That IEBC Commissioners under its Vice Consolata Nkatha are in open contempt of the Chairman Wanyonyi Wafula Chebukati is an open secret. That two or three Law Society Council led by my friend Faith Waigwa are in open defiance of its President Isaac Okero is public knowledge. Both defiances are on record. The silver lining is that the rebellion is led by women, thus bringing closer gender disparity.
However, and sadly, such rebellion goes against every tradition, custom and law. Collective responsibility is at the core of law, politics and commerce. In the Executive, once the President makes a public announcement, even one fraught with error, the Deputy President and the Cabinet cannot contradict. No Cabinet Minister can publicly disagree with another. In Company Law, the Board Chairman is taken to speak on behalf of the Company even if he is speaking in a funeral. The Chairman Of IEBC is legally and Constitutionally mandated to speak on behalf of IEBC. The President Of LSK speaks on behalf of all Lawyers. Any disquiet within the Executive, IEBC, LSK and any body corporate can simmer in but can never be allowed to bubble out.
Once, we destroy this basic tenet of collective responsibility and law on body corporates, then the very basis of our entire legal system is upended. Cabinet Meetings and Board Rooms will be open season for civil wars. AGMs will be Armageddon. Defiance by Cabinet Members or Board Members or Council Members is primitive and retrogressive. Best practice will be for defiant members to resign on conscience if they can’t stand their President or Chairman. There is no heroism in defiance against your Boss. You will never be invited to any other Board. Not even by those who cheer your defiance now.