Tag Archives: Leadership

The Abuse of the Sovereignty of a Nation and the Concept of the Rule by the People

Every other day I have been wondering about the concepts of ‘the sovereignty of a nation’ and ‘the sovereign will of a people’. I do not think the sovereign will of a people is ever actualized in the concept of the sovereignty of a nation in Kenya, except, may be, in 2002 general elections.

In my understanding of the concept sovereign, I lean towards the legal-online dictionary that has defined it as; “The supreme, absolute, and uncontrollable power by which an independent state is governed and from which all specific political powers are derived; the intentional independence of a state, combined with the right and power of regulating its internal affairs without foreign interference.”

Furthermore, I quote verbatim from the dictionary;
“When analyzed, sovereignty is naturally divided into three great powers; namely, the legislative, the executive, and the judiciary; the first is the power to make new laws, and to correct and repeal the old; the second is the power to execute the laws both at home and abroad; and the last is the power to apply the laws to particular facts; to judge the disputes which arise among the citizens, and to punish crimes.”

This brings to my layman’s understanding that as a Republic, the state has all the powers supreme and unlimited unto itself to determine how it will govern itself, its subjects and the way political powers are to be derived and applied, in the exercise of its own affairs internal or as may be. As a State, the Republic of Kenya, therefore has this sovereignty whose consequence is to use the Constitution to actualize her peoples’ own aspirations, in the derivation and exercise of political powers in self- governance of all matters Kenya or Kenyan. Not everybody can be an elected leader, universal suffrage helps us eliminate the ones we deem not appropriate our goals and aspirations.

It therefore follows that when one talks of the sovereign will of a people, it is about a social contract between how a people want to be governed by their elected representatives, for they constitute the elected leaders source of the political power, and the elected representatives, therefore, derive their authority to exercise political powers in governing of a country through the consent of the people, because the people have ‘willed that the elected officials’ act by the powers they confer unto them. However, this is sometimes a tragic fallacy that may fall short of political reality. To that end, I’m starting to see Kenya as an example.

What happens when an elected leader fools the election process, either on his own acts or not, or by the acts or not of the relevant Constitutionally mandated others, ascends to the throne of any leadership position, where by all facts and due observance of justice, does not deserve to have that mantle. Will his assumption of that political office, much as he may be correctly sworn in to that leadership position, be a true reflection of the will of the people?

There again lies my second dilemma, if it is not accordance with the simple rules of natural justice, will he be morally justified to seek redemption in the Sovereignty of a Nation when his leadership is not the Sovereign will of a people mandating him to rule?

So my questioning continues, will that leader be justified to tell the world, that in observance of Constitutional culture of adhering to it, that where the rules were flawed, and the Sovereign will of the people as enshrined in the Constitution is exercised by the Supreme Court and in its findings, based on its mandate as stipulated in the Supremeness of Katiba, annuls his election, is such a person justified to claim that “A bench of six judges, with only two dissenting elements, subverted the will of around 15 million Kenyans?” If you are of good moral fabric, and understand the law, the verdict is yours.

Each day, we believe that we are a sovereign nation, but the sovereignty of this nation is a piece of dogs smelly defecation in the true exercise of democratic rights, which are subverted by the very ungracious ways upon which we lack the power to enforce the true will of the majority. We have reached a point where executive power has entwined with Parliament’s buffoonery, rendering it an impotent source of election laws, that describe Jubilee’s open tendency to circumvent the judicial ruling, of why the presidential election was declared null and void due to the systemic errors in the transmission process.

One has to rule by the people through their consent. Jubilee is at pains to demonstrate this in a clear manner. Yet, they have an option even though improper. To demonstrate their political ‘acceptability’, the Jubilee Party has orchestrated a campaign in which doubts still exist as to the true expression of the will of the people.

Let us make reference to the mutilation of stringent election laws that were created to increase transparency. The checks and balances that were meant to safeguard electoral processes, so that the true will of the people is aptly documented and errors therein detected and interrogated, in the determination of the political will of the majority, has been tampered with by the new laws that are biased and create the impression that it favors Jubilee because of the time the Jubilee party has orchestrated for implementation. This is an unfortunate event in the country which may have disastrous long-term consequences.

Parliament has abated this ‘thugerism’ by rubber stamping the Executives will to normalize those anomalies through the due processes of Parliament, therefore abusing the Powers of Parliament checking the Executive excesses and overseeing its executive functions. Parliament has failed, because the Judiciary did its part, and pointed out the anomalies, but Parliament, through the tyranny of numbers of Jubilee, and the unfortunate toothless of NASA in its infamy of numbers, has executed Parliamentary coup to the Spirit and Letter of the 2010 Constitution, suppressing the voice of reason and auctioning transparency in our ever vile presidential elections

The ruling elite have constantly asserted that Kenya has a right to self –determination because she is a sovereign state. To that end I agree, but we must allow the correct process that leads to appointment of leaders, through the correct processes, be impartial and accountable with high sense of integrity. Through such a process, the outcome of the election process is likely to be deemed fair by a majority of Kenyans even if they are on the losing side of that election. In short the sovereign will of a people should not be subverted under the pretext of streamlining election laws.

