Referendum & the anti-homosexuality Bill in Kenya

It is a practice in politics to pick on a particularly emotive issue to activate the public to participate in a desired political action. In the Kenyan political history, such issues have revolved around tribe and land. Increasingly however, we are beginning to witness social and moral issues coming into play. It is no wonder then that homosexuality crops up every now and then.

At the moment there are two forces seeking for a referendum to change the constitution. These are the Governors’ Forum that would like for the constitution to provide a minimum of 45% of the National revenue allocated to Counties. Then there is the “Okoa Kenya” Forum – whose issues I do not know (and that speaks a lot). 

To the Governors’ Forum group – money follows functions – that is a basic 101 of any devolution process. The question then is; can they tell us which government functions they want devolved to the counties, to warrant the 45% allocation of the National revenues. We shall then discuss whether we want a constitutional amendment to allocate these functions – in a binding way to all the 47 counties. It should never be about the money – it is always about functions!

To the Okoa Kenya people – first, they deserve to be commended for reviving the opposition spirit in Kenyan politics. Progressive forces in Kenyan politics and the civil society have always by design or default aligned themselves with the opposition and the “change” movement. But right now they are not speaking in any coherent way. This is unfortunate because the “referendum” means different things to different people. Let us not forget the conservative forces in Kenya have never really been comfortable with this constitution. They may be faking their opposition to the “change the constitution” movement, but you can take this to the bank, they want it more than the Okoa Kenya people!

This is not to say the Okoa Kenya people do not have genuine grievances – they do. They feel and rightly, that they way Kenyan politics is organized, only a small click of oligarchs will ever access to power – aided as they are by tribal identity as a basis for political machinations. We do need to change our politics – but attempting to do it through a constitutional reform; and at a time when the conservative forces control state machinery and enormous financial muscle is the worst mistake we can ever make!

The Okoa Kenya people may be doing all the ground to make the referendum euphoria build up, but watch the space – at the framing of the referendum questions, because that is where the rubber meets the road. The current anti-homosexuality bill, in my view sets the mood for the framing of the questions. Whatever shape they take, you can take this to the bank; the final outcome will include significant rolling back of the bill of Rights! The rights of minorities (including issues related land rights), women rights and other marginalized groups are on the roll here – thanks to homophobia, an African political gift that keeps on giving. 

My advice to the Okoa Kenya people – we do have political issues to address, and yes they are foundational to how we co-exist with each other as country, but let us seek an alternative route – not the referendum. What we need is massive civic education, and political reorganizing, especially along the Right & Left political and economic thought fronts. 

Let us have leading political parties support the rights of the poor, the middle class and the people at the margins because of foundational political, social and economic ideological commitments rather than tribal identities. Let us have confidence in the Kenyan public that they can actually activate, mobilize and organize along other grounds besides tribalism and conservative morality.