Impunity ends as new order restores honour to our nation

August of 2010 was indeed a true defining moment in the history of our nation.

We entered into the annals of history as having promulgated a ‘world class’ Constitution for ourselves and for future generations. It is world class for a number of reasons.

First, we did borrow quite a bit from already tested constitutions from around the world.

Secondly, with it we moved away from an era of complete executive control – which in turn had cultivated the culture of impunity we have known since independence – and ushered in a future in which we hoped governance would be according to the rule of law and devoid of any impunity.

Recent events have brought to light the old adage that “you can remove the man from the bush but you may not quite succeed in removing the bush out of the man”.

Our celebration of the new Constitution should have been the beginning of that movement from the bush into a new Kenya.

Quite clearly, changing from one worldview to another seems like an individual doing psychological violence to themselves.

For some of our people, it is extremely difficult to imagine a shift into the demands of the new Constitutional order from the traditional worldview of power as it has been practised since independence.

Tribal tendencies

In spite of our national consensus that we want to live together as a united nation, our tribal tendencies still haunt us.

Would one be really honest if they said that they were shocked by statements from some Western Province politicians regarding the matter to do with the Deputy Chief Justice?

Whatever the conclusion to that matter will be, it is quite clear that something did happen at the Village Market which adversely affected the rights of a Kenyan citizen.

After the process is put in place so that the rule of law prevails, some people now look at it as an effort to deny them a national position they regard as their right.

Chapter Six of the Constitution states clearly that the authority of a public officer is a public trust, which must demonstrate respect for the people, bring honour to the nation and dignity to the office as well as promote public confidence in the integrity of the office.

When we take this into consideration, a concern does arise even in the case of our public officers whose cases have been confirmed at the ICC.

Their continued stay in office would not have amounted to respect for the people.

Being part of a community of nations, it would not have given honour to our nation?

It would have been a bad measure of what a truly civilised society we want to be.

Dr Wamugunda is dean of students and sociology lecturer at the University of Nairobi. wamugundaw@uonbi.ac.ke