News & Analysis
Kenya – New World Building Block
Kenya's President Mwai Kibaki (left) said Friday the country's new constitution would create better economic opportunities for younger Kenyans. "There would be more opportunities and better business, a new Kenya where all citizens will live a dignified life. This is the promise of the new constitution," the President said after signing into law the new constitution at a ceremony attended by regional leaders in Nairobi. "It is also a promise that every Kenyan will unleash their full potential. We are a people with a diverse culture and languages," Kibaki said. The Kenyan leader said the constitution would help propel Kenya into a new era of faster social, political and economic growth, and would also give Kenyans an opportunity to choose better leaders. – New Africa
Dominant Social Theme: The state knows best.
Free-Market Analysis: It would be nice to think that the new Kenyan constitution is going to be helpful to the country and to Africa generally. But when we read the constitution we find as usual these days that the power of the people is vested in the state. The dominant social theme here seems to be, "A new constitution has been drawn up that gives people hope for the future. The government hasn't been much good in the past, but now with this piece of paper things will be better."
But of course the Kenyan constitution is a piece of paper. And the Keynan state is a patchwork of some 40 different tribes. At the very largest level, the Kenyan constitution is about celebrating government. The constitutional reconfiguration has been reported (and celebrated) in major media worldwide. The idea is always that the government can reinvent and change people's lives.
In these reports, the Kenyan constitution is mentioned as having been triggered by unrest and riots. The Economist Magazine reported on the constitutional referendum back in July and noted the following, "The last time the country went to the polls, in a general election at the end of 2007, the ensuing violence left 1,500 people dead and 300,000-plus homeless. Never again, said most Kenyans."
The Economist, in a celebratory article about the constitution, goes on to explain how the vote for the referendum was held peaceably. The emphasis once again is on state action to ensure a civil society: "This time around, the government has been assertive and astute in trying to keep the peace. Ten thousand police have been sent to the Rift Valley, the most combustible bit of the country, with youth gangs from the rival Kalenjin and Kikuyu ethnic groups facing off against each other. Militias are said to be rearming, this time with automatic rifles as well as bows and arrows. If they are not kept apart, they may fight."
Finally, the Economist explains the constitution's ins and outs: "The proposed constitution provides for an overhaul of the executive, legislature and judiciary, together with a measure of devolution to the regions. The country will still be ruled by an executive president, but he (there is no prospect yet of a she) will be constrained by checks and balances, and parliament will vet key appointments that had previously been made by presidential fiat. President and parliament will have fixed terms, with elections every five years. To win the top job, a candidate will have to win support from across Kenya's 40-plus recognised ethnic groups by winning at least half of all votes cast and at least a quarter of them in more than half of the 47 newly demarcated counties."
What the Economist neglects to state is that all power is vested directly in the state not the people. This is the single most important point of any constitution. The Economist skips right over it. Undeniably, however, the Kenyan Constitution is slickly written. Its preamble, in our view, has been deliberately written to sound like the US Constitution with a reference to God right in the first sentence, as follows:
We, the people of Kenya – ACKNOWLEDGING the supremacy of the Almighty God of all creation:
HONOURING those who heroically struggled to bring freedom and justice to our land:
PROUD of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation:
RESPECTFUL of the environment, which is our heritage, and determined to sustain it for the benefit of future generations:
COMMITTED to nurturing and protecting the well-being of the individual, the family, communities and the nation:
RECOGNISING the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law:
EXERCISING our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this Constitution:
ADOPT, ENACT and give this Constitution to ourselves and to our future generations.
One can read the above sentences and come away inspired. But when one reads them more closely they begin to provide a message that some might find confusing. There usage of the vocabulary is deliberate and is in fact the idiom of the modern regulatory state with its obsessive reliance on protecting the rights of minorities and on the use of state-force to do so. Here is the meat of the treaty:
Sovereignty of the people:
(1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.
(2) The people may exercise their sovereign power either directly or through their democratically elected representatives. ...
Supremacy of this Constitution:
(1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.
(2) No person may claim or exercise State authority except as authorised under this Constitution.
(3) The validity or legality of this Constitution is not subject to challenge by or before any court or other State organ.
(4) Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.
(5) The general rules of international law shall form part of the law of Kenya.
(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.
The constitution begins by referring to God; but sovereign power may be exercised ONLY in accordance with the constitution. And the constitution itself is to be implemented via the state. "No person may claim or exercise state authority except as authorised under this constitution." This constitution also overrides Kenyan common or "customary" law, as follows: "Any law, including customary law, that is inconsistent with this constitution is void to the extent of the inconsistency, and any act or omission in contravention of this constitution is invalid."
The constitution paves the way for a coming international order, as follows: "The general rules of international law shall form part of the law of Kenya ..." and ... "Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution."
The constitutional language was developed by a Kenyan "Committee of Experts" and voted on by the Kenyan legislature, which apparently didn't change much. What is surprising is how deliberately the constitution has been configured to ensure that the body of Kenyan law is amenable to "international law" and how it has been left open-ended to insure that further treaties or conventions can be seamlessly integrated.
