Amid questions as to whether or not Kenya was ready for the 2010 Constitution, the lately witnessed law-based wrangles are now threatening to plunge the country into constitutional crisis
Beginning with the now stale IEBC controversy, the government and the opposition are seemingly very far from striking a deal.
Raila and his team are opposed to having parliament discuss the issue as they want it sorted through dialogue.
However, president Uhuru Kenyatta and the entire Jubilee team insist that dialogue will only happen in the walls of parliament as stipulated in the constitution.
On the other side stands a firm IEBC chairman. His name is Isaac Hassan. Hassan argues that his team is constitutionally and legally in office and will only vacate upon the expiry of their term. Key words here are ‘constitutionally’ and ‘legally’. But let us move on.
County governments have for long featured in wrangles with the national government over devolved services and concerned fund remittance. Health services were constitutionally devolved and yet medical practitioners say such vital services ought to be reverted back to the national government.
They have their reasons, which are very sound. And the governors too have their reasons. Which are? The constitution.
Also, the sustained supremacy battles between senators and members of parliament are another indicator that the country is headed for a God-knows-what thing.
If the constitution was something respected and upheld by everyone on the Kenyan soil, such wrangles, disagreements and power struggles would be things of the past.
But they are not things of the past and neither are they going to be things of the past any time soon. This is because other graver crises have arisen and complicated matters.
Now the Judiciary, the very organ expected to have the best interpretation of the law, is divided over the same constitution. Remember that on matters law, these are the fathers and mothers and Kenyans come as very vulnerable children.
But they are in disagreement and it would be interesting to listen to their sides of the story.
Judges Tunoi and Kalpana Rawal are involved in a heated tussle with Mutunga over their retirement age that is constitutionally determined and fixed at age of 70.
In the confusion, a ruling in a mid-level court is revoked by a one-man bench at the higher level, causing discontent and mistrust in the country's judicial systems. Where we are going, only you can guess.
Anyone who therefore tells me that Kenya’s constitutional journey is headed to a safe haven will need a lot to convince me. Where we are headed to, in black and white, is a constitutional crisis.