A Campaign for the 1st Amendment to the Constitution of Kenya, 2010.

Transcription

1 FROM THE TYRANNY OF NUMBERS TO THE SAFETY OF NUMBERS A Cmpign for the 1st Amendment to the Constitution of Keny M4M The Mrch 4th Movement Eul United Prosperous

2 LuoOn t d o i k e o k P O i r d o n m o N Mrkwet Kipsigis Elgeyo Klenjin Tit T li hi ve t w S T u i r l k m n o S Rendile uri K M i si s Ki i u S y en u g ik w K e r Kmb Tugen Luhy Buk u bu su m M E r d m n e K T i ij ch M o n u i r Me Chonyi Digo Du r u h m k u s G I i r i i l o m g r J ib M n Ribe Rb i O m r u m K P o b ko m m o K Smburu nd united fo l r p u ro s E perity The Mrch 4th Movement Eul United Prosperous M4M M4M

3 ABOUT THE MARCH 4TH MOVEMENT The new Constitution ws supposed to cure the dngerous polristion of the Kenyn Stte long ethnic fultlines during presidentil elections. Unfortuntely Keny s first generl election under the th Constitution on Mrch sw worse polristion of the country due to heightened mobiliztion of ethnic blocks. Within this construct new provoctive concept of the tyrnny of numbers ws introduced mening tht it is only cndidtes from the lrger tribes who re entitled to nd cn ly clim to the ntion s presidency becuse of the numericl strength of their communities. This degenertion of democrtic elections into zero-sum politicl competition between ethnic groups or llinces does not only threten the unity of the Stte; it denies the country development since it does not llow leders to emerge on the bsis of the policy pltforms they rticulte. th The Mrch 4 Movement is politicl lobby borne out of the reliztion tht Keny is fced with mjor problem tht could in future snowbll into violent ethnic conflict when some tribes or llinces cpture the Stte nd monopolize power to the point where others feel excluded with no chnce of ever ruling or influencing power. The noble gend of the Movement is to sve the country from sliding into the byss tht is ethnic conflict by collecting the one million signtures reuired to mend the Constitution vi populr inititive. The Movement clls upon ll Kenyns of goodwill nd who desire the best for our county to join in the st drive towrds the 1 Amendment. Your prtnership support nd ctive prticiption is reuired to mke Keny better plce for posterity where ll ethnic communities re eul united nd prosperous. Eul United Join the Cmpign! Prosperous

4 The Mrch 4th Movement Eul United Prosperous Problem = Tyrnny of Numbers Solution = Sfety of Numbers The Million Signture Cmpign 1

5 The Mrch 4th Movement Eul United Prosperous STATEMENT OF THE PROBLEM Keny is multi-ethnic Stte composed of 42 officilly recognised tribes but since independence 50 yers go only two tribes the Kikuyu (Kenytt Kibki nd Uhuru) nd the Klenjin (Moi) hve ruled Keny. This hegemony goes ginst both the chrcter of the Kenyn Republic nd the Constitution. Presidentil elections re no longer bout ideologicl nd policy pltforms; they hve degenerted into mere census of tribes with the numericl strengths of the ethnic group(s) bcking cndidte determining the outcome. 2 The Million Signture Cmpign

6 The Thret of Tyrnny of Numbers The Mrch 4th Movement Eul United Prosperous Triblism hs become so entrenched tht lrge tribes disregrd the lw which sttes tht voting is voluntry in Keny nd forcibly mobilise their tribesmen to register nd vote en mss for their ethnic presidentil cndidtes. This tribl rithmetic mens tht cndidtes from smller tribes hve no chnce of ever becoming president resulting in voter pthy. Also once elites from smller tribes figure out tht they cn t be elected to the presidency becuse of the smll numbers of their ethnic groups they will seek power through non-democrtic mens. The Million Signture Cmpign 3

7 The Mrch 4th Movement Eul United Prosperous Proposed Solution The Constitution should be mended: Ø To remove the one-person-one-vote lcun (shortcoming) in the presidentil elections tht hs been exploited by tribl elite for lrge ethnic groups or llinces to dominte others. Ø To estblish presidentil electorl system where ll ethnic groups lrge nd smll feel sfe nd importnt in the running of ntionl ffirs especilly s embodied in the election of the President nd the Deputy President who re symbols both of ntionl consensus nd of the unity of the Republic. Such system is only possible where the President nd the Deputy President re elected by populr vote on county-by-county bsis nd not in populr vote ntionlly. 4 The Million Signture Cmpign