I therefore caution the Kenya, not just in relation to Africa, but to the rest of the world, when people demonstrate and riot because of the political governance they are subjected to, it is because the will of the people more often than not has been trampled on. It is the reason why many Americans protested against Trump’s election. It is the very same reason that led us to the brink of rotting in 2007, and it is the same thing that can sow seeds of discord however successful the regime might be in suppressing the riots and dissenting voices, it reaches a point when trampling the sovereign will of a people, imposing leaders against that will even through domestic channels like Parliament, can lead to indeterminable depths of chaos in future.

Kenyans, open your minds, let us question ourselves. History will be a harsher judge to us in future than the Supreme Court. This court can never prevent us from the harsh judgments of our descendants, but the untold suffering we may potently brew for ourselves or them will never give a false ruling. The outcome of our silly adventurers of political mechanization will never stand the test of time when pursued to gratify the noisy few and disenfranchise the silent majority from enjoying the fruits of true democracy, either now or a century from tomorrow.

Remember Rwanda, the hunger for power and ethnic cleansing was ‘ethno-ego-centric’ in nature of unfair acquisition of power by tribes. That was, and is still is, a bitter lesson to the African continent and a harsh indictment of our fathers for their failure in preventing that genocide of 1994 from its root in the colonization policies of Africa in 1884. It’s signature copy is through the propagation of policies akin to Kenya’s infamous ‘uthamakism’

Take note, like in Rwanda, the explosion of 1994 was the consequence of two or three generation’s failure to act responsibly in handling socio-economic and political power struggles over a long period.

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Dubious Independent Candidates: Kenya in August 8th 2017

Politics can be a game of silent killers. In Kenya, there is a new breed of politicians coming to the fore due to the nature of the new Katiba. They are called the independent candidates. I guess you are familiar with the rule that if one finds that the philosophies of a given party are not palatable to their ideologies, then they can opt out joining the parties and run for elective posts as independent candidates.

It is now incumbent upon my mind that independent candidates are a mysterious bunch of political hang-coats (but not all of them). The term independent candidate in my mind conjures an image of a person who is not affiliated to any political party in terms of membership, association, or ideology. That is just a rough shod definition, but suffice is to say, independent candidates should not be backed by any political party machinery neither should they align themselves to any in whatever manner.

The description above is for the pure independent candidates who considered running for elective posts long before the 90 day window period of registering as one lapsed. These are the men and women who looked at the elections, let me say six months before the elections, and decided that the vile ideologies of NASA and Jubilee parties were not in tandem with their principles and beliefs in exercising their political freedom.

This are the gentlemen and ladies who subdued the very desire to be affiliated to any political fraternity masquerading as political parties out to sale their agendas to the populace in return for a promise of a vote.

And that is where the story ends with the original independent candidates.

The rest emerged after the political party primaries were concluded. They were the victims of the electorate irked to do away with their manifestos and bludgeoning promises of a harvest of goody goodies in case they get elected or for incumbents, what they have so far failed miserably to deliver. Among this group are those by all means so fair ethically and morally could not carry the day for them.

After the party primaries, having been so gracefully rejected, they conspired with the loopholes of the law and saw another option that seemed lucrative for them. The lure of independent candidacy… Within this group, they proclaim to the mountains and the voters that they were unfairly rigged out but will support the either Uhuru Mugai Kenyatta or Raila Amollo Odinga.

Seriously, do you call this bunch of political nomads independent candidates? Stock within this warehouse includes the names of William Kabogo and Achillo Ayacko. These were Jubilee and NASA failures in their party primaries en mass, the rejected lot whose manifestos were invalidated at the party primaries. There is no way this two can certify the general rule and loose defining terms of independent candidates.

They are the hang-coats who are assured that by supporting the political supremos who command the fortunes of votes in their political storms, they stand a chance opf redemption at the ballot casting scheduled for August 8th of this year. How then will someone convince me that they are non-partisan politicians who are out to redeem themselves as independent candidates with their obvious non-partisan politics?

The third bunches of independent candidates are the spoilers. They are operating on someone else budget and hence stand to lose nothing. If anything they have everything to gain. Their masters may have sensed a rough time in the coming turbulent political storms brewing towards the coastline of August. Knowing too well that sheltered enclaves are so few, they secure the services of independent candidates to they can claim some crumbs or chunks of bread from their opponent’s strongholds.

I may not have the facts but they are the ones who may have been bought to stand as presidential candidates from Western Kenya to scuttle the Luhya votes in favor of Jubilee, another one is from Embu who is running as a presidential candidate, may be at the behest of NASA to the detriment of Jubilee.

