It
is a rare thing to agree with my senior Charles Kanjama and today is
one of those days. When he states that none of the Second
Liberation stalwarts is indispensable in the reforms being undertaken in
Kenya's body politic and the governance of the nation, he acknowledges
and reaffirms the centrality of the active participation of the people
that lends legitimacy to the individuals championing reforms (No reform champion should be presumed indispensable, Standard on Sunday,
June 3, 2012). He argues that the canonisation of the living tends more
often than not to lead to anti-democratic results and we run the risk
of losing faith not only in the champion but also in all that he may
have stood for.
In Kenya, sadly, reforms today are equated with the sacrifices of the few at the expense of the many, especially in the realm of political reforms. In this, Raila Odinga and Chief Justice Dr Willy Mutunga are being championed by their supporters as being indispensable in the reforms of the State and the Judiciary respectively. It is argued that without the two, the process of reforming these key institutions will be set back for a generation at least. Even with the hyperbole surrounding their place in the Second Liberation, it is imperative to remember that they are not just men, but flawed men at that. A study of the rise and fall of Nancy Barasa, the suspended Deputy Chief Justice, shows why it is imperative to institutionalise the reform agenda rather than lay it on the all too frequently feeble shoulders of the popular individual.
Dr Mutunga and Prime Minister Odinga demonstrate the different and differing paths to reforms that may be pursued. While the Chief Justice is properly lionised for his efforts to reform the administration of justice in Kenya, especially by his leadership and personal sacrifices in the dark days of the Nyayo Era, he is demonstrating that reforming the Judiciary is not a one-man show, but that it can only be achieved if the key stakeholders in the administration of justice play their roles as well. In contrast, by his very actions, the Prime Minister continues to demonstrate that he is the key to reforming political activity in Kenya; by the utterances of his acolytes and supporters, the impression is being created that if Raila Odinga does not succeed President Mwai Kibaki, the country will be set back for a generation as impunity is further entrenched in public life.
While Dr Mutunga has set the stage for reforming the very infrastructure of the Judiciary, Prime Minister Odinga has failed to seize opportunities to reform party politics in Kenya. The only difference between the Orange Democratic Movement and all the other political parties lies in the personal popularity and charisma of the Prime Minister and not in the quality of its governance, its manifesto or its constitution. But the differences between the Judiciary as it was until the promulgation of the Constitution and the appointment of the Supreme Court are plain to see, especially in its efforts at greater transparency and efficiency.
No doubt Dr Mutunga and Mr Odinga are flawed heroes of Kenya's Second Liberation, but in apparently accepting that he is not indispensable to the reform agenda, Dr Mutunga sets the stage for the complete overhaul of an institution that is widely reviled and feared in Kenya. In what is bound to be a short tenure, Dr Mutunga intends to leave a blue print for the improvement of the quality of justice dispensed in our hallowed halls of justice that will stand us in good stead for generations to come. Mr Odinga, on the other hand, in concentrating on the consolidation of his political power at almost any cost has failed to articulate a different vision for the conduct of politics in Kenya, instead reinforcing every negative stereotype that he have of the political elite.
By failing to lead the democratisation of ODM, Mr Odinga fails to assure us that if elected President of the republic he will pursue a different course. One of his recent statements speaks to his intentions. In calling for a tough anti-terrorism law, Mr Odinga did not even bother to articulate whether terrorism was a law enforcement or military problem. Instead, what he called for was for the State to be granted ever greater powers to violate the civil liberties of Kenyans in the name of national security. Before we place the government of Kenya on Mr Odinga's shoulders, let us be prepared for the consequences of dubbing him our messiah. The same goes for those attempting the canonisation of the likes of Musalia Mudavadi, William Ruto, Uhuru Kenyatta or Kalonzo Musyoka.
In Kenya, sadly, reforms today are equated with the sacrifices of the few at the expense of the many, especially in the realm of political reforms. In this, Raila Odinga and Chief Justice Dr Willy Mutunga are being championed by their supporters as being indispensable in the reforms of the State and the Judiciary respectively. It is argued that without the two, the process of reforming these key institutions will be set back for a generation at least. Even with the hyperbole surrounding their place in the Second Liberation, it is imperative to remember that they are not just men, but flawed men at that. A study of the rise and fall of Nancy Barasa, the suspended Deputy Chief Justice, shows why it is imperative to institutionalise the reform agenda rather than lay it on the all too frequently feeble shoulders of the popular individual.
Dr Mutunga and Prime Minister Odinga demonstrate the different and differing paths to reforms that may be pursued. While the Chief Justice is properly lionised for his efforts to reform the administration of justice in Kenya, especially by his leadership and personal sacrifices in the dark days of the Nyayo Era, he is demonstrating that reforming the Judiciary is not a one-man show, but that it can only be achieved if the key stakeholders in the administration of justice play their roles as well. In contrast, by his very actions, the Prime Minister continues to demonstrate that he is the key to reforming political activity in Kenya; by the utterances of his acolytes and supporters, the impression is being created that if Raila Odinga does not succeed President Mwai Kibaki, the country will be set back for a generation as impunity is further entrenched in public life.
While Dr Mutunga has set the stage for reforming the very infrastructure of the Judiciary, Prime Minister Odinga has failed to seize opportunities to reform party politics in Kenya. The only difference between the Orange Democratic Movement and all the other political parties lies in the personal popularity and charisma of the Prime Minister and not in the quality of its governance, its manifesto or its constitution. But the differences between the Judiciary as it was until the promulgation of the Constitution and the appointment of the Supreme Court are plain to see, especially in its efforts at greater transparency and efficiency.
No doubt Dr Mutunga and Mr Odinga are flawed heroes of Kenya's Second Liberation, but in apparently accepting that he is not indispensable to the reform agenda, Dr Mutunga sets the stage for the complete overhaul of an institution that is widely reviled and feared in Kenya. In what is bound to be a short tenure, Dr Mutunga intends to leave a blue print for the improvement of the quality of justice dispensed in our hallowed halls of justice that will stand us in good stead for generations to come. Mr Odinga, on the other hand, in concentrating on the consolidation of his political power at almost any cost has failed to articulate a different vision for the conduct of politics in Kenya, instead reinforcing every negative stereotype that he have of the political elite.
By failing to lead the democratisation of ODM, Mr Odinga fails to assure us that if elected President of the republic he will pursue a different course. One of his recent statements speaks to his intentions. In calling for a tough anti-terrorism law, Mr Odinga did not even bother to articulate whether terrorism was a law enforcement or military problem. Instead, what he called for was for the State to be granted ever greater powers to violate the civil liberties of Kenyans in the name of national security. Before we place the government of Kenya on Mr Odinga's shoulders, let us be prepared for the consequences of dubbing him our messiah. The same goes for those attempting the canonisation of the likes of Musalia Mudavadi, William Ruto, Uhuru Kenyatta or Kalonzo Musyoka.
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