Every five years, Kenyans prepare to go for a general election to choose their desired leaders.
Today marks exactly one year to the next general election in Kenya.
But is Kenya ready?
Regardless of the pandemic, the beginning of 2020 saw the rise in political temperatures with major players creating new alliances against the backdrop of the Building Bridges Initiative.
The BBI is said to be setting the ground for President Uhuru Kenyatta’s succession.
So far, the President has not publicly declared his successor and is keeping everybody guessing on his specific preferred choice.
However, his indifference towards his deputy William Ruto has given a clear signal that he will not back the second in command.
Instead, this has culminated in issues of humiliation, mistrust between the two leaders ahead of the elections.
UhuRuto, as they were known on the political platform, were the 'best of buddies' during their first term, with the two publicly displaying their camaraderie.
The pair wore matching shirts and neckties and often addressed the public together in a show of unity as they jointly attacked the opposition at the slightest criticism.
But their relationship took a nasty turn in their second term with the duo constantly engaging in attacks, albeit in a subdued manner, before eventually boiling over.
The animosity has seen the ruling Jubilee Party splitting between those supporting the President and supporters of DP Ruto.
Ruto has gone ahead to form his party UDA that he says he will use during the 2022 elections.
The relations deteriorated further with the arrest of a Turkish investor at Wilson AirportSaturday.
Harun Aydin, a Turkish national who the DP esteemed as a polished investor, was arrested soon after he landed at the airport from Uganda.
The arrest comes in the wake of Ruto’s blockage from travelling to the neighbouring country and the tough-talking DP trashing the president’s track record in what lifted the lid on their worsening relations.
Uhuru and Ruto have bitterly fallen out and the unfolding revelations can only be seen to final nails on the coffin.
POSTPONING POLLS?
A section of politicians has insinuated that the 2022 elections should be pushed to allow a referendum to be carried out on the BBI.
The High Court derailed the BBI process by declaring it illegal.
Even if the pending appeal is successful, there is hardly enough time to hold a referendum before the next elections.
Ndaragua MP Jeremiah Kioni is said to be preparing to petition the High Court to postpone the election date to give the IEBC adequate time to conduct boundary delimitation.
The MP said his move is meant to avert a constitutional crisis by going into an election with electoral units that are illegal.
At the heart of the polls postponement push are concerns nearly 200 constituencies do not meet the population threshold provided for in the Constitution.
The current population quota per constituency is 163,000 voters.
In what portends a charged political discourse should the postponement plan proceed, Ruto’s hustler side has opposed any plans to extend Uhuru’s term by even a day.
He has said the Constitution is clear on election dates.
Ruto’s allies said an extension is only provided for in the event of a war in the country.
The DP himself said those pushing for a postponement of the election — whether for BBI or any other matter— are speaking the “language of impunity".
Uhuru is set to leave office in August 2022, but should the courts agree with the planned petition, elections may be held in March 2023.
However, IEBC chairman Wafula Chebukati Monday dismissed reports on the possibility to postpone the 2022 general elections.
Chebukati said elections will be conducted next year as stipulated in the Constitution.
"I have seen reports of plans to delay the general elections. IEBC for a fact does not react to opinions from organizations or individuals," he noted.
The commission's chairman noted that IEBC is guided by the law which highlights that the next general elections will be held on August 9, 2022.
IEBC PREPAREDNESS
As the elections approach, the commission is yet to be fully constituted and its acting CEO is set to retire.
Last week, President Uhuru Kenyatta nominated Francis Wanderi, Justus Abonyo, Juliana Cherera, and Irene Cherop to be IEBC commissioners.
Uhuru sent the names of the four to Parliament for vetting and approval.
They will be replacing Roselyn Akombe, Margaret Mwachanya, Paul Kurgat, and former Vice-Chair Consolata Maina who resigned from the commission.
The IEBC has also embarked on the first phase of mass voter registration that began on August 2 and will run until August 16.
The commission is expected to conduct two phases of mass voter registration targeting seven million Kenyans, with the second phase scheduled for December 6 to December 20.
Consequently, IEBC is required to hire a firm of repute to audit its voter register from October 1 to October 30.
The report from the firm will then be tabled in Parliament for approval before its recommendations are implemented by the IEBC.
By December 9, 2021, political aspirants are expected to have concluded their fundraising exercises.
The timelines further dictate that civil servants seeking to run for office should resign by February 9, 2022.
According to the law, public officers seeking elective seats must resign six months to the General Election.
According to the elections operations plan, nominations for presidential candidates will take place between May 30 and June 10 next year.
JUDICIARY
There has been a push and pull between the executive and the Judiciary since 2017 when the presidential elections were halted.
In 2017, Uhuru and Ruto attacked the Judiciary after the Supreme Court nullified their re-election citing illegalities and irregularities in the process.
“We shall revisit this thing. We clearly have a problem with our Judiciary. Who even elected you? Were you? We have a problem and we must fix it,” he said soon after the elections were nullified in September 2017.
In April, the High Court quashed the President’s appointment of 129 heads of state corporations and board members, saying the appointments were illegal.
The Judiciary also accused the President of refusing to appoint 41 judges recommended to him by the Judicial Service Commission in 2019.
Under the 2010 Constitution, the JSC chooses judges and the President's role is merely to formally appoint them.
Uhuru only appointed 34 judges and left six out. But this did not sit well with former Chief Justice David Maraga.
Maraga who has always been at loggerheads with the president blasted Uhuru for refusing to swear in six judges, saying his legacy will be ruined by blatant disregard for the Constitution.
Maraga said Uhuru is constitutionally bound to appoint all judges nominated by the Judicial Service Commission and his veto on six names amounts to a violation of the law.
Maraga lamented that disobedience of court orders by Uhuru and his Cabinet had reached unprecedented levels.
If this continues unrestrained, the country is staring at anarchy and impunity in the face, he warned, calling on the President to respect the Constitution and the separation of powers.
In June, the President used the Madaraka Day celebrations to blast the Judiciary over what he termed as irresponsible rulings that negate the people’s will.
In what could worsen the already sour relationship between the Judiciary and the Executive, Uhuru said the recent judgment on BBI overturned the people’s will, diminished their power and stifled efforts to fix ills that have bedevilled the country.
“From nullification of a presidential election in 2017 to an attempt to stop the will of the people as expressed through BBI, the Judiciary has tested our constitutional limits,” the President said.
Uhuru said the BBI was meant to bring political stability by building bridges, creating inclusive politics and ending ethnic majoritarianism that has stagnated the country’s progress.
“If the court had subjected its decision to stop BBI to a cost-benefit analysis, in other words, if it had considered the burden of choice, then, these are the questions the Judiciary would have asked:
“If we are in a constitutional moment, is a decision against BBI a decision in support of the status quo?” he posed.
“If BBI were to be stopped, who carries the burden of choice? On whose shoulders will ethnic majoritarianism rest?
Edited by D Tarus
