Deputy President William Ruto on Monday outlined his reservations on the proposed Building Bridges Initiative (BBI) constitutional review report which was being launched at the Bomas of Kenya.
By Ndung'u Wa Gathua
But despite the resistance from a section of the audience that jeered him, DP Ruto would put a brave face as he poked holes on a raft of proposals that touch on the Executive, Parliament, Judiciary, IEBC and the Police.
"Today, you may have the latitude to do what you think is right by you. Tomorrow, the shoe will be on the other foot," Ruto warned amidst jeers.
Elephant in the Room
On inclusivity, Ruto asserted that the BBI does not address what he termed as "the elephant in the room."
"Explain to me how having a President who will appoint the Prime Minister from the winning coalition and runners up being opposition leader will sort out the ‘winner-take-it-all’ question. Forgive me if I’m slow," Ruto said.
Download PDF: Here is the Final BBI Report (3MBs)
On IEBC he would say: "Let me say, the recommendations that I have read say political parties participate in the appointment of commissioners in IEBC. My brother Raila Odinga is good in football, let me try and ask, how fair will be a league, where the referee is appointed by teams and not all the teams, some teams. How fair will this league be? If you persuade me will have a fair game, fine. If that what we are saying, I have my reservations."
Police
Ruto also expressed his reservations on the proposal to abolish the National Police Service Commission and have it replaced it with the Kenya Police Council to be chaired by Interior Cabinet Secretary.
This he argued will take away the independence of the commission exercising oversight functions on the police as currently constituted in the Constitution (2010).
"The 2010 constitution was very clear that the police act independently of any politicians, whether they are in government or in opposition. To recommend a police council shared by a CS, it is actually a derogation from the independence of police. We must be careful on where we are going," the DP submitted.
My Take
While among the BBI staunch supporters these reservations by the DP may not make much sense now, it is only wise that Kenyans tread with caution on the contested issues or rush to adopt the document as it is, and then after a few years begin grumbling and crying wolf on how the document has been unfavourable and unfair to them.
Renowned 18th century English author Samuel Croxall once remarked, "wicked counsellors advise, and ignorant princes execute those things which afterwards they often dearly repent."
Croxall adds that, "bad laws result from the blind stupidity, from which a State is not able to extricate itself, while bad projects are encouraged by the rash accession of those who never considered how they were to get out, till they had plunged themselves irrecoverably into them."
The authors remarks are absolutely in tandem with the fable of the two frogs which teaches us to do nothing without regard to the consequences.
The Two Frogs
A story is told of two frogs that dwelt in the same pool. When the pool dried up under the summer’s heat, they left it and set out together for another home.
As they went along they chanced to pass a deep well, amply supplied with water, and when they saw it, one of the frogs said to the other, "Let us descend and make our abode in this well: it will furnish us with shelter and food."
But the other replied with greater caution, "But suppose the water should fail us. How can we get out again from so great a depth?"
Closing Argument
From the fable, it is clear that we should look before we leap as pertains some of the BBI proposals.
We should not undertake to just have the document passed, without considering first, what the event of it will be like, and how we shall be able to come out should we find ourselves having a need to do so.
For indeed, a good general does not think he diminishes anything of his character, when he looks forward beyond the main action, and concerts measures, in case there should be occasion, for a safe retreat.