After the 2007 post-election violence, our leaders pledged that ‘never again’ should Kenyans die because of politics. A few years later, it appears no lessons have been learnt. The political rhetoric is on a pretty high decibel, and innocent Kenyans are beginning to die for the same reasons. As always, tolerance levels on the two sides of the political divide are declining fast, as we inch closer to the elections. The lives lost so far have raised little concern, overshadowed by incendiary ethnic overtones by politicians on both sides.
CORD leaders know pretty well that ejecting IEBC team from their offices is a zero-sum game but are determined to express their displeasure nonetheless. A protest outside Parliament would have served them better if their aim is to force the government into dialogue. Parliament has failed to provide leadership on the matter, an excuse CORD has grabbed. In 2014, activist Wafula Buke brought a petition against the commission, seeking its dissolution but Parliament rejected it in a partisan debate. Earlier this year, PAC cited the loss of billions of shillings at IEBC, and recommended prosecution of its officials, and reconstitution of the commission.
The report was rejected by IEBC, saying it is ‘designed to summarily guillotine officials of the commission through contrived and concocted information with the intention of achieving other ends.’
Given Jubilee’s majority in the House, and their position on the Buke petition, it is unlikely that the House will adopt the PAC report. Without the political goodwill from the President, CORD knows it will not succeed in achieving electoral reforms in the House. Of course, their MPs could draft changes to the Constitution with a sweetener for MPs that would guarantee bi-partisan support.
They ought to have done so, and should do so. In the event that the Jubilee MPs decline to go along for whatever reason, CORD would then have justifiable reasons for battling it out on the streets.
Nonetheless, I am stronger believer in the right to hold peaceful demonstrations. Article 37 provision that ‘every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities’ is the backbone of the Bill of Rights which we must jealously guard. Those preaching against peaceful protests generally, and terming it ‘outdated’ have forgotten how hard that right was won. It is a fundamental tenet of freedom and democracy, an expression of alternative view which citizens must express to the State freely. Protests cannot be good when it suits us, and be bad when it doesn’t. It is the greatest test of tolerance and commitment to the rule of law for any government. We must not demonise Article 37 rights lest we regret it tomorrow.
The government has a right to take action to enforce law and order during protests, within the confines of the law. We must adopt the humility and firmness with which police in developed countries deal with violent protesters.
The police brutality we saw last week against unarmed citizens is certainly unacceptable, and shames the government. Its time our police replaced the huge colonial baton for a lighter one, and resist the temptation to clobber all and sundry, particularly defenseless women.
As the government in power, Jubilee leadership should take the moral high ground and engage with CORD to resolve this matter. Simply daring CORD to protest with dire consequences is a recipe for chaos, and will betray their commitment that no Kenyan will die due to politics. CORD has nothing to lose; Jubilee must not play into their hands.
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