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The Nairobian

Our Constitution is a perfect guide if you mean well

Opinion

By Mike Nyagwoka | Aug 04, 2024

**When President William Ruto received instruments of power from his predecessor Uhuru Kenyatta at Kasarani Stadium during his inauguration** **as the 5th President of Kenya on September 13, 2022.** [Stafford Ondego, Standard]

A question that keeps arising in the quest for a new political dispensation is who exactly can be trusted to lead that change.

Several names have been thrown into the mix including Okiya Omtata, Kivutha Kibwana, Reuben Kigame, Fred Matiang’i, and many others. My opinion is any Kenyan of good standing has the capacity to deliver the Kenya we desire, but on only one condition: He lives by the oath to abide by the Constitution.

Without this, even the most impressive individuals can disappoint. The 2010 Constitution is a powerful document that can guide any ordinary Kenyan leader to extraordinary success and an inimitable legacy. Unfortunately, it is the most abused document, with a good number of Articles rendered obsolete and others useless. In the 2010 Constitution, Kenyans expressed their distrust for government and sought to have many rights protected within.

Following the experience where a lot of powers were concentrated around the presidency, they also sought to protect some government functions. This led to about 14 independent commissions and offices, including the Judicial Service Commission, Teachers Service Commission, Public Service Commission, Salaries and Remuneration Commission and National Land Commission, etc.

The unfortunate bit is these institutions tend to take the character of those appointed to head them and operate by the mercies of the appointing authority. Not once have some of these institutions made decisions clearly non-independent.

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The other significant check was need for parliamentary concurrence on several presidential appointments. The history in Kenya is everything passes. Even when matters of great consequence, such as unexplained wealth, corruption cases and questionable academic certificates, arise, the President’s call takes the day. The importance of public participation when passing laws and policies cannot be overstated. All these are the fulcrums of our governance and deliberate measures to protect our democracy.

The idea was that whoever gets sworn into power does not have the luxury to do as he wills. That the contract he signs with the people is to protect the Constitution as per the oath he takes.

Unfortunately, most current leaders were raised under the old constitution, where the President had his way. They find it hard to adjust to the new era where the people must buy in. It is the reason the Building Bridges Initiative failed and the Finance Bill 2022/2023 has been thrown out.

However, the bigger debate is what we do to leaders who either abuse the Constitution or allow its desecration. In countries like South Korea, former President Park-Gyeun Hye served 5 years out of a 24-year sentence for corruption. Former French President Nicholas Sarkozy was convicted for illegal campaign financing.

In Kenya, the current administration came with the promise of forming a State Capture Commission. However, that idea seems to have fizzled out.