The Price of Democracy.

Democracy is neither neat nor predictable. It is frequently messy and leads to some unintended consequences. Take for example, the Two-thirds Gender Rule Opinion of the Supreme Court. If it were not for the democratic gains made in the past two decades, but especially after the 2007/2008 violence, gave many litigants a measure of confidence that their voices would be heard in the courts of law. In the past, whether one had a genuine beef with the State or not, the courts were the last institutions that would offer a sympathetic ear, if at all. This time round, even despite the slow pace of reforms in the Judiciary, gender-equality activists were confident enough to participate in the democratic process of taking their complaints regarding the interpretation of the Constitution to the only institution with the authority to do so: the judiciary. They did not get what they wanted, but they got what they needed: they were heard and a reasoned ruling was handed down that they are bound to live with, save if they get an opportunity to have it overturned by a Full Bench of the Supreme Court, something that will await the replacement of Mohamed Ibrahim and Deputy Chief Justice Nancy Baraza.

There are those who have a utopian view of the democratic process, thinking that simply because their good intentions have been codified in law that good results are to be expected. If any, the Supreme Court should demonstrate the folly of this kind of reasoning. The United State Marine Corps' many Drill Sergeants know this truth: to make peace, prepare for war. It is a truth that Kenyans must inculcate in themselves. To implement the Constitution successfully, Kenyans must constantly prepare for setbacks and sabotage; it is the only way that they can anticipate the machinations of a perfidious political class and vested interests in the governance of Kenya.

The 2013 general election offers the best opportunity to re-write the rules of the game. To date, politics has been the preserve of the loudest louts in the market place. Those with reasoned arguments about anything have frequently been dismissed as ivory tower idealists out of touch with the common mwananchi and, frequently, peddling bankrupt ideas garnered from the bottom of the Western barrel of decadent ideas. Daniel Toroitich arap Moi, for all his emphasis on the education of the girl-child, made a fetish of the ignorance of the masses and ensured that it would remain so for the 24 years he had his hand on the tiller. Mwai Kibaki has attempted the impossible over the past decade, especially with the guarantee of free basic education for all. But even with the support of western donors, schools continue to be under-staffed, under-equipped and improvements come only in infrequent bursts.

For the 2013 elections to matter, Kenyans have to think beyond their need to vent. It is not enough to be the loudest in the political market place; one must also be in a position to influence positive change in those from whom he is asking for votes. Kenyans must be given an opportunity to reject the bullies and louts out to lock out the civilised and educated; if the likes of Ferdinand Waititu and Mike Sonko wish to be elected, they must demonstrate that in addition to their mobilisation skills, they have thought beyond tokenism in finding solutions for peoples they claim to serve. If they cannot even perform this basic task, it behooves us to ensure that they lose their election deposits. It is, after all, the price of democracy.