By D Kipkorir
Open Letter to my friend, Ahmed Issack Hassan
I write to you as my friend and client. Am blessed to be amongst less than four lawyers you have full trust in to advise you. And we are both life long students of law, history, religion and philosophy. This is a pro bono advise and thus not privileged.
CORD has been camping outside your office last few Mondays and they say they will continue till you leave. You say you can’t leave other than provided for by law. Yet, that is the big dilemma.
Our Constitution says you can’t be removed other than by Petition to Parliament. The same Constitution says Kenyans have a right to demonstrate, picket and present petitions to public offices. In “textualist” interpretation of the law, you are right. But in “spiritualist” interpretation, you are wrong. When it comes to spirit of the law, moral responsibility takes precedence.
In China, Korea and Japan, personal honor is more important than anything else. In Japan, its Minister for Agriculture committed suicide because he couldn’t account for petty us$48,000 in a us$2Trillion budget! In England, public officials resign for even a misuse of uk£5 rail ticket!
When there is a sustained campaign by elected leaders that you go, it is no longer about the law. In any legal body imbued with power to make a decision, the body must be above even perception of bias. Caesar’s wife must be above suspicion.
Resigning isn’t a sign of cowardice but courage. Izzat is a higher calling. Harakiri is respected.
CORD maybe loudly demanding your resignation; but Jubilee is whispering in their ears. Politicians of both divides seem to have a secret pact to change the electoral body before every general elections. This year won’t be a leap year. They will do it.
When there is still opportunity, negotiate your way out with honor and dignity. Ask them to post you to new Embassies in Tehran, Stockholm or Buenos Aires. We need to open them. I will visit you.
Later on, don’t say I didn’t tell you. I have told you publicly so that our mutual friends will attest.
Wa’alaikum assalam wa rahmatullahi wa barakatuh!