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4 December 2017 | Special Report

State Of The Nation In Kenya 2017-2018: Philosopher Dr. Swa; “Constitutional Modern Presidential Elections Theory”

Philosopher Dr. Odhiambo Swa Makaduol
State Of The Nation In Kenya 2017-2018: Philosopher Dr. Swa; “Constitutional Modern Presidential Elections Theory”

State Of The Nation In Kenya 2017-2018: Philosopher Dr. Swa; “Constitutional Modern Presidential Elections Theory”

REF: TO ALL PATRIOTIC CITIZENS, STATE AUTHORITIES, MPs, SENATORS, MCAs, PROFESSIONAL BODIES, ACADEMICS, FBOs, CSOs, MEDIA HOUSES, POLITICAL PARTIES, INTERNATIONAL AGENCIES AND REPRESENTATIVES. (THE KENYAN CITIZEN CONSTITUTIONAL REFORM AGENDA 2018)

CONCEPT: UNEARTHING A NEW DAWN TO POLITICAL STAND-OFF IN PRESIDENTIAL ELECTIONS IN KENYA (AFRICA).

AIM/OBJECTIVE: CONSTITUTIONAL AMENDMENT 2018; “A DEMOCRATIC PRESIDENTIAL OXYGENERAL ELECTIONS PRINCIPLE.”

COUNTING VOICES OF THE PEOPLE: “PRESIDENTIAL ELECTIONS WE WANT.”

Constitutional Presidential Elections Minimum Standards Reform in Kenya

The most urgent salvaging concise to Kenya’s most common chronic problem to presidential elections likely to tear asunder the beloved nation of Kenya is the contemporary call for the constitutional reforms to be upheld by all patriotic citizens of this nation as hereunder;

  1. i) The proposed constitutional amendment will require the sitting president seeking re-election in the office to resign from the office and state house when parliament is closed, to pave way for a level playground for presidential campaigns and elections to all presidential candidates free from the traditional state authority abuse commonly experienced from the sitting presidents in Kenya.

ii) The sitting president not seeking re-election will not be required to resign.

  1. Once the sitting president resigns;
  1. The state function will be taken over by the judicial president i.e. the Chief Justice, as the acting president as provided by the constitution.
  2. The Chief Justice shall hand-over power to president elect at the swearing in within the constitutional time frame.
  3. The acting president will operate within the constitutional threshold.
  4. He/she shall not support/fund/favour biasedly any candidate.
  1. If the acting president refuses to hand-over power to president elect unconstitutionally;
  1. He/she shall be charged with treason.
  2. He/she shall be convicted to life imprisonment if found guilty.
  3. All his/her benefits shall be forfeited
  4. Freeze all his/her bank accounts by the state or vide private action.

Future Presidential Elections Process Harmonization

Q: is the formation of a Coalition Government or Government of National Unity as a remedy to presidential elections disputes ever a good undertaking by the political class?

Ans: Yes
Q: Is it an absolute cohesive grand solution to presidential elections disputes?

Ans: No
As regards to the above two questionnaires and answers, I wish to register my humble quencher to ask every good citizen, concerned person, and keen observers with mankind, to assume having no presidential contender in mind and take a pause and look at it beyond the time of Uhuru Kenyatta and Raila Odinga political reign and forget about the story of anybody coming into power, and measure the abundant importance of the proposed constitutional amendment for the long-term making of a better future of this nation and any country to follow suit.

I wish not to hear any patriotic citizen linking this process with the present presidential contenders for all of us will in the open circumstances lose positive insight to diagnose and nurse the political burning wounds facing Kenya today.

I still urge every concerned person, never link this process with any current presidential hopeful for you to see this reasoning adequately for the better future Kenya. Look at the proposal and its supportive grounds with open mind and assume you don’t see Uhuru Kenyatta, Raila Odinga, William Rutto, Kalonzo Musyoka, Musalia Mudavadi and Moses Wetangula or any other candidate in the presidential race and or you don’t picture yourself in the process as a Kikuyu, Luo, Kalenjin, Luhya, Kamba or any other tribe, but as an independent minded Kenyan Citizen who loves his/her country in everything to happen in the country to remain a builder and defender of patriotism and that is called a True Naturalist or Oxygeneral Reform. Remain and be like a giraffe and see beyond your tribal-line and the head-point of these astute personalities mentioned above as they have included themselves in the process mutually. Thus, never be a defeatist nor a diehard citizen to salvage Kenya from continuous political mess encountered in every electioneering period.

