Press Release
THE FATAL FLAW IN THE DRAFT CONSTITUTION RELEASED BY THE COMMITTEE OF EXPERTS LED BY NZAMBA KITONGA

On Tuesday, 17^th November 2009, important documents were published in Kenya namely the draft constitution. This draft constitution released by the chairman of the Committee of Experts mandated to review the constitution, Nzamba Kitonga, was offered as a fresh start since there has been a vital quest for a new constitution for two decade. Many believe that enacting a new constitution will enable government institutions to perform efficiently thereby improving citizens' welfare. However, despite those hopes, the draft constitution has not been spared an open struggle between the politicians of the two main parties, ODM & PNU, particularly over the issues of coordinating executive authority. This is only to be expected since capitalist politicians are motivated by self-interest thus they measure only how far a constitution will preserve their lofty position as occurred in the referendum over the previous ‘Bomas' draft constitution that attempted to enact a new constitution. This split has broken the hearts of Kenyans who, as a matter of fact, have a great thirst for a new conducive constitution that will guarantee them a noble life.

While the citizens of Kenya have been given one month to read, consider, give their views and discuss this draft constitution, we in the Islamic party of Hizb ut-Tahrir East Africa having read and understood this draft wish to offer the following brief clarification: -

We understand that the citizens of Kenya have a great need for a conducive constitution since that is a vital document that defines the shape of the ruling system and forms a contract between the rulers and the citizens as well as being an expression of the ideology and values of the people that leads them in all spheres of life. However, which constitution is truly suitable for Kenyan citizens? This must be clarified. Islam as a comprehensive ideology has confirmed the great need for a constitution but clarified explicitly that the divine law revealed by the Creator (Allah Ta'ala) must be the basis of the constitution that guides His creation humanity not man himself to legislate his own laws. Men, even if they are experts or scholars of whatever degree, retain their inherent fallible human nature, limited minds that do not understand all things, influenced by their environment and possessing thoughts that differ and vary in life rather one's own opinion may change one day to the next such that one is deemed good today becomes bad tomorrow and vice versa. The reality of manmade constitutions is that they will never be free of the need for reform since they cannot stand the test of time as is witnessed with respect to all manmade constitutions existing throughout the world. The current Kenyan constitution was enacted by the colonialists with their fallible minds but they thought it suitable yet in their weakness they could never comprehend today's problems. What is surprising is that not even half a century has passed yet the current constitution has become outdated and we have been hearing the drumbeats of constitutional reform for twenty years now i.e. scarcely did any time pass before the deficiencies and flaws of the current constitution were exposed thus requiring reform. Based upon this reasoning, Hizb ut-Tahrir East Africa hereby states the simple truth that the drumbeat of constitutional reform shall never cease, generation after generation, as long as the constitution is devised by man, a naturally weak and fallible creature. If people truly want an enduring constitution suitable for all ages and peoples, they must refer to the Shari'ah revealed by the Creator via His Messengers and Prophets to deliver to humanity and particularly the Last Messenger to all mankind until the Day of Judgement, Muhammad (swalallahu ‘alaihi wa sallam).

We conclude our statement by exposing fatal flaw in the new draft constitution discovered by the members of Hizb ut-Tahrir East Africa which we strongly believe will be accepted by all rational persons who consider the issue profoundly: The basis of all constitutions in the world today is the capitalist creed of secularism which calls for the separation of religion of life i.e. separating the Creator of man, life and the universe from His creation humanity who need Him constantly even for their very breath! This corruption thought was devised by people who deny their Creator in their hearts though their mouths utter words claiming to be believers in God. Thus humanity arrogantly pretended to know more than the Creator, the Infallible, All-Able and Knower of all things who owns everything even our breath. What a fantastic and gross crime man committed in legislating a constitution, for who is more able to deliver a constitution that truly guides between us and Him? O creatures, what is wrong with you that you do not reflect so that you liberate yourselves from the shackles of manmade ideologies to the justice of the Shari'ah of Allah Ta'ala?!

[أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنْ اللَّهِ حُكْمًا لِقَوْمٍ يُوقِنُونَ]

"Is it the rule of ignorance (jahiliya) that they wish? And who is better than Allah to judge for the people of conviction?!" [TMQ 5:50]

Shaban Mwalimu
Media Representantive
Hizb ut-Tahrir East Africa

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