Let’s End Presidential Mchongoano

Let’s End Presidential Mchongoano

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. 

Bobby Mkangi
Bobby Mkangi served as a Commissioner in the nine-member Committee of Experts for Constitutional Review (CoE) in Kenya that delivered the Constitution of Kenya, 2010 (CoK-2010). In that process Mkangi convened and chaired the human rights, and civic education and public engagement sub-committees of the CoE. Thereafter, Mkangi worked on various transitional justice constitution-making processes in Tanzania, Zimbabwe, Sierra Leone, South Sudan and The Gambia. In 2012, Mkangi spoke at Tokyo’s Toyo University on Constitutions as Platforms of Change in Africa: The Kenyan Case, and is concluding a semi-autobiographical book, provisionally entitled It Was Written: Personal Reflections on Constitution Making Process in Kenya. A children rights advocate, Mkangi participated in an Experts’ Meeting convened by the Special Representative of the UN Secretary General on Violence against Children and the Office of the UN Commissioner on Human Rights (OCHR) on Legal Framework for the Prohibition, Elimination and Response to Violence against Children in Geneva, Switzerland in 2012. On the same issue, Mkangi has finalised two manuscripts provisionally titled The Legal Framework for Child Protection in Kenya and The Anatomy of Child Sexual Abuse: Kenya’s Silent Monster. Mkangi is affiliated to the African Network for Constitutional Lawyers (ANCL) and serve in various boards including the National Democratic Institute (NDI)/Kenya Board (Secretary), the Kampala based Eastern Africa Centre for Constitutional Development (Kituo Cha Katiba -KcK) in which he chairs the board, and Moyo Children’s Centre (MCC) where he sits as Chairperson. Mkangi previously served in the board of the African Network for Prevention and Protection Against Child Abuse and Neglect (ANPPCAN) – Kenya Chapter as Treasurer. In 2010, Mkangi was awarded the Member of the Order of the Burning Spear (MBS) by the President of The Republic of Kenya for exemplary service during Kenya’s constitution-making process. In similar context, Mkangi was awarded the Shujaa Wetu (our hero) Award by the National Council For Community Based Organisations. In 2004, he was awarded Honorary Membership (2004-2006) by the International Society for the Protection against Child Abuse and Neglect (ISPCAN). Mkangi works as an independent legal consultant, and lives in Nairobi, Kenya.

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