We queued for hours to vote for Madiba because, after decades of repression, we knew our time had eventually come. We recognized being on the brink of a new age and we knew better times were ahead. The ‘struggle for freedom’ had been won.
It was a privilege for me to experience this in South Africa and I hope to experience the great privilege again, this time in Kenya. But today I can’t urge any Kenyan to vote in any particular direction. It is indeed a matter of personal conscience that should never have been a matter of campaign.
But IF Kenya’s new constitution is passed, it will achieve nothing less than the self-same ‘liberation’ I experienced in South Africa. Kenyans shall be similarly freed from decades of repression. And the nation will stand proud, simply by virtue of being ‘free’.
I think few Kenyans truly appreciate the effect that a simple ‘sense’ of freedom has. Stemming from the rough-shod ride they have had, and the so-called ‘culture of impunity’ all the way, ordinary Kenyans have a deep-rooted pessimism about all aspects of their past, current and future governance ... Many don’t believe that anything will change at all.
Yet in South Africa, just the idea of ‘freedom’ led to many people jumping up and down, complaining about their rights being violated. And when they took it to the highest court, they stood there with mouths wide open as they found their rights were consistently upheld and defended. There quickly grew a knowledge that the change really was ‘for real’ and nothing would be the same again. People seemed to laugh and smile a lot more. And the same will happen here. The courts had better be ready for it.
I venture to say that within two years Kenyans will shake their heads in dismay that things could have been so bad and that things are now so much better. Simply because they feel ‘free’ and are free to act in their own interests. Things fall apart. And other things change radically for the better.
By voting at this stage in the nation’s history, Kenyans have nothing to lose and absolutely everything to gain. And by voting, they will have played a part in the future. Today I still feel proud of the fact that I was a small part of the change that came to South Africa. I urge Kenyans to do the same today – be a part of history and vote!
And really, that which is born of freedom is so much greater than the feeling of darkness and oppression that will remain while the ‘contentious clauses’ are dealt with. Paul Muite said it succinctly the other day: “The liberation of Kenya is not about abortion or Kadhi’s courts”. It is about liberating Kenya from decades of hegemony and the nation is on the brink of achieving this liberation.
Can the country stand another year of darkness just to renegotiate these ‘contentious clauses’. I don’t think so. I know the youth couldn’t stand it. And that is who the document is really intended for - the youth and their children’s children.
That there is an abortion ‘loophole’ I will readily agree. Abortion will be performed under advisement of a trained medical professional - perhaps even a psychologist. It is true that this will essentially legalise abortion. But, dogma aside, I see this as the only humane solution for every population- and poverty-strained nation in Africa. We know that the abortion will happen anyway, perhaps with lethal consequences for mother and child. Is there not perhaps an argument in favour of pragmatic and humane tolerance in the face of dire need?
The churches can certainly rail against abortion anywhere they like. It is their right to do so. But is it their right to impose their beliefs on everyone else? We don’t want to commit a young woman and her child to a life of misery for the sake of partisan beliefs. Destitution and prostitution don’t contribute much to a wholesome and healthy nation. And surely, a healthy nation, with humane treatment of its people, should be the long-term imperative of any nation state.
I also don’t think the Kadhi’s courts should be mentioned in the new law at all. The courts should simply be protected under a Right of Religion and the right to practice such anywhere in the country (not just in the ‘coastal strip’). The Kadhi’s courts pertain to family matters and don’t affect mainstream law in Kenya at all. Those that abide by them will always do so in accordance with long-standing (pre-Colonial) cultural and religious practices. So, let’s face it, no one else, other than Muslims, need to be concerned with the Kadhi’s courts.
But, all in all, I believe that on this day good sense will prevail and the katiba will indeed be passed by an overwhelming majority. I believe Kenyans will vote unerringly with the interests of their fellows, and their children, at heart, and will very gladly usher in a new era. And those that have opposed the new era may well find themselves on the scrap-heap of history.
Kenya, I wish you every success for the future you deserve. For your future is indeed bright.
Amani na upendo mingi sana.
B-)
Amani na upendo mingi sana.
B-)
