KHRC targeted because it points out State excesses

Makau Mutua

On August 14, days after the IEBC declared Jubilee’s Uhuru Kenyatta the victor in the presidential election, one Fazul Mahamed struck at the Kenya Human Rights Commission (KHRC). Mr Mahamed, who is in office illegally — and without the requisite qualifications — is the purported CEO of the NGO Coordination Board. Mahamed has recently gone after the Kalonzo Musyoka Foundation as well as another NGO he associated with Rosemary Odinga, the daughter of opposition doyen Raila Odinga. In his letter — which was widely reported — Mahamed falsely accused the KHRC of tax evasion, among other filthy allegations. Mahamed’s letter is full of ugly and detestable lies. In April last year, the High Court ruled these identical charges and actions by Mahamed “unconstitutional, null, and void.”

The real question is why Mahamed — Jubilee’s attack dog — is coming after the KHRC again with the same allegations that the High Court rejected unequivocally. It’s not that Mahamed didn’t receive — or can’t read — the court’s order. The court ordered him to cease and desist. He’s therefore in contempt of a court order. The only conclusion is that Mahamed believes that he’s above the law because his godfathers have told him so. He speaks and acts with complete impunity — and immunity. He even relied on a defunct law in his letter to the KHRC. There’s little doubt that he believes Kenya is a country of men — not laws. He personifies a state gone rogue and without a tether.

Purported to fire him

 It’s clear Mahamed is being protected from the inner sanctum of the state. Last year, when Devolution Cabinet Secretary Mwangi Kiunjuri purported to fire him over fake academic papers, the NGO Coordination Board was quickly moved from Devolution to Interior under the late Nkaissery. Your guess is as good as mine about who has the power to pull such a gutsy move. Mahamed “knows” people in high places. That’s why it’s no accident he’s taking on titans — with impunity.

The KHRC, which I chair, is one of the world’s most respected and effective human rights NGOs. It is a gold standard in the human rights universe. We count among our stakeholders the most vulnerable Kenyans. Our legacy in birthing the 2010 Constitution and fighting — without fear — for human rights and democracy speaks for itself. We have a dedicated staff and selfless board that serves pro bono. Our supporters include some of the world’s hallowed foundations and human rights-friendly states. I agree we are a thorn in any regime’s ribs — but that’s our raison d’etre. We exist to promote and protect human rights — to call out and expose extrajudicial killings and other demonic acts. We will do so into perpetuity.

I know the Jubilee regime has never been happy with the KHRC. We do not aim to please the state. We are social critiquers, statisticians of violence, social deconstructionists, and societal reconstructionists. We are “the eye” of the society.

Democracy isn’t possible without us — the civil society. That’s because we are the cartilage that sits between the tyranny of the state and the people. A kleptocracy — like the Jubilee regime — can’t stand an independent civil society. Jubilee hates us — and wants to kill the KHRC — because we are committed to a democratic human rights state. Jubilee knows we oppose its dictatorship, ethnic exclusion, kleptocracy, corruption, and oligarchy. That’s the only way to explain why Mahamed — the regime’s poodle — has been unleashed against the KHRC.

Let’s state for the avoidance of doubt that the KHRC has complied with all the laws of Kenya. We deny in their totality the ugly, defamatory, and repugnant lies  Mahamed is peddling against us. We have invited Mahamed to look through our records if he so wishes. We have nothing — zilch — to hide. The High Court found in our favour last year, and ordered Mahamed to pack it in. He obviously didn’t, and couldn’t wait for Jubilee’s “victory” to bare his fangs again. I think the regime won’t stop at attacking the KHRC. It will go after other perceived independent voices. It will constrict political space. This is what all those international election observers — and media — that lauded the election need to know.

Can’t be compelled

Finally, I’ve been told Jubilee may be retaliating against the KHRC because I refuse to recognise the “election” of Mr Kenyatta as President. That should be neither here, nor there. As a citizen of the republic, my conscience — and loyalty — can’t be compelled. The office of citizen is higher than that of president. Democracy dies in darkness but thrives where there is dissent.

- Prof Makau Mutua is SUNY Distinguished Professor at SUNY Buffalo Law School and Chair of KHRC. @makaumutua