AN OPEN LETTER TO H.E. WILLIAM SAMOEI RUTO, C.G.H., PRESIDENT OF THE REPUBLIC OF KENYA AND COMMANDER-IN-CHIEF OF THE DEFENCE FORCES
FROM:
YOUR FELLOW CITIZEN
KIVUTHA KIBWANA,
MAKUENI COUNTY.
Dear Sir,
“WHERE DO WE GO FROM HERE?”
Allow me to address you on behalf of our country’s Gen Z-Ote and, of course, myself. But first things first. Accept our salutation of Shalom, Mr. President. I hope and trust you will receive, read and consider this communication from a fellow citizen in good faith. I promise, as is expected, to address you respectfully.
Let me, incipiently, confess why my resolve to pen, to borrow Gen Z language, this missive. Our historically divergent paths crossed when we served in President Mwai Kibaki’s government, you as a cabinet minister, and I presidential advisor for constitutional, parliamentary and youth affairs.
As you campaigned during the 2022 presidential ballot, we had a few encounters. As Deputy President you on several occasions came to church in Makueni County where I served as governor (2013-2022). Several times you beseeched I join the Kenya Kwanza Alliance (KKA). I knew you sought my support because you wished to enlarge your vote potential in the Lower Eastern Region, and among progressive forces.
I remember you once affirmed that your Hustler philosophy was in sync with the National Convention Executive Committee’s (NCEC’s) Wanjiku ideology. You advanced this correlation because you knew of my previous role as the spokesperson of our country’s pro-democracy movement in the 1990s. You emphasized our twin visions made us birds of the same feather who should flock together.
Indeed, like many, I was tempted to swallow hook, line and sinker, the idea that your frequent advocacy of Hustler – Mama Mboga, Boda Boda, Mkokoteni, Wheelbarrow et cetera et cetera – narrative would, when conscientiously implemented, consummate the Kibaki legacy. You would therefore be the one to finally liberate Kenya from the proverbial aridity of poverty, disease and ignorance, leading the nation to the Canaan of milk (or if you wish mursik) and honey.
Remember you asked me to join your legal team after your electoral victory came under assault. I did so pro bono. I had been the target of perfidiousness in Azimio La Umoja – One Kenya Alliance where I nonetheless remained anchored. But that is a tale for another season.
A mere few months after you took office, I, like most Kenyans, began to harbour misgivings about your fidelity to hustlerism. And thus, the justification of this epistle.
But another context matters. One day in church, if my mind serves me right, you proclaimed you wished to rebuild Kenya “ruined by the Uhuru Kenyatta – Raila Odinga opportunistic handshake” like Nehemiah of the Bible restored the Jerusalem wall and Israel. Many in the congregation must have believed that was a solemn promise before God and Kenyans. But, as time would tell, you had a way and play with words. Your eloquence then always charmed your captive audience. The people hung on your every single word. And the rest is now history.
Just to jog your memory, Sir. You premiered in politics at age 26 when a Gen Z courtesy of Youth for KANU. Logically, therefore, one would expect you to be buddy-buddy with such a generation. However what has subsequently transpired is, to say the least, mind-boggling. What happened along the way?
President Daniel Moi affectionately mentored you paving the way for your meteoric rise. When the Forum for the Restoration of Democracy (FORD) opposition tsunami raged over the land in 1992, like a devoted son you proved your mettle as a key architect of Baba wa Taifa’s controversial re-election. A decade later, you inherited his tribal kingship without his blessings. Took his crown and crowned yourself.
You then patiently waited to attend his wake and funeral when you saw him because his family had barred you from visiting them. Whatever we Kenyans think of Moi, a father must – talk of respect- be honoured by his children because the Almighty God of the Bible commands: “Honour your father and mother, so that you may live long.” (Exodus 20:12). It still behoves you to make peace with Mzee Moi even through priestly intercession since you are a confessed believer.
One essential detail that even inquisitive Kenyans disregarded as they evaluated your 2022 suitability is you have never concealed your aversion for the Constitution. In 2005 as a key member of the Orange Pentagon, you opposed the constitution. But let us give you your due credit by acknowledging that the Wako-Kilifi Draft spearheaded by Amos Wako and Murungi Kiraitu had mutilated the Yash Ghai – Bomas – Nzamba Kitonga Drafts. Come 2010 and you were back on the saddle leading the crusade for vanquishing the current constitution. Clearly, if you had your way, the present-day country’s Basic Law would have been rolled back.
Perhaps you strongly reckoned the 1963 constitution as prolifically amended – actually disembowelled – up to 1990 remained the fit for purpose Mother Law for Kenya. This was unfortunately the one-party constitution that Moi utilized to misrule Kenya for 24 solid years.
One must therefore ask of you, Mr. President, do you accept the constitution of Kenya 2010 as the legitimate charter for Kenya? If not, what constitution do you owe allegiance to and deploy for governing? That day when Chief Justice Martha Karambu Koome swore you as President, what Constitution did you hold besides the Bible and the Sword?
