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UHURU MUIGAI KENYATTA’S INAUGURATION.
“Men give away nothing so liberally as their advice.” F. de la Rochefoucauld.
Now that the Supreme Court of Kenya cleared the way for President-elect Uhuru Kenyatta and his deputy William Ruto to be sworn into office, the next question is what will be the protocol to be observed on the inauguration day. The key thing of the day (scheduled for 9th April, 2013 at Moi International Sports Center Kasarani which seats 60,000 people. For many employees, this will be a much deserved rest day as it will be a gazetted public holiday) will be the transition of presidential reigns from Emilio Mwai Kibaki to Uhuru Muigai Kenyatta. Technically, this will be Kibaki’s last official duty as he heads into retirement joining his predecessor Daniel Toroitich Arap Moi. This will also be the last day Kibaki’s presidential standard will be hoisted to be replaced by Uhuru’s. (The standard is just another word for flag, usually; you may have noticed that vehicles carrying a president usually have two flags, one the national flag and the other a presidential flag. Jomo Kenyatta’s standard was previously on display at the Kenya National Archives).
Given the situation which transpired at Uhuru Park on 31st December, 2002 when Moi handed over power to Kibaki, the current generation of leaders saw it fit to come up with a clear-cut manner of doing things whereby we will not have to pity Kibaki as some goons who may have a bone to pick with him throw mud at him as it happened to Moi. We may be travelling through previously uncharted waters, but the law is now very lucid on how the president will assume power as set out by law. The relevant law is Article 141 of the Constitution as read with the Assumption to the Office of President 2012 Act. The applicable provisions under the current circumstances is Article 141 (2) (b) which reads;
(2) The President-elect shall be sworn in on the first Tuesday following––
(b) the seventh day following the date on which the court renders a decision declaring the election to be valid, if any petition has been filed under Article 140.
To make this day successful and hitch free, there is an established Committee to the Assumption to the Office of President headed by the current Head of Public Service Francis Kimemia who is also its chairman. This time, just like in 2002, the swearing-in will be in broad daylight and I believe UK may not have to struggle with some words the way Kibaki inserted “kazi ya uhalifu” in his oath in 2007.
What happens if a president dies before assuming office? This is tackled by Article 139. Should a President-elect die before being sworn in, the Deputy-elect will be sworn in as an acting President on the date on which the President-elect would otherwise have been sworn-in and a fresh election to the office of President shall be held within sixty days after the death of the President-elect.
If both the persons declared elected as the President and the Deputy President die before assuming office, the constitution decrees that the Speaker of the National Assembly (this would be Justin Muturi) shall act as President from the date on which the President-elect would otherwise have been sworn-in and a fresh presidential election shall be conducted within sixty days after the second death. Reliable sources indicate that Uhuru and Ruto cannot currently attend public events together, board the same aircraft or be outside the boarders of the country at the same time until they are sworn into office.
On the appointed day, Uhuru and Ruto will precede Kibaki in arriving at Kasarani and Kibaki will be the last to arrive in his motorcade with police outriders from Sierra Hotel (State House) in what will be his last presidential ride and function. President Kibaki will inspect a Guard of Honour, his last as Head of State, before going to the main dais where he will shake hands with the incoming President. Then the prayers will be offered from several religions and traditional leaders.
Uhuru will be administered the oaths by The Chief Registrar of the Judiciary, the affable Mrs. Gladys Boss Shollei (Kenyan advocates must be familiar with her scorpion-like signature on their current practicing certificates) in the presence of Chief Justice Dr. Willy Mutunga. Uhuru will take and subscribe to the oath or affirmation of allegiance and the oath or affirmation for the execution of the functions of office in accordance with Article 141 of the Constitution. In 2002, it was Amos Wako; Chief Justice Bernard Chunga assisted by William Ouko (as he then was). In the absence of the Chief Justice, the Deputy Chief Justice (Who we currently do not have after the monkey business and exploits of Nancy Baraza although we are still awaiting the approval or rejection of Lady-Justice Kalpana Rawal by parliament) is mandated by law to swear in the president and the deputy president. The passing of instruments of power will take place after Uhuru takes the oath of office and signs a certificate of inauguration.
