And I am not talking about Russia.
2 weeks or so ago, we had elections. Several things have since happened and continue to happen. The first good news is we elected a functional illiterate as the governor for Nairobi. Clap for us. In another county, the governor-elect had to resign in the last government because he failed as a cabinet secretary. But you see, here, we love failures. We can’t do better. In yet, another county, their new governor was dismissed from the cabinet following accusations of theft of public funds in the tune of billions of shillings. You can see the trend, can’t you? We reward thieves, illiterates and failures with public office. So if you are anyone of the following, come, it is possible you will win before any honest citizen. We had exemplary candidates for MP [member of parliament], MCA[Member of County Assembly] but do you know what we did, elected thieves, illiterates and failures.
There is a petition at Supreme Court contesting the declaration of the presidential results. In 2013, I wrote about this court. It didn’t inspire confidence then, it doesn’t do so now. The justices, in a fit of drunkenness with power, warned us not discuss the matter before them. How wrong they are. We cannot live the question to the judges. We have a duty, a moral duty, to have a national dialogue on the conduct of the elections. And this right is protected in the freedom of expression and opinion. We can have an opinion and express it. They should concentrate on the evidence before them and let us the hell alone. Only now, they are on notice. This quote
This fatalism, however, will not stop me from speaking the truth that supports my cause. My appearance before this Court may be a pure farce in order to give a semblance of legality to arbitrary decisions, but I am determined to wrench apart with a firm hand the infamous veil that hides so much shamelessness. It is curious: the very men who have brought me here to be judged and condemned have never heeded a single decision of this Court.
from History will absolve me, by Fidel, best captures the prevailing mood for a large section of the population. We know the court is a farce. That its ruling is most likely to be an insult to our collective intelligence, but, we still go ahead with it. The electoral body blatantly disregarded court rulings on the conduct of elections. The executive has made it a habit to be always in contempt of court. The court is in contravention of the constitution on its composition.
I am certain the justices or their minions don’t read my blog, but they should take heed of this warning
Since this trial may, as you said, be the most important trial since we achieved our national sovereignty, what I say here will perhaps be lost in the silence which the dictatorship has tried to impose on me, but posterity will often turn its eyes to what you do here. Remember that today you are judging an accused man, but that you yourselves will be judged not once, but many times, as often as these days are submitted to scrutiny in the future. What I say here will be then repeated many times, not because it comes from my lips, but because the problem of justice is eternal and the people have a deep sense of justice above and beyond the hairsplitting of jurisprudence. The people wield simple but implacable logic, in conflict with all that is absurd and contradictory.
While an individual is not on trial, the court, while being the arbitrator on the dispute, is itself on trial. Anyone who can’t see that, is for shortness of my vocabulary, is an idiot. The independence of the court is on trial. The ability of the court to set a precedent in law that can be applied elsewhere not just in Africa, but in the entire commonwealth.
Related to matters elections, John Kerry, former secretary of state put his foot in his mouth when he made pronouncements on our election. Kenyans from all walks of life have advised him to help in the investigation at home in trying to determine if the Russians were involved in the US elections. Our matters are too complex for him.
On the constitutionality of the state organs, a number of us are petitioning the courts to rule that the state is in contravention of the supreme law.
Section 81 (b) on representation of the people is categorical that
not more than two thirds of the members of elective public bodies shall be of the same gender
And article 3 (2) is also categorical that
Any attempt to establish a government otherwise than in compliance with this constitution is unlawful
We pay an attorney general whose work, as stated in article 156 is the legal adviser to the government. What advise is he giving the government if he can’t point out such illegalities?
The constitution establishes the office of the judiciary. Their work, among others include interpreting the law. Since these judges and magistrates are first and foremost citizens, they should be at the forefront of defending the constitution. It is, in my view, dereliction of duty, for them to sit pretty, getting fat on the money we pay them waiting for some citizen to go to court to seek determination on these illegalities, when these are apparent. I argue that they are irresponsible citizens and should all be sent home for failing to uphold and defend the constitution which they took an oath to do.
And lastly, there is a more interesting debate going on too. There is a petition, by some communities, to secede. Those who want to secede refer to themselves as the Peoples Republic of Kenya and want secession from the Central Republic of Kenya. Whether it gathers enough signatures or not, it has brought to the forefront a big debate on statehood. On what it means to be Kenyan and why anyone would want to be in Kenya.
Judges, stand up. Be counted. Don’t sleep on the job.
Watch this space.