Ghosts of impunity, graft back to haunt the nation

Kenyans celebrated four very important things when the Constitution of Kenya, 2010 was promulgated nearly 14 years ago.

The first thing citizens celebrated was the newly born Constitution acknowledging the supremacy of God and placing the people at the helm of the new constitutional dispensation.

It honoured those who heroically struggled to bring freedom and justice and called for pride in ethnic, cultural and religious diversity – living in peace and unity as one indivisible sovereign nation.

The second cause for celebration was the assertion of the people’s aspirations for a government that values human rights, equality, freedom, democracy, social justice and the rule of the law.

Articles 1, 2, and 3 in Chapter 1 anchored the sovereignty of the people, supremacy, and defence of the Constitution in the sacred laws binding all Kenyans regardless of their status.

Third, the Constitution reinforced the principle of separation of powers in the three arms of government, the Executive, the Legislature and the Judiciary. It specifically sought to limit the powers of the president and enhanced the independence of the Legislature and the Judiciary.

It thus sought to address the historical imbalance of power among the three branches of government to reduce the dominance of the Executive branch. By establishing checks and balances, the Constitution aimed at creating a more balanced and effective system of governance.

Fourth, it anchored devolution to promote a democratic and accountable exercise of power and foster national unity by recognising diversity. It gave powers of self-governance to the people and enhanced their participation in the exercise of the powers of the State and in making decisions affecting them.

These provisions were meant to ensure the equitable sharing of national and local resources throughout Kenya, including State and public appointments, and the decentralization of State organs, their functions and services, and to enhance checks and balances and the separation of powers.

Kenyans’ celebrations were justified in that, since independence, they had experienced imbalances and injustices the new Constitution sought to redress, manifested in the culture of impunity, corruption and nepotism that had deeply permeated the nation’s political and socio-economic strata.

It took a bruising and long-running battle against an entrenched political and economic class and forces determined to perpetuate dominance over an exploited and oppressed citizenry for the new Constitution to emerge from labour pangs. 

‘Katiba’ was the culmination of a gruelling and highly ravaging liberation struggle in which lives were lost, limbs broken, families tormented, careers devastated, individuals’ rights manipulated, abused, misused and innocent blood shed.

Sadly, over the years, it has been strangled by manipulative forces that from the beginning sought to reverse the gains made from wananchi’s short-lived celebrations. The ghosts of impunity, corruption and nepotism are back to haunt the nation and its citizens. 

The perpetrators are gaining a foothold through the gift of the gab, deft manipulation of the Constitution, lip service to devolution and the fight against corruption, Executive capture of Parliament and covert and overt attacks on the media.

Marauding impunity is becoming increasingly apparent through nuances in the management of State, public and economic affairs, long after the chapter on leadership and integrity was trashed by those constitutionally obligated to enforce it.

The Opposition must urgently forge critical linkages with civil society and directly with the people to uphold and protect the Constitution in letter and spirit for moral probity and authority to prevail.

—The writer comments on governance and constitutional affairs

—albertoleny@gmail.com