Kosgei remark on flag sparks integrity storm

By Juma Kwayera

Despite her apology, Agriculture Minister Sally Kosgei's remark on the national flag raises serious integrity doubts on public office holders.

Her reference to the national symbol as a mere piece of cloth she uses to navigate traffic jams has put the significance of national institutions into sharp focus.

Coming shortly after nearly half of the Cabinet failed to sign performance contracts, it cast the Executive as bereft of leadership and integrity as spelt out in Chapter Six of the Constitution.

Opinion shapers are unanimous that disparaging the national flag amounts to desecration bordering on treason.

Consequently, political commentators and lawyers have warned of potential travesty of the new laws, which recognise the Flag, the National Anthem, the Coat of Arms and Public Seal as symbols of national unity and sovereignty.

Ministerial powers

Kenyatta University history lecturer, Dr Edward Kisiang’ani says the constitutional crisis triggered by possible indictment of six principal suspects of the 2008 post-election violence, has exposed a dearth of political conviction and principles.

He attributes the attrition in Orange Democratic Movement (ODM), exacerbated by Dr Kosgei ditching Prime Minister Raila Odinga to join a faction led by suspended Higher Education Minister William Ruto, as an expression of a clique in the governing coalition still hooked to a past of impunity and intolerance.

"The powers ministers enjoyed during the Kanu regime were products of lawlessness, where impunity reigned and contrary opinion was severely punished. The Judiciary, police and Civil Service did not work since loyalty was to individuals in power," he says.

As opposed to the practice in established democracies, where Cabinet appointments are pegged on patriotism, skills and competence, in Kenya loyalty is ‘king’.

"The national flag has features that are uniquely Kenyan. No other country bears those features. It was designed so to define Kenyans as a people with a common identity. It is a symbol of unity and makes a strong statement about our independence and sovereignty. To disparage the flag is to trample on national pride and sovereignty," says Dr Kisiang’ani.

Allegiance to?

Although the minister has acknowledged that she gaffed, questions abound whether her allegiance is to the Constitution or the partisan interests she alluded to when she made the infamous remarks.

Her critics observe that from the wording of her apology, she did not demonstrate deep remorse.

"Let me use this opportunity to unreservedly apologise to those I may have offended," she said, in 34 seconds, retracting her comments at a public forum in Aldai last Saturday.

The minister had told her constituents: "Do you think my lifestyle will change? Do you know how much ugali I eat ... that piece of cloth called a flag is only good for navigating through traffic jams. Who in Kenya does know how much power I used to wield? I cannot be intimidated by the power that comes with a ministerial position."

US elections

The furore the utterances kicked off echoes questions of patriotism US President Barack Obama faced when he ran for Democratic Party nomination, for not wearing the American flag on his lapel.

In the US, the Republicans constantly wear the flag as an affirmation of their loyalty to their country, and perceive it as inheritance from a glorious past. The Obama’s Democrats see the flag as symbolising the promise of a better future. Consequently, Obama responded thus: "I won’t wear that pin on my chest. Instead, I’m going to try to tell Americans what I believe will make this country great, and hopefully that will be a testimony to my patriotism."

In an online publication, ‘The American Flag: The Family Tradition posted on www.usflag.org, the flag is a serious issue fraught with many political risks.

An extract from Government documents says: "The flag of the United States of America will stand only as long as all of us want it to stand. It is the symbol of this great nation built from the hard work and sacrifice of those who have gone before us. The strength of our nation is the sum total of that hard work and sacrifice, and the strength, cunning and prowess of those who our forefathers, sons and daughters have fought and defeated in battle to defend it."

Imenti Central MP Gitobu Imanyara says the minister’s utterances were a serious abrogation of statehood and the Constitution.

Head of Civil Service

"Kosgei, who as Secretary to the Cabinet was the custodian of national flag and emblems, ought to know the flag is the symbolic manifestation of statehood and comments such as those she reportedly made are criminal and punishable," he says.

Ministers fly the flag on official cars as symbol of the power they wield. However, in some cases the significance of such national symbols has been abused such was the case when in 2003 then Minister for Lands Amos Kimunya relegated the sanctity of a land title deed to "a mere piece of paper".

Kosgei was the Head of Civil Service and Secretary to the Cabinet until January 2003 when she was unceremoniously eased out of office and replaced by Ambassador Francis Muthaura. In 2007, she was back in the groove when she was elected Aldai MP on an ODM ticket.