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Twelve million Kenyans did not vote on October 26, 2017 and no election was conducted in 27 constituencies. The Independent Electoral and Boundaries Commission is unlikely to announce any plans for a repeat election in these constituencies soon.
The date of the swearing in of the President, November 28 at Kasarani, has also been designated by the opposition as a date for a parallel prayer rally at Jacaranda Grounds in Nairobi. The media and the opposition are likely to turn the day into one of measuring popularity by attendance. Another day of violence beckons. President Uhuru Kenyatta has his work cut out for him.
Rule by decree and armed force, killing and maiming of opposition protesters or turning to his ethnic support base will only alienate his community and himself further.
The talk or thoughts of amending the Constitution to allow him run for a third term come 2022 will alienate the ethnic support base of his deputy.
Whenever Uhuru is at crossroads, he frequently turns to his mentor, former President Daniel Moi. The counsel of his predecessor Mwai Kibaki is never sought by him or anybody else. The next two years will determine if the President, when he leaves office, will join the list of retired Kenyan presidents or the list of national statesmen.
The President should reach out, personally and institutionally to Raila Odinga and his co-principals, both collectively and as individuals. The opposition commands wide membership and following. Their followers are willing at very short notice to do the bidding of the co-principals.
The Constitution allows the President the latitude to appoint each of the remaining principals of the opposition party to his Cabinet. The Constitution allows him the latitude to give whatever responsibility to the principals including that of deputy or principal head of government administration at the same rank or below that of the deputy president.
The best time to make such an offer would be before the swearing-in on Tuesday. The opposition principals may well refuse the offer but being presidential includes the responsibility to be the bigger man. It also includes the responsibility to do whatever is possible to woo back the 12 million voters who didn’t turn up on October 26 and other Kenyans of similar persuasion.
The usual practice in Kenya is for presidents to appoint unelectable leaders from the opposition community in a show of national unity. It has never worked; it will not work. The 27 constituencies and 70 per cent of Kenyans will not be swayed by the appointment of politicians who they didn’t vote for. By offering their preferred leaders an opportunity to take part in the administration of their country, whether or not they accept the offer, will go a long way in starting the healing process the country so desperately needs.
Turning streets with protestors into seas of blood and turmoil, using police brutality and force of the law to intimidate opposition leaders and their supporters, as well as the Judiciary is an effective strategy but one with a very short expiry period. Were it not so, every country once colonised across the globe would not be independent today. Violence begets violence. Dialogue: peace.
The reason the 2013 polls were not followed by a stratified country was not just the new Constitution or the proceedings before the International Criminal Court. The fact that both presidential candidates were in the outgoing government and had access to government machinery leveled the play field.
Despite the “nusu mkate” rhetoric, the government of national unity worked. It guaranteed a country with national unity between 2008 and August 2017. For Uhuru, greater personal and visible engagement, a softer touch, outstretched arms not iron-gloved hands, will brighten, once again, Kenya’s dim lights.
-The writer is an advocate of the High Court of Kenya. [email protected]