Who between Raila and Nyachae is lying?

Who between Raila and Nyachae is correct constitutionally?
Updated on: Wednesday, June, 22, 2011 Story by: MEEME JOSHUA

During a stock-taking forum at National Constitutional Conference, differences emerged between the PM Raila Odinga and chairman of Commission of the Implementation of the Constitution Charles Nyachae. The two seems to reading from different scripts concerning whether 'appointed' is the same as 'elected.' Members of Parliament are appointed by the constituents through an election. Nevertheless, whether appointed or elected, the constitution is clear that members of Parliament are state officers who should not hold a party position. Period.

The constitution does not accord exclusive right of interpretation of the law to one person. But we can employ selective interpretation to earn political 'Bonga Points.' What political benefits comes with this argument? The PM knows fighting for his loyalists to retain party positions at the expense of constitutionalism is against public mood. Circumventing the Constitution is like ashes that flyback into the eyes of the person who throws them. Drafters of the Constitution knew this and put virtually everything in black and white. There are however gray areas. But I do not think surrendering party positions is one of those gray areas that require the attention of Supreme Court as the PM has requested.

Our respected PM Raila with all due respect is an Engineer and will only rely on advice from his courtiers hanging on his coattails for legal interpretation. Official legal advisor of the PM, Lands minister James Orengo has kept mum on this. As a lawyer he knows why. Son of Nyandusi family being a lawyer, as well, has taken the bull by its horns. But the bull seems determined to gore him. But a man fed on 'mrenda' knows well that his healing process would be fast. 'Fish-eater' against 'mrenda-muncher' on interpretation of the Constitution. This time I do not think the fish gave the PM enough Omega Complex fatty acids for proper reasoning. Or is he feigning ignorance?

Agwambo asks whether we will get party officials from the church, when told that the constitution requires 'state officers' to cede party positions. Nyachae stands his ground that they must resign. But now who is fooling who? Is Raila feigning ignorance or is he doing this purposely to protect positions of his foot soldiers? This matter is emitting more heat and smoke than light. Where there is too much smoke it is time to look a little closer. Smoke screens are used to fool people. Kenyans are keen and will not fooled, not this time.

Article 77(2) states “Any appointed State Officer shall not hold office in a political party.” Then the question arises who is a state officer? Article 260 defines a state officer as “a person holding a state office.” On the same breathe state office is defined as “any of the following offices: President, Deputy President, Cabinet Secretary, Member of Parliament, Judges and Magistrates, member of a commission to which Chapter Fifteen applies, ...” and the list goes on. So Mps are State officers.

We cannot judge someone's intellect by the size and shape of his/her head. But our President is cool on this one. Just like a male spider that has finished its business after the delivery of the constitution, Baba Jimmy has resigned to fate and patiently waiting his retirement. If all factors are held constant PM will take the baton. Agwambo being the next horse to bolt from the stable and gallop into state house should be seen to champion the culture of constitutionalism before the veneer of reformer erodes to expose hypocrisy and double speak. Constitution does not become right when it favors you and hazy when steps on your toes or the toes of your fanatical followers. Constitution is always right! Son of Nyandusi go on!

joshmemento@yahoo.com