Attached pls find the Bomas draft Constitutions and kindly give your comments



  1. Maru Kapkatet says:


    The Majimbo debate is threatening to put ODM’s campaign into disarray. Already, there are signs that the once-cohesive ODM Pentagon is being threatened into pulling in different directions. The ODM Vice President, Mr. Musalia Mudavadi recently stated that the ODM government will only implement Devolution after conducting a referendum on the issue.

    What Mr. Mudavadi’s statement implies to keen observers is that the ODM Pentagon is beginning to show some signs of panic and loss of confidence. ODM must fight ferociously against attempts to push this promising party into a defensive posture. Kenyans must continue to have confidence in a confident and cohesive ODM party.

    It is quite obvious that Kenyans can easily be swayed into believing that Majimboism is an evil system of government. The older Kenyans are being reminded of the Majimbo system that failed in the early years of independence. The younger Kenyans are being misled into believing that the same old Majimbo system that failed then is to be introduced. It is quite obvious that Kenyans need to be educated on what Majimboism is and on the differences between the Majimbo system of the 1960s and the Devolution laid out in the Bomas Draft. Ms. Sarah Eldekin has already written an excellent article on this topic.

    The ODM technocrats and strategists have to work overtime to produce a document clarifying what the Bomas Draft, which the ODM government plans to implement specifies on devolution. First and foremost, why did Kenyans seek a devolved system of government for their new Constitution. What did Kibaki and DP say about Devolution in their presentation to the Ghai Commission? What did the Catholic Church and other churches say about Devolution in their presentations to the Ghai Commssion?
    It is very easy to depict Kibaki as a chameleon without a principled stand by highlighting his previous stance on issues with his current stance. Mr. Kibaki lied on MOU, lied to Mr. Kombo to get him to re-join the Cabinet after the referendum, lied about re-settling displaced Kenyans, lied about knowing anything about deportation of some Kenyan Muslims, and lied about knowing about the Artur brothers. ODM must turn the Majimbo debate into an offensive weapon depicting Kibaki as an untrustworthy leader who shifts from one stance to another for self preservation.

    ODM must produce a supporting document explaining why Kenyans opted for a devolved system of government and should include in that document detailed data on the development disparities and economic enslavement that is prevalent in Kenya today. ODM must produce a chart showing how much each province in Kenya remitted to the Treasury in the last five years and how much the provinces got in return from the government.

    ODM must publish a document showing detailed data on the length of tarmarcked roads in each province, the per capita households with electricity and piped water in each province, the average income per household in each province, and the per capita levels of education attained in each province in the last five years. Prof. Nyongo was the Minister of Planning and should have no problem obtaining these data. ODM should then use these data to bring to the fore disparities in regional development in Kenya and hence on the need for devolution.

    ODM must also break down revenue generated by the main cash crops, namely Tea, Coffee, Sugar, Pyrethrum, Wheat, Barley, Maize, Timber, and Horticultural Produce and show how much farmers get for their produce, how much they lose to middlemen who in most cases are based in Thika, and why for example, the amount of Bonus paid to Tea farmers has dropped drastically since Kibaki took over. By dismantling monopolies such as KTDA, Coffee Board of Kenya, National Cereals Board, Pyrethrum Board of Kenya, Kenya Sugar Authority, and replacing them with regional bodies, the farmers will be be able to reap more from their crops by eliminating middlemen and corruption. The federal government will be responsible for finding overseas markets.

    Mr. Kibaki recently went round telling pyrethrum farmers that they will soon be paid after ignoring them for the last four years and letting the pyrethrum industry collapse. Through a devolved system of government, Kenyans will be spared this type of management where the president only take an interest on the welfare of farmers on the eve of elections. Let the farmers control the produce and marketing of their own crops at the regional level. Once upon a time, during Jomo Kenyatta’s rule, the Passion Fruit processing plant which was located in Chebilat near Sotik was uprooted and re-located to Thika. The once-thriving Passion Fruit industry in the then districts of Kisii, South Nyanza, and Kericho collapsed and has never been revived to date. With a devolved system of government, the failure of such industries will be avoided as will be economic enslavement.

    In the case of Sugar, a devolved Kenya Sugar Authority into regional Sugar Authorities will ensure that the Western Province-based sugar industry will develop faster while allowing Sugar authorities in Kericho, Bureti, Kisii, Kwale which is home of Ramisi Sugar Factory, Tana River Basin, and other new sugarcane-growing areas to develop. In the case of Wheat, the North Eastern Province, will, with assistance from the federal government be able to seek funds from rich Muslim countries to develop the growing of wheat in North Eastern Province.

    With a devolved system of government, it will mean that the Eastern Province will be able to have more control over the region’s water and use it to increase the acreage under irrigation within their region than is the case now where their water is taken all the way to Nairobi to irrigate flower farms in Karen.
    Kenya is for all Kenyans and it should be the goal of every Kenyan to help their brothers overcome poverty. With a regionally-based control of resources, there will be more co-operation and inter-regional visits amongst Kenyans. For example, the Coast Province Sugar Authority will be able to sign a collaborative agreement with Western Province Sugar Authority.

    With a devolved system of government, internal tourism industry will be spurred to higher growths, the negative impacts of tribalism will be reduced because every Kenyan regardless of ethnic origin will learn to value, take pride, and build their region of domicile. All Kenyans, irrespective of ethnic origin, who live in and around Eldoret will take pride in and promote the growth of Eldoret International Airport. All Kenyans, irrespective of ethnic origin, and who live in and around Kabarnet will not let the town be economically-choked out of existence out revenge for one person, who happen to come from the area and to have been president of Kenya. An economically-thriving Kabarnet will have desired domino effect on the economies of Nakuru, Eldoret, and Kenya as a whole.

    It is very sad that Kenya is now being held hostage by selfish old men and hypocritical church leaders with closed minds and who only see Kenya in terms of the future of their children or ethnic domination and enslavement. I appeal to all Kenyans, and especially to the younger generation and professionals, to consider the future of Kenya. Devolution will not only build Kenya but it will also bond Kenyans. Let us go for it.

  2. tim says:

    i think the best way to counter PNU’S blubber about majimbo is to lay out in some newspaper an advert on both the WAKO and BOMAS drafts respective clauses on devolution.
    i.e ,PNU are opposing devolution just because ODM beat them to support it

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