Raila Odinga has impeached the Constitution


If there is one truth I have learnt while observing the perennial tumult of our democratic discourse, it must be the utter futility of warning certain politicians against eating their cake and having it too. One might as well bay for the moon or whistle at a whirlwind.

One of Raila Odinga’s key propositions in the ill-fated CORD campaign was that he was the candidate whose presidency would see through the implementation of the Constitution in full. It was a fervently held CORD dictum, never mind that the Republic’s Watermelon-In-Chief was a principal of the coalition.

Today, Mr Odinga has executed a most astounding about-turn, and become the Constitution’s chief antagonist by a long mile. Initially, his assault on IEBC seemed to be an understandable, even if not statesmanlike bitterness at losing the election. Before long, he was going at the Judiciary hammer and tongs, even calling the Supreme Court korti bandia (bogus court). To bring it all home, he lumped the IEBC, NIS, Supreme Court and KDF in a most delirious conspiracy theory that had even his die-hards wondering about his stability.

Mr Odinga was not done. He recently stated that he prefers the country to revert to a parliamentary system of governance.

As he warmed up to this absurd proposition, he went further and declared that indeed, he has never been in favour of the current presidential system, which he blamed on the Deputy President and Hon Martha Karua. Apparently, they run him over at Naivasha while his PG were nursing a hangover, and he devoutly supported the draft at the referendum because everything else in it was great and, besides, there was devolution. A painful contortion, and a most pedestrian, baby-with-the-bathwater fib, if I ever saw one.

Mr Odinga’s latest outrage went largely unremarked. At a live TV interview, he said that the dialogue he is demanding with menaces cannot take place under the aegis of the present legislative framework. To suit his needs, Parliament would have to be reconstituted into a constituent assembly for the momentous parley to happen.

By discrediting IEBC and the Supreme Court, Mr Odinga aims to de-legitimise the Presidency. But there is a little hitch there. Every CORD legislator, Governor and MCA has endorsed not just IEBC, but the outcome of the last General election. All its members whose election was challenged in the courts not only submitted to the courts’ jurisdiction with alacrity, they emphatically vouched for the veracity and integrity of IEBC and its conduct of the election.

In fact, since the IEBC is a necessary party to each petition, these CORD luminaries routinely lodged pleadings endorsing whatever IEBC filed, and fought tooth and nail to vindicate the electoral body.

All those voluminous tomes and hefty bundles hauled by defence lawyers before courts throughout the republic are nothing but lengthy and lyrical forensic paeans to the virtues of IEBC. Ask Moses Wetang’ula. The only CORD members who have a problem with IEBC are those who lost the election. That is why Odinga wants mass action – the elected members of his party are not animated with his bitterness and angst.

Even so, James Orengo, ably goaded by the woefully incontinent Johnstone Muthama, ominously suggested that one needs not wait for 2017 to take over power. In fact, he has gone ahead and further averred that no one needs an election to take over power. No one in CORD has taken these gentlemen to task over their intemperate and utterly problematic ideas.

In a season when Kenyans remember the aborted but nonetheless tragic coup of 1982, Mr Odinga suggests that the Executive, Parliament and the Judiciary are illegitimate.

He also refutes elections as a means of acquiring the mandate to govern. He has clearly run afoul of Articles 2 and 3 of the constitution. He has defiled his obligation to respect, uphold and defend the constitution. He claims the right to exercise State authority outside the constitution. He suggests that it is possible and lawful to acquire power by unconstitutional means.

Throughout his career, Mr Odinga has experienced innumerable defeats, setbacks and reversals. He has never accepted nor learnt from any of them. Except in one instance, he has manfully strived to manoeuvre within the constitutional dispensation of the day. In 1982, anyone implicated in the coup attempt had the excuse that the constitution and government of the day left little room for the actualisation of popular and legitimate aspiration. This point was emphasized by the three decades of attempts at constitutional overhaul that followed, culminating in the referenda of 2005 and 2010.

As a major mover and shaker in the Second Liberation, and especially in the processes culminating in August, 2010, Raila Odinga has no excuse to assail the constitution with the casual vulgarity of his recent deportment. As a candidate whose platform was the defence and implementation of the constitution, his present conduct is obscene.

It is not the Presidency that Mr Odinga is going at. Neither is it Parliament, the Judiciary or constitutional institutions. These are mere collateral damage, much like the unmourned casualties of the 1982 coup attempt, who remain unknown to the world in their hundreds, even today.

No, ma’am, Mr Odinga has decided that the constitution no longer suits his purposes, and the hell with it. When he unilaterally purports to create public holidays, he’s driving his point home: he respects no law. Raila Odinga is impeaching the constitution.

