Provisions on integrity aren’t cosmetic legislations

If former Nairobi Governor Mike Mbuvi Sonko would have been on the ballot for the Mombasa Governor position as of today, this opinion would have been as toxic as they come. I mean, I would have thrown in the towel and surrendered to the unfortunate fate of being a citizen of a failed State.

So when I read the verdict by the Supreme Court on Friday on Sonko’s appeal against his impeachment in his previous position, I kissed the gods. I realised this country still has sane people, rare personalities that God occasionally sends to save us from our folly.

Whether you like it or not, credit goes to Chief Justice Martha Koome. Without engaging in shouting matches with politicians and ambulance chasers, Martha is pronouncing herself in a very subtle but authoritative manner. To her, the law is so clear that the fuss was totally needless.

The ruling of the Supreme Court was, indeed, supreme: “Chapter Six of the Constitution was not enacted in vain or for cosmetic reasons. The authority assigned to a State officer is a public trust to be exercised in a manner that demonstrates respect for the people; brings honour to the nation and dignity to the office; and promotes public confidence in the integrity of the office. It vests in the State officer the responsibility to serve the people, rather than the power to rule them,” ruled the Supreme Court.”

Now, I have stated previously that I hardly do politics, unless it touches on very fundamental issues of governance, and thus the survival of the Kenyan nation. Secondly, I have never met Sonko and, therefore, have nothing personal against him. But to be sure, I did not vote for him as Nairobi Governor and preferred to “waste” my vote, as Kenyans are wont to say. My conscience dictated so. Fortunately, the outcome has vindicated my judgement.

Which part of the term “impeachment” does Sonko’s lawyers don’t understand? It is also wrong for media to perpetuate the charade and waste their audiences’ spare time at this moment when Kenyans are hungry for pertinent news. Chapter Six is a living statute that actually bites.

Initially after the ruling, the Chairman of the Independent Electoral and Boundaries Commission Wafula Chebukati seemed to be second guessing the Chief Justice. That was a clear case of overstepping his mandate and interfering in the work of other jurisdictions. There was no grey area to warrant the hesitation. May be we are so used to corruption that it has become synonymous with integrity!

Sadly, Kenyans worship money, literally. Even people who portray themselves as the epitome of piety do not mind licking the boots of crooked wealthy individuals and justifying it, even in the name of God. You wonder how we are a professed Christian nation but feature among the most corrupt countries globally. We must revisit the application of Chapter Six across the job market where hundreds of Kenyans are thriving on fake academic papers, corruption and impunity. Education Minister Prof George Magoha recently fired the first salvo by lamenting his lack of powers to verify all degrees in the country to weed out the fake ones.

Ultimately, this fakery will be our undoing. Imagine fake doctors and engineers undertaking sensitive tasks like heart surgeries and construction of expressways, respectively. At this rate, we will soon reap what we sow. And it will not be a good harvest at all.

Well, for us to survive, we surely need another Martha at the reins, this time of executive power. I can only imagine a combination of Martha Karua and Martha Koome. That is a sure recipe for a radical change in the way things are done in this country, from “everything goes” to an uncompromising stance to the rule of law.

— The  writer comments on international issues