Duty calls: We all have to rise and stop this slide to dictatorship
SEE ALSO :Uhuru's tax gamble that enraged KenyansHow they do it The fourth element is the mobilisation of extra-legal forces including mobilisation on tribal and party basis to countermand perceived threats ordinarily handled by the police and courts. Recently, the Nairobi Business Community has purported to act as a vigilante force with the approval of the security forces. The fifth element is the use of rumour and in the Social Media era; fake news. This involves use of propaganda to create false narratives regarding topical issues. This double-edged sword is used to galvanise supporters and disorient the opposing side. It is deliberate disinformation and misinformation comprising lies and a spin on the truth. In a telling interview on KTN News in June last year, Jubilee Party Vice Chairman David Murathe set out what was in store for Kenya should Uhuru Kenyatta win a second term. Mr Murathe declared that the second term of the Mr Kenyatta's presidency would be ‘bare-knuckled’. He stated that Mr Kenyatta would not handle the situation with ‘kid gloves’ anymore. In a sense, Mr Murathe appeared to cast the first term of the Jubilee Administration as a failure whose weaknesses were to be addressed in the second term. The arrest and deportation of Miguna Miguna in total disregard of due process is a chip off the old block. You will recall that the fiery cleric Sheikh Khalid Balala had his passport cancelled while in Germany ostensibly because he was a Yemeni national. His fate was lighter compared to that of Stephen Mbaraka Karanja who died in police custody. In a matter that came before Justice Derek Schofield, the state failed to produce the deceased including his remains or reveal his place of interment. The search for his remains was not unlike that for the remains of Independence hero Dedan Kimathi.
SEE ALSO :Investors get nod for SGR extensionThis process started far back with the subversion of the independence of the Police Service. A subservient National Assembly driven purely by partisan interest and incompetence ensured that the nascent independence of the National Police Service was nipped in the bud. Consequently, the Police Service remains a department of the Executive in all, but name. Now we have a police force that has all its ears on the Executive even when the courts have pronounced themselves on a matter. As in the Kanu era, the courts are slowly becoming subordinate to the Executive. Their orders are subject to cherry-picking by the Executive or are simply ignored. For now, rights related to freedom of speech, assembly and expression are under siege. It is only a matter of time before business disputes are settled the same way with the police following the direction of the Executive as opposed to that of the courts. Two instances of police involvement in business disputes come to mind. These are; the tussle between the Mombasa County Government and a service provider in waste management or the recent attempt to take over the Temple Point Resort in Watamu. These are pointers on where we are headed if Executive decree becomes the norm. With these pointers in mind, we must rise and be counted on the side of the Constitution. This duty falls on all of us irrespective of political persuasion, tribe or creed. No one person or group of persons should be allowed to usurp the constitution. Finally; be warned that the usurpation will not come in a flash but in small incremental steps that hardly raise alarm in many of us.