Destroying parliamentary, judicial autonomy is foolhardy

Over the last month, I have tried, and failed, to make sense of Jubilee Party’s reaction to the annulment of the presidential election. Here is why: First, President Uhuru Kenyatta and his Deputy William Ruto came out guns blazing after Chief Justice David Maraga. This was a squandered opportunity for the duo to burnish their credentials as custodians for the rule of law and democracy. If indeed they won the election, they should have accepted the re-run and sought to ensure that it happens within the 60-day constitutional limit. But by training their ire at the Supreme Court and the CJ, they instead created a perception that they were opposed to transparent polls and judicial independence.

This is unfortunate, and says volumes about the quality of political advice that the president and his deputy receive. There is a sense that no one at State House is thinking beyond the next five years. Second, the ongoing process in Parliament to tame the judiciary and rewrite statutes governing our electoral process makes no strategic sense. There is no other way to view this than as a bad faith effort by a ruling party to further entrench its dominance. It is also dangerous for our democracy. If Jubilee gets in the habit of jamming through such controversial laws through Parliament in an effort to signal loyalty to Messrs Kenyatta and Ruto, we will soon find ourselves in an autocracy.

Third, it makes no sense for Jubilee to push for the sweeping institutional changes. It is common knowledge that there is a looming intra-Jubilee battle over the Kenyatta succession. If the Ruto wing is to win this battle, he will need all the institutional powers he can get. JP was formed as a commitment device to cement the 2013 pact between Kenyatta and Ruto. But JP will only be as strong as Parliament and the judiciary. Once Parliament is subordinated to State House, what stops Kenyatta from changing the electoral laws to weaken parties vis-à-vis sitting MPs? And how will Ruto fight this if the judiciary is also an executive lap dog?

And if Ruto manages to succeed Kenyatta - which he most likely will even without the central Kenya vote – Kenyatta and his core elite supporters will need strong institutions to balance the new president. Which is why destroying parliamentary and judicial autonomy is a foolhardy move. Without strong institutions, what will stop a President Ruto from engaging in extra-constitutional means of rebalancing the distribution of power and wealth in the country? It makes absolutely no sense for Kenyatta to create an imperial presidency right before he retires. Term-limited presidents have strong incentives to tie the hands of their successors.

It is time for adults in Jubilee to stand up for what is in the best interest of Kenyatta and Ruto, and Kenya. Otherwise the self-indulgent among them will cut off their noses to spite their faces, in the name of sticking it to one Hon Raila Odinga.

- The writer is an Assistant Professor at Georgetown University. Twitter: @kopalo