Who is against a free and fair General Election?

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By MAKAU MUTUA
Posted  Saturday, August 11  2012 at  19:43

IN SUMMARY

• These people – forces – believe that the next polls will be akin to a ‘political guillotine’, hence their opposition

I have a startling revelation – a true bombshell. Guess what? There are some malignant Kenyans who don’t want a free and fair election. I don’t mean “Wanjiku,” or the hoi polloi. I mean prominent, powerful, and wealthy people. Call them the “owners” of Kenya. You know them. That’s why we won’t name any names.

But they are against the “little people” – you and me. Methinks I know why they oppose a truly democratic election. And it’s not just my crystal ball that’s been “seeing”. Nor must you be a genius to “divine” why “they” want to scuttle the election.

Think about it – all the evidence is “hidden” in plain sight. Nothing’s more dangerous than a wounded lion.

A curious thing happened this past week. America’s Secretary of State Hillary Clinton breezed into town.

Powerful Kenyans

The third most powerful American had one singular message for the four most powerful Kenyans. She told President Mwai Kibaki, Prime Minister Raila Odinga, Chief Justice Willy Mutunga, and Speaker Kenneth Marende the same thing – don’t mess up the upcoming election.

The unequivocal message was delivered point blank. It wasn’t crude or blunt, but neither was it sugar-coated. Does Madam Secretary know something we don’t? I don’t think so – she was simply confirming what we already know.

There are some people who are very – extremely – unhappy about the elections. These people – forces – believe that the next elections will be akin to a “political guillotine”.

I will tell you why. The “old Kenya” is on its deathbed. I know, I know – it isn’t dead yet.

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But mark my words – it’s dying. The “old Kenya” has been ruled by a feckless elite. It sees no evil, hears no evil, speaks no evil, and does no evil. It’s been a thieving elite. It’s surname is “impunity”. It’s a fat, out-of-shape elite – literally and metaphorically.

That’s because it eats too much red meat, drinks too much alcohol, and doesn’t exercise.

It doesn’t apply its mind to the national interest. There’s only one problem. While death is certain, it may take a long time. Remember this – the kicks of a dying horse are the most wicked.

It’s people within this “old elite” that don’t want a free election. They see the next election as a death warrant. They fear extinction. I am afraid they are right. That’s because the “new Kenya” will bury the old.

Political class

But deaths are painful. So are births. That’s why on March 4, 2013 there will be a funeral of one political class, and the birth of another.

But only if we have a free and fair election. The history of “modern Kenya” may start then in earnest.

If the stars align, Kenya will finally be liberated on that fateful day. The true potential of our people will be freed and let loose. The blood-sucking elite will have their comeuppance.

What am I talking about? The new Constitution is the “coffin of the old order”. It’s also the “cradle of the new order”. But this isn’t news to the Dracula-like elite. That’s why they tried to kill the adoption of the new Constitution. They failed, but are determined to despoil it – by preventing its implementation.

However, there’ve only one sure way to bring the new Constitution to naught – by either winning the next election, or making it unfree and unfair. In a word, scuttling it. It’s going to be a “battle royale”.

The future of Kenya will hinge on it. It will be a contest between the people (David) and the looting elite (Goliath). It will be titanic.

Just how did we get here? Good political science will tell you how. It’s been through the sweat – and blood – of people who believed in the “idea of Kenya”. They eschewed their individual gain for the greater public good.

I am talking about Dedan Kimathi, the Mau Mau, and all the anti-colonialists, Pio Gama Pinto, Oginga Odinga, MeKatilili, Muindi Mbingu, JM Kariuki – and all the unsung heroes and heroines who perished in the struggle so that we may one day breathe free.

Post-colonial Kenya

I am talking about those who were detained, tortured, exiled, and persecuted by a brutal post-colonial Kenya.

These are the men and women who have brought us here. It’s their spirit that must triumph on March 4.

This brings me to the Independent Electoral and Boundaries Commission. I am worried – very worried – about what I perceive as either incompetence or sabotage of the commission. Chairman Issack Hassan used to inspire confidence. I am afraid that seems to be no longer the case. I hope I am wrong.

We know that the electoral commission has been the bane of Kenyan elections. We also know that as the “chairman goes, so does the commission”. Similarly, I am very concerned about the commission’s secretariat.

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The chief executive James Oswago is long on words and short on action. We are in deep trouble if the two top officials don’t have the public’s confidence.

Critical question

This is the critical question: Is the electoral commission free of all political machinations and manipulation?

If the commission, or any of its officials is tainted, or partisan, then we must move quickly to purge them.

If not, we will not have a free and fair election on March 4. That’s what the merchants of impunity want – either they manipulate the election to their advantage, or discredit the commission so as to render the election unacceptable.

Perhaps that was Secretary Clinton’s worry.

Makau Mutua is Dean and SUNY Distinguished Professor at SUNY Buffalo Law School and Chair of the KHRC.