Deputy President Rigathi Gachagua believes the Republic of Kenya is 'Kenya Republic & Co. Limited', a limited liability company, that will distribute jobs and resources of Kenya to shareholders, defined by him as only those Kenyans who voted for President William Ruto in last year's elections together with, perhaps, a few gazetted Venezuelans.
Our ancient seer Mugo wa Kabiru had already foreseen this. In 1896, (together with his words on the railway), he prophesied that later a wise leader would move a Motion that Parliament being, of course, the General Meeting of the Republic Company, must expel all persons from the National Assembly, who had not been voted for by Kenya Kwanza supporters, since only Kenya Kwanza persons are members of the company.
Then, the wise leader (Mr Gachagua (?)), will later announce that like all other companies, the only meeting his company must compulsorily hold is the Annual General Meeting. Therefore, he will move another motion, that Parliament need not meet more than once a year.
Also, the Cabinet will be renamed the Board of Directors. Whatever the Board resolves, will be published every Friday in the Kenya Company Gazette, including the generous allowances of Sh202 million every month to the Directors, and the annual dividends of Sh202/- to all Ordinary Members, who can come and collect this on their motor-bikes. Company payments to the Chairman and Deputy Chairman, and demolitions of Portland houses or dairies will not need any resolutions.
They say once in Germany, there was such a company style government. Mr Gachagua will find further precedents there, useful to his concept of government.
Now let us bring Mr Gachagua back to present-day reality. President Ruto has publicly corrected him on this point, stating the Government of the Republic of Kenya is for all Kenyans and regions, even for those who did not vote for the successful candidate. Yet Mr Gachagua is still giving out fake Share Certificates.
Last week, "seven UDA MPs backed Mr Gachagua in demanding that those who voted for President Ruto in last year's elections should get a lion's share of jobs and resources." (13 October 2023, Nation Media Group). And Mr Gachagua vowed he will continue to drum up support for UDA unity on that basis until the next elections in 2027.
Our Constitution forbids this company style government and such sectional 'unity'. This is a danger to constitutional democracy. More, Mr Gachagua knows this and yet persists in this unlawful activity. This is contra-constitutionalism.
But the most dangerous message Mr Gachagua's illegal persistence is sending out is this: 'We do not care what the Constitution says. We will obey what suits us. We will disobey any curbs on what we want to do.'
This is the start of authoritarian regimes which reach power by supposedly constitutional means, who having taken the benefit of power do not want to be bound by the checks of the Rule of Law.
And the more faiths' bodies, lawyers, professionals, parties in opposition, media, and citizens keep silent on Mr Gachagua's unconstitutional pronouncements, the more he will disobey and boast about them.
His open campaigning for 2027 votes by offering illegal benefits, illegally distributed, is what the IEBC should be watching out for. The IEBC is not to be a silent spectator to illegality, undue influence, bribery and treating, nor is it a watchdog only for the three weeks of campaigning before the elections.
Now is the time for IEBC to issue a statement to the Kenya Kwanza coalition that this approach will attract sanctions against the coalition and its constituent parties, the mounting evidence for which is the unambiguous and continuing public statements of Mr Gachagua and UDA lawmakers.
His actions, and philosophy if any, are causing further divisions within the country, and are weakening the social and political cohesion of Kenya. This should also attract the attention of the National Commission for Integration and Cohesion.
Under Article 249(1) of the Constitution, Commissions are required to "secure the observance by all State organs [and State Officers] of democratic values and principles; and to promote constitutionalism." Mr Gachagua is doing neither. To correct this, Commissions should act on their own initiative, per Article 252(1)(a).
-The writer is senior counsel
