“First they Ignore you, then they laugh at you, then they fight you, then you win” Kikulacho – the Bite Within.
I had the pleasure of attending the premier of Kikulacho at the West Gate Mall on Tuesday with a very mixed group of Kenyans and non Kenyans… big people like Jeff Koinange, Jashpal Ghai, Richard Leakey, and several Ambassadors.
While still downstairs, the film was introduced by Transparency International’s Richard Leakey and A24 Media’s Director Salim Amin who is the son of Mohammed Amin. We could hardly hear the speeches but before we they let us into the auditorium with popcorn and a free soda, they left us with a bizarre warning
“Do not enjoy this film”.
An hour later I understood but felt they had understated things. They should have warned us that the film would assault our senses, shock us, depress us and leave us without an answer. I came out totally shell shocked. It’s a horror film, the horrors of what we have done to the place we call home, our beloved country, Kenya.
It starts like an old fashioned movie about an Indian family in Parklands in Nairobi. They are waking up and getting ready for the day, the handsome man is shaving, listens to the radio while his kids are finishing homework. The diligent wife in flowery vintage dress is pouring tea for breakfast. She asks what’s on the news – he says something forgettable about the land issue ..then kisses her goodbye and leaves for work. As he drives off in his ancient Volkswagen Bug a man steps out from the bushes and guns him down – right there, infront of you.
The haunting sound of his daughter screeching will stay with you for the rest of the film.
The shock of that first scene wakes you up with a start, and makes you sit up. Kikulacho reminds us that Pio Pinto, an Asian was Kenya’s first political assassination. The film takes us backwards and forwards in history assassinations, land grabbing, British, Moi, Kibaki, Kenyatta, – this kind of to and fro is exactly what’s been happening to us. So much has happened, we are so confused, we are being confused, and we are repeating mistakes. No, not mistakes, we are repeating crimes.
Ever since Kenyatta, we have let our politicians pull the wool over our eyes, blaming the colonials for all the woes of Kenya. We forget that we are the employers of these politicians and that the power is in our hands to change things.
Kikulacho – the Bite Within, examines how corrupt systems and policies have impacted everyone in Kenya, including the common people. It reveals how we have been manipulated, cheated and coopted into corruption.
A24 Media says that it is also a story of hope and triumph that aims to look at how our institutions and leadership can be shaped by the people themselves to realize their dreams.
That message must have gone over my head. I felt angry, very angry, depressed and shaken by the end of the film. I filled a questionnaire afterwards, but the truth is I had not digested what the film was conveying. It is so jam packed with information, images, truths and horrors, it’s the kind of film you have to watch in parts, digest, discuss, and repeat over and over to really appreciate the value of the work that has gone into the production. This film forces us to confront our demons, it’s harsh, really harsh.
Like Kenya, Kikulacho is not a polished production – it’s raw and in your face. A24 Media did a superb job of using historical archives, and interviews with people from across the country. It made me proud to hear the voices of so many intelligent Kenyans, and yet very angry that despite our human potential and moral values, our leaders have used policies and constitutions to destroy the moral fiber of Kenya. To divide and ruin us as a people and a nation.
Kikulacho reveals the gigantic elephant into the room that nobody has been talking about with regards to the new proposed constitution – the question of land, how land abuse started under the British and was perpetuated under Kenyatta, Moi and Kibaki. How land has been used to further political aims, and anyone suggesting that the land problem would lead to a crisis, was dealt with using bullets.
This film needs to be shown across the country in every bar, club, home, shop, movie theater, and on every channel. I suggested it should even be serialized on mobile phones, put on Youtube and played in open spaces. It was made just in time for the country’s referendum on whether to adopt a new constitution (August 4th 2010). Kikulacho does not take sides on the referendum, but it will make Kenyans think carefully about their decision. I’ve heard people say “I haven’t read the proposed constitution but my MP has, I trust him” or “I’m going with what my church leader says”. I always ask why? Do you think these people are more intelligent than you? Do you really think you are that dumb? It always gets shocked stares and the response “I’m not stupid!” … but we are. When you watch Kikulacho you will realize that we all are very stupid for continuing to elect, trust and then question our corrupt leaders. I am especially stupid, I have been so disappointed with politics in Kenya that I didn’t even bother to register. After watching Kikulacho I absolutely want to vote.
