Nominations impasse: Let reason prevail

The Standard Comment

The country is yet again caught up in a situation where political temperatures are building up as politicians from across the divide sharpen their tools for next political battle.

Because of their hardline positions on the row over President’s Kibaki’s nominations of four individuals to key constitutional offices, the reaction of the coalition partners Party of National Unity and the Orange Democratic Movement on Speaker Kenneth Marende’s ruling was not entirely unexpected. Whereas ODM politicians praised it as fair, those from the President’s PNU party were livid and adamant that they would challenge it next week.

It is unfortunate that the filling of the key offices soon after the passing of a new Constitution should be reduced to a contest between two political factions and in complete disregard of the aspirations of the people whose quest for constitutional reform has span decades.

The circus surrounding the controversial nomination of the four — Alnashir Visram for Chief Justice, Prof Githu Muigai (Attorney-General), Mr Kioko Kilukumi (Director of Public Prosecutions) and Mr William Kirwa (Controller of Budget) — has been a clear pointer that most of our politicians are too obsessed with their selfish interests that they are blinded to the greater national goals and interests.

It is for this reason that we appeal for reason and sobriety to prevail in dealing with potentially polarizing matters so as to find ways of achieving consensus in resolving the impasse and moving the country forward.

First and foremost, it must be clear that the challenge at hand is not about who will win or who will lose as there must be only one winner — the nation of Kenya and the people’s interests.

The issue must never be about the supremacy of political parties or political leaders and their allies. The issue should not be centred on succession politics.

It must also not be about who can shout the loudest or who can demonstrate unbridled emotion.

It would also be morally wrong for politicians to reduce constitutional implementation to a simple contest of mobilisation of numbers for political expediency either in Parliament or at rallies.

The sycophancy being exhibited by politicians so far in this debate is unhealthy and unhelpful in getting the two principals to navigate around the impasse.

It is important to disabuse those with the notion that the issue at hand is about the person of the Speaker of the National Assembly Kenneth Marende or the individuals whom President Kibaki nominated to the four constitutional offices. It is not about personalities and those who think so are missing the point by a wide margin.

In seeking to fill these positions, all players should not be driven by the desire to control the holders of these offices.

In the current impasse, what must remain our focus as a people and a Government — notwithstanding our inherent personal opinions and ambitions — is the common good. There is urgent need for deliberate efforts aimed at building trust and confidence in our institutional pillars.

There is also need for commitment to respect the spirit and letter of our Constitution by ensuring that any actions on implementation must not only be consistent with the our supreme laws but also be seen to reflect the aspirations of the people as envisaged in the quest for constitutional reform.

It would be important that all critical national institutions have the right people with the right skills, expertise and suitability that can be relied upon as custodians of these offices, hence they must be filled through a process consistent with the provisions of the Constitution. The debate must be about building bridges for national healing, harmony and mutual trust, all aimed at ensuring stability and national cohesion.

It must be about acknowledging our unique circumstances as a Government and a country and seeking ways and means of allowing compromises in the pursuit of public interest.

Leaders should not forget that the current structure of Government is not the most ideal but we must remain cognisant of the fact that it was a marriage of necessity out of a then deepening national crisis.

Our country is coming from a past where key constitutional offices like that of Chief Justice, Attorney-General, electoral commissioners and others were beholden to the Executive and the ruling party. The fact that the President could unilaterally appoint people to these positions was identified as an inherent weakness that could only be cured by introducing checks and balances in the Constitution.

This is why we have consistently held the position that if the appointment of people to fill in these key positions is left to the two principals to agree on as some have argued, the national quest for strong institutions would have taken a beating. It would be unfortunate for Kenyans to let the political class to nip in the bud the country’s aspirations.

History has bestowed on the Members of the Tenth Parliament the onerous but noble responsibility of getting the new Constitution up and running. They must live up to the task by staying sober and burning the midnight can oil to come up with the requisite legislation to ground it. If they continue with the political grandstanding and brinkmanship, they risk going down in history as the Parliament that missed an opportunity to book their place in the Hall of Fame.

On the other hand, Marende’s ruling gave the principals a second chance to reflect and give reason a chance when he ruled that the nominations were unconstitutional. However, yesterday’s assertion by Kibaki that he acted within the law now leaves the matter squarely in the realm of the constitutional court to determine.

The latest position taken by the President that he acted within the law is significant in the sense that all three arms appreciate the need for independence. It is therefore imperative that every arm of Government must carry out its mandate without meddling from any quarter.

Parliament must continue to play its role of making laws, the Executive must implement what is envisaged in the law while the Judiciary should interpret the law without fear or favour.

We are confident that the three judges will make their ruling without being influenced by any vested interests.

And as the country awaits the ruling by the constitutional court, we urge the two principals to act resolutely in lowering the political temperatures so as not to present a situation that opportunistic political actors intent on hurting their political opponents take advantage of to breed hatred, mistrust and disharmony.

We urge Kibaki and Raila to have the moral courage to lead their charges towards the higher ground of reason.

It would be unfortunate if the two principals and their lieutenants retreated to their corners to scheme on how to harden their positions for a final victory for that victory, if it is not for the people, will be hollow.