Finally, the Wiper Movement Party boss H.E Kalonzo Musyoka has issued his statement after the High Court decision to trash Proposals to amend the constitution – BBI. Below is his length statement.
As a democratic nation, our values are drawn from the respect for the rule of law, separation of powers, and respect of the people’s freedom, whose supremacy is protected by Article 1 of the Constitution of Kenya 2010. The long unwinding journey of Kenya’s democracy is a tale of a people’s resilience, dedication, focus, and untold sacrifice.
I would like to appeal to all Kenyans, ordinary citizens, politicians, and judges to extend necessary respect to all institutions created by the Constitution. It is improper to see the institution of the presidency disrespected. The person holding the Office of the President, and the institution of the presidency must be accorded the highest regard.
Kenya’s constitution-making process has never been easy or short. From the first efforts recorded by the Lancaster Conference initiatives of 1963, the patriotism of Kenyans has always led to wider and richer democratic gains.
The struggle for multiparty democracy saw Kenya go through decades of struggle, commitment, and sacrifice, but above all, an unmatched relentlessness to strengthen the fabric of our democracy, and the entrenchment of the rule of law.
The push for a new constitutional dispensation from 1997 through the change of regime under the NARC Government saw a strong push for constitutional reforms that led to the 2005 referendum where Kenyans resoundingly rejected the proposed constitution.
The struggle did not stop there. It did not die. Kenyans have never been known to give up or to settle for less. After the post-election violence of 2007/08, the quest for a new constitutional order became not only necessary but urgent.
Renewed in strength, and committed to mutual national interests, the struggle for e new constitutional order saw us head to the referendum again in 2010, after protracted struggles and negotiations, a process that was midwifed by the Constitution of Kenya Review Commission, a platform that brought together a representation of Kenyans from every quarter.
This culminated in a truly new constitutional dispensation after the people, through a referendum, ratified, adopted, and gave themselves the Constitution of Kenya (2010).
That new Constitution was not perfect, and that is why that referendum was hotly contested.
After more than 10 years of implementation of the Constitution of Kenya (2010), the country has had conversations with itself, with a view to make various changes, proposed by the promoters of the amendments.
Kenyans have always been keen to have strengthened institutions, propagation of the Rule of Law, and keeping the Bill of Rights alive through a living Constitution. We also celebrate the strengthening of the judiciary through the establishment of the Supreme Court to handle inter alia presidential election petitions.
It is with this history that we find ourselves at yet another point of our evolution under the BBI process. As a nation, even though we may occasionally disagree on a number of issues, we have always eventually pooled together for the sake of our future. In this regard, we must seek common ground as a One Indivisible Country Kenya and chart the way forward on the matter of the BBI.
Remember that before BBI we are first a nation under God, a united people by the common purpose of nation-building. The BBI may not be a perfect document but it espouses key ingredients of the Bomas draft of 2003.
Now the High Court’s decision has stopped the BBI process.
Personally, I do not agree with the judgment. But I cannot vilify the judges. In the all-important role of nation-building, we must exercise restraint from anything that could plunge the nation into a crisis. We must all respect the institution that the judiciary is. As far as the BBI is concerned we are guided by the rule of law and our right to appeal the decision of the high court at the Court of Appeal. No one promised us a quick or smooth journey. So we must stay the course.
On this basis, I also ask all Kenyans of goodwill to respect due process and respect our judiciary. It is neither wise nor helpful to disparage the judiciary on account of the High Court Judgment. Even though some of us may disagree with various declarations made in that high voltage judgment, we can disagree without being disagreeable.
The primary intent of BBI is to build real national bridges, not divisions. To build and sustain national ethos, values, and more cohesive society.
That kind of mature democracy means that we may not always agree, but we can always respect one another, and most of all, respect of Constitution, and the institutions it has created.
Our evolution as a nation continues, and our democracy grows by the work of our hands.