RUBIA SAYS NO

Charles Rubia, a veteran of the second liberation who suffered immensely fighting for change during the Nyayo era, has broken his silence on the proposed constitution.

But he is making an unexpected call: reject the proposed constitution.

The former Cabinet minister, who was detained for pushing for the re-establishment of multi-party democracy, says he arrived at that decision after realising the country would be divided after the August 4 referendum.

“There is do doubt we need a new constitution but let us make some desired amendments now and not later as some people have been advancing.

Green and Red

“The draft law has split the country into Green and Red. Let the government withhold it to give Kenyans time to put their house in order and accommodate the feelings of Kenyans opposing it,” he told the Sunday Nation.

But the Interim Independent Electoral Commission has ruled out the possibility of postponing the referendum saying it was cast in stone.

Mr Rubia is particularly uncomfortable with the chapters on devolution, especially the structure of counties, the Bill of Rights and amendment of the constitution.

He said Chapter 16 on amending the new constitution is academic.

“It makes it almost impossible to change the draft,” he said.

The chapter stipulates that certain sections of the Constitution such as the Bill of Rights can only be amended with the approval of people through a referendum while others would require the support of a million signatures.

“It would even be more difficult because the amendments must be approved by both the Senate and the Lower House,” he said.

On the Bill of Rights, Mr Rubia said he is opposed to clauses in the draft allowing members of the police service to picket or go on strike.

“No Kenyan with a sincere heart can support such a constitution,” he said.

But the draft, in Chapter 4 under the Limitation of Rights and Fundamental Freedoms, states that a provision in legislation may limit the application of the rights or fundamental freedoms – including assembly, demonstration, picketing and petition – to persons in the Kenya Defence Forces and the National Police Service.

Mr Rubia said the proposed 47 counties in the draft were created along tribal boundaries and, if approved, the new structure would fragment the country into “village states”.

“We would be tribalising the country,” he said. He said some counties, especially those in dry regions, should continue to be “maintained” by others.

The former minister also reckons that the draft has “a lot of foreign input which is not good for Kenya”.

American governance

“We are blindly borrowing American governance structures and titles such as governors for county heads,” he said, further accusing the US of bullying Kenyans to pass the draft.

Mr Rubia’s opposition to the draft interestingly thrusts him into the company of former President Daniel arap Moi, who detained him in 1990.
But probably intriguing is the unexpected position given his contribution to ensure a more open and democratic Kenya.

Other leaders who were detained for pushing for reforms include Kenneth Matiba, Raila Odinga, Gitobu Imanyara and Dr John Khaminwa in the run- up to the aborted Saba Saba rally of 1990.

The majority of the Saba Saba men are in the front line of the ‘Yes’ campaign.

Mr Rubia said his contribution in the push for multipartyism was worthwhile.

“I look at the Saba Saba events with a lot of nostalgia and a feeling of success,” he said. “But I also feel a sense of betrayal because the multi-party philosophy was hijacked by its opponents. Much of the cause which we fought for was lost. We were betrayed.”