By Nicholas Nyile
s we usher in a great new year of 2012, we have a stake to critically evaluate all the developments of our new nation.
In August 2010, a new constitution was promulgated.after being passed by the majority (yes team) against the naysers although it emerged a third group famouously known as the watermelons who would support the proposed draft during the day and oppose the same at night.
As the chair of the commission and independent offices at National civil society congress (NCSC) since Dec 2009 which offered massive input to the Committee of Experts,I begin my analysis with first highlighting the following commissions and independent offices which have been formed through the passage of Acts of Parliament pursuant to Article 248 of the new constitution of Kenya .
These include:The Kenya National Human Rights Commission which gave birth to Gender Equality Commision, The Ethics and Anti-Corruption Commission,The Independent Electoral and Boundaries Commission, The Parliamentary Service Commission,The Judicial Service Commission, The Commission of Revenue Allocation, The Public Service Commission, The,Teachers Service Commission, The Salaries and Remuneration Commission and the Auditor General and Controller of Budget offices.
Although all the constitutional commissions are vital, I'm impressed by the bold move of our chief Justice Dr Willy Mutunga in his creation of the Commission on Administration of Justice (CAJ) which took over from the then toothless Public Ombudsman (PCSC).There is compelling conviction that the roque and incompetent public officers will either change their conduct or vacate their offices, but that will depend on the public presentation of complaints.
Much still ,the Executive and Parliament have betrayed us by delaying the formation of these commissions with greater public demand;- The National Land Commission, The Ethics and Anti-corruption Commission,The Salaries and Remuneration Commission, The National Police Service Commission and The Independent Electoral and Boundaries Commission.
Among the results of the said delay are the lecturers and doctors strike ,the illegal appaent extension of the service of the police commissioner , the Syokimau and other areas land saga, the uncertainty of land tribunals, the proposed exit package of Mps by next July, the proposed change of election date from August as stipulated in the Constitution to December 2012 and “leadership vacuum” at the Integrity Centre. All these mess would have been avoided if both the executive and parliament took action to earn the the goodwill of the people being enjoyed by the Judiciary under 150 days after the appointment of the new Chief Justice Mr Willy Mutunga.
Types of Personalities.
Allow me to explain the 4 types of personalities so as to provoke your debate but in civil manner, each personality will match with its features/characteristics.
1.Sanguine (Self Seekers) – This category belongs persons good in storytelling, emotional, easy crying, appeasing and publicity seekers.
2.Choleric (Reformers) – This class possesses Bold, Optimistic, self sufficient, Dynamic and non-compromising characters.
3.Melancholy (Visionary) – This group belongs to persons gifted with high intelligence, Analytical, Industrious, and self sacrifices, sensitive and reflective thinkers.
4.Phlegmatic (moderators) - This category belongs to persons with peace – keepers skills, slow thinkers, calm, sometimes are both emotional and unprincipled.
In my last edition, I promised to give you the profile of our politicians and more so the presidential candidates, but after deep consultation with myself, I have opted to align them in 3 clusters with their personalities and public perception then give you a Christmas gift and assignment to confirm to me “ Ukitema ama ukimeza ni shauri yako” but persuasion is better than force, however, as many pundits requested for opinion polls, I am not a gun for hire neither shall I use the top dog and underdog words to describe our candidates, I am afraid Mzalendo Kibunja may sit as a judge to discuss me, but let the truth be told without fear or favour. I am further insulated by the book of Proverbs which advises that “an open rebuke is better than hidden/secret love”.
Presidential Candidates and their Cluster.
(a) Raila Odinga, Paul Muite, CK Ngilu and Martha Karua – These applicants for State House belong to both choleric and melancholy- groups. They all fought for second struggle and liberated Kenya from Chama Cha Baba na Mama misrule, so they deserve a chance to be listened to.
(b) Kalonzo Musyoka, Uhuru Kenyatta, Samoei Ruto and George Saitoti – c. c. These politicians cut their teath and enjoyed their good time during the KANU misrule and are viewed by many as conservatives thus they belong to both Sanguine and somehow phlegmatic. Their Manifesto and pledges of a new change is purely unconvincing alibis.
(c) Peter Kenneth & Rev. Mutava Musyimi – The duo posses three out of four qualities of personalities they are both reformers and moderators. Though I admit they are not more popular than the top two groups, they are unique and can work with both reformers and reactionaries. Together with Mtetezi Paul Muite, they discuss issue based policies and ideologies without their tribal patronage. They too maintain the record of being smart managers and defenders of public affairs and interests.
Lastly, for Kenya to prosper as a nation, Human Rights and the Rule of Law must be respected, that’s why we need the voices of Dr. Willy Mutunga, Commissioner Omar Hassan Omar, Gladywel Otieno, Charles Nyachae and Maina Kiai to engage the authorities to conceptualize, internalize and fully implement the values, principles and diktats of our new constitution. Otherwise, we shall not let the saboteurs to design our destiny and our drive for free, fair and credible election which will be the foundation of human rights centrered governance and just society.
For those kind and benevolent advice though they may become a shock therapy to turn against your favourite candidate I wish you a Merry Christmas and Prosperous New year of 2012.
Mr. Nyile is a Programs Director, Centre for Governance and Advocacy and also a panelist at The King’ang’ani — weekly talk show on Mbaitu fm 92.5.