Restore Trust in our Institutions

Trust was the key theme in this year's National Prayer Breakfast. It's a timely topic to discuss in the country right now considering the fact that we are a few months from elections and key institutions that we expect to depend on are losing public trust. If it’s not yet lost.

In the last general elections in 2013, we experienced Post-Election-Peace (PEP), even where media reports, especially international, predicted violence. This happened simply because there was a general trust in the then newly constituted IEBC. When half the electorate doubted the IEBC results shortly after they made their official announcement, the country had trust in the courts and indeed the opposition sought redress at the Supreme Court and accepted the verdict that it had lost.

However, the events following the 2007 general elections are grim and will forever haunt us every election period. We did not have the Supreme Court that had the trust of the public, and therefore the International Criminal Court (ICC) had to step in. We had an electoral commission that was solely appointed by the incumbent and therefore could not be trusted to give a fair verdict. But that changed after we passed the new constitution in 2010.

Sadly, in less than four years we have reversed the gains we made in so far as credible institutions are concerned. To begin with IEBC lost its credibility after the 'Chickengate' scandal. Controversies around the late acquisition of BVR kits that were substandard have not really been concluded despite the go ahead given by Justice and Legal Affairs Committee to proceed with procurement for new kits for the 2017 elections.

The Supreme Court that was supposed to be above reproach is limping with corruption allegations. From unscrupulous procurement deals that have seen the former Chief Registrar Gladys Shollei charged with abuse of office to bribery allegations where Supreme Court Justice Tunoi is accused of taking Ksh.200 million bribe from Governor Kidero to influence the outcome of the petition to nullify his 2013 election.

Worse still, the Supreme Court President, Chief Justice Willy Mutunga is set to retire this month leaving behind a shaky team. For instance the Deputy Chief Justice Kalpana Rawal had an uphill task clearing her name of allegations of fraud following the linking of her name to the Panama papers. Not to mention the ongoing case where she controversially asserts that she ought to retire at 74 and not 70 because she was sworn in under the old Constitution.

Unfortunately for us, Parliament too does not seem to be the arm to look up to in such challenging times. Not with the double speak and the unnecessary tag of war between opposition and government MPs. Admittedly, there are a number of MPs like Kabando wa Kabando and David Ochieng who have championed for a bipartisan parliamentary caucus to resolve the IEBC impasse. But there are other members who claim the Parliamentary caucus will fail.

The presidency too which is expected to symbolizes national unity flounders too. Whether the Jubilee sponsored President Uhuru to statehouse is inconsequential. He remains President of all Kenyans and must therefore deal with opposition supporters as President and not like an enemy. As a unifying figure he ought to restrain from partisan reactionary politics. This is the sure way to restore trust in the Presidency. He should also not allow politicians who claim to speak for him mislead the country with sensational and senseless politics.

In the same breath, the opposition needs to play a more proactive role as the watchdog that can help strengthen these institutions. For instance, did CORD just realize IEBC is incompetent? Where were they the last three years? This reactionary politics only leaves Kenyans, especially the vulnerable group more hurting. If opposition proactively sought to strengthen IEBC we wouldn't be here today.

And while we are talking about institutions without public trust, we need a serious debate on commissions formed to help strengthen governance. What we have in Kenya today is strong individuals rather than strong institutions. Is this what we call being on track? Will the true leaders rise to the occasion?

Posted by Mzalendo Editor on June 4, 2016

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