In their 2010 Constitution, Kenyans went into great lengths to itemise the qualities they demanded from public servants, with more emphasis on State Officers. Whereas public servants (civil servants) comprise of all that are appointed by the Public Service Commission at the national level and County Public Service Boards at the county level, State Officers are senior public officials holding offices such as those of the president, cabinet secretaries, governors, judges, and all elected leaders. Beyond the qualities, Kenyans also erected guard rails within which public servants, writ large state officers, are expected to conduct themselves and operate within.
In Article 73 of the Katiba (Leadership and Integrity chapter) , Kenyans provided that the authority of any State Officer is a public trust (belongs to, is given by, is exercised according to, and for the benefit of the public) which must be used in a way that shows that the official respects Kenyans, honours Kenya, dignifies the position and “promotes public confidence in the integrity of the office” – to mean that the office-holder must conduct herself in a way that guarantees Kenyans that the functions and expected purposes of the big cheo shall be optimally delivered.
To emphasize this, Kenyans further prescribed that state officers are not rulers but servants (Article 73 (b)), and they must conduct themselves at all times, whether “in private life (emphasis mine), or in association with other persons, in a manner that avoids—(a) any conflict between personal interests and public or official duties; and …(c) demeaning the office the officer holds” (Article 75).
Talking of state officers and the broader constitutional design, it logically follows that Kenyans require from the President the greatest display of eminence of the above prescriptions. And for good reason.
The Office of the President is given the highest political responsibility, so as to ensure that the state and nation deliver as expected.
This stems from the President being both the head of state and nation, the symbol (exemplar) of national unity, who must also respect, safeguard, and uphold the Constitution. The office-holder has no choice or discretion (sio tafadhali) about following these terms, hence the consequence of breaching them, invites impeachment (Article 145).
Additionally, and in the context of freedom of expression, and as per the Supreme Court’s observations in the Building Bridges Initiative judgment in 2022, inasmuch a Kenyan, the President’s enjoyment of rights is circumscribed by the nature of the office.
Beyond the katiba and other laws that regulate public and state officials (e.g. Public Officers Ethics Act, National Cohesion and Integration Act, Ethics and Anti-Corruption Commission Act), broader social and cultural boundaries guide how leaders and elders should behave.
In African culture, elders and leaders are held in high esteem, and it is imperative that they uphold and reflect the same. Logorrhoea (verbal diarrhoea) is anathema to leadership in the African set up, because words leverage wisdom, direction, and fate.
Political leaders are also parents and grand-parents. What example are they showing to children? When it comes to religion, like clout chasing Pharisees, our political leaders hyper-performatively posture themselves as the staunchest of Christians and Muslims.
With the biggest of bibles, whitest of kanzus and most flamboyant of turbans and headscarves, they ensure that at any given opportunity, wananchi get to see and confirm that they are the holiest waumini in their religions and places of worship.
However, their conduct and utterances reveal the opposite. The bible guides Christians to tame their tongues. In James 1:26 it states that “if anyone thinks he is religious and does not bridle his tongue but deceives his heart, this person’s religion is worthless.” Controlling one’s utterances is also required of Muslims. The Prophet Mohammed (pbuh) also taught Muslims to restrain their tongues.
It is against the above framing, that the recent public muchongoano (trolling) amongst the top political leadership in Kenya, no less the President and former Deputy President, has invited public attention and angst, not so much because this is a novelty (the loose tongue is sadly a valuable feature and not a glitch in Kenya’s politics), but more because of those involved (elders, leaders, born-again Christians), arrant pettiness (pre-school playground body-shaming antics), and cringing accusations, that demean Kenyans and their constitutional order.
It is further profound because the same leadership is on record either pointing fingers at what they deemed to be excesses in public expressions, especially by the youth, while posing as alternatives, whereas they hypocritically conduct themselves. Kenyans, children and youth especially, deserve much better.