Macharia Gaitho
13 October 2008
opinion
Nairobi — AGRICULTURE MINISTER William Ruto's proposal for a new system in which the president is elected by Parliament is not just based on naivety or ignorance.
It is pure mischief, and very a dangerous threat for the cornerstone of our democracy has always been election of a president by the people.
From the time Kenya became a Republic in 1964 when Mzee Jomo Kenyatta assumed the presidency, citizens have had the constitutional right to directly vote for their head of state and government.
Maybe the rights have often been violated; but the abortion of democracy during the Kenyatta and Moi regimes - from the days of "unopposed" presidential election on to the enactment of single-party rule - did not take away the entrenched constitutional right.
The multi-party campaign was waged through blood, sweat and tears so that Kenyans could regain those inalienable rights to choose their leaders.
It was not just about the right to belong to a political party of choice or to vote for a party of choice, but ultimately to vote directly and determine which person gets the onerous responsibility of Group Kenya Chief Executive Officer.
This is not a right and responsibility to be trifled with.
What Mr Ruto is proposing is that that sacred duty be taken away from you, me and every other Kenyan, and given to him and some 221 other individuals.
The proposal aims to disenfranchise Kenyans and hand over the right to elect a president to some exclusive little members' club.
Now, this is not to show disrespect to the institution of Parliament, but the fact is our parliamentarians have demonstrated time and time again that they cannot be trusted with power.
If they are given the sole right to determine who becomes president, then they will be no better than the Somali pirates on the Indian Ocean who make a living from ransom paid to secure freedom for hijacked ships.
Our MPs have already become notorious for immorally voting themselves packages that make them the best-paid legislators in the world.
If they are given the right to determine who gets to occupy State House, they will increase their ill-gotten wealth tenfold.
Parliament will become a loud market, a veritable Gikomba auction house where the presidency will be on sale, not just in five-year election cycles, but permanently throughout the year.
It is notable, in fact, that Mr Ruto cited South Africa as an example.
If the system he proposes is adopted, Kenyans could see a president forced out mid-term by his political party or by Parliament.
What happened in South Africa was a travesty.
President Thabo Mbeki was forced to relinquish his seat, not because he was guilty of some impeachable offence, but simply because his chief rival, Jacob Zuma, took control of the majority ANC and wanted to teach him a lesson.
Now Mr. Zuma has installed some crony as president to keep the seat warm while he bides his time towards the General Elections next year.
Under the kind of system Mr Ruto wants to copy, Mr Zuma is almost certain to become President next year.
That is a prospect that should fill many with trepidation.
He has been enmeshed in scandals that make Goldenberg and Anglo-Leasing, combined, look like loose change.
And more dangerously, he has displayed a tendency to employ thugs to intimidate the Judiciary, the media, political rivals and others who stand in his way.
A President Zuma might moderate his ways, but his track record might well signal the threat of a megalomaniac and kleptomaniac in the most powerful office on the African continent.
Parliamentary democracies like Britain, Australia, Canada, Israel, Japan, India and many others do not have direct elections for the top leader.
Maybe the indirect election works satisfactorily in some countries, but it can never be superior to democracy where the people have the final say.
Our Parliament has often come across as a greedy and venal institution where members are permanently on the lookout for opportunities to feather their own nests.
As for our political parties, forget them. They are not political parties in the classic sense of the term, but merely short-term special-purpose conveyances to power.
It is not clear whether Mr Ruto spoke for himself or for ODM, but his proposal presents us with an opportunity to re-examine past proposals to hand over executive power to a prime minister and leave the popularly-elected president only with ceremonial functions.
That has been the ODM position, and it has always been based not so much to enhance parliamentary democracy but as a short-cut to power.
Out of the post-election crisis, we now have a president and prime minister sharing power in a temporary settlement.
The important thing now is to refine the system as part of the constitution review process.
Mr Ruto, a Cabinet minister and member of the ODM high command, is surely engaging in some dangerous mischief when he seeks to short-circuit the process.
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