Tuesday, January 8, 2013

Propagandists Out To Bring Confusion Over Possible Jubilee Election Victory



As the campaigns for the March 4 General Election shifts to higher gear, the electorate is being bombarded with rhetoric from both mainstream and social media. A key issue being raised is whether vic- tory for the Jubilee Alliance led by Deputy Prime Minister Uhuru and Eldoret North Member of Parliament William Ruto will be a blessing or a curse. The two face charges of crimes against humanity at The Hague where their case which arose from disputed 2007 presidential election leading to widespread violence and is slated for hearing beginning April.
As things stand, the ICC case is likely to determine which way the elections will go. There is a divide between ‘patriots’ and ‘national- ists’ on one hand and ‘traitors’ and’ collaborators’ on the other. The former believe in our sover- eignty and supremacy of the Constitution while the latter embrace the antithetical hypothesis.
Opinion differs over Uhuru/ Ruto candidature while the laymen have followed suit. But there are questions which are yet to be answered: Will Kenyans be punished by the International Community for electing the two? If elected president and deputy president amid, the lies, propa- ganda and the ICC cases, can they discharge the duties without hin- drances? These concerns ought to be addressed with references from theConstitution.Tostartwith, I wish to make a quick reference to the preamble of the Constitution paragraph six and seven and Chap- ter one of the Constitution articles 1,2,and3.
The preamble talks of recognition of the aspirations of Kenyans for a government based on the essential values of human rights, equality, freedom , democracy, social justice and the rule of law while paragraph 7 articulates our right to determine the form of governance for our country.
Chapter one Article 1 section 1 states that: all sovereign power be- longs to the people of Kenya and shall be exercised only in accord- ance with the Constitution as the supreme law of the land.
Article 2 section 5 states that: the generated rules of international law shall form part of the law while any treaty or convention ratified by Kenya shall form part of the laws of Kenya. So will Kenyans suffer sanctions if they elect Uhuru/Ruto? The Bill of Rights under Chapter 4 gives Kenyans the right to vote to office a person of their choice.
Kenyans are free to exercise their sovereign power either directly or through their democratically elected representatives, then this further means that by electing them to office, the two will have been mandated to exercise power delegated to them by the people. No country with respect for human rights and whose people believe in the rule of law has the moral authority to punish Kenyans for the “crime” of electing Uhuru and Ruto.
As for the concern whether they will be able to perform their du- ties without hindrance, it is safe to point out that Chapter 4, Article 38 section 3 allow them, to also hold office if elected. This is because if Kenyans in exercise of the powers conferred to them by the Constitution elect the two, they will automatically assume a new status from ordinary individuals and thereafter enjoy immunity from any criminal or civil litigation.
Then there is the issue of su- premacy of our Constitution, the sovereignty of people and the international law so when they crash, which takes precedent? Kenya is not an appendage of any country and does not deal with others on servant/ master relation- ship but on mutual respect and understanding.
The writer comments on topi- cal issues. Email: dm.scribe@ yahoo.com

No comments:

Post a Comment