Sunday 20 January 2008

The myth of the presidency

As we continue to mourn the dead and console the displaced, I hope that we will ask ourselves WTF just happened. We know the genesis of the chaos but do we really understand the manner in which fellow Kenyans have resorted to protesting a flawed election and in particular I have in mind the 'guilty by tribal affiliation phenomenon'.

The fact that in the just concluded elections 9 out of 10 times you could tell a person’s political affiliation by their names is a big shame for our country. It cannot be that everyone engaged in a dispassionate and objective analysis of what the competing parties had to offer and the tribal connection was just a coincidence. Sadly I believe Kenyans have engaged in a back to front approach when it comes to political choices. We revert to a tribal default and then work from there. The division was probably as sharp as it was because there were valid arguments for and against on both sides.

However we cannot bury our heads in the sand, we must wake up and smell the tribalism with its overpowering stench. And we must confront and challenge it if we are to take anything from this sad and horrific episode in the history of our nation. As a resolution to the crisis is sought it is extremely naïve to think that a change of guard at state house will resolve the underlying problems.
As long as tribe continues to be the key barometer in assessing our leaders; we have millions that are poor, disenfranchised and disillusioned; I believe we will never be too far away from what we are experiencing.
The fact that someone can consider attacking a neighbour whom they have lived with peacefully because of their tribal (and perceived political) affiliation, is indicative of how endemic tribalism is in our society. There have undoubtedly been a settling of old scores but even these are largely based on tribe.

It would be absolutely fantastic if the protesters on the streets of Kenya were fighting for democracy per se but unfortunately (and possibly unwittingly) they are fighting for a change of guard. The fight for democracy is a means to an end rather than an end in itself. Some might question this assertion thanks to their current political inclination but all I will do is summon history.

Was it not the Kibaki’s, the Karua’s, the Kiraitu’s, the Kibwana’s et al that were leading yesteryear’s fight for democracy? Is it not very clear that they were fighting for a change of guard rather than democracy? Once the former was achieved the latter took a back seat. Ponder that!

The key dilemma of the position that we find ourselves in is that under our current constitutional arrangement we have what seems like a winner takes all scenario. This makes the stakes look much higher than they actually are. It’s an oft-expressed opinion that a Kibaki win offers very little to 99% of Kikuyus and in the same vein a Raila win offers very little to 99% of Luos. But the myth of how beneficial it is to have a president of matching tribal affiliation persists.

So what?

We must debunk the myth of the presidency not only through civic education but also and more importantly through institutional reform. The long and short of it is that we must emasculate the presidency. There are some key reforms that we simply cannot afford to ignore because the current set up has been either a catalyst to the chaos or a hindrance to the resolution of this crisis.

Constitution
This debate has been had and there is consensus that we need a new constitution. No need to say any more.

ECK
Those three letters send shivers down my spine. That an exercise of such magnitude and importance to our nation was entrusted to them as conveniently constituted by Kibaki beggars belief and more so with hindsight.

We must simply overhaul the whole electoral system and if we could change the name even better for my spine.

Appointment of judges
It is widely accepted that we have nothing near independence in our judicial system. Here again this is old ground and the need for reform is a nobrainer.

If our judiciary was actually independent and was also seen to be independent ODM would have gone down this road and this may have saved us some of the trouble we have experienced. It simply isn’t and it is no surprise that one should feel they will not get justice from Kibaki’s recent appointees.

Appointments to public institutions
That the president should make appointments to so many public institutions is frankly ridiculers. It simply perpetuates the myth of winner takes all when we all know that the beneficiaries are a few of the president’s cronies.
Furthermore it makes it such that the appointees are not put through a rigorous appointment process and Kenyans end up with third-rate managers.

Power from the centre
We must devolve power under a new constitutional order. We must make it such that it doesn’t matter so much who is at the centre because power will be spread across the country. Please do not give me that majimbo, ugajimbo drivel, we simply need more power and resources closer to the people.

However the reform is undertaken, within or without the constitution is to my mind a detail to be worked out by those with better constitutional and legal understanding.

The politicians
At present Kibaki represents the status quo and there is little evidence that he wants to rock the boat. Therefore it will be upon Raila to push the change agenda.

Raila’s rallying motto during the campaigns was infrastructure, infrastructure, infrastructure which at the time is a sentiment I agreed with. But in the face of what are more pressing fundamental problems for our country, I hope he will change this to reforms, reforms, reforms, a course to which I think many Kenyas will subscribe.

Parting shot
Bottom line is that this is an ‘opportunity’ we cannot miss. The lives lost and damage done to the country must not be in vain.

We simply cannot do the same thing, using the same institutions and expect different results.
Let us wake up, smell the tribalism, the myth of the presidency and we will recognise that we all want the same thing – a better life for ourselves and our descendants and that this will not be achieved by having 'our' man in the seat of the presidency.

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