Uhuru threat against courts heralds creeping dictatorship

In vowing that the August 8 General Election will under no circumstances be postponed, President Uhuru Kenyatta said something I back 101 per cent.

Anything that forces the postponement of the elections would precipitate a constitutional crisis of grave consequences.

We would be stuck with a whole bunch of parasitic leeches illegitimately in office; and the likelihood of a vacuum in leadership if those elected in 2013 must vacate office when their terms end before they have secured fresh mandates or been replaced through the democratic process.

TIMELINE

That could be a route to anarchy too terrible to contemplate. We must hold elections. On time.

I just pray that opposition presidential candidate Raila Odinga and his National Super Alliance colleagues appreciate this basic imperative.

The Independent Electoral and Boundaries Commission — which has brought on itself the election timetable crisis by mismanaging the procurement of polling materials and equipment — must in turn do everything within its powers to ensure a free, fair and credible election. On schedule.

SOLUTION
To this end, we can only hope that the election stakeholders meeting convened on Monday by the IEBC comes up with a solution acceptable to all.

If the succession of lawsuits filed by the opposition is to blame for throwing the election timetable into disarray, let us hope that a meeting of reasonable minds can resolve outstanding issues out of court so that election planning can proceed without further interruption.

However, meaningful conversation would be difficult when one party is busy threatening the Judiciary on a matter still awaiting adjudication.

INTIMIDATION
Pledging that the elections will be held on time is welcome, but when in the same breath they issue threats against the courts, President Kenyatta and Deputy President William Ruto are totally out of line.

The era when the Judiciary operated as a rubber-stamp of the Executive ceased with the exit of the Kanu one-party dictatorship, and must not be brought back, even by Kanu heirs.

PROTESTS
Mr Kenyatta and Mr Ruto may say that Mr Odinga’s troops have also been intimidating the Judiciary with those constants threats to take to the streets if the courts do not rule in their favour.

Two wrongs do not make a right. Secondly, it is one thing for individuals who hold no public office to issue sterile threats.

The opposition forces, just like the Jubilee social media robots and platform megaphones currently on orchestrated campaigns against the Judiciary, can issue all the empty threats they want.

PROSECUTION

It however becomes a deeply worrying threat to the constitutional order, democracy and the rule of law when the highest officers in the land take to threatening the courts, and by extension demanding judgments in their favour.

True, there are many occasions when our judges make confounding and illogical judgments that are not above criticism and scrutiny.

I, for one, have often questioned why our courts dish out ex-parte injunctions with such enthusiasm, make rulings that intrude on the workings of other arms of government or even private institutions, and lend an ear to thieves who seek immunity from investigation and prosecution.

INCITE
Still, one need not to be a lawyer to understand that we have a system of appeals for use by anyone aggrieved with a judgment.

We also have a disciplinary system where judges who betray their vows can be called to account.

It is a sad day when the President and his deputy ignore all known procedures, and incite public-lynch mobs against the Judiciary.

If Mr Kenyatta and Mr Ruto took time to read the various rulings they are unhappy with, they might appreciate the simple fact the decisions were based only on the evidence tendered.

POWER
If the Jubilee and IEBC tag team had no valid cases, or sent incompetent lawyers, they cannot blame the judges.

The danger we face is that the State has a monopoly on coercive power, and where unable to prevail through legal argument, might be tempted to go beyond mere threats.

God forbid that we go back to the era where the Judiciary was browbeaten into compliance, and where lawyers, politicians, journalists, academics and others who refused to toe the straight and narrow government line were jailed, brutalised or killed.

That is what happens in any regime where the rulers seek to elevate themselves above the law.

Email: [email protected] Twitter: @MachariaGaitho