Integrity: Why Kenya Must Embrace the Culture of Stepping Aside

Published on 30th January 2012

As Kenyans process The Hague’s confirmation of trial for those now dubbed the “ICC 4” out of the original “Ocampo 6,” the political filibustering seems to be the subtle trick to protect “political sacred cows.” Recent announcement by President Mwai Kibaki that Attorney General Githu Muigai will form an ad hoc group to advice the government on the ICC ruling should be seen rightly as a most negative, despicable and vicious move that flies against civility; against the rule of law, and smirks of impunity.

In my reading of the Kenya National Dialogue and Reconciliation agreement that was signed by President Mwai Kibaki and Prime Minister Raila Odinga following post-election violence, Article 4 on Public Officers and Offices, clearly tells me that the heads of coalition government are bound to ensure that any person holding public office or any public servant charged with a criminal offense related to the 2008 post-election violence shall be suspended from duty until the matter is fully adjudicated upon. This is a very clear provision that even an individual with pedestrian legal understanding like myself would not have difficulties interpreting.

Secondly, Chapter 6 of the Constiution is unequivocal on public leadership and integrity, and it clearly demands that a public officer must bring honor and excite public confidence in the office that they hold in trust for the people of Kenya. Our laws demand that State officers must behave in a manner that does not demean the public offices.

State Officers are given diplomatic passports because they are in a way our ambassadors and transact on our behalf on the global arena. Is it not an embarrassment to have persons tagged by world courts to be confirmed suspects of international crimes representing and transacting on our behalf?

I am persuaded that we shall become the laughing stock of the international community if we allow confirmed suspects of crimes against humanity to continue transacting our State business in the global community. Does the appointing authority of this country have an idea of the kind of stress the ICC suspects are under? To my mind, to leave “government-nerve-centre” positions such as Ministry of Finance and Cabinet Secretary in the hands of individuals under this magnitude of stress is the State’s attempt at voluntary suicide.

The way I see it, our top leadership has a low supply of patriotism. If the accused are patriotic, law abiding citizens and innocent, they have to save us global embarrassment, humiliation and agony by voluntarily lying low until they are done with the trials.

Our country is a republic. We are a people governed by the rule of law; not the rule of men. The principle of rule of law expressly demands that all men be equal before the law. Civilized people keep law and order by upholding the rule of law. In a republic there are no sacred cows; there are no outlaws and no one is above the law.

Our jails and remand prisons are full of fellow countrymen yet to be proven guilty before a court of law. Some who have been proven guilty by a court of law still vehemently claim that they are innocent and are pursuing appeals from prison. What will we say of justice to individuals serving remand time for misdemeanors when they get to hear that a confirmed suspect of death crime continues to fly our flag as a government minister? Mr. Githu Muigai, presumption of innocence until proven guilty is not a preserve of politically correct souls.

If we can keep away from society for close to 20 years an individual suspected to have killed one person, surely the same or higher standard must be applied in a situation where an individual is suspected to have been involved in the death of over 1,300 innocent Kenyans!

Someone tell our Attorney General that he is a custodian of our laws and that any time the law enforcers disrespect the law of the land, they better be warned that they are courting anarchy. It is either law for everybody or no law for anybody!

Lastly, I address myself to Mr. President. Your Excellency, I am cognizant that this is a dicey matter politically for you and I do not enjoy seeing your back against the rope as it appears now.  But as a patriotic citizen, I have obligation to protect our constitution and kindly also remember the decision before you Mr. President is not negotiable because you swore to respect and uphold our constitution. Be a Statesman, rise to the occasion or history will judge you harshly.

By George Nyongesa

The author is a community organizer, blogger, political activist, radio talk show host and editor of www.bungelamwananchi.org


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