WE ARE FUCKED

1 In case you were still in doubt, allow me the latitude to state in no uncertain terms that yes, we truly are fucked! As a country, a nation, a sovereign state, we are deep in the trenches. June 18th heralded a series of next-gen protests that the status quo deep state has not experienced before in Kenya. We, the young people of this generation, went out to the streets, peaceably and unarmed, to protest against what I’d generalize as bad governance. Our tools of trade then, and still remain so, were a phone, a bottle of water and handkerchiefs/flags coupled with placards. The clarion call has been the same, albeit shrouded in different messages: time is nigh for the country to experience good governance under the rule of law.

2 Well, a section of the political class has often deliberately misconstrued that and interpreted it as a call for constitutional reforms in their frail self-preservation efforts. Nothing could be further from the truth! All we ask for is that the ruling elite abides by the already existing constitutional and legal frameworks while discharging their duties, and while at it, sprinkle some morality to the cause, much as we know they all suffer an acute lack of it. Morality will always outweigh legality if ever there’s sufficient goodwill to build a country and system that works with equality and equity for all.

3 Just yesterday, the Ag. Inspector-General of Police Mr Douglas Kanja released a memo in the dead of night banning the supposed protests that were rumored to take place in Nairobi CBD today. While he may be in his powers to cancel planned demos in his capacity as a regulating officer as espoused by the Public Order Act Cap 56, the order reeks of so much bad faith.
 Much as the Public Order Act provides for regulations on public meetings and public gatherings, it is my considered opinion that it does so based on ‘mob considerations’. There is a planner or convener for such meetings and a designated route for the same purpose. The convener is also personally liable for any costs incurred over the course of the protest, such as but not limited to clean up costs and damages on property along the procession route/location. This is according to Justice A. Makau’s ruling on the case of Ngujiri Wambugu v Inspector General and 2 others in 2019.

4 Our constitution, which bestows upon each Kenyan sovereign powers, avers in article 37 that EVERY person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities. It is an individual right. The IG, hiding behind the veils of the public order act, can not purport to limit that individual right of every person in the pretext of Gen-Zs being leaderless. In the right to picket, any one person can take to the street to acclaim to the relevant authorities what they feel aggrieved about. They wouldn’t need a permit for that since it wouldn’t be a public meeting. A million people coming out under the protection of their individual right to picket, coincidentally on the same day and same time would not need to be collectively permitted since they are acting in their individual capacities, rather than as a group.

5 Also, even in the event that there has been mobilization, holding the organizers or conveners jointly/personally liable for any costs accrued therein would naturally effect to deterring people from holding such demonstrations for fear of possible penalties in scenarios of damages and loss of lives. This amounts to an infringement on people’s freedoms. What the security apparatus ought to do is ensure the security of whoever is picketing on the streets while also doing their regular task of protecting people’s property along the picket zones. This has not been the case so far in the four weeks of protests we’ve encountered.

6 A report from the Independent Policing Oversight Authority in 2018 dissects the frequent chaos, destruction and loss of lives experienced during most demonstrations in the country. Policing in the new age needs to be truly redefined. A noble profession that doesn’t get the professionals it requires. It doesn’t always have to be about muscle alone. There also needs to be a study on the role that police play in causing chaos and violence during protests. Core at the root of such is the mentality inculcated into most security personnel right from training. It is trite law that police just generally frown upon picketers for reasons best known to them. They clobber, teargas and kill them, either at the behest of their superiors or just simply to satisfy their irate innate natures as an avenue to release their life frustrations. Recommendations have been made to look into the training curriculum of such officers who handle demonstrations. They should be attended to psychologically by specialist therapists before being drafted into such mentally demanding duties.

7 We have also seen a deliberate clamping down of journalists and media personalities who have tried to cover the protests or even write about the ills of the current government. This is quite typically a dictatorial regime in the making, if not one already. The incessant teargassing of Larry Madowo, the shooting of the media max journalist in Nakuru and the inhumane abduction of columnist Macharia Gaitho at Karen are only the iceberg’s tip on this subject matter. What have we become? Do we even need to mention how these barbaric acts are in direct contravention of multiple international human rights charters, not to mention the Kenyan constitution? We have truly lost it, and all for what? So that a few megalomaniacs and kleptomaniacs get to share the spoils of loot from a hardworking populace!!!

8 Well, the president ceded to our demands that he reject the Finance Bill 2024 and dissolve his cabinet, notable among a raft of other measures that included scrapping the budgets allocated to the office of the first lady and second lady. While that was much welcome, there needs to be more. A deeper surgery needs to be done on the entire government to rid it of the chronic issue that is corruption and embezzlement. There needs to be a raft of prosecutions by the ODPP and subsequent convictions by the courts that will result in reclaiming stolen assets. That would definitely shore up public confidence in the system.

9 Until then, I guess it is #RutoMustGo!!!

 

 

@oiraqaleb esq.