Jubilee selective in upholding rule of law

In these quite interesting times one can’t help but pause and wonder why our Constitution would provide for such “untidy” things like the right to hold demonstrations and picketing when there are supposedly sufficient avenues provided under the law for initiating change and settling disputes. Why did the drafters deem it insufficient for aggrieved citizens to have only the options of either going to court or petitioning Parliament? Could it be that the far sighted drafters had in mind times when such avenues would be wholly inadequate to achieve the ends desired by the citizens? What exactly is the import of Article 1 of our Constitution, which says we can do ourselves all that we have empowered Parliament to do? The drafters wanted us to have a buffet of options, so that it is not anyone’s place to tell you which path you must take. All options are on the table and it’s for you to choose what works for you. It is not rash therefore to conclude that given a critical mass, the will of the people as expressed under the auspices of Article 37 is not only legitimate, legal, constitutional but also supreme.Peaceful protests and picketing are methods of expressing non-consent and any government that attempts to govern over objections of even a small minority embarks on a path to establishing unjust government, a direct and short path to tyranny.

The authority of a state and its government is created and sustained by the consent of its people. The government should pay close attention when so many people demand a particular action.

Of course the Jubilee government sees things differently. While on one hand the law must be rigidly followed to the letter for the IEBC to be disbanded; only the loosest of interpretations, if any, is applied to the same law when it comes to other matters. It is truly the end times when a government that ignores the Constitution at every turn, turns to lecture us on the importance of the rule of law. What about the Provisions of Article 10 that require inclusivity in appointments to Public Service, transparency and accountability?

Explain to the teachers of Kenya why it is important to obey court orders for the rule of law to prevail! Explain to the National Land Commission and the Judicial Service Commission why we must all be committed to respect independent institutions and guarantee their independence! We are being asked to follow the law by a regime that breaks it flagrantly. And even then, it is because this regime has not even internalised what the Constitution says! Protests are legal! Instead of upholding the law by facilitating the lawful protests, this government has released rabid policemen to criminally disrupt them. The question then becomes, if this is what this regime does in broad daylight, right before our very eyes, what shall they do in the dark? Shall they not defile every known law?

At a deeper level, the pathetic approach of attempting to whitewash police brutality is typical of the bankrupt doctrine of denial and propaganda that has underpinned much of government action since Jubilee took power.

The regime, it would seem, is in a trance. It has teleported back to the 60’s and 70’s when Mzee Kenyatta utterly steamrollered any opposition. Back when protesting was referred to as “nyoko nyoko” and belonging to the opposition meant you were a “kinyangarika”.We are not that country any more. What we are is a nation far less willing to turn the other cheek, more assertive and aware of our rights. We have been forced by poor leadership to become tenacious and persistent. It is no longer possible by the sheer force of boots, batons, tear gas and water cannons to repress wananchi’s will. We refuse to yield to King Kong tactics. Might is not right.