The New Constitution; a New Dawn for Kenyans in Diaspora.


It took Kenya 20 years to come up with a people oriented and friendly constitution. Having made several attempts in this search and passed its final journey through the Parliament on 1st April, and massively approved by the people in the referendum on 4th August, the Kenyan president, Mr. Mwai Kibaki, signed into law the new Constitution on 27th August, 2010 at the historic grounds of Uhuru Park jam-packed by persons of all caliber. This was a special sacred moment when all Kenyans were to be in Kenya in person to witness this new birth.

Alas, that can not materialize. It is estimated that there are over 2.5 million Kenyans living overseas. This translates to 6.77% of the Kenyan population.

Nonetheless, celebrations had to continue even outside the geographical boundary of Kenya. In Democratic Republic of Congo, some 2,411.48 kilometers away from Nairobi, there was the same triumphant ambiance. All was new! Kenya was born anew and it could be felt.

Beginning by the ‘happy birthday’ greetings, from which I even did not know how to respond to since am not acquainted to such wishes addressed to me in the middle of the year, for my bundle of wishes always come at the start of the year, we gathered not only to welcome the new republic but also to feel part of this heavy task that has opened to us a new door of hope.

The opening prayer was conducted by Fr. Urbanus Mutunga Ndunda, a Kenyan consolata missionary working as a parish priest in Bisengo Mwambe, a parish in the Archdiocese of Kinshasa. Later in the evening, we had a chance to follow the four-hour promulgation ceremony of the new constitution from a big screen in the compound of our Kenyan embassy.

What is this new republic for us Kenyans living in diaspora (KLD)?

The new constitution dawns with it new changes. These significant changes touch all aspects of our human life and society. The good thing is that it doesn’t discriminate a Kenyan depending on where he or she is thanks to its third and seventh chapter.

Firstly, the third chapter that dwells on citizenship gives a big smile and relief to some of KLD who had in one way or another lost their identity as Kenyans; compatriots, who found themselves in an awkward situation of selling away their birthrights as Kenyans for greener pastures, and those in mixed marriages with nothing to do other than crossing the borderlines. Now the multiple or dual citizenship in sec 14 and 16 restores the sense of belonging in the ‘lost’ KLD.
Kenya has now opened its doors for the lost link with this community. It has renewed the link with their native land, family and friends. It has also opened a link for business and further developments that the countries with multiple citizenships enjoy. Kenya has headed to the signs of the time, where now, the world is a global village.

Secondly, as legal KLD, we are from now onwards going to fully and actively participate in the political development of our country. In section 82(1) (e), the parliament will enact legislation to provide for ‘the progressive registration of citizens residing outside Kenya, and the progressive realization of their right to vote’. Definitely we shall be exercising this right! Not only by talking, but by acting also. Think of it this way, having a polling station in the embassy’s offices instead of the Olympic primary school in Kibera. And there you go; beside the reception’s desk is the transparent ballot box to cast the vote. So exciting! No?

The seventh chapter empowers and gives opportunity to the KLD to elect their political leaders; president, senators, members of the National Assembly and county governors!

This external voting is helpful for those living, working, studying and on various trips or journeys outside Kenya during the voting periods. ‘It was angering, annoying, frustrating and confusing not to participate in the general elections of my country’, revels Mr. Edward Kite, who has been working in Congo for quiet along time. He has felt deprived of a say in his country’s future and plans. This ‘cut-off’ attitude in him is buried and he is among the people who really feel the new dawn has come with the change of attitude. Has unchained the past angers and given a sigh of relief for KLD. So far so good, the international community has lauded this step that Kenya has taken.

(this article was published in the Seed Magazine)

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