All these critics of Mutahi Ngunyi. Where is your sense of humour, where is your imagination, your sense of judgement?? If the only books you have ever read are textbooks then you only expect cold hard facts from any writing. Writers use irony, sarcasm and sometimes say the most outrageous things tongue in cheek. The idea is to stretch your imagination to encompass the different possibilities of in this case interpretations of the constitution.
Good writers provoke reaction and discussion and by the reaction by Ndungu and all the comments on Mutahi's article I think he is doing a great job. By his writings we are better informed on the contents of the constitution. He also gives his opinion on it and this is where you may be at pains if you are only a textbook reader; you do not have to agree with him. If he succeeds in making you find reasons why you disagree with him he has succeeded as a writer.
Philip Ochieng also uses this style of writing with great effect. He is provocative, informative and thoroughly entertaining. The difference between a journalistic article and a columnist is that a columnist is allowed to have an opinion on whatever he is is dicussing while a journalist should just tell it as it is. So do not read Mutahi's articles to find out what the constitution says, read it to find out what he thinks about it.