It is not possible to have constitutional amendment that is supported by everyone. That is why referenda are held, so that people who support the amendments can vote YES, and those opposed can vote NO.
In a democracy, if YES wins, then the constitutional amendments are effected. If NO wins, then the amendments stand rejected.
That is what Kenya needs to do – go for REFERENDUM – because trying to achieve BBI “consensus” is just a waste of time.
The 2010 constitution removed the “winner-takes-it-all” clauses in the old constitution and spread power around various institutions.
Judiciary was made more independent. Judges could no longer be sacked by the president. Result? Judiciary became more corrupt than at any time in Kenya history.
Vice President became Deputy President, who couldn’t be sacked by the president. Result? Current Deputy President has engaged in the biggest theft of public funds since independence.
Therefore, removing “winner-takes-it-all” from Kenya politics has had very negative effect on the country’s economy.
Let Kenyans elect a wise, incorruptible person as president, and give him/her the power needed to govern effectively – of course, with checks and balances through parliament/senate. If the president does not deliver, then there is the option for parliament/senate to impeach him/her.
1. The current DP has never, ever gone to inspect an ongoing government project, and demanded from the contractors: Why is it taking so long to complete this project? Instead, he has openly been sabotaging government projects.
2. The current constitution assumed that if Judiciary is made more independent, then judges will generally make good rulings, because they don’t have to worry about being sacked.
Reality is that, only a few judges make pro-Kenya rulings. Judiciary has become a den of corruption.
Unfortunately, when the economy does badly because of judiciary-sanctioned corruption, it is the country’s Chief Executive (president) who is blamed. Why should a person be blamed for out-of-control corruption if he/she has no power over the people destroying the economy?
3. The world is the way it is. There are various powerful entities globally who will do anything to conquer another country. When you have a situation where there are public officials who cannot be sacked by the country’s Chief Executive, then they become possible recruits by these powerful foreign entities.
In fact, this is what has happened in Kenya currently, where you have the Deputy President being loyal to powerful foreign entities, against Kenya interests.
Therefore, removing “winner-takes-it-all”, and entrenching alternative centres of power, created an avenue for powerful foreign entities to create a criminal PARALLEL GOVERNMENT in Kenya, that is only answerable to them – the Foreign Entities.
This is what has happened in Kenya. And must NEVER be allowed to happen again. Else, Kenya will go to the dogs.