As we
await the Supreme Court full judgement that led to the nullification of the
2017 Presidential results, some of us are keen to see the findings that informed
the decisions. The integrity of the electoral process matters just as the outcome.
Of interest
are the developments we have gone through in the last five years. The country
is politically vibrant and hence our economic performance is thus related to
the same. Competition for political supremacy has largely defined our social
fabric.
My one
desire is the day the country will go beyond the ethnic factor and agree to
pursue interests with common benefit to all. Every single citizen is concerned
of the rut we are in, poverty and mediocrity affects all of us.
Our Political System
Whereas
we gifted ourselves a constitution in August 2010 that seeks to create working
systems that will serve all of us. We have taken an unpredictable path of politicizing
everything. This is dangerous. From general observation the space for
professionalism and objective criteria in Government has remained shallow.
With
observation it baffles me how, when it’s convenient for us, we have taken to
defending what is the opinion of our political leaders, even when the position
may not be objective. A good observation is the remarks of our recently elected
leadership and interested parties on furthering the position of their preferred
side of politics as opposed to the right and objective position. Ours are
politics of convenience.
On reflection,
I’m of the opinion that we have become people who are going to act on convenience.
What is convenient becomes right. This does not create stability in our society.
If the
law is for all of us, why are we failing to invest ourselves heavily in
creating pre-determined laws (as the supreme law requires us to) so that we can
then remain safe within the law as opposed to remaining safe in convenience?
The electoral disputes
As law
required, political leadership in the country will be attained through competition
in an electoral process with the majority carrying the day. The process to
achieve that is now proving a liability to the country and we are handling it
to our convenience.
The last
seven years have seen us form an electoral body, gone through an election that
has left us badly divided and conveniently dealt with the outcome from it.
The two
major political players are not helping the situation either. Their actions
have not been for the interest of the nation but their own.
Whereas
we for good intent did laws establishing the electoral body with independence,
we in the years last two years went against the law and acted in convenience in
dismantling it.
We took
a political process (for convenience) leaving the law intact in handling our dissatisfaction
with the conduct of the electoral body. We had all the time since the elections
in 2013 to deal with the electoral body on the account of its breaches, some
which were proven. If we were objective we would have done it well for the
interest of longevity starting with the 2017 elections.
We did
set a wrong precedent that we can set the law aside and act in convenience. Kenya
Shall we all say “Mea culpa, mea culpa, mea maxima culpa” indicting our leaders, The President and the
opposition leader failed to honestly follow the law in handling the disbanding
of the IEBC.
Our unfaithfulness
to the general requirements of the law has opened up issues that should be
disturbing to all those who are genuine patriots. We have been treated to
secessionist talk. The judiciary has been thrown mud at for not agreeing with the
executive and the majority in legislature may be used to smear more mud. Will
we be looking at political or convenient processes to undermine other rights
and institutions? These conveniences are costly.
The
two competing sides have different positions as to how we should conduct the
elections. The incumbency favouring the status quo as the law requires on the
conduct of elections while the opposition is looking at having a reformed
referee before the repeat poll. What is the most convenient way of solving this
impasse?
The
country awaits the repeat of the presidential elections. As a Kenyan looking at
the economic outlook of the country we are fatigued and cannot afford to have a
lot of time in anxiety. We need the elections as soon as now so that we can
move on with our lives.
What
lessons should we learn from the situation we are in? It does not matter how
many times we reform the laws and regulations in the conduct of elections, what
we perhaps need to review are our credibility parameters as a Country,
Individually and collectively.
Kahugu
Muiruri
September
17, 2017