In our view, in fact, this Kenyan Constitution has been tailored for the next step in the Kenyan constitutional journey, which shall be no doubt to join an African super-state that is currently being prepared. It is an African Union that will include its own currency currently called the Afro of all things. We have written about it here: Africa Union Plans Spaceflight.
The way this constitution has ended up is no coincidence. It is part of a larger, world-government promotion that is being urged on by nation-states around the world. This is the reason in fact, in our view, for the attack on the Muslim world. Yes, the West's citizens are under the impression that Islam has attacked the West, but we would argue it is the other way round. And the attacks have nothing much to do with immediate wealth or raw materials and everything to do with Anglo-American control of the levers of world government. Islam is one stumbling block and China, perhaps, is another. Russia we are not so sure about.
Seen this way, the Afghan and Iraq wars are about building, or rebuilding malleable nation states that are amenable to a larger international order. This is not a new initiative. Even the "Colonial Era" – which saw the emergence of third-world nation-states out of a hodge-podge of tribal rivalries – may be considered a concerted step toward such global governance.
Conclusion: The route to world government, if there is one, is full of twists and turns that can only be navigated by an intergenerational familial conspiracy of tremendous wealth and strategic vision. It is a kind of business and it is meant to use the power of the state itself to achieve its private ends. There is a pattern in our view. It is not a random one.
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Posted by Bruce on 09/09/10 04:23 PM
Good article.
Good to see the high level of intelligent feedback posts too.
Adam is absolutely correct. Constitutions only create fiction. People are bound by the rule of law.
If that is true, then a separation from the rule of law (the creation of a fiction which purports to speak for all) must be for the purpose of clandestinely operating outside the law.
By their fruits you shall know them. I dare say that there is not one organization on earth operating under a constitution which is also operating under the principles of law, nor has there ever been one.
There is no way that a small group assenting to create a fiction of law for their own benefit (and posterity) can claim the agreement binding on everyone within a land mass. Further, it is unlikely that any who give assent would do so if they were privy to full disclosure of what they were getting involved in -- unless of course they meant to steal and get away with it.
Regardless of constitution or claims of supremacy, mankind is but a little lower than his Creator. Sovereignty is man's birthright, and it is his to exercise or relinquish for a time. But sovereignty is always there to exercise and must be exercised if one wishes to live free.
States are only sovereign over their own creations. Police who impose pains and penalties upon the people are common criminals and should be dealt with as such.
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Posted by A Mann on 09/06/10 12:55 PM
To DB and 1 B F: I find this same problem often when I try to post a link here. ???
OBF: Your second attempt to post links failed as well, but differently. They don't even activate the cursor. ???
B good to get this cleared up DB.
Cheers otherwise
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Posted by Victor Barney on 09/03/10 04:04 PM
Didn't Obama's parents &/or grandparents "fundamentally transform the government of Kenya," as their child campaigned to do to our government in America? I know that they were terrorists too and Marxists. America; you have not seen anything yet! The morrow of the story is be careful what you vote for, especially when they promise to "fundamentally transform your system of government"? Watch!
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Posted by Adam on 09/03/10 01:43 PM
(1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government."
(2) No person may claim or exercise State authority except as authorised under this Constitution."
- Are you a person? Would you like a person?
(1) This [contract] is the supreme law of the [legal fiction] and binds all [legal fictions] and all [legal fictions] at both levels of [legal fiction].
"(2) No [legal fictions] may claim or exercise [legal fiction] authority except as authorised under this [contract]"
- Did you use your person sign this contract?
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Posted by Clayton on 09/03/10 01:27 PM
Regardless as to what piece of paper is signed and waved about, in its most fundamental sense "Government is a group of people, who get together and behave in a governmental manner." (Rothbard)
But these people always need a mask to cover their actions in fulfilling their agendas. So we have these repeat visits to the costume shop of legalities. The usual suspects, who are so good at these things, are happy to put together a new and improved version in exchange for positions in the bureaucracy and all the rents, subsidies, etc., which come to the high level co-conspiritors in these activities.
In the end, however, it is simply people, each pulling at the system to get what it is that he wants. The success of these systems is measured in their ability to deliver the goods to those that matter. Any African Union will only exist to serve in dividing up the rewards for exploiting the natural resources the continent has to offer. In this case, the usual suspects have their eyes on containing the aggressive actions of the Chinese and their attempts to secure resource security for their future. Constitutional filters are one of the favorite means of the PE in doing so.
As for a free market to satisfy the needs of the average African, it will probably remain at the village level. I certainly hope so, because if it doesn't, they are likely to starve to death.
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Posted by Weeble on 09/03/10 10:26 AM
@ John Danforth
I quickly checked to see who was "Incontinent", and had to ass-u-me it was me! More verbal roughage, that's what I need.
