Guard against vile attempts to sabotage fresh presidential poll

The lull brought about by the public display of unity of purpose by embattled officials of the IEBC early this week is the clearest indicator that holding elections on October 17 is inevitable. I would have been happier if this attempt at burying the hatchet among the top poll officials was coming after the release of the eagerly awaited Supreme Court judgement.

I believe in the sovereignty of the will of the people and this repeat election will confirm the gap between President Uhuru Kenyatta and Raila Odinga in the race for State House. The awaited judgement will definitely have far reaching ramifications on the way we shall be conducting polls going forward, especially now that the Supreme Court did not point any illegality on the actual votes attained by the candidates.

As Kenyans, we have no option but to respect every bit of the judgement. We have to move on as a country. My submission is that moving on is hinged on our preparation for the repeat polls. This preparation must be accompanied by a call for peace during these trying moments.

Further, I hold the view that this country must not be sabotaged ahead of the repeat elections. Already, there are some political and judicial players who seem hell bent to sabotage the repeat vote, leaving us to wonder whether the court victory by the Opposition was handed in pursuit of a free and fair election or an attempt at an extraneous access to power.

The Supreme Court condemned the IEBC for having committed illegalities in the transmission of results. It, however, went ahead to order it to conduct fresh elections. Legally speaking, only this commission can conduct the fresh election. It therefore smacks of ill motive and a deficiency of patriotism to suggest that the commission be discarded. For the record, discarding the commission is not even an option. The court, perhaps aware of the impossibility of getting a new team for this election, was clear that the repeat polls must be carried by the current IEBC.

My hope is that, in its forthcoming judgement, the Supreme Court will offer a clear and precise blow-by-blow analysis of specific areas which must be reviewed internally top avoid the pitfalls of August 8. To deal a blow to political brokers thirsty of the blood of the IEBC CEO Ezra Chiloba, the court must help us move from this quagmire by specifically naming the individuals that are alleged to have breached the Constitution to an extent that a convincing presidential win was overturned. This specificity would help institutions such as the Directorate of Public Prosecutions to determine if the culpability of the persons involved, if any, was predetermined. In that sense, it would be a travesty of justice if any official at IEBC is victimised for errors that may not have been their personal responsibility.

The import of this legal process is to deny merchants of witch hunt a chance to cast their net into the whole IEBC as an institution with a preconceived motive to block the repeat polls. The Judiciary is at pole position to either enter into the annals of history as catalysts for democratisation of this country or as agents of sabotage to the expression of the will of the people.

Neither the Judiciary, the commission or the hard working Kenyans have the luxury of time towards a conclusive end to this constitutional obligation that lies ahead. Our courts, even as they administer justice depending on the evidence presented to them, must exercise patriotism by only admitting genuine applications related to the elections.

We must support the IEBC in reviewing its systems as well as in its preparation for the repeat polls. Any attempt to frustrate the electoral body could lead to another contestable result.

At the back of our minds, it is critical that the Judiciary and all the other players take cognizance of the fact that the economy of this country is headed for the doldrums if we do not abate the campaign mode in the next two months.

There is growing strife in the country as political activities since January had led to an economic slow-down. There was hope that the economy would pick up as soon as possible after Election Day, and especially after the endorsement of the results by the international community as free and fair. All this will have a forced extension by two months.

I beseech all stakeholders to demonstrate high levels of patriotism towards a quick conclusion of the repeat polls. This is our beloved country and we just can’t afford to senselessly ruin its peace like we did in 2007.

- Mr Mositet, a civil engineer, is former Kajiado Senator. [email protected]