At the end of the film TI aired a short piece of school children answering the question about corruption starting with “what is corruption?”. I thought that this short piece detracted from the main feature but many of the viewers commented that hearing the intelligence and the innocence of these children was humbling. Actually it was embarrassing – one child said ”I’m corrupt because I got my friend the prefect not to write my name down for making noise in class”. How many Kenyans give bribes to police and government officials to get things done or to get out of trouble, but do not consider themselves to be corrupt? Kikulacho – the Bite Within is biting me all the time. I can’t stop thinking about it.
After the film US Ambassador Michael Rannenberger was supposed to give a speach but he didn’t make it due to a delayed flight. It didn’t matter we were all, milling about in a state of shock. Nothing he could have said would have added to the power of the film. I made a donation to the David Munyakei Fund – remember David, the famous Goldenberg whistleblower who died without dignity because of us!
Watch the film and send your comments to 0717666013 and go to their facebook http://www.facebook.com/kikulacho or join their fan page here http://www.facebook.com/Kikulacho?ref=ts&v=wall and get involve din the conversation.
You can watch the preview of Kikulacho here. The preview plays fine but website seems to be still in construction because none of the other links worked like meet thee makers.
This is how I fee, totally parlaysed. Should we vote Red or green on Kenya’s proposed new constitution?
Lest We Forget, Dr MAKODINGO has attempted a historical review. Hope it helps…
Origin of Kenya
The territory now known as Kenya came into existence on 12th December 1897 as a protectorate of the British Monarch. The people were put under the political and military patronage of the Queen of England.
In 1920, Kenya was made a British Colony, the territory becoming part of the British Empire.
Imposition of colonial order was achieved through military force, introduction of a new faith, use of English law in place of African Customary laws and the imposition of an economic order that was intended to create wealth for the colonial settlers. Existing constitutional orders of the African communities were destroyed.
An administrative system of Chiefs, Dos, DCs and PCs were created to enforce the colonial order.
This oppressive system was vehemently opposed by the African peoples. Three factors combined to accelerate and bring about the desired changes under the colonial order: Resistance by local communities, Weakening of the British Empire by the cost of World War II, and the increased climate for self-determination and respect for human rights.
Constitutional Landmarks to Independence:
1954: The Littleton Constitution.
§ Named after the then Colonial Secretary, Sir Littleton
§ This was the first Multiracial Constitution
§ Established a Council of Ministers of 12
§ 6 were to be appointed by the Governor
§ 6 Elected: 3 Europeans, 2 Asians and 1 African.
o The African representatives rejected these arrangements.
1958: Lenox-Boyd Constitution
§ Increased the Council of Ministers to 16
§ Half elected, and half Appointed.
§ Europeans were still the majority.
§ Redistribution of Land, release of political prisoners and Repeal of repressive laws not addressed
§ Demand for full independence was in the air
§ Africans demanded for a Constitutional Conference to negotiate for Independence.
1960: Macleod Constitution
§ A product of Lancaster I in 1960
§ Provided for a majority of Africans in LEGCO( of 65 Members) and Council of Ministers
§ Provided for Independence
§ Alluded to self-internal government.
1961: First Multiracial Election
§ Held in February 1961
§ KANU won the polls but refused to form Government demanding the release of Kenyatta as a precondition
§ KADU, the opposition formed government
1962: Lancaster II
§ Resulted into internal self-rule
§ Queen still had control over Legislature, defence, Internal security and Foreign Affairs
§ Majimbo present
1963: Constitution passed as an Act of British Parliament in April and became Law May 31st 1963.
§ Fully Bicameral Parliament with 131 House of Representatives and 41 Senators
§ Cabinet headed by PM
§ First internal government took office on June 1st 1963
§ Marked the first Madaraka Day
§ Later, Lancaster III was held
§ In December the Country became Independent as a Dominion but not a republic
§ The Queen was still the Head of State, and PM Kenyatta Head of Government
1964: Independent Parliament amended the Constitution to make Kenya a Republic
§ Majimbo system heavily eroded
§ Concentration of power in the presidency began
§ Created the basis of a single-party system
Between 1964 and 1991, successive amendments sought and did achieve to recreate the Colonial Order in Kenya, only this time, a Kenyan was the Monarch.
Note that even after independence;
§ Colonial repressive laws remained unchanged
§ Colonial Administrative system remained intact
§ The political system became a wealth-creating system for the elite through corruption.
