×

Coalition is dead, but Kibaki should not bury Kenyans with it

By Abdulahi Ahmednasir

"Despair is typical of those who do not understand the causes of evil, see no way out, and are incapable of struggle" — Vladimir Lenin

Any self-respecting government that fails to pass a crucial Constitutional Bill has only one option. Resign. But don’t expect the scary nightmare of a Coalition Government between President Mwai Kibaki and Prime Minister Raila Odinga to do so any soon. It is a shameless union that is destined to end in ignominy and ruin the republic unless stopped in its tracks.

The defeat of the Bill to entrench the ludicrous recommendations of the Waki report into the Constitution must be welcomed. Both the recommendations of Waki and the Bill were premised on the false concept that since Kenya is a failed State that doesn’t adhere to the rule of law, and in which impunity reigns supreme, the temporary setting up of a tribunal with foreign judges and prosecutors in control will be the perfect panacea to all the ills facing the republic and its citizenry.

Whereas it is true that the rule of law is in a perilous condition, and impunity is the norm, Kenyans must resolutely refuse to accept the notion blindly peddled by our political leaders that our salvation and true reforms of our country will come from abroad. We must accept the undeniable truth that Waki’s recommendations were too outlandish to be taken seriously. We must also admit that Parliament in defeating the Bill acted in national interest.

We are however at the tipping point to a chaotic situation and with little chance of redemption unless we make an emergency brake. The recipe that leads to a failed State in Africa is present in our country. Indeed our plate is brimming with the ingredients. There is a creeping sense of institutional decay. The erosion of State institutions is growing fast and furious. The Attorney-General has folded the law books and smiles at criminals. Corruption is endemic.

The courts barely function. Unemployment and economic stagnation have engulfed us. Tribalism is practised as Government policy on both sides of the political isle. We have a Government that has no idea why it is in power, and even less on what to do with it.

The most persuasive argument advanced by the proponents of the tribunal is that it will end impunity. It is true that impunity is a national problem. The political elite has decreed the suspension of the law as it concerns them and their relatives. But how a temporary tribunal manned by foreigners on a temporary visa can end the entrenched vice of impunity is beyond my comprehension. What will Kenyans do if the violence recurs in 2012? Appoint a Waki-like commission; form another tribunal with foreign judges and prosecutors?

The tribunal would have had a shackling thematic mandate in that it addresses specific events that occurred in 80 days. How can a tribunal that addresses the events of such a short time frame end impunity that started in 1963 and was solidified with thick layers of brick, cement and barbed wire in every subsequent year?

Defeat of Bill

Respect for the law can only be brought about by permanent institutions, invested in by Kenyans, manned by Kenyans and for Kenyans addressing all the facets of our society’s ill. Redemption like independence will only come with the efforts of Kenyans!

The defeat of the Bill is a godsent opportunity to take the country in a new direction. The Bill was principally lost because the Coalition Government is seen as unmitigated disaster. Taking advantage of this new dawn heralded by the defeat of the Bill, Kibaki and Raila must start a new journey to end the nightmare that is their Coalition and start a fresh. This is what they should do for a start.

First, disband the Cabinet and reconstitute it a fresh. Take the views of the people on board and make it a lean Cabinet of fourteen members. The principals must appoint known reformers and do away with deadwoods, ethnic chauvinists and anyone implicated in corruption or political violence.

Second, the Government must overhaul the justice system. In this regard, the Judiciary, which is tottering on the brink of total collapse, must be revamped. A functional and fair justice system is a prerequisite for a stable State.

Third, the President and the Prime Minister must spearhead a national prosecution effort to arraign in court all those implicated in corruption and political violence. The rhetoric to fight corruption and end political violence must give way to sustained prosecution drive.

Fourth, Kenyans must start civil disobedience and agitation in order to put pressure and influence change. The civil society played a glorious role in reforming the country through agitation in the 1990s. It is puzzling to decipher why the same group is treating this similarly despicable regime with kindred gloves.

—The writer is an advocate of the High Court. ahmednasir@ahmedabdi.com