“Dear Ezra Chiloba, When Baba Says Go, You Will Go” -Lawyer Donald Kipkorir Letter

By Donald Kipkorir

Dear Dr. Ezra Chiloba, When Baba Says Go, You Will Go

Prof. JB Ojwang, Justice of the Supreme Court, taught me Constitutional Law at the University of Nairobi, and one of his pet topics was Extra-Constitutional Power. He taught me that power was not derived from the Constitution only; that other persons with charisma derived theirs outside it. You may hate it or disbelief it, but it is undeniable that Baba is the most charismatic leader alive in Kenya (DP is close second). Charisma originates from the Greek word, Khàrisma… gift of grace .. Max Weber, the German Polymath said that Charisma rests on true devotion of the person’s followers. Baba derives his power outside the Constitution.

Many times, Baba has said so and so MUST GO, including my Nation’s first leader, President Daniel Arap Moi. When he told Issack Hassan, then IEBC Chairman, to go, I advised him to go and he refused. But finally, he left.

The Constitution is very clear: it creates the offices of the IEBC Chairman in particular & the Commissioners generally. The Constitution gives powers to the Commission to conduct Elections. The Secretariat which you head isn’t a creature of the Constitution. You and your officers don’t have security of tenure. Your employment is subject to The Employment Act. The Chairman has all right to dismiss or suspend you. For now, you may countermand the Chairman orders. But your disobedience of the Chairman is self-serving and short-lived. No other employer will trust you.

But as for Baba’s demand that you go, you must go. You may delay. You may prevaricate. But as sure as the sun sets, you will go. So, don’t scuttle the Elections of October 17. The Presidential Fresh Elections between Baba and Uhuru Kenyatta will be held when you are gone. Be an honourable man and GO! You will thank me in future.



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