Between the short period covering 1963 and 1991, the Kenya Constitution was amended several times. These include:
1. The Constitution of Kenya (Amendment) Act No 28 of 1964
§ Made Kenya a Republic
§ Created office of the President and made him both Head of State and Government
§ President elected by House of representatives constituted as Electoral college
§ Executive Authority of Jimbos highly watered down
§ Modified provisions for Citizenship and local authorities
2. The Constitution of Kenya (Amendment) (No 2) Act No 38 of 1964
§ Transferred to Parliament powers to alter regional boundaries. Originally the power of the regions
§ Independent sources of revenue to regions stopped making them entirely dependent on Central Government
§ Regional Presidents designated Chairmen
§ Appointing authority of Judges given absolutely the President’s. Requirement for consultation with at least 4 Regional presidents before appointing CJ removed
§ Ex-Officio MPs lose their votes in NA
3. The Constitution of Kenya (Amendment) Act No 14 of 1965
§ Constitution amendment threshold reduced from 90% to 65% in Senate and 75% to 65%
§ Executive power of regions deleted completely
§ Abolished appeals to privy councils; Supreme Court replaced with High Court
§ Approval of Emergency increased from 7 to 21 days and threshold reduced to simple majority from 65%
§ Removed provisions concerning control of Agricultural land transactions from the Constitution
4. The Constitution of Kenya (Amendment) Act No 16 of 1966
§ Required MPs who had not attended NA for over 8 sittings or imprisoned for over 6 months to lose their seats ( Many KANU rebels were not going to NA) and some had joined KPU
§ Minister in charge of citizenship given discretion to grant Citizenship to Commonwealth citizens residing in Kenya for over 6 months
§ Increased powers to rule by decree in NEP
§ National Youth Service included in disciplined forces.
5. The Constitution of Kenya (Amendment) (No 2)Act No 17 of 1966/Turn Coat Rule
§ Required for an MP to seek re-election at the end of the session of his defection
§ Meant to deal with Odinga and Co who had left KANU for KPU without resigning their seats. Odinga and Kenyatta’s wars started in earnest.
6. The Constitution of Kenya (Amendment) (No 3) Act No 18 of 1966
§ Period of NA review of Emergency orders increased from 2 to 8 months
§ Greater and wider derogations of Fundamental right and freedoms permitted. Removed the provision calling for reasonable justification for such derogations
§ Meant to allow for detention of recently defected KPU leaders
7. The Constitution of Kenya (Amendment) (No 4) Act No 19 of 1966
§ Both houses amalgamated to form on National Assembly
§ Increased constituencies by 41 to accommodate Senate MPs
§ Quorum of NA fixed at 30
§ Speaker of NA made Chair of ECK assisted by two Presidential appointees
§ References to Senate deleted and life of NA extended to end in June 1970 instead of 1968
8. The Constitution of Kenya (Amendment) Act No 4 of 1967
§ Meant to clear doubt over Section 42A (Turn Coat Rule)
§ Backdated the effect of the Fifth Amendment to 1963.
§ KPU members argued that the amendment came after they had decamped
9. The Constitution of Kenya (Amendment) Act No 16 of 1968
§ Abolished Provincial Councils and deleted from the constitution any references to the provincial and district boundaries and alterations thereof
10. The Constitution of Kenya (Amendment) (No 2) Act No 16 of 1968
§ Election of President made to be by Universal Suffrage
§ Every party required to nominate a Presidential Candidate
§ Ballot paper made to pair President and MP from same party
§ Independent candidates barred from contesting
§ Qualifications for presidency introduced
§ President empowered to appoint members of PSC and nominate 12 MPs
§ Altered provisions of presidential succession and removed parliamentary approval for state of emergency declaration
11. The Constitution of Kenya (Amendment) Act No 5 of 1969
§ Consolidated all the Constitutional amendments as at February 1969 thereby resulting in a revised Constitution for Kenya in one document which was declared to be the authentic document
§ Membership of ECK altered by making all members appointed by the President
12. The Constitution of Kenya (Amendment) Act No 10 of 1974
§ Reduced the age of voting from 21 to 18
13. The Constitution of Kenya (Amendment) Act No 5 of 1974
§ Made Kiswahili one of the official languages of the National Assembly
14. The Constitution of Kenya (Amendment) Act No 1 of 1975
§ Repealed Constitution of Kenya(Amendment) No 2 of 1974
§ Provided that all financial resolutions and written laws be presented to the House shall be written in English, and all other issues would be debated in Kiswahili
§ Extended the Presidential prerogative to include annulling disqualifications arising out of a ruling of the Elections Court – Ngei Amendment (meant to benefit Ngei)
15. The Constitution of Kenya (Amendment) Act No 13 of 1977
§ Established the Court of Appeal
§ Abolished the right to directly remit compensation for acquisition of property abroad without complying with foreign exchange regulations
