By: Dennis Wendo
The Constitution of Kenya 2010 at its prelude appreciates the ambitions of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law. It further organizes a government by distributing the powers of making, executing and interpreting the laws.
The sovereign of the people is wielded at the national and county levels and is deputed to parliament and legislative assemblies, national executive and executive structures, the Judiciary and independent tribunals. The underlying objective is to inaugurate a government that integrates the ideals and desires of the people and promotes the common good. By and large this is fertile through good governance.
Good governance entails legitimate, accountable, and effective ways of obtaining and using public power and resources. It calls for honesty and integrity in the public service as well as having positive and effective measures against graft and corruption. Public accountability is essential to good government. The primary duty of the government is to serve and protect the people, the people have the right to hold those in public office accountable for their acts.
The collapsed BBI initiative spotted ODM Leader Mr. Raila Odinga and President on rival sides. BBI predominantly singled out nine concerns whose resolution was spirited towards guaranteeing all Kenyans true citizenship and justice, thereby addressing and ending tribalism, corruption, impunity and electoral theft, nepotism, and politically skewed development and employment history in Kenya. It was to herald a new dawn for the nation, in which all citizens realize their fullest potential, especially the historically marginalized women, the youth, persons with disabilities, minorities, pastoralists and other vulnerable groups. The ultimate aim of the initiative was to forge a united, just and prosperous nation.
The clamour to review the supreme law was again revisited with voices led by the National Dialogue Committee. Its recommendations were accommodated by the protagonists and antagonists of the process. The NADCO report and recommendations should be couragesly approached with moral correctness, open mind and a broader perspective of addressing the perennial social, economic and political challenges of the nation and its people. An in-depth awareness of the proposed changes remains critical. A clear ground plan should be in place to address existing unresolved grey areas of concern in the Nadco report to avert any further political, electoral, tribal, regional and gender divisions.
The importance of public participation is captured in Article 118 of the Constitution. Citizen involvement in policy-making and implementation strengthens and deepens good governance.
Either way, through parliament or by referendum, any Constitutional adjustments should be centred towards improving the structures of the government for it to be more responsive to the needs of the people more so in the current challenging state of affairs. Amendments should prioritize the promotion of better governance and public accountability, they should strengthen the democratic institutions for the better enjoyment of individual liberties and a more meaningful people’s participation in public affairs.
The Ruto-Raila pact should not buttress any skeletons in the closet. It has to advance the interests and aspirations of the common mwananchi. The NADCO recommendations are fairly and largely holistic and time remains of essence in actualizing the report ahead of the next general elections.
Dennis Wendo
Integrated Development Network- Public Benefits Organization (PBO)
Email: idn.kenya@gamil.com
Fredrick Kipchumba Chelimo 
Jerameel Kevins Owuor Odhiambo 
Mt Kenya Times