Contemplating Chronic Presidential Fallacy Cure in Kenya

Consequently, the evolution of the constitutional threshold fundamental principles of upholding the constitutional presidential fair elections in the terms of Democratic Presidental Oxygeneral Elections is the supreme statehood and nationhood demarcation for the future of Kenya accrued from natural justice and defender of patriotism and constitutionalism by the executive. It stands extra miles away in the present world of executive power genocide elections experienced all over the world much so in Kenya and African countries as the dominant remedial constitutional precedent to the most common presidential elections, historical injustices, fraud and commanded corruptions in every presidential elections over the past years. It is a fundamental key backup to the experience of natural justice and democratic fairness in all presidential elections by all candidates to breathe an equally clean quantity of the same oxygen in their campaigns, election conducts, and decision making processes unlike the incumbent presidential elections commonly held in Kenya and in the rest of African countries.

Consistent with the current applicable constitution, the Democratic Presidential Oxygeneral Elections principle will out rightly reduce or eliminate future presidential elections petitions, fears, chaos and nationhood divisive corruption, fraud and irregularities associated to electioneering dispensations where all stakeholders freely participate and concede on decision-making consequential to statehood.

What is most remarkable about the achievement is the basis of equally likely level playing ground and consent on which this fundamental constitutionalism rests. The Democratic Presidential Oxygeneral Elections clause has compulsory powers. Its method of work is aptly described in the constitution of Kenya by the naturally mooted bills of rights as being that of continuous and concerted constitutional and nationhood effort in which all the presidential candidates in a political general or by-election, enjoying equal status as holding no government post to influence or corrupt the process, join with them free campaigns, discussion and democratic election with a view to promoting patriotism, nationalism, statehood and constitutionalism of the common welfare of the state. The clause binds all political candidates in the electioneering contest with free hands. It is a clause of standards, evolved by the will and the hearts of the natural justice for a strong constitutional substantial nationhood.

Constitutional Naturality –vs- Autocracy

Fundamentally, all human beings are regarded as the most social animals which live and co-exist at per social and natural justice neighborhood. All that they do and plan to do are all measurable to fairness and justifiable by a democratic constitution.

When can a constitution be held a natural constitution? This is the most critically technical question. But then, let us go back to history. From the ancient times of the Athens to the stone age in Africa, contemporary leadership appointment or anointments were determined by the source and magnitude of wealth, power and wisdom a person was wielding towards social and natural collateral in his life. The process was wholesome socially and naturally guided all times. Remember by then there was no written constitution by the whole society was guided by inherently principle called the Natural Constitution arose from inherent fundamental principles of natural and social justice which bound the citizenship of all traditions from one society to the other all over the world. This was the natural era when people never lived under the fear of autocratic regimes. Leaders were guided by the natural universal spirit which used to cause item undergoing lot of consultations at times of victories and calamities. During this era of Natural Constitutionality, leaders mostly feared God and were divinely wise to rule and explore good governance. This was one symbol of upholding the Natural Constitutionalism.

When did rain start beating us in a wrong corner of state leadership? Everyone ought to take a pause to grasp a universal answer to this question. Go back to the prime time of B.C. (Before Christ). This was the time when the sons of Jacob broke into tribal welfare which was the genesis of the written constitution to protect their interest over other brothers and tribes. The brain of man got confused and autocratic power came into being mostly with people wielding executive power all over the world. We must dig deep in our search for excellent governance and leadership to understand the whole process. And we must be too honest in our search. Honestly this will grind general elections related to presidential election chaos, fear, genocide and rigging to immeasurable fortune of the nation stability. Our pursuit for free and fair presidential democratic elections should not be at the expense of humanity rather should be more humane as we scale up the ladder of a free and fair presidential elections today in Kenya, Africa and the rest of the world. In this way everyone emphasizes lesson learnt on principles of social and natural justice, unity, patience, patriotism, constitutionalism and wisdom against the ruthless political chest-thumping competition, war mongering and autocracy against proliferation of great ideas and political policies. However, every citizen must be vigilant on the upcoming risk of presidential elections likely to burn and torn asunder the future of our countries in Africa, Kenya being the reliable country and other countries all over the world.

