CORD abdicated its duty in Parliament

It had to happen, one of these days. It just had to. When it did, it was in plain sight. Broad daylight. So brazen that it failed to register in most people's minds. That is why we think we did not see it, yet it seems familiar.

It is like witnessing a road crash and being too surprised to be horrified. There are people who know about these things, so perhaps we shall get to know the intricate mental and psychological dynamics around this phenomenon.

Ladies and gentlemen, I refer here to the mass resignation of CORD as the Official Opposition. Just as the delirious young men chanted in 2007, CORD members of the National Assembly decided “No Raila, No Opposition!”

We must face the facts. Outside Parliament, Raila Odinga is at best potential energy. At the same time, without Raila Odinga, CORD is hopeless in Parliament, or at least, the National Assembly bit of it.

After endless false starts, empty threats and futile posturing, CORD finally decided. Decisions are not easy things to do.

Even so, a coalition must do what a coalition must do. Sometimes it is better to decide badly than to just sit there. CORD took a horrendous decision and rallied to revive its ill-fated 'Okoa Jahazi' agenda.

It decided to oppose the Security Laws (Amendment) Bill.

In future, political, historians and analysts will marvel at how an entire ideological movement combined its gutsiest decision with its dumbest choice.

After months of fear-mongering - where they basically told every Kenyan that they would die painful, violent deaths unless Raila became president - Cord resolved to oppose the legislation intended to reassure the people in terms of their security.

The coalition had managed to hammer fear into many hearts. As a result, Kenyans wanted solutions. Government had been working non-stop since April, 2013 to repair decades-old systemic damage to our security system.

In time, radical changes to the legal and policy framework underpinning national security became inevitable. So CORD panicked. All prophets thrive on our fear of evil and eternal damnation.

The idea of the Devil dying is therefore doctrinal anathema to all evangelists. They would simply perish if the Old Nick died peacefully in his sleep.

The coalition imagines that Kenyans are vulnerable to their blandishments when they are afraid. That is why their most exuberant political performances are reserved for funerals.

Anything that would guarantee more security and freedom from fear, is unacceptable to CORD.

This is the reason its opposition to the Security Bill was so desperate, visceral and primal. The legislation represented an existential hazard for the Opposition.

Up to this moment, no CORD legislator or commentator has troubled themselves with connecting any of their grievances to specific items of the law.

Their reasons for rejecting it have been mystified in hysteria and nebulous hype. They speak generally about freedom and the 'dark days', desperately trying to invoke memories of bygone years.

It is true that the raw Bill had its issues, and numerous legitimate proposals for amendment were advanced by many stakeholders. None came from CORD leaders.

Instead, it used the opportunity in the House to demonstrate to us how ridiculous and disgraceful it can be when it puts its mind to it.

It became a riotous assembly on the floor of Parliament, and refused to do anything resembling legislation, oversight or representation.

In short, CORD not only abandoned its duty as the Official Opposition, its members also abdicated their role as Members of the National Assembly at the most critical juncture.

This is after making noises. When the Bill became law, CORD leaders quickly announced that they would be heading to court to canvass their opposition to the Act.

This is where it gets totally horrific. The coalition wants a court to perform the functions that it neglected to do in Parliament.

They want the Judiciary not only to get involved in legislation, representation and oversight, but to do so on their behalf.

In short, CORD wants the Judiciary to also be the Official Opposition. That is taking our confidence in the Judiciary too far.

How will we allocate parliamentary constituencies and committee duties among judicial officers? What about the separation of powers, which lies at the heart of the rule of law?

What will CORD be doing, if it has outsourced its constitutional mandate to the courts?