The November 20 Supreme Court decision to “uphold (both) the October 26 repeat presidential election, as well as the election of the third respondent” has elicited some calm, at least before President-elect Uhuru Kenyatta’s inauguration on Tuesday.
It
is, however, clear to many that while the immediate electoral ruckus is
over, deep-seated political, social and economic issues remain
unresolved.
Simply, the notion that Kenya is back in
that imaginary “state of being” referred to as a “return to normalcy” is
purely dark humour. These are uncertain times, which neither side of
the political divide seems eager to dispel.
On the one
hand, we have a legally endorsed President, who won 98 per cent of the
vote on a 39 per cent turnout, Kenya’s lowest ever. In perspective, our
previous lowest turnout was 41 per cent during the infamous “mlolongo”
(queueing) election of 1988. Our highest ever was 68 per cent in 1979.
Legitimacy, you say.
On the other, we have a rival
candidate, who again lost an election. Some might argue that the August
8 annulment and October 26 withdrawal mean that Raila Odinga didn’t
participate in 2017. Others will point to 61 per cent “non-turnout” as a
referendum by the people on the sorry state of our electoral process.
Anarchy,
you proclaim. One thing is clear from observation. Whether we believe
in it or not, the National Super Alliance will continue its aggressive
agenda for “root and branch” reform across Kenya’s political, social and
economic landscape.
This so-called “Third
Revolution” (following our 1991 multi-party moment and 2010
constitutional moment), will probably aim for significant change by
2020, or at least before the next election in 2022. Our next national
census (which provides the baseline of voters) will be an interesting
process to watch.
One expects this reform push to rely on our “three-year rule”—
major reform comes three years after major crisis or upheaval. Think
1991 multi-parties after 1988 “mlolongo”; or 2010 Constitution after
2007/8 post-election violence.
Yet, when all is said and done, it is Mr Kenyatta who remains in the “box seat”.
It
is to him that the Constitution accords the ultimate “bully pulpit” to
bring out the best in, and of, Kenya along — to quote State House this
week — “a path of peace, prosperity, constitutional order, and of
healing”.
He could start with economic recovery.
This looks like his current approach going by media reporting on his
meetings with various economic teams.
Unfortunately, this “business as usual” keeps Kenya on the fraught mega-projects (and mega-borrowing) path of his first term.
SGR
will continue, as will last-mile electricity connections and road
building. Water looks like the new project locus — 57 mega-dams were
promised in the Jubilee manifesto.
Think
too about stuff like the Nairobi International Financial Centre behind
the city’s current construction boom. Viewing this as too narrow.
Mr
Kenyatta might add to his agenda recent proposals for national dialogue
made by the Kenya Conference of Catholic Bishops around electoral
reform, national healing and reconciliation and long-term issues such as
governance, transparency and accountability, poverty, unemployment,
economic inequality, conflict resolution and injustice.
This
would be a great step forward. Those Jubilee politicians, who suggest
that institutions for dialogue already exist fail to understand that
these issues exist because institutions don’t work.
Better
still would be for Mr Kenyatta to provide leadership in revisiting and
restarting Agenda Four of the 2008 National Accord. Lest we forget,
this was about 10 long-term issues that are at the heart of Kenya’s
current “winter of discontent”.
So we have a constitution that we want to overhaul before it’s fully implemented.
Judiciary
reform has progressed impressively, but faces political headwinds.
Police and parliamentary reform never happened. Gimmick-led civil
service and land reform is stillborn in substance.
Add
the age-old problems of poverty, inequality, youth unemployment,
national cohesion and unity, transparency, accountability and impunity.
At
bottom, Mr Kenyatta’s overall agenda is clear. Revamp and strengthen
governance, secure the State and the people, promote equitable economic
opportunity, and eventually, pay for all of it absent of
corruption-induced debt and 2022-inspired mega-project mania.
Think inclusive dialogue around the Governance-Security-Socio-Economy-Fiscal nexus.
He
may not know it yet, but circumstances have presented Mr Kenyatta with
his greatest ever inclusive leadership opportunity. He should grab it
with both hands.
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