12 years ago, after several years of agitation, civil society action and hotly contested election among others, we promulgated a new constitution that in some ways expressed the aspirations of the people- sort of. For the most part, it was a national effort. And when it was taken to the polls, it was supported by a majority of Kenyans and it became the supreme law of the land. So we can say that was a rebirth of the nation.
But it was infected immediately with terminal illness. Immediately after, other opportunistic diseases took hold and the rest as they say is history. The nation is hurtling down a fast lane to death. Maybe it is already dead and walking among us as the living dead.
You see, the new law had a whole chapter dedicated to integrity. It had minimum ethical or should I say moral requirements for would be office holders. It was hoped by the framers of this law and the people, that this requirement would with time see the public service cleaned up of people of questionable characters but this wasn’t to be.
Kibaki infected the new law with impunity- the terminal illness- by making appointments outside the law. The judiciary did not and still doesn’t seem to know what to do. But the disease got a boost when Kenyans against all common sense decided that the best thing to do is to elect, among others, the two people who were at the time answering charges of instigating a sort of ethnic cleansing. Unless you are slow, you know where this ends.
Impunity has reigned supreme in the last 12 years. The gender rule, parliament failed in its mandate to actualize it. Even the Chief Justice failed when it mattered. So in effect, the supreme law was infected with a deadly disease from which it would not recover. And my friends, when the law dies, the nation dies it.
We recently had elections and in his first act, the president has appointed a cabinet that says in no uncertain terms that death to chapter 6 is the intended goal. How does he defend appointing to his cabinet a person who is in court answering to charges of murder, discharging a fire arm in public and all.
So, it is the supreme law and with effect the nation that I today I announce its death. It leaves behind impunity, lawlessness and sleaze as its orphaned children. We hope they will not suffer greatly.