Nairobi — In the third century, Greek and Persian empires shared the then known world and enjoyed complete duopoly of military and economic power.

Alexander the Great wanted sole dominance and, between him and the world, stood an ancient myth that whoever undid the Gordian Knot in Phrygia, Turkey, would rule the world.

In 333BC, Alexander arrived in Phrygia and undid the knot, that had defied and mesmerised many for decades, by simply cutting it through in one stroke with his sword. By defying tradition and norms of untying the knot, Alexander became the world's pre-eminent leader and opened Asia to the Greek language, culture and religion.

Since December, Kenya has been trying to rediscover itself and move on. The US and the European Union demand that PNU and ODM enter into a real power-sharing deal as a temporary measure. We may not be privy to the finer details of what both sides of the divide understand by power-sharing, but one thing is for sure: PNU says any power-sharing that undermines the Constitution is unacceptable.

Governing party

The governing party is trying to erect the Gordian Knot for the country, and both parties do not have options. A Phrygian moment is inevitable.

The Government is opposed to power-sharing on three grounds: our sovereignty, that there is a lawful government and that any agreement must be compatible with the Constitution. Like the Gordian Knot, these arguments will not stand the realpolitik nor credibility test.

The US is the world's sole superpower and global policeman and its decades-long official foreign policy is founded on two principles: the promotion, spread and protection of democracy and human rights as well as the commitment to and protection of its allies. However, the sub-text of the policy is the protection and securing of sources of and routes for its energy supplies, and the protection of Israel and its citizens and property worldwide from Islamic terrorism.

The September 11, 2001, attacks on American targets strengthened the policy-makers, neo-cons and supporters in focusing on this sub-text, and the US's entire foreign policy revolves around it. Kenya happens to be sitting in a strategic location for the implementation of this foreign policy.

Kenya does not need to choose the US as its ally; America doesn't have a choice but to make us its ally tupende tusipende, our sovereignty notwithstanding.

To most Americans, Islamic terrorism is the threat, and no money and effort will be spared to destroy it. At the moment, the US has military command centres in the Pacific, Europe and Asia in addition to its central command.

For long, Africa has been missing out and this terrorism's immediacy and threat has forced them to set up the Africa Command Centre (AfriCom).

This will enable the American military to be near what they call the theatre of operation, which is specifically the Middle East and Somalia. Although Nigeria, South Africa, Liberia and Djibouti are begging that AfriCom be built in their countries, America seems to prefer Kenya - Lamu in particular.

In building AfriCom in Lamu, Kenya stands to gain in modern infrastructure and direct employment, and of course, direct grants.

The US military budget this year is $650 billion - more than that of the rest of the world combined. China, with the second largest military budget, is spending a mere $63 billion.

If America has decided to set up AfriCom in Lamu, and has decided what kind of government in Kenya will allow them to do so, no amount of protestation will stand in the way of the geo-politico-military strategy. We stand no chance. Ask Saddam Hussein with his one million-man army.

As we do not have a real foreign policy of our own, we should welcome America with open hands. We have never had control of nor attempted to influence events in the region. Our economy is the largest in this backward region, and yet it is these neighbours who are feeling sorry about our state of affairs. Rwanda, a country the size of Murang'a District, will soon be controlling events in this region if we continue sleeping.

The other argument used by PNU of there being a lawful government is not premised on any sound law. The Constitution and The National Assembly and Presidential Elections Act, Cap.7, demand that the President be the one with the highest valid cast votes. The way the presidential vote tallying was done cannot be said to have given us a validly elected president.

The law states categorically that before it announces the presidential poll winner, the Electoral Commission must have the original Forms 16, 17A and 18 and ECK must tally all the votes cast.

These provisions do not give ECK room to accept fax, phone or text messages or partial results. The law states also that the results must be delivered in the original forms, that all the votes cast must be returned and the results announced after confirmation of their accuracy.

Election result

ECK chairman Samuel Kivuitu's announcement of the results on December 30, 2007, not based on all or any original forms, and not for the total votes cast takes away any legitimacy.

My complaint about the swearing in of Mr Mwai Kibaki is not really about how many votes he received, but the entire process of tallying and announcing his victory was completely and fatally flawed.

Surely, when every mandatory provision of the electoral law was broken with impunity, one with a clear conscience cannot claim that the presidential vote was valid.

People opposed to power-sharing claim also that it will breach the Constitution. This is a very intellectually dishonest argument. Jesus said that the law was made for man and not man for the law. Once a power-sharing agreement is reached, it will, of course, be given effect and efficacy by amending the Constitution accordingly. But you cannot do this unless you know what you want to introduce as an amendment.

Section 47 of the Constitution says that Parliament may alter the Constitution as long as it gets the support of 65 per cent of all sitting members. The law as it is gives the House the sole power and prerogative to amend the Constitution. Incidentally, any argument that Wanjiku has a role in constitution-making, either at Bomas-like meetings or referenda, is legal voodoo. However, to say that constituent power resides in the people is correct, but the power to amend the Constitution has been transferred to Parliament in Kenya as in most countries.

Developed democracies do not run to their Wanjiku when they are amending their constitutions. The argument by pro-government MPs that any power-sharing pact should be subjected to a referendum is thus not premised on any constitutional law.

In amending the Constitution to embed the power-sharing deal, the provisions will in clear and precise language state its transitional and transient nature. The provisions will give the roadmap and timetable of conducting the snap presidential election, and thereafter a comprehensive constitutional review.

Deadlines will be given for key steps in the constitution-making with clear penalties, including snap elections whenever the current Parliament and government, as constituted, does not meet them. People involved in the exercise will, therefore, go to work at once.

If Kenya is to rejoin the comity of nations and participate in its bilateral and multilateral affairs, the Kofi Annan-led talks must end soon. The mediators cannot continue enjoying security, diplomatic cover and undisclosed daily allowances when the country is at a standstill.

My mother in Marakwet needs to operate her matatu which has been idling as the road to Eldoret is always barricaded. Our universities need to be reopened, farms are lying fallow and milk is going to waste. World tea prices have gone up and we are missing out as tea is not being picked in Limuru and Kericho.

Being the sole superpower and with vested interest in Kenya, Lamu in particular, the US will no doubt send its warships to Mombasa.

If America's gunboat diplomacy gives us sanity and humility, so be it. Like Alexander the Great, the US must cut our Gordian Knot that is hiding electoral theft, corruption, arrogance, tribalism and absence of institutional structures.

This maybe our only Phrygian moment.