Kibaki will then hand over the ‘instruments of power and authority’ – a special sword and the 2010 Constitution – to Uhuru. Uhuru will also be handed the EGH chain.The ceremonial sword will mark the change of guard from Kibaki as the Commander-in-Chief (C-in-C, pronounced sinc in military parlance) of Kenya Defence Forces, to UK. At this juncture, Kibaki will cease enjoying the services of an aide-de-camp who will now be seen standing or seating behind Uhuru.
Upon completion of the swearing-in of the President-elect, the deputy President-elect, William Ruto will be sworn into office by Chief-Justice Dr. Willy Mutunga by taking and subscribing to the oath or affirmation of allegiance and oath or affirmation for the execution of the functions of office in accordance with Article 148 of the Constitution. After swearing has been dispensed with, Ruto will then be required to call on Kibaki to give his exit speech. Thereafter, Kibaki will invite President Uhuru to deliver his inaugural speech to the nation which will likely set out his agenda for the next five years. Twaisubiri speechi hii kwa hamu na ghamu kufahamu yaliyomo.
After the swearing-in, Kibaki’s white presidential flag will be lowered as Uhuru’s navy blue one hoisted. The National Anthem will then be played to pave the way for a change of the standard, which is to be displayed alongside the national flag whenever Uhuru is on official assignment. The flags also flying on Kibaki’s limousine pendants will be folded up.
Kibaki will then (I assume) rush to State House to welcome the new occupant Uhuru before he is driven to either Muthaiga or some place he may decide as a citizen of this country. (Those who were around in 2002 may wish to replay the scene where Moi boarded the chopper to take him to Kabarak in the presence of weeping Hon. Zipporah Kittony and Dr. Sally Kosgei). I do not think any tears will be shed this time round.
What I have written may turn out to be true, or may not be adhered to in the order set out, but this is my opinion.
DO NOT LOSE YOUR HEAD.
“One way of life is based upon the will of the majority, and is distinguished by free institutions, representative government, free elections, guarantees of individual liberty, freedom of speech and religion, and freedom from political oppression.
The second way of life is based upon the will of a minority forcibly imposed upon the majority. It relies upon terror and oppression, a controlled press and radio; fixed elections, and the suppression of personal freedoms.” Harry S. Truman.
Some scenes are rarely forgotten due to what they symbolize. A good example would be what is reflected at the end of contest – either sports or political. For a sportsperson, a win puts one among the mythical Greek gods, while a loss brings about a feeling of inadequacy. The sad thing with politics is that in most contests, the person who bags the number two slot is deemed henceforth irrelevant, a footnote in a book while the winner takes the honour of gracing the book and having the title of the book for him/herself. In 2002, Moi’s firm grip at State House Nairobi had to let go so that Mwai Kibaki would occupy the pinnacle of Kenya’s political structure. The image of Dr. Sally Kosgei the then Head of Civil Service and Secretary to the cabinet braking down and sobbing uncontrollably as Moi boarded the military chopper that took him to Kabarak will remain etched in our national memory. At that moment, the stark reality had sunk in; that she would have to sit back and watch others lead the nation which she had had at her beck and call.
Al Gore, John Kerry, John McCain and lately Mitt Romney have suffered the fate of being number two in a political contest. In 1992, Kenneth Matiba thought that he had State House for his occupying only for fate to pull a fast one on him, in 2007; all indications were that Raila Odinga would be Mwai Kibaki’s successor at State House Nairobi only for some dark forces to snatch the victory through a razor-thin margin as per Kivuitu from him. But what sets Raila apart from the rest of the above-mentioned men is that he never gave up; he gallantly rose up and dusted to fight another day –or year- squaring it out with Uhuru Kenyatta in the just concluded General Elections. Most pundits opined that this was Raila’s race to lose considering that his key opponent Uhuru was bogged down by the ICC scandal and the threats of sanctions from some nations to rethink their relationships with Kenya in the event Uhuru won. This confidence minus clear focus and real determination may be said to have been a factor to his coming a shock second to the Uhuru-Ruto alliance.
