We can resolve impasse through dialogue

Every Kenyan knows that the Constitution of Kenya, 2010 was realised and promulgated through blood, sweat, and tears. It was meant to cure the ills, gaps, and shortcomings of the independence constitution.

Some of the gaps and shortcomings that the 2010 Constitution addressed included doing away with imperial presidency and transferring power to independent institutions.

Another important aspect is the separation of powers between the three arms of government and the role of dialogue, communication, mediation, and the rule of law in providing checks and balances.

However, separation of powers does not mean the misuse or abuse of power or the licence for one arm to disrespect and ridicule another. No country can avoid conflict if leaders in the three arms of government are not prepared to put the national interest above their official and working relationship.

It is in this context that the Constitution created independent institutions such as the Independent Electoral and Boundaries Commission, the National Land Commission, the National Police Service Commission, National Cohesion and Integration Commission, and the Judicial Service Commission (JSC)—for the national interest and not to serve the whims and interests of the political class.

These independent institutions are expected to conduct their affairs with strict fidelity to the law. They should carry out their mandates without fear or favour. They should not be seen to be partial towards any political formations.

The independent institutions listed above came into existence when the Grand Coalition government was in power and all the current top political leaders (some in government and others in the opposition) played key roles in choosing their leadership. One wonders why all of a sudden, these leaders are not trusted. Why are some of these institutions suddenly the centres and sources of political crises? Is it because they determine the next leadership of our country? Of course! And that is why we need to protect these constitutional offices.

Our country belongs to the more than 40 million Kenyans and they should be allowed to determine their destiny through constitutional institutions.

What is the way out of the current political impasse, less than 400 days to the elections? I suggest that the elections be postponed to August, 2018 to allow appointing authorities time to select and appoint credible electoral commissioners. The Kriegler Commission recommends that electoral commissioners should not be appointed to office less than two years before an election to avoid a repeat of the scenario of the Samuel Kivuitu team that was appointed to office just a few months to the election date.

The postponement of the elections would give the Judiciary time to sort out its mess, which has inspired lack of confidence and caused confusion. This would also ensure that there is enough time for the JSC to recruit a suitable Chief Justice. Parliament will also be able to put in place the necessary legislation to create a conducive environment for the electoral body to conduct a fair and credible election.

We should learn from the mistakes of Zanzibar, which appointed electoral commissioners from political lists. This is against the Kenyan Constitution, which in Article 88 prohibits political parties from appointing electoral commissioners. Such commissioners would owe their allegiance to the party that nominated them rather than have the interests of the country at heart.

We owe it to our children and future generations to have a stable and prosperous country and the only means to have that is through dialogue, negotiation, discussion, and respect for one another. Postponing the next election is a small price.

Mr Abdullahi was a member of the Committee of Experts that drafted the Constitution of Kenya, 2010; [email protected].