To impeach Ruto is to play politics, take him to court and prove case

How can the alleged war on corruption not be political or politicised?

Kenyans love and live siasa (politics); corruption drives our politics; and siasa drives our corruption.

It is why it must take political willpower to initiate necessary legislation; formulate policy; drive action to isolate and fight corruption; and, then, fight it when it fights back.

Therefore, it must take the initiative and leadership of the President, parliamentarians and respective agencies to propel the war on graft to the top of the national agenda, to ownership by, and top of mind of, the citizenry, and, ultimately, to success.

It is political action to move against, or to threaten to move against, the President, Deputy President or a governor with, say, the threat of impeachment.

OUSTER

Impeachment is a legal tool created by political exigencies to cause action aimed at instilling discipline in the exercise of power.

Impeachment is a political process executed by partisan and vested interest-inspired parliamentarians.

Suffice to say in the US when Republicans control the Legislature but not the white House, they are likely to move to impeach the President to deafening howls of authoritarianism from chagrined Democrats.

When Democrats control the House and a Republican is in the White House, then they discover the legal masterpiece called impeachment and its awesome power in legislative oversight.

Kenya’s politicians will like corruption because it is lucrative and brings in money as well as power. If corrupt deals will bring in the money, provided they provide the protection, they will play ball.

DESTABILISE

If corruption is the best weapon with which to weaken and bring down a political supremo, his foes will embrace it and wield it in a scorched earth strategy.

Why? His exit will create a vacuum and our politics abhors a vacuum. Fighting the corrupt bestows accolades on the fighters and stands them in good stead to run for elective offices.

When Ugenya Senator James Orengo threatens Deputy President William Ruto with impeachment because he has been publicly implicated in corruption, he is talking about a potentially explosive and destabilising political process.

This is driven specifically by Chapter Six of the Constitution on leadership and integrity. But the question Mr Orengo would have to answer is why he would choose the political route over court process.

Why not investigate, arrest and arraign the DP on the myriad graft allegations made against him?

JUSTICE SYSTEM

Because impeachment offers a quick, dramatic and humiliating spectacle that could be decided in a sitting where two thirds of the legislators will be required to be present and voting to carry the day.

Due process will be long and drawn out and exhausting. But make no mistake; both will be deeply divisive; will inflame emotions; create a potentially high octane atmosphere; and fight the tag of politically-instigated action to derail Dr Ruto’s presidential ambition.

Indeed that’s the crux of the matter and it can only be resolved in either case by the body of evidence presented in support of the allegations against the DP.

But while lawyers among lawmakers will lead the impeachment process, fighting crime, which is what corruption is, and weighing evidence, is the province of the courts.

So was Mr Orengo wearing his lawyer's or politician’s hat? Decidedly the latter. Why?

ANTI-GRAFT WAR

His intervention followed President Kenyatta’s sharp, carefully worded, targeted and drastic escalation of the public humiliation of his Deputy.

To paraphrase the President: We will fight you, no matter who you are, and even if you are my close political ally you will not be spared the purge of graft.

And the President's statement from Namibia followed an exchange of brickbats over war on corruption between the DP and Mr Raila Odinga. Yes, that is Mr Orengo's party boss and Mr Kenyatta's foe-turned-ally.

The trio are cranking up the political rhetoric on the alleged war on graft which excites, teases and polarises.

But it is not matched by investigative or prosecutorial action against Dr Ruto, the presumed mastermind of mega corruption.

The upshot of this is a frenzied escalation of the political war of attrition against the DP and a ramping up of the for-and-against Dr Ruto rhetoric.

Neither fights corruption. But each ensures the continued erosion of the DP's stature ahead of a planned referendum on the Constitution and the 2022 General Election.

Dr Ruto should be tried, on the nail, in an impartial court of law and not impeached in a partisan circus of lawmakers.

[email protected]