I had decided not to vote for any person who joined the Coalition government but through advice and campaigning by my friends, I decided to deny Mwalimu Mohammed Abduda Dida the chance to govern Kenya but gave to a different farasi. Although I have already congratulated Kenyans for a peaceful and credible election and wished team Uhuruto success, I am not afraid of saying that I will demand educational and economic opportunities and services from Uhuruto government despite the fact that I didn’t vote for them. For me, it was a win-win situation, whether Raila or Uhuru, I expected them to deliver on their promises and manifestos. But the most surprising and depressing thing has been bearing with the rants and name calling from my friends about why “my people” are so unredeemably stupid to an extent of having denied Jakom the numbers to enable him get a pass to state house. Why my people had to be the ones to decide the winner, I do not know. Let it be known, from the manner I have grown up, It will be impossible for me to sieve out “my people” from the Kikuyu’s, Kalenjins, Luos, Luhyas, Mijikendas, Somalis, and numerous others who have had a hand in bringing me up and making me who I am today. I grew up in such a manner that I would not have gotten anywhere had it not been for the input of those who are now being called “hao” (them).
The election put the hate wheels in motion. Why a friend would be angry that Jakom was not the one handed the presidential certificate by Issack Hassan defies logic. There is no empirical proof that those people who will gain more from the Uhuruto government will not be Kalenjins or Kikuyus, but those who are near the inner sanctum of power the Onyango Oloo’s, the Nancy Gitau’s, the Johson Sakaja’s, the Alfred Getonga’s, the George Muhoho’s , the Njee Muturi’s, the Jomo Gecaga’s, the Dennis Itumbi’s, the Isaac Maiyo’s and not some Rono’s or Kamau’s. We must separate real power from perceived power. So the anger bein felt by my friends in Kibera, Riruta, Kawangware, Kapsoya, Kondele and other places is misplaced. We must make it plain and clear that Uhuru and Ruto do not exist to help their tribes – if they do, it will just happen that they are their buddies who happen to be from their tribes – not some nondescript tribesmen whose only affiliation with them is the common tribe. If you want to know that tribal omenas mean nothing to the elites, just look at how seamless James Orengo the lofty guerilla fighter is working hand in glove with the custodian of the devil’s keys Mutula Kilonzo. Reason; they have common interests. When you see them surrounding Raila, it is not because they want to help him uplift the Kenyan people, they are raking in fortunes and defending their forte and ill-gotten wealth.
Therefore, dear fellow Kenyans, we are currently in a storm aboard a very rickety economic boat, it will need our resourcefulness to bring this boat out of this perilous tide. When fingers are disjointed, their impact is rarely felt, but when you bring them together, they become a force. Let our diversity be the source for our unity and not discord. Raila Odinga yesterday visited Kibera in the company of Coalition for Reform and Democracy’s (CORD) fire-breathing bigwigs like Budalangi MP-elect Ababu Namwamba, and Senators-elect Anyang’ Nyong’o (Kisumu) and Johnstone Muthama (Machakos).and exuding confidence told those in attendance that he would emerge victorious when the court renders its verdict on their petition against Independent Electoral and Boundary Commission (IEBC) pegged on Article 140 of our constitution. Irrespective of what the Supreme Court of Kenya will rule in respect of the presidential election contest, let us also take care of our affairs as people who share common everyday struggles and challenges and live on hope instead of expending our energies bringing down Luos, Kikuyus, Kalenjins, Kisiis or any other people because they didn’t vote for our candidate or for us. In the long run, if this stupidity prevails, we will only have ourselves to blame if we find that we are unable to pay our bills as a result of the time wasted on ranting and hating. 
UHURUMWINYI 