Thursday, February 24, 2011

Dear Mr. President Kibaki

What, Mr. President is the measure of an educated man? His mastery of his mother tongue, civility, adherence to set standards? Or perhaps ability to articulate issues and present a sober judgment based on an informed decision? Could it be a good legacy for you?To many, these among others could form a bench mark.
Of a rushed decision, roadside declaration
Last week, Mr. President, shortly before you left for Addis Ababa for the AU summit, you scribbled a paper and there we were with the Attorney General, Chief Justice, Director of Public Prosecution and Controller of Budget (all these, provisional). Even before you settled to breath the Abyssinian air, there was hue and cry from many quarters in this country from friend and foe alike. They said you never followed the spirit and letter of the constitution. That you were not faithful to your pledge you made on August 27, 2010 at Uhuru Park.
One thing I understand and would not easily fault you for is that you had a tough date with IGAD heads of states shortly before you proceeded for the AU summit. You had to dangle the carrot in order to sell an idea (described in many quarters as archaic, quite unpalatable and in-congruent with the signs of time). Nonetheless though, you just had to. You had to convince your fellow heads of states that a deferral from the ICC would be a better option for Kenya and the only tinge of evidence that you would be a trustworthy player was to inform them you had even gone ahead, appointed new constitutional office holders, hitting the road for judicial reform to handle the ICC matter.
New Wine, old wine skin
However, what you seemed to have forgotten is that your actions could only have been acceptable if we were operating under the Lancaster Constitution. You did not, or perhaps your henchmen forgot that we had already proclaimed a new instrument of power which tilted the playing field against your actions and made despondency a fossil. Your advisers failed you a great deal sir. They never reminded you for example that the Judges had to be vetted first before any appointment. That is why you justice minister just last week republished the Vetting of Judges and Magistrates Bill 2011 and the Judicial Service Bill 2011 to pave way for this process. At best, you were overtaken by events sir. You witnessed the serving of new wine on August 27, but unfortunately, it was served on old wine skins, you been one this time barred skins. What a waste of a gem!
Lessons from the North
May this be a kind reminder to you sir that there comes a time when people can no longer fathom illicit actions and have to let out their anger. It should not be forgotten or ignored by any one of us that the developments in northern Africa and across the Arab world are not only confined to those regions. It should be an constant reminder to you sir that whereas we may not got the way of Tunisia or Egypt now, it is only a matter of time before everybody shouts at the top of their voices to your chagrin and annoyance and the best you can do would be to fold your regalia and head home wards.

A good legacy to you sir, should be the measure of an educated man.





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