BY JERRY OKUNGU
Indeed we are in a spin. Nobody really knows what the outcome will be when CJ Mutunga and his fellow wise members of the bench will read out that all earth breaking verdict.
Assuming that the Supreme Court holds the verdict of the IEBC that indeed Uhuru Kenyatta won the presidency, Raila Odinga will most likely accept it and move on with his life in the knowledge that he explored all legal avenues to seek justice.
He will leave the political scene with a clear conscience that he never did anything untoward that might have plunged the country into another round of turmoil.
What no one can predict would be how the millions of Kenyans who lined up and voted for him all over the country that sunny Monday would take the final verdict. It will be a very uneasy peace that will haunt Kenyans for many years to come.
The future of Kenya right now belongs in the hands of CJ Mutunga and his bench. The ruling must be convincing and persuasive to both Jubilee and Cord followers such that there is no doubt in any body’s mind when it is delivered. It must not just be fair but must be seen to be fair for both parties.
This heavy burden does not belong to the Supreme Court alone. Lawyers in the petition must convince ordinary Kenyans that they have facts to convince the nation that this case is not about political bad blood between Raila and Uhuru, but rather a test for democracy, rule of law and the independence of the Judiciary.
However, even before the petition is heard and determined; before the President–elect and his deputy are sworn in, strange things have started happening that may scare Kenyans, who have been used to freedom of association and expression under Mwai Kibaki.
Suddenly Kenyans are being warned left and right by all sorts of civil servants and security personnel about this and that. Peace has become the blanket to cover all sorts of indiscretions of our rulers.
Inspector General of Police David Kimaiyo seems keen on reintroducing draconian brute force the police were known for during Moi’s era.
Already his boys have injured two innocent Kenyans whose only crime was to take part in a peaceful demonstration in support of the petition.
And to cap it all, he banned all “illegal public gatherings” including open air religious prayer meetings. One wonders how such backward thinking can bring peace and unity to a country that is already polarised. Is this how the police should deal with the ordinary people of this country? Where is the Police Oversight Commission to interrogate these blatant violations of our civil liberties that are entrenched in our constitution?
If Kimaiyo does not know, the freedom Kenyans enjoy today did not come on a silver platter. It was not a Christmas gift either. People suffered for it and paid the ultimate prize. For this reason, Kenyans may never give up their freedoms easily and may have to go back to the trenches if need be.
It is true Uhuru is now President-elect, the court petition challenging his election notwithstanding. Nobody should begrudge him of that because he didn’t sign his own victory certificate.
Having said that, it was curious to see how the national security apparatus handled Uhuru right from the time he was declared the winner.
Suddenly he had a presidential limo complete with a flag and unmarked security detail that most probably rivaled that of the sitting Head of State. Which begs my next question; do we have two heads of state at the moment?
A week later, he took a most deserved holiday to the South Coast and how did he travel? He took two Air Force jets, one for him and the other for his wife!
As I watched these jets landing, I counted the number of passengers from each one of them. All I saw was Uhuru and his “Aide de Camp” and a few hangers on who had lost elections. It was the same when his wife Margaret landed.
I tried to recall when any sitting Head of State, including Kibaki, did such a thing. And I asked myself the one fundamental question; if the Uhuru can indulge in such reckless spending of public resources before he is sworn in, how will it be once he is in office?
How will he control public spending Was it difficult to use one jet for both of them? Or better still, why not use Kenya Airways and pick a small plane to fly him to Diani?
If I were Uhuru, I would hold my horses until this petition against me is over with – once you have tasted power, it is difficult to relinquish it. It may lead you to make many irrational decisions.
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