I must hasten to add the 2010 constitution despite any shortcomings, which should be rectified post 2027, is Kenya’s harbinger of hope, prosperity, peace and democracy. It serves as a boundary separating the land of liberty and the province of authoritarianism. Since 2010 Kenyans have clung to this lifeline code notwithstanding inclement political whirlwinds. They – especially the young – continue to bide their time as they await an incoming servant leadership that will preside over the flowering of their constitution.
Interestingly during your 2022 campaigns, you paid glowing tribute to the progressive nature of the 2010 constitution. You time and again lambasted President Kenyatta and former Prime Minister Odinga for trying to clandestinely amend the constitution to create the positions of prime minister and deputy prime minister for the power-hungry dynasty class. Kenya, you repeatedly told the nation, was made up of dynasty and hustler pedigrees, the deep-pocketed and the pauperized, you being of chicken selling stock and therefore an aboriginal hustler.
Some of your lieutenants are already agitating for the elongation of the presidential and other electoral terms to seven years, creation of positions of prime minister and two or three deputy prime ministers, chief administrative secretaries, office of official opposition et cetera et cetera. Ostensibly, this is largely supposed to be in accord with the National Dialogue Committee (NADCO) report, a copycat of the Building Bridges Initiative (BBI) accord which you virulently opposed. Talk of doublespeak.
The only legitimate constitutional review that members of parliament (MPs) have over the years stubbornly declined to promulgate concerns the two-thirds gender rule. As matters stand, there is a letter on your desk or thereabouts inherited from President Uhuru Kenyatta authored by former Chief Justice David Maraga authorizing the dissolution of parliament for failure to pass the said amendment under Article 261 (6) & (7).
Mr. President, I implore you not to acquiesce to the machinations of a camarilla bent on misadvising you that the constitutional proposals you desire can be crafted solely by parliament. Parliamentary initiative amendments do require citizen public participation. Kenyans will reject any backdoor constitutional changes sanctioned without their consent.
Yes, one can decipher that your objective is to birth a new constitutional and political structure that will accommodate the expectant ethnic barons of your intended and unfolding coalition; a collabo of sorts. Be warned too that such an executive framework can also be used by the opposition side to do battle with you. I will return to the pitfalls of our motherland’s deep-seated tribal politics.
During your vote hunt – and I must admit you are unmatched in terms of energy, resilience and laser-sharp campaign focus - you unrolled a manifesto that promised Kenya’s transformation. You painted in dazzling colours a glorious future for your fellow citizens. To arrive at the Kenya Kwanza Plan: The Bottom-Up Economic Transformation Agenda 2022-2027, you meticulously organized public participation sessions in each of the country’s 47 counties. The people were ecstatic. Here at last was a presidential candidate who crowdsourced from them their development menu. Many beheld plenty immediately after ballot day; the morning after.
Your first priority was how to secure a parliamentary majority as the vital force to enact the laws that would propel your manifesto. You had already embarked on that mission by creating a KKA coalition of a dozen parties. Once in power, you enticed the majority of independent candidates to join you. Then you proceeded to poach from the opposition benches until the entire parliament was under your beck and call. The magic of bribery did wonders for you. You also sought to draw a majority of the 47 governors to be on your side. Non-compliance attracted loss of development support or retribution for those dribbling in malfeasance.
As time progressed you became confident any parliamentary bill of your choice would sail without sweat. Things looked good for you. Those must have been the heady but alcohol-free jubilation days at the House on the Hill.
Parliament was done and dusted, and democracy and the peoples’ voices gagged. Members of parliament could continue dispensing the National Government (but essentially ‘MP’) Constituency Development Fund (NG-CDF) as enforcement institutions winked the other way. Legislators knew resources for the next campaign were guaranteed. Scratch your back, you scratch theirs. Quid pro quo.
So, what substantively has transpired since September 2022, two years and six months into your administration? Has the KKA transformation manifesto hit the highway flying?
Let us change course somewhat. In the first Uhuruto administration, one can hazard there seemed to be an intention to deliver development a la Kibaki style. You had tons of sympathy from Kenyans because they were told the vague imperialistic Hague International Criminal Court (ICC) was persecuting the Kumi Yangu- Kumi Yako brothers since they were African leaders. But after the ICC honeymoon years, you changed the narrative and told us that you did most of the state heavy lifting because your boss, unconcerned with the ins and outs of statecraft, routinely submerged himself in leisure. So, we believed, again, you had an unquestioned capacity for presidential labour. Common Palaver confirmed you were a workaholic. A 20-hour man. We were happy to know you would keep the country afloat. We somehow felt safe with you as a co-captain of the state ship. A teetotaler from birth. A man of God to boot.
During the Uhuruto second term, you took issue with the introduction of your then frenemy a kitendawili mganga honcho into government. You told us that the “handshake” subverted democracy. Later you were to ascribe government floundering of the 2017-2022 period squarely to the ill-conceived rapprochement. Of course, we know the former prime minister was never legally and officially in government. This abracadabra of dual outside–inside existence in government is, of course, an oxymoron.