Posted Monday, December 31, 2012 | By MACHARIA GAITHO
I totally agree with Jubilee Coalition presidential aspirant Uhuru Kenyatta and running-mate William Ruto. There is nothing more sacrosanct in a democracy than all citizens having the unfettered right to vote for candidates of their choice.
Allied to that principle must be the right for all aspirants to have their names on the ballot.
If foreign interests attempt to impose their will on Kenyans, then the very sovereignty of the country is under grave danger.
Kenyans sacrificed greatly to secure freedom from colonialism; and must again be prepared to shed blood against threats from neo-colonial forces or local compradors.
We must not forget, however, that the right to vote and the right to seek elective office come with conditions and qualifications.
One cannot simply turn up at a polling station unless he or she is first registered as a voter; and that comes with fulfilment of certain basic conditions, such as proof that one is a Kenyan and has reached voting age.
And an aspirant for MP, Senator, County Assembly, Governor or President does not simply direct the Independent Electoral and Boundaries Commission to put her on the ballot paper.
She first fills an application with the Electoral Commission, and only if that application is satisfactory is the candidate duly nominated.
The candidate must meet education qualifications, pay the statutory fee, and have her nomination backed by the required number of supporters.
One need not bother to apply for nomination if one is not a registered voter, is of unsound mind, has been adjudged to be bankrupt or has been convicted of an election offence.
An aspirant must fill a statutory declaration affirming that she is not disqualified by law to run for office and has complied with the laws.
This includes being a citizen of Kenya, not owing allegiance to a foreign state, and meeting the moral and meeting the ethical requirements prescribed by the Constitution.
In particular, one must not have contravened Chapter Six of the Constitution on Leadership and Integrity.
Where one might be found wanting on ethics and integrity, that person is not disqualified from elections until all appeals are exhausted.
That might be the provision Mr Kenyatta and Mr Ruto could clutch at, seeing as they have a date with the International Criminal Court.
Presently, we have a vigorous debate on whether persons indicted on criminal charges – whether that be chicken theft or mass murder – are disqualified from running for political office.
It will be up to the Independent Electoral and Boundaries Commission to decide whether to accept nomination papers from Mr Kenyatta, Mr Ruto, and any other applicants facing criminal charges.
The Commission might be spared the headache if the courts rule earlier on pending eligibility cases.
The important thing is that it is Kenyan laws and Kenyan institutions that will determine whether Mr Kenyatta and Mr Ruto can be on the ballot paper; not the foreign bogey the duo are manufacturing in a bid to stir up dangerous xenophobia.
The ICC is domesticated under Kenyan law, and therefore, cannot be dismissed as a foreign entity. Supporters of the two, in any case, actively campaigned for the post-election violence cases to be taken to an ‘independent’ ICC rather than be entrusted to the Kenyan judicial process.
If it is found that the two can run, then it will be up to Kenyans to decide whether they want the ignominy and complications of leaders unable to lead because they are otherwise engaged.
There are, of course, instances, when a people have the duty to support nationalists and patriots who fight for the common good.
Nelson Mandela and Jomo Kenyatta provide great examples of leaders who endured imprisonment and persecution fighting for their people.
They stood up in court and to justify their actions as freedom fighters, and subsequently were vindicated to lead their people into freedom.
I have not heard either Mr Kenyatta or Mr Ruto stand up to declare that they fought for their people. Actually they do not concede to having led any of the sides caught up in the post-election violence.
Therefore, theirs is simply a criminal trial and not the political case they have concocted and profited from.
mgaitho@ke.nationmedia.com.
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