Save devolution, Mr. President!

Mr. President, that you have undoubtedly become the most frequent subject and recipient of an avalanche of letters penned and addressed to you both in the mainstream and social media platforms cannot be gainsaid. That many, if not all of those letters purporting to issue nuggets of leadership advice, express confidence in your leadership capabilities or even extol you to live up to your election promises and deliver us to the ‘promised land’ were totally unsolicited is also not in doubt.

The fact that you may or may not have had the opportunity to read those letters notwithstanding, allow me to also join the bandwagon of letter-writing enthusiasts inspired by the euphoria surrounding your twin victories – that of the presidential election and in the Supreme Court – and write to you another letter.

Allow me to start by humbly pointing out to you that this is not the first time you’re the subject of a letter drafted by me. The first letter I penned to you and your deputy president was during the frenzied election campaigns – a letter I’m certain you never got around to reading since you do not follow my little known blog. Suffice it is to say that it was not meant to spur you on in the political rat-race to secure occupancy of the most coveted seat in the country and the power trappings and privileges that come attached to it. Rather, it was a feeble attempt to add to the din of voices trying to point out the ‘unsuitability’ of you and your running mate to run for, let alone run, a public office due to the dense cloud of crimes against humanity charges at the ICC hanging over both your heads like the proverbial sword of Damocles.

Now that you have formally assumed the mantle of leadership of this country after surmounting monumental challenges and obstacles including the Supreme Court petition, the objective of addressing to you another letter – at the risk of going unread yet again – is inspired by matters not relating to your suitability to run for office. Rather, it is yet another shot at pointing out to you something you may wish to carry out as you embark on the daunting business of governing this country. It could the one thing in my two-cents worth opinion that is bound to contribute immensely to the quest to portray you as a genuine respecter of the rule of law and not some offspring of impunity.

Sir, during the course of the hearing of a petition filed at the Supreme Court by the Cord coalition and AFRiCOG challenging the validity of your declaration by the IEBC as the winner of the March 4^th presidential elections, you are on record as having publicly stated your intention to respect and abide by any ruling arrived at by the court of law. Fortunately for you, the six-judge bench made a ruling favourable to you by unanimously declaring you having been duly elected and declared the winner of the presidential duel in accordance with the country’s electoral laws.

Had the court ruling been against your election, i choose to give you the benefit of doubt, as opposed to many a doubting Thomas, and believe that you would have been gentleman enough to honour your pledge of respecting its decision no matter what. That the question still lingers on the minds of a section of Kenyans as to whether you would have respected or rejected the court ruling had it not favoured you is a matter as sure as the sun rises from the east and sets in the west.

An opportunity of a magnitude equal to that of the Supreme Court ruling therefore has serendipitously presented itself to you on a silver platter – an opportunity if well executed, would propel your credentials to the echelons of reform oriented leaders; in effect proving to your sceptics once and for all your commitment to the rule of law and constitutionalism.

Mr. President, on Friday, June 29 2012, the high court revoked an appointment of 47 county commissioners made by the immediate former president, ruling in effect that Kibaki had erred in the appointment of the commissioners as he had over looked several articles in the constitution. In other words, the appointments in question were a direct violation of the spirit of the new constitution. Nevertheless, in what many perceive as a blatant disregard of the rule of law and the constitution and a direct effort to undermine the authority of the judiciary, the county commissioners are still in office, upon the insistence of the office of the president – an office which is now synonymous with your name and whose streak of successes and burden of failures, inherited or otherwise, will be yours to savor or bear.

Sir, during your inauguration, your stance on devolution in particular was made crystal clear to the whole world in your speech. That lending support to devolution was not a choice but a duty; a constitutional duty at that! One that you swore an allegiance to uphold while affirming that our constitution does not in any way suggest devolution; it demanded it!

Having promised to abide by the Supreme Court ruling had it not panned in your favor, an opportunity that was ‘denied’ to you when the court upheld your election, and having publicly reiterated your support to the spirit of devolution, here is a golden opportunity to right an illegality perpetrated against devolution, the constitution and the law. An act of impunity that fortunately or unfortunately, depending on how you choose to perceive it, is bound to either make or break your leadership record at the helm of the presidency. Sir, though it may sound such a cliché, choices have consequences. You can either opt to sweep the issue under the rug and remain allied to the godfathers of impunity while drawing the wrath of the ordinary Kenyan. Or you may choose to uphold the rule of law and constitution and reap the political benefits of remaining beholden to the electorate while drawing the ire of the lords of impunity. Whatever the case, I’m certain your advisors have their work cut out for them.

Finally on a light note Mr. President, my two year-old son, though not yet in class one to merit the promised laptop, is looking forward to receiving his gadget from you once he qualifies. As a fellow parent, I know you’re fully equipped with the knowledge of the implications of disappointing children, it brooks dissent. May you find adequate strength and wisdom in charting the destiny of this great Nation.