On August 27th
2010, Kenya
promulgated her new constitution and by extension, turned the country into a
nation that will be determined by litigation. It’s a ridiculous conundrum, to
have to resolve interpretations because the framers of the constitution decided
to rely on ambiguity when it came to definition of certain terms. So, I blame
the framers of the constitution for tossing in an ambiguous term such as
“Integrity” into the constitution as a parameter for determining a candidate’s
suitability for State Office without detailing what exactly defines
“Integrity”.
How indeed
can we determine who will be our civic leaders if we, as Kenyans, have never
taken the time to define what is integrity for ourselves? How do Kenyans define
integrity? Consider this cyclical rationale – “Integrity is someone who is not
corrupt.”
Ok, then,
what is corruption?
Kenyans are
a naturally corrupt lot. Yes, you are all very corrupt. Should the traffic be
bumper to bumper, you are very glad that your matatu driver is ‘jumping’ the
queue. If you can get a passport faster, you will pay extra. If it’s easier to
give 500kshs to a cop, you will do it. You are corrupt, everywhere, everyday.
So if integrity is someone who is not corrupt, then not a single Kenyan has
integrity.
Kenyans
have never defined for themselves what these terms are, and because the framers
of the constitution were too lazy to find out from the nation what integrity
really means to the population, they left the matter subject to interpretation.
So here is
where we as a people get dragged into court room duels between lawyers and
supervised by Judges over the legal interpretations of terms as yet not defined
by the republic. It is at this point, the comedic emerges. One civil society
lot petitions the high court over the eligibility of 2 presidential hopefuls
who are ICC suspects, the other lot also enjoins the remaining 3 top
contenders. In addition, these cases must reach their logical and final
conclusions before the elections can legally occur. Meanwhile the incumbent
president remains in charge.
In the
background, the average Kenyan vents and fumigates over how so and so, who is
their preferred candidate is unfairly being targeted. While they focus on the
integrity cases, believing, perhaps wrongly, that this is what will determine
the outcome of the next election, they also vent vitriol in public forums
against their perceived enemies, and the ethnic communities of those “enemies.”
For those
that may have missed it, it took about a month of violence to bring our nation
to the brink of war. In the last 5 years, very little, other than talk, has
been done to foster peace between communities. In fact in the last 5 years, Kenya has
repeatedly had several internal conflicts often small in geographical terms,
but great in political terms. If this government is not careful, the next
elections may certainly be an explosive version of what happened in 2008.
What irks me
is that on top of all this, is that we are faced with seemingly endless litigation,
because we, as a nation, don’t know what integrity is. Because we cannot define
something that we never expect to actually have to live up to, but only expect
others to exhibit.
A
definition of terms was necessary in the framing of the constitution. It is
imperative, that as a nation, despite our cultural differences, we can
collectively agree on universal values such as Integrity.
The fact
that the Constitutional Implementation Oversight Committee has invited the
public to participate and contribute to the drafting of the Integrity Bill
appears to be a mere Band-Aid solution. Lets we forget, the CIOC were also
crucial to the vetting of one Nancy Baraza, whose “Integrity” since that time
has soundly been found wanting.
Judging
from the CIOC’s judgment of Ms. Baraza, the CIOC has yet to prove itself worthy
of judging anyone’s integrity.
At the end
of the day, the average Kenyan is bound to be disappointed, whether amendments
and deletions are made to the Integrity Bill or not. And the simple reason is
nobody has any idea what integrity means to a Kenyan.
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