He has been cited not once but many times to have violated the Constitution. Some of his decisions have been faulted by the courts after they were found to be in contravention of the Constitution, the very document he swore to protect and uphold.
Out of the many citations and violations, one would think there is enough ground to impeach the President. But who is bold enough to jumpstart the process?
The President is trampling on the Constitution well aware his back is covered. His support base is intact and bolstered by the opposition joining ranks with him, at least for favours. With the opposition subdued and walking the same path with him holding hands, he has little to worry about, whether his decisions violate the Constitution or not.
Parliament as it is now can hardly think the same, divided along several pillars. Leaders often exploit the sharp divisions to their advantage. If not pulling and tearing in the middle as Tangatanga vs Kieleweke, existing party divisions and mistrust are still alive and active. Jubilee lawmakers will still find areas to deny Nasa numerical strength and vice versa.
And where both seem to be thinking on the same breath, the handshakes in their ranks will have their agenda thwarted by the DP's camp.
The other area our leaders exploit to the fullest is the ethnic divide, as created by the colonialist. Once you divide people along ethnic lines, you can easily control them. Mt Kenya will always rally behind their man when you want to impeach him. Other smaller tribes are rewarded through tokenism, to sing the same tune, good or bad, to bolster the numbers.
We cannot talk of dictatorship without mentioning the militarisation of the state. To a casual observer, the takeover of the city from Governor Mike Sonko and the illegal handover of the Kenya Meat Commission to the military are just to ensure they are run efficiently, away from the perceived corrupt civilian leadership. But it is a deep strategy, to empower the army, buy loyalty and in turn, the militarisation of state agencies will help to fortify his grip at the helm.
All this shapes the thinking of the President, when it comes to dealing with other organs of government, like the judiciary. The recent spat and open posturing between the President and the Judiciary creates a picture of a leader not just out of touch with the Constitution but also one who has now elevated himself above the document. You can cite his violations but you cannot prosecute him, for the tide sails with him.
He is not just mocking the Judiciary but also sending it veiled threats. He has repeatedly threatened them and he now expects its rank and file to serve at his behest or face the axe.
His unwillingness to approve the appointment of six judges has nothing to do with the Constitution or their integrity but their unflinching judgment, which has rubbed him the wrong way.
For not making favourable rulings against the government and the President, they outrightly exposed themselves as enemies of the state, candidates for murder, if we lived in a banana republic.
But killing six people of high standing is an immense task to execute and can attract the attention of the international community, to the level of paralysis. Why not just ridicule and humiliate them and paint them as rotten, throw a spin and soon the public shall have forgotten about them?
This angle of public humiliation is what informs the President’s decision regardless. It is the creation of an ogre, an imperial president.
To an observer, the President’s approach is a mere attempt to impose his image on judges, to cause fear and despondency in the bench. Such a move by the Executive, having smothered Parliament through the handshake, signals the entrance of one-man rule—dictatorship.
Dictators succeed in imposing their will on people, by destroying structures and institutions, rather than protecting and enabling them to flourish, independently.
