Enforce Constitution or resign, CJ tells Kenya leaders

State officers must enforce the Constitution fully or honourably resign, Chief Justice Willy Mutunga told the Kofi Annan meeting on Kenya progress on Monday.

Speaking when he gave a key note address at the two-day meeting, Dr Mutunga said complying with Kenya's new Constitution was not an option however unpalatable some officers may find its provisions.

The CJ made the comments as he called on Kenyans to ensure that they respect the Constitution in an equal measure as they demand for their rights.

He said that there were some Kenyans who are not ready to make a “mental shift” in regards to the new Constitutional provisions. Dr Mutunga also said that all provision are to be respected and those who feel that they are uncomfortable with this should know that exit from office is also an option.

“Constitutional provisions are there to be obeyed and any public or state official who finds certain clauses administratively inconvenient must be reminded that vacation of office is a honourable option if one no longer feels capable of honouring his or her oath of office to protect, defend and uphold the Constitution,” said Dr Mutunga.

The CJ gave the remarks ahead of a panel discussion at the third National Dialogue and Reconciliation conference at the Crowne Plaza in Nairobi on the new Constitution and what must be done to ensure that Kenyan abide and respect its provisions.

“All Citizens must live by the edicts of the Constitution. Living by the Constitution is not the reserve of leaders. Living by the Constitution is not a choice, all Kenyans must comply, from the tinniest house to the State House. We are under obligation to follow the Constitution, not some individual clauses,” said Dr Mutunga.

He added that the public must also respect the Constitution and should not violate the rights of other individuals.

“If you elect a leader who does not fit Chapter Six of the Constitution is no different from a leader who does not want to respect court orders,” said Dr Mutunga.

The CJ made the comments at a time when there is debate on a court ruling that has asked the government to arrest Sudan President Omar Al-Bashir who is wanted by the International Criminal Court.

Reforms

The third KNDR conference kicked off with addresses by Prime Minister Raila Odinga and former UN secretary general Kofi Annan.

The two speakers addressed the need to ensure that various institutions being put in place have the proper capacity to allow them to deliver on their respective mandates.

Mr Annan, who was the chief mediator in the peace talks that followed Kenya's 2008 post-election violence, challenged the country to focus on the proper preparedness for next year’s polls. He noted that the country has made a lot of progress in electoral reforms.

“Discussions on elections must now move to the level of preparedness. Kenyans must now focus on the legal and technical aspects to ensure that the country has a free, fair and credible election in 2012,” Mr Annan said.

Mr Annan also said that aspiring politicians must make heed that the usual way that politics have been played in Kenya is no longer possible. He warned that all Kenyas including politicians must respect every aspect of the Constitution.

“There has been progress in the country since the promulgation of the Constitution and a large number are happy with the implementation process. Constitution has created a new Kenya with new institutions that bear a burden that should know that it is no longer business as usual,” said Mr Annan.

The former UN chief also said that the 10th Parliament must press ahead with reforms putting in mind the spirit and letter of the constitution adding that the legitimacy of the Constitution lies in the authority of the people.