Kenya Stockholm Blog

What Should Happen if Suspected Criminals Vie for Presidency?

The Republic should be dissolved; the State dismantled; the Constitution set ablaze

How the politics of deception is played in Kenya

With the ICC indictments, there is now one more reason why Kenya is a failed State. The country cannot try its own criminals who are officially suspected of having committed crimes against humanity. From public records, majority of Kenyans who notoriously violate the Constitution are either holding the levers of State power or walking the corridors of power. Secondly, majority of Kenyans who are known “to act with impunity” are not ordinary Kenyans but members of the ruling class, their cohorts, sycophants, acquaintances and side-kicks. The ICC indictment of the “Ocampo four” has now brought the country face to face, not with another imminent violation of the Constitution but possible rape of the new document. In the process of trying to square the circle, the politics of deception has risen to its highest apex ever.

Notably, the case of William Ruto has been very disappointing. This is because laden with the optimism a Kenyan can place on a young and energetic politician, the natural expectation is that Ruto would have proudly walked away from the traditional politics of untruths, fabrications and tribalism to that of statesmanship, patriotism and even revolution. Now, the ICC indictment of the Ocampo four has finally exposed Ruto and shattered his political career, probably for ever. At the ICC, Ruto is a suspect of crimes against humanity but in Kenya, his profile is increasingly assuming that of a political chameleon who constantly changes colours for political survival. He appeared to have been surviving just a few years ago but now, Ruto seems to be growing desperate.

Take the latest lie he is shamelessly peddling to the public – that PM Raila Odinga has fixed the “Ocampo four”. As this callous lie is being sold at hastily convened rallies organized at strategic voter-friendly points, the official record of the historic ICC debate, which eventually killed the idea of a local Tribunal, does not matter. This is regardless of whether this record exists on video or in print. It is pointless to repeat here that Ruto and Company opposed the setting up of a local Tribunal because the big question is why Ruto is denying the undeniable and transferring responsibilities to wrong locations.

To jog the memory, it took more than a year as Kenyans tried to set up a local Tribunal and when time ran out, Kofi Annan gave Kenyans another two extra months to try again. What did the likes of Ruto say? The answer is right here.

The bigger problem however, is not the Ruto denials but the legal status of the new Kenyan constitution which is also being violated in the situation. Assuming that Ruto had campaigned for a local Tribunal, and assuming that Raila did fix the Ocampo four, does that mean that the country’s new constitution cannot also be respected because the Ocampo four feels aggrieved?

When Ruto led a political camp that opposed the adoption of the new Constitution, decorum dictates that he ought to respect this constitution following its promulgation last year. A true democrat opposes an idea but if he/she loses after the majority vote has carried the day, the democrat concedes defeat then abides by provisions of what was put to the vote. This is the standard process in any functional democracy.

In the case of Ruto (and, by extension, Uhuru Kenyatta) he has refused to respect the Constitution which bars him from contesting the Presidency on account of his indictment at the ICC following strong evidence that he masterminded crimes against humanity during the post election violence. If Ruto is violating the Constitution at this early stage, what will he do with the document in case he ascends to power through some divine miracle?

After opposing the Constitution, Ruto is now seeking to rape the document. Luckily, there is a very strong opposition that will, hopefully, stop him (and Uhuru) before the two can defile a sacred document, a defilement which carries with it very serious consequences for the Republic as a whole.

Building a new Kenya if suspected criminals vie for presidency
For now, concerned Kenyans can only hope that William Ruto and Uhuru Kenyatta will fail in their mission, not because Raila (or anyone else) is fit to lead Kenya, but because if Ruto and Uhuru succeed in raping the Constitution; and with the kind of impunity the two suspects are exhibiting in public, the democratic gains of the last three decades of bitter struggle by the Kenyan people shall have been wiped out.

If this rape occurs and Ruto or Uhuru presents themselves as Presidential candidates, no Kenyan should ever value that piece of paper called the Constitution. If I were to make recommendations in the event of Ruto or Uhuru presenting themselves as presidential candidates, the Constitution should be torn into pieces and the pieces burnt to ashes.

In paraphrase, if the two suspects ever get a go-ahead from anybody or any Institution in Kenya to present themselves as Presidential candidates using whatever pretexts, every right thinking Kenyan who can get a copy of the Constitution should bring it to Uhuru Park (or freedom square or anywhere central) and set the document ablaze in a huge bonfire using the most inflammable brand of petrol available in Kenya. Why?

Even with the new Constitution currently in place, our country is recognized as a failed State and a banana republic to boot. This is one big reason why the Rutos could not be tried in Kenya, forcing ICC to take over the cases. If the two are allowed to rape the Constitution, there should be no reason why the country should not slide slowly towards anarchy. In fact, the argument for anarchy may be very strong. If the so called leaders cannot follow the rules agreed by the majority who are being governed, why should the majority follow the same rules in the interest of the leaders?

Obviously, a banana republic or a failed State is better than an anarchistic republic as recently witnessed in Iraq following the overthrow of Saddam Hussein. In any case, Kenyans do not have to look far for a perfect example of the brand of chaos that can engulf the country if things go wrong because very few Kenyans have forgotten the post election violence. Should the country be held to ransom because of the fate of two suspected criminals who should have quit politics to address the bigger issues facing them? It is the duty of every Kenyan who loves the country to join the movement to stop these suspects right on their tracks.

Ruto and Uhuru ought to be preparing their defence teams, not creating tension in the country with talk about contesting elections. In other countries like the former Yugoslavia and Rwanda, such suspects hide from public view as their hide-outs are sought with latest technology. It is anathema that in Kenya, these suspects are holding political rallies and threatening to seek high office, time when they talk freely about violating the Constitution as they are cheered by idle, drunken, corrupted, unemployed and brainwashed youths they call “supporters”.

If criminals suspected of having committed crimes against humanity are allowed to stand for Presidential election through bending of the rules by their contacts in government, my proposal is that the Republic of Kenya should be “dissolved”, the Kenyan State “dismantled”, the Constitution “set ablaze” and the country split into independent Provincial zones of Majimbo. The provinces can then govern themselves and provinces which can agree to follow a common set of rules (a new constitution) can then unite to try and build a new and democratic Kenya from scratch.

The risk is that in the absence of such an alternative, the country may have to prepare for a civil war because 40 ethnic communities will not accept to be ruled for ever by individual and corrupt members of two ethnic groups who seize State power by stealing elections, raping the Constitution or bending the rules at their pleasure.

Okoth Osewe

February 2, 2012 Posted by makozewe | News & Analysis | 18 Comments