On Councils of Elders

Dr Lukoye Atwoli makes an interesting point this Sunday (Councils of elders pose a threat to democracy, Sunday Nation, 5 January 2012). He argues that "When citizens start feeling that the elected government is unable to address their needs, and they turn to unelected "councils of elders" and vigilante groups, the integrity of the state is imperilled." He argues that it instructive that these councils usually show their colours only in election years, making pronouncements on one matter or another of national interest. He is, of course, correct to challenge the legitimacy of such unelected groups, seeing that they conduct their affairs in secrecy and without being accountable to anyone.

The institution of the council of elders predates the mzungu in Kenya; but, that we have chosen a republican constitution, with an elected government, and a robust Judiciary, it makes no sense for these councils to purport to speak for the same people represented by elected leaders in the National Assembly. Their existence is proof positive that much work needs to be done to ensure that the writ of the State runs large. 

Consider the recent statements by two councils of elders published in paid newspaper advertisements over the past week on the confirmation of charges of the ICC Four by the Pre-trial Chamber II of the ICC. They purport to speak for the peoples of Central Kenya and take a dim view of the confirmation of charges against Deputy Prime Minister Uhuru Kenyatta and Head of the Civil Service Francis Muthaura. The two councils, in their opinion, and after a careful interrogation of the facts and evidence adduced before the Court, that the ICC Prosecutor is playing politics by accusing men who were not the primary perpetrators of the violence that rocked the nation after the 2007 general elections. They claim to have proof that others should have been indicted by the Court and that it these unnamed others who should stand trial for the chaos. Dr Atwoli asks if they have this information why did they not ask to be enjoined in the suit and present this information to the Court?

Unlike an elected representative, whether at national or civic level, councils of elders are not representative of the needs or wishes of the communities they purport to speak for. Their interests lie in ensuring a particular narrative, regardless of the public mood or public opinion. Quite frequently, these groups are sponsored by sitting or former elected representatives and their motives frequently dove-tail with those of the professional politicians who sponsor them. Even the venerated and feared Njuri Ncheke has fallen victim to the vicissitudes of political competition, purporting to endorse one political aspirant at the expense of others in the interests of the Ameru. 

Quite recently, when William Ruto was installed as a Luo elder, the chairman of the Luo Council of Elders denounced the ceremony as it had not been endorsed or authorised by the council. It will not escape notice that that council has been a hive of political activity ever since the Odingas decided to involve themselves more actively in its affairs and that unless Raila Odinga endorses Mr Ruto's installation, it will lack the legitimacy that it deserves.

Indeed, I would not look at councils as different from vigilante groups. They delegitimise the recognised systems of power allocation and dispute resolution and reject the Constitution or the laws of Kenya. Purporting to speak for the people and with the wisdom of the ages, they reject that the people have elected representatives to do precisely what they are doing. If as Dr Atwoli posits, they are the recognition that the State has failed and continues to fail its citizens, then their grubby tentacles will continue to encircle the people and blind them to their iniquity.