16. The Constitution of Kenya (Amendment) Act No 1 of 1979
§ Provided for use of English as an alternative Parliamentary language
§ Proficiency in Kiswahili made a prerequisite for qualification for people seeking parliamentary office
17. The Constitution of Kenya (Amendment) Act No 5 of 1979
§ Specified period within which a civil servant must resign to seek office
§ 6 months prior to preliminary elections
18. The Constitution of Kenya (Amendment) Act No 7 of 1982
§ Introduced Section 2A that changed Kenya from a de facto to de jure one party state making Kenya a one-party state by Law
§ Turn coat rule(Fifth Amendment) repealed
§ Definition of a Political Party deleted
§ Method of nominations for General Elections amended making them a preserve of KANU
19. The Constitution of Kenya (Amendment) Act No 6 of 1986
§ Repealed Section 89 which provided for automatic Citizenship for people born in Kenya after Dec 1963. Henceforth, either of your parents must be Kenyan
20. The Constitution of Kenya (Amendment) Act No 14 of 1986
§ removed Security of Tenure of AG and Auditor & Controller General
§ abolished office of Chief Secretary
§ provided for a new min 168 and max 188 Constituencies
21. The Constitution of Kenya (Amendment) Act No 20 of 1987
§ Made all Capital offences non-bailable
§ torture of Political prisoners entrenched in the Criminal Justice system
22. The Constitution of Kenya (Amendment) Act No 8 of 1988
§ Legalised detention of Capital offenders for 14 days without trial allowing for time to torture
§ Removed security of tenure of Constitutional office Holders
23. The Constitution of Kenya (Amendment) Act 1990
§ Returned the Security of tenure of Constitutional office Holders
§ Provided for a max of 210 and min of 188 Constituencies
24. The Constitution of Kenya (Amendment) Act No 12 of 1991
§ Repealed Section 2A of the Constitution hence ending the de jure one-party rule in Kenya
§ The Turn Coat Rule (Fifth Amendment) was reintroduced
§ The nomination procedure leading to elections of the National Assembly and Presidency were amended to accommodate multi-partism
§ A definition of a political party was adopted.
The Amendments were meant to:
- Strengthening the Executive relative to the other arms of government
- Emasculating other arms of government
- Derogating fundamental human rights and civil liberties
Why the Amendments require Constitutional Review
- They have made the President more powerful than the King
- Led to manipulation of Legislature and Judiciary
- The Presidency controls distribution of national resources
- The people(Civil Society) have no say on [policy formulation and implementation
- Sycophancy and Corruption have been institutionalised
- Less protection of Human Rights
- Made it difficult for democracy to thrive
- Citizens are cowed by force of oppressive laws
- Elections are manipulated
- Tribalism and Ethnic animosity institutionalised i.e. through quota system
Dr MAKODINGO Washington, BPharm,MPSK
Registered Pharmacist and Constitutional Expert,
P O Box 60113 – 00200 Nairobi
“I’m not arrogant, just Smarter”
Isn’t it amazing that we can’t get organized to deal with the remaining IDP’s, we’re still fighting over the Mau, and 2 years after the post election crisis, nobody has yet gone to the Hague, or been charged with causing the crisis….. things work so slowly in Kenya – except when gay rights come into play. On gay issues we’re spot on ready to defend our God Given Christian virtues and hammer back those deviants.
Yesterday Parliamentarians deleted a controversial clause in the draft Constitution that could have legalized same sex marriages.
No matter that same sex marriage actually exists in some Kenyan indigenous cultures.
While some people are still outraged, blinkered and mind blocked at the concept of homosexuality, the same people see no problem with an even more bizarre marriage, that between Raila and Kibaki in the so called coalition government. What about the hybrid constitution that is being proposed. Isn’t that a deadly dangerous deviant arrangement?
As angry as I am that our leaders are so STUPID and irrational, I am impressed that Caroline Mutoko has the balls to raise the issue on radio without falling into the gay bashing trap of yesteryear, she says that Kenyans already tolerate gays enough, and better than other African countries, but expecting to have gay marriages allowed “there is only so far we can go”
That’s sad but true. If it were allowed I’m sure that a number of our parliamentarians would be heaving a sigh of relief that they can finally come out of that lonely closet.
PLEASE NOTE: I’m kinda sick of the gay bashing comments people try to leave on this blog so if you want to vent the hatred in your heart to your fellow human beings through my blog, I won’t let you. Please leave only comments that contribute constructively to the discussion.
- carbon emissions
- carbon footprint
- Climate change
- Gay Bill
- gender violence
- green house gases
- spouse abuse
- Wildebeest migration