With President Kenyatta's deadline looming, Kenya is at a crossroads

Keeping the embers of hope always alive is one of the greatest challenges any democratic ruler faces.

In democracy, hope is not something that belongs exclusively to the future. Hope also means looking back at the past, and democratic leaders constantly need to remind everyone of their achievements.

This is why iconic dates are always set, cherished and celebrated. Iconic dates and events are like a ray of hope in the life of a State. They are the fire that keeps our expectations buzzing.

Iconic dates mark a before and an after. In the very old days, iconic dates were determined by what affected us most: fire, flood or drought. Nowadays, these dates are less cosmic, but more manmade: an election, a constitution, an anniversary, etc.

On December 3, 1991, President Moi announced that Kenya would take the major step of legalising opposition political parties.

On January 1, 2000, at the turn of the century, there was excitement, agitation with quite a dose of enthusiasm. "New century and new life!" they shouted.

On December 28, 2002, when the Rainbow Coalition captured the presidency, we heard it again: "New government, new Kenya".

On August 27, 2010, at the promulgation of the Constitution, we heard similar chants: "New Constitution, new Kenya". The same happened at Kasarani on April 9, 2013.

In every state, these special events have traditionally helped citizens build a sense of identity. They are an essential pre-condition to achieving that sense of unity and comradeship that keeps a state together.

They remind us all that the achievements of the State and its government have a direct impact on our lives.

THE 'BOOM' YEARS

Iconic dates build identity in the same way the laying of bricks builds a house. Bricks, however, do not keep the house clean, habitable and warm. There are other elements that make hope sustainable. Two of these elements are education and justice.

Identification requires education, which gives meaning and makes people understand and love their togetherness. They cherish the nation and love it and their good national pride and sense of loyalty grows.

Identity also requires justice, which keeps a check on relationships and sustains that togetherness.

It is undeniable that the government, churches and entrepreneurs have done a great deal for education since independence. Kenya’s education system is quite organised and advanced in relation to most Third World countries, and even when compared with a good number of economies in transition.

Many of our institutions are first class; they have made impressive strides that are already bearing fruits. Logically, they also have challenges and needs.

Our university model has also transitioned from public to semi-public, or private. Many of us may remember those old days, until the late nineties, when every university student enjoyed the “boom”. Money was freely and regularly distributed to students by the government.

The "post-boom" days were full of debauchery until the expenditure curve hit rock bottom, before the cycle started all over again at the next "boom".

This dissolute lifestyle came to an end when the repayment days arrived. A few years later, the Higher Education Loans Board (Helb) was created, and repayment became a more serious matter.

EQUITY'S PRIDE

The availability of Helb notwithstanding, hopelessness still locks a high proportion of Kenya's bright, needy children out of mainstream education.

A few corporations have generously come to their aid. I know of several banks, leading Kenyan companies and law firms that have made it a policy to sponsor bright and needy youth. This is most commendable.

At the national level, the Equity Foundation has given an amazing example of what we could define as strategic generosity. Last week, I was tremendously fortunate to be part of the Equity Bank Foundation’s "Wings to Fly" programme, which is sponsoring 10,000 bright, needy boys and girls from every county in Kenya.

It is strategic because these kids will always be proud members of the Equity family, and it is generous because this programme costs a fortune.

Equity is doing something they should be proud of and that perhaps should shame some other banks. "Wings to Fly" is changing the lives of these kids, their families, their villages and ultimately society. At Kasarani Stadium, one could see and feel Kenya’s bright future.

Equity will certainly be part of Kenya’s history. They are helping to cement identification among the youth, giving meaning and teaching these young minds to love their togetherness.

Education builds identification, and justice makes it sustainable. When courts do not do their job, the pressure cooker bursts. Every social explosion is triggered by the failure of justice systems, by impunity.

IS THE JUDICIARY READY?

At the end of March this year, the President took a bold step. He suspended several high-profile officials and requested the Ethics and Anti-Corruption Commission (EACC) to complete investigations and send the files to the Director of Public Prosecutions (DPP) for action.

The President set a deadline of 60 days. The big question is, what will happen if the EACC and the DPP do their job? Is the Judiciary prepared? There are two weeks left.

High-profile corruption cases are complicated, but it would be a terrible injustice to the accused and to the country if they were mishandled.

In 1992, an overflow of scandals in Italy gave birth to the biggest anti-corruption drive against the highest echelons of political and economic power that country had seen. The inquiry was known as Mani Pulite (Clean Hands).

It triggered the downfall of a good number of political officials and corporate tycoons, people who had played a key role in Italy’s public life for half a century. But the operation’s results were inconclusive, and according to some critics, simply made the bribe price go higher.

The Italian experience may be a good lesson to learn. An inconclusive process would have been better left untouched from the start.

Justice will only succeed if competent prosecutors and prudent, honest High Court judges handle such complicated files and make good decisions based on watertight evidence.

The President’s daring decision has set in motion key institutions. The country is at a crossroads. An iconic date is approaching, and there will be a before and an after.

Dr Franceschi is the dean of Strathmore Law School. [email protected], Twitter: @lgfranceschi