbitrate over the presidential elections dispute because 97% of Kenyans do not have confidence in the Judiciary. Remember that Kenya’s institutions have collapsed so badly that we can not even investigate and prosecute those who killed Kenyans in the post election violence. We are a partially failed state that needs new and legitimate institutions.

• All the pillars that have promoted the agitation for a new constitution will be NO more confident to carry on with reforms. Reformers shall scatter.

• The lie about another referendum in two months after this August referendum is just that- a cheap lie. The Constitution of Kenya Review Act (2008) expires after the referendum. We all know that a ‘NO’ vote means no constitutional reforms for another ten or so years. Remember that we have reached this stage because we have the PNU and ODM allied parties all in government and supporting the constitution. Without political consensus and political good will, a new constitution can not be negotiated and settled for.

• Remember that the church, individual politicians and citizen do not have a capacity to promise the nation a review process, national security and the cohesiveness of our country after the August 4 referendum.

And what if the YES has it?

• A foundation for Agenda four reforms shall have been laid; a new judiciary, a new police service, land reforms, respect for human rights, action on corruption and impunity etc.

• There will be a renewed sense of freedom and excitement that will need the people and the state agencies to learn to work together in promotion of the new constitutional ethos.

• There will be new challenges for the very many new legislation that will need to be passed to implement it. Parliament will be very busy.

• We expect a sense of hyperactivity as new opportunities emerge and some measure of increased investment in education, ICT, infrastructure, medicine, food security, security, research etc.

• Momentum for the consolidation of the East African community.

• Greater confidence and optimism in the people of Kenya will be evident.

• Closer working ties with the international community as a result of Kenya entering the comity of civilized nations.

• Devolved government will create jobs at the grassroots level.

These reforms and opportunities can only be guaranteed by a responsible and coherent government. That is what Kenyans will get if they voteYES.

We as the Multi-Sectoral National YES Campaign therefore can see why Kenyans Need to vote YES to realize the YES scenario. The following 10 reasons are why Kenyans should individually, as a communities and as a nation vote YES;

TEN (10) REASONS WHY YOU SHOULD SAY .YES TO THE NEW CONSTITUTION.

1. Because its 100% good.
o It’s a product for all Kenyans.

o A product of more than 20 years struggle hence matured.

o We were not looking for a perfect constitution. We were searching for a good constitution. There is NOT going to be a near chance for a new constitution after the coalition government collapses. The NO politicians could be plotting the collapse of the coalition government.

2. Because it secures the continuity and reassurance of the reform agenda.

o It provides impetus for most of the reform contemplated in agenda 4 of the national accord.

o Agenda 4 and other fundamental reforms are the only agenda on the table for the coalition government without which its continued existence cannot be justified.

3. Because it provides best opportunities for wealth creation, poverty eradication and political empowerment.

o Creates new and more jobs.

o New and more investment opportunities.

o More young people will get opportunities in political leadership.

o Women and people with disability are now included in representation in both elective and appointive offices.

o Decision making, grass root level accountability and effective participation introduced.

4. Because corruption and abuse of office/ power loopholes sealed.

o Senior appointments will be approved thus no single person makes whimsical decisions or appointments.

o Corrupt individuals banned from holding public office.

o Moral behavior of public office enshrined.

5. Imperial presidency has been removed.

o All senior appointments to be vetted by parliament.

o All cabinet appointments to be vetted by parliament.

o President liable to impeachment.

o President will not determine the calendar of parliament.

o Election times clearly stated so it cannot be used as secret weapon.

6. Because it recognizes and enshrines human dignity.

o State mandated to respect fundamental rights and freedom.

o State to ensure no one lives in squalor

o All forms of human life including foetal life respected and enshrined.

o Abortion NOT permitted except when it is compelled by medical condition threatening life.

o Moral compass for all people protected by outlawing unacceptable practices and entrenching religious freedoms.

7. Because it promotes equity in the access, use, regulation and management of land.

o Recognition and entrenchment of environmental rights and duties.

o Preservation of community lands.

o Preservation of private ownership.

o Removing ownership of land for ten centuries (millennium) to acceptable lifelong leaseholds.

o Providing for various forms of redress without violating sanctity and dignity of life.

8. Because it establishes an independent, impartial and competent judiciary.

o A new independent and impartial Judicial Service commission.

o Deals with mediocrity and partiality within the judiciary.

o Strengthens the various branches of the judiciary thus reducing potential for corruption, incompetence and nepotism.

o Legalizes the opportunity and mechanism for class action and representation of poor people by friends and relatives. (Cases such as where Edith Matiba was denied the right to sue on behalf of her husband, Kenneth Matiba will now not arise).

9. Because it enhances legislative accountability.

o Citizen empowered now to recommend business to parliament.

o Business of parliament will be accessible and open.

o Procedure for insulating county government and their citizen against adverse parliamentary action put in place.

10. Because it improves national and personal security.

o Unhealthy competition between regular and administration police to end through singular command.

o County security instruments to be headed by elected governor who will be more accountable to electorate.

o National accountability to parliament by security agencies will enhance our national and individual security and safety.

Kenyans should prioritize nationhood with morality because these two are complimentary and not at conflict. The Church has introduced a false choice between morality and nationhood. Unfortunately they have been joined by some individual politicians who are acting against the position of their parties in this reckless and Kamikaze enterprise. They are risking the stability and prosperity of our nation. They want us to trust the future of Kenya with individuals not institutions. Our position is that we can secure our nationhood and establish strong morals and ethics where abortion and other undesirable practices that undermine the social fabric do not become a choice.

1. Alice Wahome, Vice-Chair CMD Kenya

2. Peter Kariuki Chair, Campaign Steering Committee

3. Haron Ndubi Chair, Campaign Technical Committee

4. Njeri Kabeberi Executive Director CMD-Kenya/Campaign Strategy and Coordination

5. Cyprian Nyamwamu, SOJ Chair, Campaign Strategy and Coordination

ON BEHALF OF THE MULTI-SECTORAL NATIONAL YES CAMPAIGN

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