8 Sfety of Numbers The Mrch 4th Movement Eul United Prosperous The beuty of Keny's diversity is tht there is no mjority tribe; there re lrge tribes but none is more thn 50% of the popultion; the lrgest ethnic group the Kikuyu mke up for less thn fifth of the totl popultion. The 2009 census figures give the ethnic composition s follows (out of totl popultion of 38.6 million): Kikuyu 17% Luhy 14% Klenjin 13% Luo 10% Kmb 10% Kisii 6% Mijikend 5% Meru 4% Turkn 2.5% nd Msi 2.1%. About 9% of the popultion consist of smller groups below 1% ech nd non- Africn groups (Arbs Indins & Europens) re estimted t 1%. In relity therefore Keny hs sfety of numbers nd not tyrnny of numbers mong its ethnic groups. The Million Signture Cmpign 5

9 The Mrch 4th Movement Eul United Prosperous The Lw nd the Sfety of Numbers By lw being free open nd democrtic society Kenyn ethnic groups re held together by consensus not by force nd therefore ll communities must hve system tht llows them to influence how executive power is cuired nd deployed? The tyrnny of numbers is product of Keny s flwed electorl system which negtes the principle of eulity nd euity mong Keny s ethnic groups upon which the Republic is founded. The idel system should be one which renders ethnic numbers nd colitions untenble since to win n election presidentil cndidte would hve to seek votes from ll corners of the Republic. Therefore the Constitution ought to be mended to engender presidentil electorl system where ll ethnic groups feel sfe becuse no ethnic group or llinces cn dominte others. 6 The Million Signture Cmpign

10 We Adopted the US System Hlfwy The Mrch 4th Movement Eul United Prosperous Keny dopted the US Presidentil system without its underpinning principles nd vlues. Founders of the multiethnic USA designed system which gives ech stte voice in the election of the President so tht even smll sttes hve politicl influence ntionlly. The USA elects its politiclly powerful President nd Vice President vi n electorl system designed to ensure both the election of the President through populr vote nd to protect the interests of ll the Sttes irrespective of their popultion size. The President nd Vice President re elected by populr vote on stte-by-stte bsis. Cndidtes cn win without getting the highest number of votes ntionlly but by winning the mjority of the sttes. The Million Signture Cmpign 7

11 The Mrch 4th Movement Eul United Prosperous Applying the Full US System to Keny Multiethnic Keny too should elect its president using county-bsed system to ensure ll tribes hve politicl influence ntionlly. Like with the Sttes in the USA ech county shll be pportioned Presidentil Electorl Votes eul to the number of its elected officils. In Keny tht being the Governor Sentor nd Members of the Ntionl Assembly including the Women s Representtive so tht ech county's vote is proportionl to nd is representtive of its popultion. In Keny there would be 431 Presidentil Electorl Votes being 47 Governors 47 elected Sentors 290 Members of the Ntionl Assembly nd 47 Women Representtives. 8 The Million Signture Cmpign

12 Election of the President The Mrch 4th Movement Eul United Prosperous A cndidte who wins the populr vote of prticulr county lso wins ll the Presidentil Electorl votes in tht county on "winner-tke-ll" bsis. To be elected President one would hve to get t lest 216 votes being more thn one-hlf of the possible 431 Presidentil Electorl Votes. To put together the right combintion of counties tht will give cndidte t lest 216 Presidentil Electorl Votes one would hve to cmpign ntionlly nd not triblly. Should none of the cndidtes win 216 Presidentil Electorl Votes runoff between the top two cndidtes would hve to be conducted. The Million Signture Cmpign 9

13 The Mrch 4th Movement Eul United Prosperous County System Elimintes Rigging The incentive to rig presidentil elections in strongholds where cndidtes come from will be eliminted since inflting votes in n re won't chnge the number of Presidentil Electorl Votes tht the ffected county cn produce. Becuse figures inflted in county cnnot ffect votes ntionlly s is the cse tody vote fruds will only ffect the elections in the specific county nd will be delt with loclly. Since county bsed electorl system will engender the sfety of numbers nd not the tyrnny of numbers the tribl diversities of Keny s peoples will become the building blocks of stble democrcy where ll ethnic groups nd regions re importnt ntionlly becuse they ll ply n importnt role in the election of the ll-importnt President nd the Deputy President. 10 The Million Signture Cmpign

14 County System will Tme Triblism The Mrch 4th Movement Eul United Prosperous Wheres this block voting system gives more power to the counties with higher popultions it lso llows for counties with fewer people to swing n election. Becuse members of tribes cn only ct loclly within their county when electing the President this will undermine the suffocting hold tht triblism hs on Keny. By moving the country wy from the current sorry stte of ffirs where lrge tribes use their numericl strength to tyrnnise smller ones the system will reuire tht Kenyns elect their president on populr policy pltform. This will boost the process of devolving power from Nirobi improve locl governnce nd reduce mrginlistion nd the risk of violent conflict between communities. The Million Signture Cmpign 11