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Posted by TeresaE on 09/03/10 10:15 AM
@ Phillip, dead on, "a Constitution of Rhetoric" exactly what it is.
At least we know that upfront, opposite of our American Constitution that started out strong and has become rhetorical.
Of course Africans, and South Americans too, are signing up for the NWO, they have checkered pasts as to their ability to self-rule and welcome additional troops to control a largely poverty-stricken population. We should pay more attention to the "third world" as our more enlightened leaders are attempting to recreate the same conditions here.
It seems to me that increasingly, government rules of conduct don't mean a thing. Everything is a do-over for the elite and their political minions, so if the doc quits benefiting our masters, they just change the doc.
When questioning the coming opposition to the "Anglo-American" model, we must stop discounting China and the trillions they are pledging, and spending, in the third world. Securing both natural resources and loyalty to corrupt regimes. When viewed in the larger context with China's continuous build up of war toys, it does not bode well for our future relations. As for Russia, I personally believe they hate us as much as radical in the Mideast. We "Anglo-American" have many enemies just waiting to kick us if, and when, we stumble.
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Posted by Onebornfree on 09/03/10 10:09 AM
Repost to correct link errors [ try again!]
There are many myths and assumptions about governments that many people never seriously question.
Here are 3 [of many]
1]: that governments perform socially useful functions that deserve their support.
2]: that they have a duty to obey laws.
3]: that a government's constitution is a valid, legal contract.
For example, see"No Treason-The Constitution of No Authority" by Lysander Spooner:
Click to View Link
regards, onebornfree
Click to View Link
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Posted by Onebornfree on 09/03/10 10:05 AM
TO THE DAILY BELL SITE ADMINISTRATOR[S]
Why does your site insist on inserting/ adding on characters to the end of link addresses I give that render the link unworkable?
See my previous post for example.
regards, onebornfree
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Posted by Onebornfree on 09/03/10 10:01 AM
There are many myths and assumptions about governments that many people never seriously question.
Here are 3 [of many]
1]: that governments perform socially useful functions that deserve their support.
2]: that they have a duty to obey laws.
3]: that a government's constitution is a valid, legal contract.
For example, see"No Treason-The Constitution of No Authority" by Lysander Spooner: Click to view link
regards, onebornfree
Click to view link
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Posted by Philip Mccormack on 09/03/10 08:40 AM
It is not a constitution it is a Constitution Act as is Canada. Constitutions need a referendum from the people not their 'representatives'. No mention of habeas corpus or Common Law Trial by Jury without which Supreme Power is vested in the State and not in the people. This is a Constitution of Rhetoric and worthless. Happy days, but not for the Kenyans! You are on the ball again DB.
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Posted by John Danforth on 09/03/10 08:12 AM
@Incontinent
Agree completely.
Did Obama author this thing?
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Posted by Lila Rajiva on 09/03/10 07:54 AM
@Russia, we are not so sure about"
Agree completely.
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Posted by SpiritualHealing on 09/03/10 07:54 AM
Yes, it is only a piece of paper. Like the Bell says, the power of this document resides in the state, and not with the people. The top-down government is written to be the "end-all, be-all" instead of it being a bottom-up government STARTING with the people. One may wonder if the constraints of time keep us within this mental box, or perhaps for those not intelligent enough FORCED into this mental box.
The paper might be important, but too quickly people forget that it is the words that matter most...
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Posted by Bill Ross on 09/03/10 07:30 AM
"ACKNOWLEDGING the supremacy of the Almighty God of all creation..."
BUT, God does not choose to exercise power, so, we, your humble public servants must, with all humility and deep regret, take on this burden and implement "rule of man" (us) and, THERE IS NO APPEAL. Your present laws and customs are null and void. Obey or Else. We know best.
There is of course, the completely suppressed "rule of law", the elephant in the room of those (rule of man) who would rule and exploit:
Click to view link
All people of Africa should seriously ponder this. Of all the peoples of the planet, Africans have been exploited and had their attempts of civilization retarded the most. This seems to be more of the same, with prettier words and rationalizations. Its just a goddamn piece of paper.
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Posted by Weeble on 09/03/10 06:04 AM
"(5) The general rules of international law shall form part of the law of Kenya"
Subsidiarity breeds discontent. Creepy word.
A relative of mine worked In Addis for years. When he came to visit us in Canada, he had to call his gorgeous ebony girlfriend every few days, to ensure she remembered he was still his girlfriend. "Any guy with a bunch of flowers could steal her away easily."
From what I remember him saying, there are over 100 languages, so when food aid arrived, the infrastructure to communicate was zero, so the food stayed in Addis.
Those 2 anecdotes help me think this "constitution" will be "incontinent" and may as well be written on toilet paper.
Great article. I should email him. You definitely cause me to dust off and shine some up old memories every day.
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Posted by Beebee on 09/03/10 03:32 AM
How do you cover so many things!? :-)
Reply from The Daily Bell
A brisk pace.
