Former Nominated Senator Paul Njoroge wonders why President Uhuru Kenyatta’s term should not end on November 27, 2022, when one factors in election petitions and possible nullification.
Well, election petitions and nullification are within the framework of our constitutional democracy and legal frame. They are part of the election cycle. You can’t divorce petitions from presidential elections. Article 140 (1) states that a person may file a petition in the Supreme Court to challenge the election of the president-elect within seven days after the date of the declaration of the results of the presidential election.
The former lawmaker wants the AG to interpret the law with regard to Article 136 and advise voters on when they will elect their fifth president. He threatens to trigger court action to challenge the electoral timelines as announced by IEBC chairman Chebukati and his team.
Kenyans, like most Africans, have strived to have better governance systems that are accountable, effective and efficient to the people for close to 30 years. Intellectuals, civil society and religious groups stood against authoritarian and tyrannical systems after Independence. Many Kenyans lost their lives, others fled and sought asylum in foreign nations.
This paved the way for the establishment of governance based on the rule of law. There is a reason why constitutional term limits are set in our laws. Article 142 (2) states that a person shall not hold office as president for more than two terms.
In Ghana the president serves a four-year term. He is limited to two terms, whether successive or separated. Liberia too has presidential term limits.
But some African leaders have eliminated presidential term limits. They include Gnassingbé Eyadéma of Togo, Yoweri Museveni of Uganda, Idriss Déby of Chad, Paul Biya of Cameroon, Paul Kagame of Rwanda, Pierre Nkurunziza of Burundi and Egypt’s Fattah el-Sisi.
It is important to note that relatively weak institutions and the absence of a democratic culture have facilitated the ability of incumbents to manipulate constitutions in these countries.
The hope is that, as the level of democratic development improves in these countries, such constitutional coups will become a rarity.
A regular, free and fair election, as a constraint to government tyranny, is necessary and sufficient to guarantee and safeguard our liberties.
Elections play three key roles in our societies. They sustain effective democratic institutions, provide legal tolls to people and enhance the ability of people to change government and bring into public service new, energetic and progressive leaders.
However, although elections are critical to the transition of a country from authoritarianism to constitutional democracy, they can also serve as a tool for the survival of authoritarian governments.
In this country where the three arms of governments (Executive – Uhuru, Legislature – Justin Muturi and Judiciary – Martha Kome) are lead by people from one region, Central Kenya.
Thus, it leaves us with nothing but a lot of cynicism as to why the President appointed a Chief justice from Mt Kenya.
Is there a law extending the President’s term in office?
Were all these culminating in Uhuru extending his term outside the legal framework using institutions such as the Judiciary?
On the morning of Tuesday, August 9, 2022, we the Kenyan people must prepare to vote and not allow those we donated power to, to abuse our trust and suffocate us with their hunger for power.
We must all participate in governance. I don’t see what value Uhuru will add even if we gave him another term. Compared to his predecessor President Kibaki, Uhuru has underperformed. Our economy is not doing well; infrastructure is a development enabler but not actual development.
We must say no to any form of lack of respect for the rule of law.
The writer is a governance and policy analyst
