The political theatrics presaging the 2027 general election have been with us for over a year. The two factions are clear - either you support the reelection of President William Ruto and his government (so-called ‘tutam’ campaigns) or you oppose the reelection of Ruto and his government (so-called ‘wantam’ campaigns).
Seemingly, the whistle has been blown by both sides to join a side, a year ahead of Kenyans’ date with destiny on Tuesday, August 10, 2027.
However, whereas Article 33 provides and guarantees that every person has the freedom of expression, some people are going beyond the limitations and exceptions set out in that Article, which are: “…propaganda for war; incitement to violence; hate speech; advocacy for hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm, or is based on any grounds of discrimination specified or contemplated in Article 2(4)…[which are]…any law, including customary law, that is inconsistent with this Constitution…” Need we elaborate? I guess not.
Now, factually the constitution does envisage both ‘wantam’ and ‘tutam’ but does not guarantee any person serving or occupying the Office of the President any favours, rights, privileges or exclusivity to either ‘wantam’ or ‘tutam’.
Even quarter-term, half-term and anything in-between the five-year term provided in Article 146(1) can occur whenever there is a vacancy in the presidency.
This can happen on three grounds: death in office, resignation from office (by writing to the Speaker of the National Assembly) or through impeachment on the grounds provided or contemplated under Articles 144 and 145. So, ‘wantam’ and ‘tutam’ hardcore supporters, I hope we are together up to this point.
President subject to constitution
Simply put, the occupant of the Office of the President is subject to the constitution, which is the supreme law. Put more directly, Article 142(1) provides that:
“The President shall hold office for a term beginning on the date on which the President is sworn in, and ending when the person next elected as President/is sworn in or when the next person is elected as President.”
That person is called president-elect before being sworn-in. And to clarify, Article 142(2) reads: “A person shall not hold office as president for more than two terms.”
This is as simple as it gets. There is no ‘wantam’ or ‘tutam’ to begin with or exclusively reserved or guaranteed in the constitution, since the President, and this case Ruto, has no ‘tutam’ or ‘wantam’.
That’s because other circumstances could intervene between today, Friday, August 7, and Tuesday, August 10, 2027, that would mean his absence from the ballot! That is, the three envisaged by the constitution: death in office, resignation from office, or impeachment.
Further, there are guarantees that if there is vacancy in the presidency, the constitution is very crystal clear. If all goes well and none of the above three happens, any person serves for a full five-year term.
The envisaged vacancy first, is that the term of office will expire when we hold the next general election, and a new person is elected to that office. Article 136(2) (a) reads: “An election of the President shall be held.., on the same day as a general election for the Members of Parliament, being the second Tuesday in August in every fifth year, or in circumstances contemplated in Article 146.” This is the Article we shall rely on, in case a vacancy of the office of the President occurs.
Decisive general election
Therefore, ‘wantam’ (first-term) or ‘tutam’ (second-term) will be determined in this upcoming general election. Not on the streets, public grounds, faith-based meetings or events, harambees or so-called ‘empowerment forums’, in bars and/or restaurants, social halls or other spaces including media platforms, etc.
However, those shouting ‘wantam’ or ‘tutam’ have every right to campaign for their political side, but they have to observe the limitations set out in Article 33, as shown above.
The freedom of expressing ‘wantam’ or ‘tutam’, is a constitutionally guaranteed right, not a privilege to be accorded by any state organ [e.g., policing and security agencies (hooded or not), state institutions, politicians, etc.] to determine, so long as the limitations are strictly observed and scrupulously not exceeded.
In Article 33(1), the constitution cites this right to include: “(a) freedom to seek, receive and impart information or ideas; (b) freedom for artistic creativity; and, (c) academic freedom and freedom of scientific research.”
So long as either ‘wantam’ or ‘tutam’ sides strictly express themselves within these three strict lanes, without overtaking, then Kenya will be on the right trajectory towards building our democracy.
Concluding remarks
It is our hope that these final concluding submissions will be understood by both ‘wantam’ and ‘tutam’ campaigners and sympathisers. First, the current President was elected for a term not beyond the date on which he was sworn in, on Tuesday, September 13, 2022.
Second, between today, Friday, August 7, and Tuesday, August 10, 2027, let us keep hope alive: that none of the three other circumstances that can cause the vacancy in the Office of the President, will occur.
Third, those persons (both ‘natural’ and ‘juristic’) arguing that those in the ‘wantam’ or ‘tutam’ political side will be punished, arrested, or vilified, must desist from making inflammatory statements and indicating such direction towards the same, by their actions.
Fourth, ‘wantam’ or ‘tutam’ cannot be criminalised by any law, including the Penal Code. That is, by belonging and expressing oneself on either side is not a criminal offence punishable by law, which is outrightly unconstitutional, ab initio.
Finally, the sovereign power of the Republic of Kenya belongs to the people, and hence the registered voters in the Verified Voters’ Register, as expected in May 2027, will determine whether President Ruto gets another (and final) term), or another person is elected to hold the office, and once the president-elect is known, the structures and systems of our democratic and progressive constitution will take effect.
Fellow Kenyans, let me conclude with a parable to all of us (whether ‘wantam’ or ‘tutam’), since we appear to be bamboozled adherents and electrified elements. The 2027 election will come, pass by and blow away like the wind.
Please stop chasing the wind. Chasing the wind is a waste of your time: since you do not see it, you cannot touch it, you cannot smell it and, you do not have an idea, in which direction the wind will turn next.
And if the wind turns backwards towards you, then you will be carried by the wind and blown away to an unknown destination. Figure out what the wind is.
The writer is apolitical scientist and human rights defender
