It is an understatement to say that CS Fred Matiang’i overreacted to the mock swearing-in of Raila Odinga as “The People’s President.” Raila’s ‘swearing-in’ was a political statement, intended to please his political base and to further dent the legitimacy of President Uhuru Kenyatta. The Constitution of Kenya does not provide for the position of “The People’s President.” What Raila did is not a treasonable offence. Yet the government reacted by switching off TV stations indefinitely, declaring the National Resistance Movement (NRM) a criminal organisation, and promising to arrest and prosecute a number of politicians and journalists. The government’s reaction is misguided for three main reasons.
First, it unnecessarily creates a storm in a tea cup. By escalating the political confrontation to include the restriction of media freedom and free speech, Dr Matiang’i is contributing to the erosion of the Bill of Rights. The best way to deal with Raila’s ‘swearing-in’ would have been to ignore it, and craft a response. But by lashing out, Matiang’i is fanning the flames and cementing the image of Kenyatta as a fickle incumbent who is perennially insecure about his legitimacy. Let us not mince words. Banning the NRM comes very close to banning the leading Opposition party. If indeed the NRM is a criminal gang, let Matiang’i show us the evidence.