(The writer is the Senior Director of Messaging for the Presidency at State House)

13 Replies to “Raila Odinga has impeached the Constitution”

  1. So one has to look caucasian to be Kenya’s most beautiful woman? She is beautiful no doubt. But by western standards. Ajuma for most beautiful Kenyan lady anyday.

  2. My understanding of what impeached means is “a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as criminal or civil punishment.” If Raila is responsible for the above. Why has there not been due process? Kenya is in a very vulnerable situation at the moment. I would describe it as when one puts milk to a pan/sufuria to boil, if you do not watch it carefully it, you may catch a few spills on the surface and save the rest of the milk. We have had our our few horrible spills and the last thing we need is the milk boiling over and spilling over to mayhem. Security is a huge problem in Kenya at the moment and the last thing we need is a boiling pan spilling over all the milk! We need action and not political propaganda being spawned to us. A lot of us are against tribalism but the Government has not helped in their appointments to making the public question them from all tribes.The CS has not delivered but he still stays in his post. Would it not be better for him to be a CS in the tourism industry where his best skills lie? On this one I blame all the politicians in his mayhem. After all the opposition in most countries is to check where the Govt is going wrong and point it out. For Al shabaab on one hand to claim the atrocities in Mpeketoni and for the Govt to say it is inside politics makes a a lot of Kenyans wonder on what is the true story. When the UK Consulate closed their offices last Friday in Mombasa. Did the Kenya Govt. see it is a big problem or was it ooooooh because we have gone East….. No my dear Kenyans the west is not our problem at least they are looking out for their own. We are our own problem. Let us not jump to tribalism and nonsense. We need security in our country, regardless of tribe, religion, gender etc. If there were not such huge issues in Kenya, Raila would not have a a leg to stand on. So ;let the Govt. deliver, makes us feel safe and not place all their problems on the opposition. As a Kenyan I am not buying that anymore. Let us remember our National anthem and our National Pledge…. May Kenya wake up and prosper!

    1. So you think it’s only the opposition who are concerned about insecurity and no one else? Let’s say exactly what we want and stop going around the veil of security. Raila wants power,period.

    2. Impeach – from the old French word of the same root as empêcher means to hinder, stop or in Law, to challenge or discredit the credibility of, bring an accusation against….

    3. @

      Kenya Weareeone: I will let your gaffe about the english language go… You are going around in circles explaining what everybody knows.. The totality of what we have seen should convince every right thinking Kenya that we are again experiencing this guy fuel ethnic tensions with nary a single solution to the myriad verbal tirades he has been getting into. His sole purpose is the acquisition of the power the people denied him in free elections. To wit, Kenya was doing very weel in managing the terroristic threats when “Dr.” Odinga was on a ‘sabbatical’. Ask him to go back for 3 more years.

  3. When the commissioners of the IEBC were being selected, raila was in fact consulted and approved the list. The interviews were conducted live on national TV for all to see. Now that he lost the elections he wants them all fired!!

    Then the idea of nyumba kumi was suggested as one of the solutions to combating crime and terrorism. raila once again was one of the first to stand up and pour cold water (or was it hot water) on the whole idea. What I would like to hear from the man is the solutions he has to offer. Simply shouting “police reforms” doesn’t explain to the ordinary person what role they can play in fighting crime and terrorism. The work of the opposition is to provide alternative solutions and not just to make noise and shoot down everything in sight.

    The security situation in the country needs of a lot of work, that is true. Many of us have seen the state of the police stations, the living conditions of the police and the pathetic state of their vehicles. All in all, various arms of security have been neglected over the past few years. In the recent past few months we are beginning to see some positive changes. Let us not be naive and think that security will come like flicking the switch of a button. It will take time,perseverance, dedication,hard work and a lot of collaboration with the community.

  4. So, State House’s hirelings have been loosed on us… to give this dog a bad name and to hang it until dead! The accusatory tone of Mr. Ng’eno’s article makes one wonder if he is fit to serve the presidency. Is he a public servant or a personal lapdog at State House, barking at a hated opponent? With this kind of messaging, from the presidency, who needs one country? Why don’t Jubilee just carve it up, so that those of us with a different opinion can have our piece, and Jubilee’s own can have peace?

    This government shall be the death of Kenya. It is rude beyond tolerable insolence.

  5. @Tarimbo – are you trying to suggest that When “Dr Odinga” was away there were no terrorist attacks? and on the Day Githinji was hired and Rugut was moved. Did you manage to look at the presidents Facebook page….. It got pulled down as there were many comments there that came from lots of people from all tribes saying the y had had enough of tribalsism with many Govt posts going to one tribe.Face the fact there is a problem on the Uhuru side and there is a problem on the Odinga side. It is not a one sided affair. The Govt has to be fair then the opposition will have no leg to stand on. It is what it is.

  6. Spot on! Raila was loud saying SGR was his idea and jubilee should not take credit. That guy is confused and losing his mind!

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