No doubt, the chairman of the Electoral Commission of Kenya Mr Samuel Kivuitu, rubs shoulders with a very large diversity of political opinion on a daily basis. 

This makes him more privileged than most people, when it comes to knowing in which direction the political wind is blowing and possibly at what speed that wind could be blowing. 

Definitely, he has made a point on this issue, which many people across this nation must be discussing and analysing in great detail. 

It is also indisputable that the majority of prospective presidential candidates across the party divide seem to be hesitant to come out clearly on their candidature in the 2002 election. 

Those who intend to cross party lines hesitate to state clearly on which political party's platform they will contest the seats, or, in the case of Kanu, whether the incumbent will contest again or who, if President Moi is not in the running, will be the parties' flagbearer. 

I am not saying the foregoing due to ignorance of the current constitutional provision of "two terms of five years each." There is a dearth of interpretations of this clause. 

However, the point I wish to make is that voters always need time to decide whom they will elect. The time for that crucial declaration by candidates therefore is now. 

I dare say that if anyone believes that President Moi will be forced to step down under the two-terms clause when a comprehensive review of the Kenyan Constitution is in the offing, they only do that at their own peril. 

Mr Kivuitu predicted that the 2002 election was "likely to engender the kind of violence witnessed during the campaigns and voting in the South Mugirango by-election two months ago. 

"Why, one may ask, did the Electoral Commission not invoke the Code of Conduct during the South Mugirango by-election to guarantee the voters' peace? Why did the Commission not protect or defend its own agents ? 

The last word we heard about the problems of the by-election was that if any agent of the Commission felt aggrieved, they could sue their attackers in the civil courts. 

The electoral laws are very clear on the issue of electoral violence. The fact that the current Commission has not seen it fit to apply the law to the letter does not give its chairman the authority or right to begin planting the evil seeds of electoral violence in the minds of Kenyans ahead of the elections. We all want the next elections to be free, fair and peaceful. 

It would be very healthy indeed were Mr Kivuitu to come back and explain to the public what powers the law provides and how his Commission intends to apply in the 2002 elections to ensure the safety of Kenyan electors and therefore, a free and fair election. 

If indeed, real difficulties can be foreseen now, how does the Commission chairman plan to handle them? 

PEREZ OLINDO 

Nairobi