Presidential 0xygeneral Elections Principle
Entrenching a Democratic Presidential Oxygeneral Elections principle in our constitution would definitely change the status quo in Kenya and many African countries engulfed with autocratic regimes and will make lives of the common citizen matter. One of the biggest leadership danger this days is “between vision and execution”. Leaders have vision but never execute. Thus, vision does not drive execution. It is a pity leaders are totally faulty today. Know how to inspire people, motivate people, and unite people as a nation. These are just some of few contemporary fundamental principles of a motivating Democratic Presidential Oxygeneral Elections phenomenon.

Sir James Madison once argued during the American Constitutional Convention in Philadelphia that if you want to know the true colour, character, and quality of a leader, just test him/her with power. You will find some are accountable, honest and transparent, while others are extremely autocratic, brutal and dictatorial. In other words, never trust a person with power. Design and Monitor that power with measurable constitutional tool to keep it balancing with human high expectations and the terms and conditions to serve the citizen at all times.

It simply means constitution is the living part of the human being. It is our life. It forms parts of our lives. It lives with us. It derives and measures our daily lives. It is natural. Constitution is not circumstantial nor situational to our lives.

Fundamentally, constitution begets nature in power that the clear conceptual reasoning of the making of power in leadership shall always goes in connotation with nature. So anything contrary to nature on the desire of the citizens is often unpredictable to human rights. For example, extreme power works in arbitrary to this conceptual reasoning of holding a Democratic Presidential Oxygeneral Election which will quantify the successes of the future of a nation and the lives of her citizens.

Legal Supremacy of the Principle
As the standards set out in legal construction by Professor Howfield in “Legal Conceptual Reasoning” justifies this new principle in shaping up the legal threshold in the future presidential elections in the new digital world order today.

In essence, the principle is literally;

  1. Constitutional,
  2. Jurisprudential,
  3. Justifiable,
  4. Equitable,
  5. Law backing,
  6. Sacrificial,
  7. Humanocratic,
  8. Anti-power corrupts,
  9. Human Rights lnclusivity, and
  10. Ensure Humility is respected, recognized and upheld in leadership at all levels.

Motivating Constitutional Amendment on Presidential Elections

This clause once incorporated and adapted will give the Kenya constitution one of natural enumerated powers that leadership and governance may be naturalized subject to contemporary natural equality enshrined to the conduct of the holding a Democratic Presidential Oxygeneral Elections in the country. The constitution shall contemplate the office of the president and his election, natural statehood”, being the supreme example of the constitution of the land, but earlier, natural law or some derivative concepts of social and natural justice took the part of the kind in the ancient tradition. Hence the purpose of this discourse-which is to demonstrate how very large a Democratic Presidential Oxygenated Election once adapted in the constitution will always naturally dispense naturality in the person of a presidential candidate of a statehood officer to make the process inspiring, motivating and inclusive and to owe the whole process inspiring, motivating and inclusive, and owe the whole process to natural law genesis of the past.

So far I wish to quote a few passage from the 13th edition: “Elements of Jurisprudence”;

Notably, Aristotle fully recognizes the existence of a natural equality as well as a legal justice. He mentions as an ordinary devices of rhetoric the distinction which may be drawn between the written law and the common law which is in accordance with nature and immutable.

The Stoics were in the habit of identifying nature with law and human character in higher sense, and of opposing both of these terms to law which is such by mere human appointment to an office similar to the traditional presidential election in Kenya and other countries all over the world precipitating bad regime elections. “Justice” be it social and natural, they say,” is by nature and not by imposition.” ”It proceeds from Zeus and the common nature”, which call for a common level playground for all presidential candidates to breathe the equally clean oxygen to campaigns and elections conduct at all levels.

