This column is dedicated to the memory of Dekha Ibrahim, who passed away on July 14 due to injuries sustained a week earlier as a result of a car accident in Garissa, in which her husband and driver were also killed. Dekha Ibrahim was one of the unsung heroines of Kenya — having worked for many years as a peacebuilder in northern Kenya.

Most Kenyans will also remember her playing a leadership role—together with Bethwell Kiplagat and General Lazarus Sumbeiywo — in Concerned Citizens for Peace. CCP was one of several coalitions that arose to address the violence that followed the announcement of the disputed presidential results from the general election of 2007. CCP began the behind-the-scenes diplomacy between the Party of National Unity and the Orange Democratic Movement, urging both to reach a political settlement through the acceptance of regional mediation efforts.

As we all know, the regional mediation effort finally agreed upon based its agenda on the demands of the Kenyan people and received full support from the rest of the international community. A political settlement was reached, leading to the formation of the Grand Coalition Government. And, with respect to the elections, the Independent Review of the Election Commission was set up — which made far-reaching recommendations on electoral reform. Those recommendations received, finally, constitutional backing as a result of last August’s referendum.

And here we are — having just received a warning from the Ministry of Justice, National Cohesion and Constitutional Affairs about the constitutional crisis we may find ourselves in should the National Assembly not pull itself together and pass the legislation due by the first anniversary of our new Constitution’s promulgation. Several pieces of legislation due have to do with consolidating electoral reforms.

But, being Kenyans — for whom no potential for fractiousness is apparently possible to ignore — before those pieces of legislation have even been tabled, we are in conflict and dispute. On the not-so-quiet, our politicians are already in campaign mode. Parties to the Grand Coalition have always pulled in different directions. PNU wants this and ODM wants that. PNU and ODM themselves are pulling in different directions internally, with factions crossing the coalition divide with almost reckless abandon — while insisting on retaining their parliamentary and, in some instances, ministerial seats. And ordinary card-carrying members of political parties within PNU and ODM are equally disgruntled, running to the courts at the slightest provocation, particularly around internal electoral processes for new national officeholders.

It is all quite chaotic. It is impossible to tell yet just how the dust will settle — with almost every month bringing a new presidential hopeful to the fore (as though the new Constitution’s emasculation of that office has not yet fully sunk in). And because so much is up in the air — and because of the Kenya Revenue Authority’s directive for all parliamentarians to abide by the Constitution and pay tax on their allowances — it is clear that any more breathing space parliamentarians can gain will be welcome. Nobody among them is apparently ready for change — for both individual financial reasons as well as (supposedly) more strategic political reasons. Loans have to be paid. And decisions have to be made as to whom to throw one’s hat in the ring with.

We see all this. We are sick of it. Frankly, we want them to all go home as soon as possible, as the latest opinion poll has shown — with no less than 65 per cent of parliamentarians due to lose their seats.

Unfortunately, despite the pronouncement of the Constitutional Implementation Commission to the effect that we won’t have to wait more than a year to put that wish into effect, it appears that we may have to wait a little bit longer.

A recent convening of governance, human-rights and legal organisations — together with electoral experts — confirmed the sad finding of a legal opinion by the International Commission of Jurists-Kenya as to when we will have our next general election. It is not, as a plain reading of the new Constitution would suggest, next August. It is, in fact, anywhere between January 15, 2013 and 60 days following.

(Yes, I gasped in horror too—the prospect of more endless bickering and horse-trading on the basis of nothing but venal concerns in the House is, frankly, unbearable).

But, whether we like it or not, the provisions in the new Constitution on the election date —setting it in August of every fifth year — cannot be read on their own. They have to be read together with the transitional provisions — specifically that relating to the current parliament serving out its full term. A full term would not be met by having the next election in December 2012 — but, under the old Constitution, would only be met five years from the date of its first sitting, on January 15, 2008. And not more than 60 days following.

Which means that, constitutionally, we should be having our first general election under the new Constitution between January 15, 2013 and 60 days following.

It is hard to swallow. But we have to look on the bright side. And the bright side is simply that it gives both the executive and parliament more time to get things right. So, many preparatory things need to be done to ensure the next general election is, in fact, free and fair. Apart from the legislation needed to be passed by this August, the electoral regulatory body needs to be fully established. Agreement needs to be reached on the delimitation of constituencies — both to address previous gerrymandering and to reach an acceptable standard of deviation from the principle of one person, one vote — given the population distribution across the country.

Voters need to be registered. Voter education needs to be done. Given that we didn’t adopt proportional representation, an acceptable formula needs to be agreed upon to effect the constitutional provisions on women’s political representation. And discussions need to be held within the counties to ensure that the constitutional principle of equality and non-discrimination is upheld with respect to the political participation of all ethnicities in a given county, whether “indigenous” or majority or not.
It’s a lot of work. And we have to get it right. This time. To respect the memory of those like Dekha Ibrahim who worked so hard to drag us back from the edge of the precipice. To respect the memories of those who died are a consequence of the 2007 general election. To respect the still living survivors of that violence. To ensure it never happens again.

L. Muthoni Wanyeki is executive director of the Kenya Human Rights Commission (KHRC)