Kenya has been a country in constant search of the Nations. Taking a journey down memory lane, the past portrays a picture of a country that is continuously at war with itself. Our democracy has been sacrificed at the altar of electoral violence and fraud, while the economy has been hijacked by shifter-bandits who run the country from the shadows and who suck it like nectar.
The dream that was borne by our Fathers at the dawn of independence, of a free country where opportunities and access are equal to all, continue to remain just that – a pipe-dream. It is upon these considerations that President Kenyatta and his erstwhile political nemesis, Raila Odinga called for truce and established the Building Bridges Initiative (BBI) to cure these vices, but was it an honest move in the right direction? No. It turns out that the whole initiative is a big lie and here are some reasons we do not need it now.
First, it defeats logic. It seems almost unthinkable how a country, already suffocating under the weight of unpaid Chinese loans would want to spend and extra Forty Billion Kenyan shillings to amend its Constitution under the pretext of attempting to create inclusivity. If anything, the autochthonous nature of the Constitution already addressed the issue of inclusivity within the meanings of Article 27 on Equality and Freedom from Discrimination and Article 10 on National Values and Principles of Governance. These provisions are to the effect that all appointments must reflect the face of the Country through creation of the National Gender and Equality Commission. The problem is not in the absence of strict Legislations and Policy Regulations to enhance inclusivity and equality, the greatest dragon bedeviling the Country is that of a good Constitution lacking Constitutionalism. How is an equal society created, when the National Executive deem it fit to forcefully send to exile a citizen and at the same time flagrantly disobeys all Court Orders with respect to the same unlawful exiling? How is this country supposed to be united when the President, the Constitutional symbol of national unity, decides to repel from his cabinet those to whom he feels hold different political opinions? What about the political posturing and content of the BBI rallies across the country spearheaded by the opposition chief Raila Odinga? The Executive and Legislature have violated several provisions of the supreme law, do we still need rocket science to realize that even the proposed BBI can be betrayed so easily when it is convenient for the official power to do so?
Let us stop the charade, this nonsense is enough already. If we are honest in our desires to finding a lasting solution to our problems as a Country, the first cardinal thing we must do is to remain faithful to our Constitution and all other relevant Statutes, conduct ourselves within the confines of rule of law and remain true to our democratic ideals. The rule of law will ensure we do not improperly influence the Electoral Bod, Democracy will give us the fortitude to accept the election results, fidelity to the Constitution will ensure we strictly adhere to all the provisions of inclusivity within the grund norm. More importantly, we Citizens must rise above tribal cocoons and ensure the Government sticks to the law just as Plato has said,
“Justice is the life and conduct of the state is possible only as first it resides in the hearts and souls of the citizens,”
Justice Maraga sums it all in his now famous words,
“ the greatness of any nation lies in its fidelity to the constitution and adherence to the rule of law and above all, respect to God”
Lucky Kienga is a Kenyan lawyer with an interest in public governance.