All Hail Prof Anyang' Nyong'o

You have to hand it to Prof Peter Anyang' Nyong'o. He did not waste time. Days after his return from cancer treatment in the United States, he has set the pace for re-interrogating the place of the political party in governance. The Secretary-General of ODM has announced that regardless of the position taken by the party leader in government, the party must make its own determination regarding the wisdom, or otherwise, of Shuttle Diplomacy II. Simply because the Prime Minister has taken a position regarding the fate of the Ocampo Six as part of the wider rapprochement between the two Principals in the Grand Coalition Government does not mean that the voice of the party will be ignored. This puts paid the assertion by the Ruto Twins that ODM is a 'dictatorship' or that it is Raila Odinga's cheering section.

Prof Anyang' Nyong'o illustrates that democracy is only as vibrant as the vibrancy of its democratic institutions, including the political party. Whether we wish to admit it or not, this country needs political leaders; many of these leaders will rise to positions of leadership through the political party. The Constitution provides for two ways in which a person can be elected to office: either as an independent candidate or as a nominee of a political party. It also provides that if one leaves a political party to become an independent or to join another political party, he must resign his elective position and seek a fresh mandate. So too must an independent candidate who chooses to join a political party after he has already been elected to office. However, it is silent on the relationship between elected representatives and their parties, and between parties and government.

Back in the day, KANU and government were synonymous and many have held on to the notion that what the government wants and what the party in power wants are the same thing. This may not always be true. The US Congress frequently demonstrates this reality. For instance, many have taken note of the role the Tea Party has played in conservative politics in America. While it is frequently considered to be the fringe element of the Republican Party, its views are increasingly holding sway, determining the legislative agenda of Republicans in the US Congress. It is no longer enough to be elected; one must toe the Tea Party line or suffer consequences at the polls. In Kenya, the bastardisation of the political party structure has led to a situation where the tail is wagging the dog; political parties no longer set the agenda of government, but government sets the agenda of the parties. Witness the manner in which MPs from PNU or ODM disport themselves when it comes to national matters; one is hard pressed to differentiate the party position from the government (Executive) position.

Prof Anyang' Nyong'o reminds us that members of the Executive are elected by the members of their political parties and that it is these members who decide what is a priority and what is not. The Executive may, from time to time, determine that a matter is so critical and that speed is of the essence that consultations with the membership of the party is not possible. However, everything that the Executive does must meet with the approval of the party and regardless of the context of the decisions of the Executive, the party reserves the right to retroactively approve or disapprove of it. This is a healthy development. It serves notice on the Executive that Kenyans are no longer content to be led by the nose by the powers-that-be, but that they are capable of analysing contemporary events and making up their own minds as to what the correct course of action will be.

I do not know what the ODM Parliamentary Group will decide, or whether they will heed the voice of the masses, but it is clear that the PM's decision to support the new government attempt to scuttle the ICC process is an unpopular one, to say the least. Kenyans are still not persuaded that it political leadership is capable of setting up a mechanism that if fair and just to try the PEV suspects named by Louis Moreno-Ocampo. The ICC itself is not convinced; three years after the Grand Coalition Government came to life, the Ocampo Six have neither been investigated nor prosecuted. Until an impartial investigator is appointed, an impartial Chief Justice and DPP are appointed, and Judges and Magistrates are vetted, Kenyans want to see the Six shipped off to The Hague to face the ICC. Prof Anyang' Nyong'o reminds us that we are not impotent spectators, but that at least one MP has our interests at heart. All hail the return of the king!