Election date judgement was patriotic

The three judges who on 13th January 2012 guided the country on the methods to use to determine the date for the next general election are patriots. They were not out to please anyone ; instead they delivered their judgement for the benefit of all Kenyans. Judges Isaac Lenaola, Mumbi Ngugi and David Majanja will go down in history as arbiters who ended petty feuds among politicians on when next to seek the people’s mandate to rule this nation.

The people in Kenya are eager to go to the polls. In a way they are fed up with the current leadership which is made up of two people brought together by a tragedy of civil war, which saw the death of well over a thousand Kenyans. Indeed as the three judges were delivering their historic ruling the country was still eager to know whether those who caused the disastrous deaths of innocent Kenyans would get away with that heinous crime or they would be punished according to the law.

The case before the judges was basically to determine who among three top lawyers in this country, leading three powerful competing groups, was constitutionally right. The first group, led by Charles Nyachae of the Constitution Implementation Commission wanted to have the elections in August this year. The second group , led by Ahmed Issack Hassan of the Independent Electoral and Boundaries Commission and backed by the Attorney General Githu Muigai wanted the elections to be held in December this year. The third group led by Prof. Yash Pal Ghai wanted to have the election take place next year.

All the three groups claimed the Constitution backed their stand and yet in every group there were very highly respected lawyers. Couldn’t they interpret the Constitution in the same manner as respected lawyers? For some very strange reasons they did not, which was a very beautiful lesson for the ordinary wananchi – lawyers don’t have to agree because they are eminent. Very strangely the more eminent they are the more independent minded they become. This has at times had very disastrous multiplicity of legal opinion on matters of great national importance such as the date for general election of a country.

As the three judges said in their ruling the next elections in Kenya will be an important milestone in the implementation of the Constitution. Conducted properly they will, as the judges said, provide a chance for renewal and change. Unfortunately renewal and change are what some of our political leaders have been fighting against. Their main reason for being in Parliament is to perpetuate the status quo where the rich are getting richer as the poor continue getting poorer.

The leaders I am talking about were in the forefront in the opposition to the current Constitution. Now they seem to have undergone a complete metamorphosis and they claim to be second to none in championing the cause for the implementation of the Constitution. They will soon be asking the people of Kenya to let them lead the country in the name of the Constitution they rejected.

Among the most important sentiments expressed by the three judges concerns the opportunity the new Constitution gives to the people of Kenya . They said the first elections under the Constitution will provide Kenyans with the opportunity to test their capacity for change as they will be required to choose new leaders whom they believe conform to the values and principles of the Constitution and who are committed to ensure that the dream of a new Kenya realised on 27th August 2010 is firmly established.

These words clearly show that judges were not interested in pleasing anyone involved in the dispute about the date for the next elections. All they were concerned with was to interpret the new Constitution correctly.Without beating about the bush the judges said they were conscious that their findings may be unpopular with a section of Kenyans who have preconceived notions about the elections; but the judges hastened to remind Kenyans that their undertaking was not to write or re-write the Constitution to suit popular opinion.

Their responsibility was to interpret the Constitution in a manner that remained faithful to its letter and spirit and gave effect to its objectives.
In doing so they were cognisant of the fact that the Sixth Schedule was a compromise political package arrived at between the various factions of politicians in order to ensure passage of the Constitution. Believing that they were discharging their constitutional responsibility correctly by delivering a fair and accurate interpretation of the supreme law, they called upon all Kenyans to continue with the task of Constitution implementation and nation building.

For those words of wisdom to have any meaning they must ruthlessly be applied by the entire community during the forthcoming elections. To begin with the people must understand that in the next general elections there will be so many imposters and false prophets claiming to have almost divine powers to lead Kenya into greater prosperity and democracy. Many of the imposters will have their own tribes and clans as their political foundation to provide them with the wherewithal to power.
But the Kenya of tomorrow will have no room for such tribal leaders.

Indeed there is no place for tribal political parties in this day and age of our political development. That is why the constitution is so strict about the kind of political parties that can be accepted in this country. According to Article 91 (1) of the Constitution every political party shall have a national character and also have a democratically elected governing body. Today we are already seeing political parties belonging to individuals who hope to be tribal candidates for the presidency of Kenya.

Kenyans know the leaders who back political parties for ideological reasons and they also know leaders who create political parties as ladders to political power. The Constitution requires political parties to promote and uphold national unity; abide by the democratic principles of good governance, promote and practise democracy through regular, fair and free elections within the party. In Kenya there is probably only one political party that comes close to having those qualities.

The three judges have given the country enough time to reorganise all the political parties in keeping with the constitutional requirements. It should not really matter whether we have election in December this year or sometimes next year. What is important is to have free and fair elections that are also peaceful.