The same view finds expression in the Roman Lawyers. “Law,” says Cicero, “is the highest reason, implanted in nature, which commands those things which ought to be done and prohibit the reverse”, “The highest law was born in all the ages before any law was written or state was formed.” We are by nature inclined to recognize, respect and love mankind, which is the foundation of the law” so is in leadership.

St. Thomas Aquinas:-“participatio legis aeternae in rationali creatura ex naturalis dicitur. ”

Grotius:-“Jus naturale est dictatum rectae rationis.”

However, for the purposes it is not essential to choose nicely among these definitions of what Cicero and St. Thomas call lex naturalis and Grotius term, Jus naturale. We as natural citizens of kenya, we are concerned mainly with certain juristic connotations of the concept: firstly, that naturality leadership delivered from natural law as enshrined in the constitution to recognize, respect , promote and protect human rights and democracy is entitled by its intrinsic excellence to prevail over any law and mischief against any form of human rights which rest solely on human authority to dictate the state power; second, that Natural principles may be appealed to by human beings or citizens against injustices sanctioned by human authorities in the state corridor.

In the famous passage in the rhetoric, Aristotle advised advocates that when they had “no case according to the law of the land,” they should “appeal to the law of nature,” and, quoting from Antigone to Sophocles, argued that “an unjust law is no law.” Thus, an unjust state authority is no authority.

What is more, popular sovereignty in the constitutional principles is itself a derivative from the natural rules postulate, being neither more or less than a sort of ad-hoc consolidation of the natural right of human beings who the main subject to the constitutional dispensation to choose their own governing institutions on equally a level ground positions of all candidates.

Natural doctrines have helped fill successfully autocratic gaps in most of the written constitutions of the superpower nations in the world. This is mostly experienced in the bills of rights; a good example is the rights to presidential elections as observed in the case of the call of a constitutional review in Kenya today.

Quantitative Merital Impact
If the review is adapted in the constitution as called for, it will have the following universal reliefs to the citizen and the nation all together:

  1. It will ensure checks and balances to manage state of the nation of credible election processes of inclusivity, stability and sustainability for national peace, unity and development to be experienced all over the country.
  2. It will reduce the dumping of the some of the brilliant party ideas and campaign policies as the tradition in Kenya.
  3. It will incorporate an inclusive electoral process to reduce high chances of the commonly experienced electoral abnormalities and irregularities.
  4. It will reduce some of the unnecessary repeat polls taking away lots of tax payers’ money.
  5. It will reduce formation of coalition governments.
  6. It will help check and control election malpractices which are very common in Kenya in every electioneering period.
  7. It will strengthen the integral part of the electoral institution.
  8. It will reduce high chances of the traditional doctrine of power corrupts as experienced in all presidential elections in Kenya and African countries.

Conclusion
We have learnt from this philosophy that leadership is all about giving back to the community by our leaders. Leaders are not our bosses. We are their bosses as the citizens. 0ur lives walk with them, live with them, eat with them, sleep with them and pray with them at all times. When they do good to the citizens and meet their aspirations and expectations, they do for their own good and the goodness of the future of their families.

And when we talk about giving back to the society we simply mean women, children, the aged, the needy and service to justify humanity. Leadership is God given not an imposition as the tradition today. Women, children, the old aged and the poor need peace and not wars of political power hungry as experienced mostly in Kenya and the rest of African countries. That is to mean no presidential election should cause political animosities, police or military brutality and tribal/racial division at all. Holding a Democratic Presidential 0xygeneral Elections is the long-term solution to Kenya and African countries.

Personal Details
Philosopher Dr. Odhiambo Swa Makaduol : BSc.Sociology-Atlantic International University; MBA Student Scholar- Unicaf University; Honorary Doctorate Degree-Religion Studies-USA, Dip. Law-ICM

Business Consultant,
Jomscama Investments Group Ltd, Nacha plaza, Nakuru town.

Coordinator,
LUCODE Society Worldwide.

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