15 Presidentil Electorl Votes Per County CONSTITUENCY REPRESENTATIVES (MPs) GOVERNOR SENATOR WOMEN REP PRESIDENTIAL ELECTORAL VOTES POPULATION COUNTIES 2009 CENSUS Mombs Kwle Kilifi Tn River Lmu Tit Tvet Griss Wjir Mnder Mrsbit Isiolo Meru ThrkNithi Embu Kitui Mchkos Mkueni Nyndru Nyeri Kirinyg Murng Kimbu Turkn West Pokot

16 Presidentil Electorl Votes Per County CONSTITUENCY REPRESENTATIVES (MPs) GOVERNOR SENATOR WOMEN REP PRESIDENTIAL ELECTORAL VOTES POPULATION COUNTIES 2009 CENSUS Smburu Trns Nzoi Usin Gishu El/Mrkwet Nndi Bringo Likipi Nkuru Nrok Kjido Kericho Bomet Kkmeg Vihig Bungom Busi Siy Kisumu Hom By Migori Kisii Nymir Nirobi TOTALS

17 The Mrch 4th Movement Eul United Prosperous Steps to Amend the Constitution Under Article 257 of the Constitution of Keny 2010 the steps of mending the Constitution through populr inititive re: Rise one million signtures from voters Develop Constitution Amendment Bill Get the Bill pproved by t lest 24 counties Get the Bill pproved by Prliment President signs the Bill into lw If Prliment rejects it the Bill goes for ntionl referendum. 14 The Million Signture Cmpign

18 The 1st Amendment The Mrch 4th Movement Eul United Prosperous Article 138 of the Constitution should be mended through the populr inititive to provide for the election of the President nd the Deputy President by populr vote on county-by-county bsis s opposed to the current system where they re elected in populr vote ntionlly in process which hs been reduced to n crimonious census of tribl numbers prone to electorl frud nd which mrginlises sprsely populted regions nd smll ethnic groups in wht is now provoctively referred to s the tyrnny of numbers. The Million Signture Cmpign 15

19 The Mrch 4th Movement Eul United Prosperous Join the Cmpign M4M is sponsored by: Kenyns for Justice nd Development (KEJUDE) Trust Room 4 Floor B1 Western Wing Block A NSSF Building P. O. Box Nirobi. Tel: / / ; Fx: Emil: info@m4m.com; Eul United Website: Prosperous 16 The Million Signture Cmpign

20 Signture Collection Form for Amending the Constitution through Populr Inititive (Article 257) We the undersigned registered voters propose to mend Article 138 of the Constitution to provide for the election of the President nd the Deputy President indirectly by populr vote on county-by-county bsis s opposed to the current system where they re elected directly in populr vote ntionlly in process which hs been reduced to n crimonious census of tribl numbers is prone to electorl frud nd which mrginlises sprsely populted regions nd ethnic groups in wht is clled tyrnny of numbers NAME OF VOTER ID/PASSPORT NO. VOTERS NO. SIGNATURE/LHT Eul P. O. Box United Nirobi. Tel: 0717 Prosperous Sponsor: Kenyns for Justice nd Development Trust Room 4 Floor B1 Western Wing Block A NSSF Building 17

21 NATIONAL ANTHEM O God of ll cretion Bless this our lnd nd ntion Justice be our shield nd defender My we dwell in unity Pece nd liberty Plenty be found within our borders. Let one nd ll rise With herts both strong nd true Service be our ernest endevour And our homelnd of Keny Heritge of splendour Firm my we stnd to defend Let ll with one ccord In common bond united Build this our ntion together And the glory of Keny The fruit of our lbour Fill every hert with thnksgiving. WIMBO WA TAIFA Ee Mungu nguvu yetu Ilete brk kwetu Hki iwe ngo n mlinzi Ntuke n Undugu Amni n uhuru Rh tupte n ustwi. Amkeni ndugu zetu Tufnye sote bidii Nsi tujitoe kw nguvu Nchi yetu y Keny Tunyoipend Tuwe tyri kuilind Ntujenge tif letu Ee ndio wjibu wetu Keny isthili heshim Tuungne mikono Pmoj kzini Kil siku tuwe n shukrni The Mrch 4th Movement Eul United Prosperous 18 The Million Signture Cmpign

22 47 Counties of Keny

23

24 The Mrch 4th Movement Eul United Prosperous Becuse of the tyrnny of numbers Stte Power hs never left this room