Fierce battle for truth and soul of the nation

Closing 2023 during Kenya’s 60 th independence anniversary persuades us to take stock of the current state of the nation, reflecting on the perilous journey of our political, social, and economic evolution.

Kenya is wading through a tumultuous period of national political and economic crises including a high cost of living severely affecting millions of citizens leading to a contentious soul-searching for the truth, justice and salvation. The political and economic impasse, tempered by mediation through the National Dialogue Committee, has hit a stalemate on the cost of living despite reaching a marginal settlement on political and electoral justice issues. It’s a rugged, murky journey of condescending deceptive partisan politics, nepotism and a pervasive whiff of corruption as the fierce battle for power and the truth rages.

Kenyans have survived the hazards of this stormy national voyage to reach relatively calm shores, courtesy of divine intervention and strong pillars of the Constitution that have ignited this fierce battle for the truth pitting the citizenry and national leadership.

Only a constitutional review through the true will of the people freely expressed in a referendum can resolve the deep-seated issues causing seismic rifts in our nation.

Pretenders claiming ownership of this well-defined scope of our constitutional and national dispensation, whatever their status, beware. A nation is the people (citizens) who dwell in it.  They have exclusive ownership of the nation, no one else. Power belongs to the people absolutely, not to any individual. The Constitution’s preamble explicitly sanctions the people’s sacred covenant, invoking the name of God thus:

“We, the people of Kenya- ACKNOWLEDGING the supremacy of the Almighty God of all creation, HONOURING those who heroically struggled to bring freedom and justice to our land to live in peace and unity as one indivisible sovereign nation… BASED on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law. EXERCISING our sovereign and inalienable right… participated fully in the making of this Constitution.”

Without the preamble, the application of national values and principles of governance in our legal system are meaningless. Article 10 of the Constitution further binds all State organs, officers and public officers whenever any of them applies or interprets the Constitution, enacts, applies or interprets any law, or makes or implements public policy decisions.

This clause is read with the principle of separation of powers amid debate about the extent to which one arm of government – the Executive, Legislature and Judiciary – may intervene in the conduct of the other.

Of particular concern is a recent memo from the Executive to Speakers of the National Assembly and Senate citing what it termed “the rigid framework of Executive-Parliament interaction set out in Article 132 of the Constitution.”

The Legislature is controlled by the Executive whose recent statements and public pronouncements are seen as exceeding its mandate and dangerous for interfering with and violating the Constitution, while openly defying court rulings.

When Parliament and Judiciary cannot check the Executive, democracy is threatened, signaling autocracy or dictatorship. However, nobody can grab absolute power from the people anchored in the Constitution, regardless of their status in government.

Those with “borrowed” power through “free, fair, transparent and accountable elections” must uphold humility, transparency and accountability at all times they possess it. And return this borrowed power to the people whenever they demand it.

– The writer comments on governance and constitutional affairs

– albertoleny@gmail.com