Referendum: Public interest or Private interest?

Kenya's electoral body emblem.

A referendum clause, in my opinion, is evidence that a nation’s policies are not foolproof. 

A referendum, which is otherwise known as a plebiscite, under article 255 of the Kenyan constitution has the effect of changing the objects and structure of government. 

In Kenya, policy analysts seem divided on whether the proposed call for referendum will benefit a few individuals or the nation as a whole. 

It is upon Kenyans to discern the true intentions of politicians who have recently been calling for a referendum.

In so doing, Kenyans must interrogate these three central aspects of any policy change; People, Policy and Practice.

The first aspect is whether the referendum is in the interest of the people – who according to the constitution are the sovereign as constitutionalized in article 1(1).

What is in the interest of the people is considered public good. We, Kenyans must look at how we benefit should there be a referendum or not. 

Public debt is good and bad to some extent and should not be put across directly as the reason why we need a referendum.

For instance when the public debt is favorable and not extremely above the country’s economic output (GDP), investors may be attracted to buy government bonds which then improve our standards of living.

Consumer products in a supermarket in Kenya.

Commodity prices are not also a matter requiring a referendum. It is necessary that the citizens understand the economics behind supply and demand. 

Kenyans have to comprehend that our capitalistic market cannot be exclusively controlled by the government. We must end the serikali saidia slogan. 

Economic decisions are heavily dependent on individual or private owners of capital. 

This explains why sugar, maize, eggs and similar import commodities continually flood the economy and the state wasting its breath fixing unga prices. These too do not need a referendum.

Secondly, the policy issue must be made clear to all Kenyans. Ignorance is expensive. We must understand the issues we are voting for or against.   

More often than not, a majority of Kenyans have been quite the ignorant folks especially on matters that touch on reading the constitution. The quote ‘Baba akisoma, imetosha’ must be thoroughly debunked. 

What are we supporting or opposing? Don’t just say we are for the referendum without understanding what it is that you are accepting or turning down.

H. E. Ruto casting his vote at a polling station. 

One week ago, deputy president Ruto expressed ‘support’ for the referendum. This came as a surprise to many who had (since the talk on referendum began), associated Ruto with the opposing camp.

However, deputy president clarified that he too is in support of the referendum based on the issues expressed and not greed for political positions.

The Raila led team on the other hand has maintains that a referendum vote is necessary to change the governance structure from a presidential system to that of a much preferred parliamentary system or otherwise called the 3 tier system.

Thirdly, the matter of practice or practicality comes into play. A referendum is a political process as such the issues proposed must have a practical solution to Kenya’s dilemma.

We must identify the particular shortfall that the referendum intends to cure. Is it a wage bill problem or an amendment to the bill of rights? Is it a presidential term limit or a territorial dispute as is the case with Migingo Island?

Policy change on paper must be followed closely by actionable consequence. A disconnect must not be witnessed between what is in writing and the practice.

Third Way Alliance leader, Ekuru Aukot drumming up support for the referendum. 

Kenyans must also be ready to part with Ksh. 12 Billion needed to fund the vote should Ekuru Aukot’s bid to raise the mandatory one million signatures succeed – if it does, then the juice must be worth the squeeze.