There is a problem, but we’re going about it the wrong way

The pictures of Chief Justice David Maraga and his wife voting in their rural home in Nyamira County on Thursday caused animated debate, perhaps as much as the Nasa and Jubilee MPs, coming to blows at a hotel where they would ordinarily have a drink, argue politics and cut business deals.

Some of the views were that Justice Maraga is an astute, crafty lawyer with good political instincts. If he wasn’t seen at the polling station, it would be assumed that he had boycotted the election in sympathy with Nasa.

Another view was that he wished to demonstrate his fidelity to the law: the Supreme Court might have been unable to hear the case challenging the election, the lawful position was the status quo and that is what he was going with.

I have a raft of reasons why a man who is older than 40 years would take part in an election that the opposition has called a boycott on. The youngsters on Twitter would, of course, conclude that if you voted, you are a “Jub’lee dawg”, but it is a lot more complex than that. Let me unbundle.

WISDOM

First, as a grown man capable of thinking for yourself, you may not like being told what to do. There are folks who fervently believe that when opposition leader Raila Odinga speaks, that is the end of the matter. Then there are those who view themselves as having the wisdom and the information to decide for themselves.

Secondly, have you ever gone to the pub and somebody asked for an expensive drink that they didn’t drink and, at the time of rising, you picked it up and drank it anyway so that the money does not go to waste? We have just used Sh12 billion, which is enough money to do big things for our country; money that does not grow on trees. We are not going to let it go entirely to waste; some of us must vote.

Thirdly, this concept of creating a constitutional crisis as a way of solving the underlying problems of political domination and poor representation, is to me a stupid idea.

A common fallacy in analysis is overplaying the benefits and underweighting the risks. An election allows us to remain within the umbrella of the Constitution.

TENSION

It does not allow for a quick solution but neither does it close the door. The business is far from over; there is a lot of drama, tension and probably even violence in the near future.

The question is whether we are smart enough, genuine enough and sufficiently self-sacrificing to frame and present the argument without too much self-promotion.

There is a problem, but we are going about it the wrong way. The solution cannot be flushing the Constitution down the toilet, as it is not just another plaything in the service of political careers and financial aspirations.

I heard, I don’t know whether it is true, that when they put up a monument in honour of Dedan Kimathi, former Chief Justice Willy Mutunga went to see it and wept. He is from a generation to whom freedom and freedom fighters and the entire concept of liberation was very close to their hearts.

We, on the other hand, are from the reform generation. We started fighting in the streets for political pluralism when we were children. After a lifetime of struggle, we got the 2010 Constitution, which captured the aspirations of our generation, but was also polluted by the hangover of an older generation. We will not to give that up without a fight, irrespective of who says so.

POWER STRUGGLE

The political drama going on is a power struggle between Nasa and Jubilee. The underlying grievance is merely the backdrop. What would it take for the grievance to come to the foreground so that we can confront and solve it?

Fourth, the freedom to exercise conscience, to take part in the transfer of power from the people to a government, is an important duty.

If you don’t participate, even if you do so by giving your vote to Ekuru Aukot, whom are you leaving the job to? For a Kenyan not to participate, the reasons must be clear and true; not just an exemplary piece of snake oil salesmanship. Increasingly, we are a country that dares not speak the truth, dares not see the truth. We run on tribalism, the way a car runs on petrol. Which is fine, I guess.

SACRIFICES

It is all very well for the children of collaborators, homeguards and turnkeys to talk about war and death and peasants making sacrifices. In the last struggle, they lost nothing and gained a country. Those who bled and lost loved ones had their land taken away and were forced to endure for decades the preening of the factotums of the oppressor.

If you think you have a cause for the Kenyan peasant, go and call a meeting in Katheri village, Imenti Central constituency of Meru County, where Field Marshal Baimungi was shot like a dog after a valiant war, and tell the peasants you want their sacrifice. Then you will let us know their feedback.

Yes, there are many reasons Justice Maraga went to vote, perhaps unrelated to being a Jubilee supporter.

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