The last bunches of independent candidates are the idiots. This single group of the independent candidates is aware they have no fortunes at all in their candidacy. I consider Phillip Murgor as one of them had he not shelved his plans to run as a presidential candidate. They know too well lady fortune will not smile at them, they have no political mechanization and they are greenhorns in the dirty political games in which they are foraying.

Nexus of Mediocrity in Leadership and the Governance in Kenya- The Inept Mr. President

Approximately 45 months ago, as a nation, we brought in a new class of tumbocrats to the echelons of power in Kenya. They held the promise of kusema na kutender and flagged their development agenda on a high flying start.

Meritocracy was a language the two boys had promised tooth over nail to deliver, and to shun ethnic-inclined policies and tribal jingoism, in addition to executing nepotisms from the mantra of Kenyan policies and national ideologies. 45 months down the lane, they remain the very pinnacles of the Jubilee establishment that lends no goodwill to the sober political inclusivistic nationalism that was enshrined in the New Constitution.

The notion of patriotic Kenyans has been mapped into two distinct groups that show that tribal hegemony still holds sway in Kenyan politics. For clarity and disambiguation my insinuation of the two boys and their parliamentary choir master means Uhuru Muigai Kenyatta, William Samoei Ruto and one funny Aden Duale. This three have become the masters of chronic inaction by the executive arm of the government and its tyranny of numbers in Parliament to propagate and sustain a meaningful war on corruption, tribalism, ujingaism, upumbavucrasy and a host of other vices that undermine the true spirit of the Kenyan Constitution.

It is with regret that they have managed to entrench voter apathy to people who see the exercise of democratic elections as a futile attempt towards bringing meaningful change. The divergence of voter apathy in areas pro-opposition zones from voting was a good attempt at locking their fervent supporters to the ballot and disenfranchising their fanatical opponents from the very same destiny. The Two Boys and One Parrot had a strange belief that the entrapment of the ICC was their silver bullet to State House again.

They had the chance to go ballistic with nationalistic agenda that could have endeared them to the masses regardless of their political divide after 2013 election debacle, also made a farce by the Supreme Court arbitration of the election dispute. The ICC holds no sway anymore, and the agenda of the next election should be steered away from such topical maladies in our political thoughts as citizens of this country. Instead the boys and the parrot should recline themselves to policy evaluations and align themselves to political changes that may or may not favour them.

These boys and their parrot must rally to convince Kenyans that they are no longer swimming with the ghost of ICC after-tastes but completely focused to a new ideological dispensation that is all inclusive to all Kenyans. They must demonstrate that it is never too late to design a new approach in a storm, must prove that their versatility is not about preservation of the old status quo, because agreeing the status quo is an express approval of a constant slide into the abyss of socio-economic doom and economic turmoil as a country.

What Kenyans need now is not a shouting match of who knows how to head bash his political opponents, or the constant shouting of how their political nemesis Tinga is responsible for all corrupt acts in Kenya when they are in the very seat of power unto which they can direct relevant organs to get the truth. Blaming Raila for your failures Mr. President, is an implied approval that Raila is in control of what you have failed to do with all the powers conferred to you by the Constitution.

At this juncture the question that begs an answer is why again vie for another term when being the incumbent you already threw in the towel against the war on corruption? “Mnataka nifanye nini?” was the most nonsensical question ever posed by Kenyan’s incumbent president. On the other side Kenyans should stop fooling themselves that the president is not bad, that it is the power barons who surround him. Hell forbid and heaven forgive them if they do not know what they are doing. Birds of the same feathers flock together, the president’s pools of advisors, and his kitchen cabinet, are his focal points of judgement and important decision-making ventures he has to undertake. If he listens to them without reference to any other checks and balances, then he must shoulder the blame.

In a multi-party democracy the opposition will always plan how to oust the incumbent regime using the power of the voter, and that is by itself the promise of accountability. For any democracy to be effective, issues of loyalty and honesty to a political cause are paramount, but not based on tribal tags and whimsical buccaneering. Kenyans as voting-empowered citizens should be able to look beyond their tribal orientation and project free and authoritative independent minds in the political decisions they make.

The slogan “We must have one of our own to eat the national cake” is an utterly horrendous act intent to ‘stupidify’ unification of 42 tribes into a single national fabric called Kenya. So Mr. President, clean up your acts and start treating your opponents with decorum and dignity. More Kenyans are disdained by the unrelenting verbal tirades being traded by both sides of the political divide.

8 months in the political arena is too long a period. The opposition should not celebrate even an iota with the coveted NASA; Africans have a history that favours incumbents from inches to light-years in resources, sleazy treachery, time and distance. Yaya Jahmme of Gambia has a story tell, Kibaki played part in solidifying that element in African history, and Museveni propagates it with political brutality, not forgetting Mugabe and Kigame. So Mr President, have you lost the war on corruption, tribalism and divisive political mechanization to use this underhand tactics to avoid being a first-term president?