Skip to main content

Madaraka Day @49 – What Exactly Does Attaining Self Rule Mean?



Courtesy of The Daily Nation

The Declaration on the Granting of Independence to Colonial Countries and Peoples (adopted 14th December, 1960) says the following about the importance of Independence;
The General Assembly,
Mindful of the determination proclaimed by the peoples of the world in the Charter of the United Nations to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small and to promote social progress and better standards of life in larger freedom,
Convinced that all peoples have an inalienable right to complete freedom, the exercise of their sovereignty and the integrity of their national territory….”
The Preamble to the Constitution of Kenya 2010 says;
We the people of Kenya –
Honouring those who heroically struggled to bring freedom and justice to our land:
Exercising our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this constitution….”
Article 10 of the Constitution then goes on to list national values and principles of governance that have to be adhered to.

The reason for elaborately outlining provisions that eventually led to Kenya’s attainment of self rule and subsequently her independence on the one hand, and constitutional provisions reaffirming the need to protect this status that was attained at great cost on the other, is to enable us reflect on how far we have come since then.

As Kenya commemorates Madaraka Day today – the attainment of self rule – it would be good to look back at what this means as opposed to being under the yoke of coercive colonial rule. It is also imperative to examine some of the actions that we have taken as a nation that may be a total contradiction to what it means to attain and commemorate madaraka.

In my opinion, the attainment of self rule has both an external and internal meaning. An external one would portend that the ability to make important decisions on the direction a country and a people should be devoid of any external influence or pressure. It would further mean any decisions concerning how a nation and a people hope to live together and build themselves will not be done from a sort of satellite position merely communicated to the people on the ground.

 Internally would mean that the nation and its people actively participate in decisions concerning them and further have a voice when those that govern seem to be going contrary to their aspirations. It means recognition of the peoples’ sovereign power – having the final collective say on decisions affecting them.  
A look at the current situation in Kenya shows a need to reexamine what self rule ought to mean to us. The following are top-of-the-head observations.

Kenya is a hub for the East African region and therefore a potential geo-political ally. The kind of influence the country wields in the region makes it an attraction to the international eye as it propagates its foreign policy ideas. The war on terror- if indeed it is a war - is a case in point. Not only is Kenya under external pressure to come up with a pro-western anti-terror legislation that all but disregards the rule of law and human rights, but it is further under pressure to collaborate with the west in this regard by e.g. allowing foreign security agents to kidnap Kenyans and handing over Kenyan nationals to foreign nations to be tried for terror related offences – despite the fact that Kenya does have a working judiciary fully capable of adjudicating over such cases. Self rule and principles and values of governance would obligate the Kenyan government to respect rights and fundamental freedoms of Kenyan citizens by affording them due process guarantees.

As a third world country, Kenya has and continues to fall into large debt to finance its development projects. As they say; ‘Being in debt is not very different from being in slavery.’ The huge debts that have accrued over the years mean that Kenya is likely to act at the whims of foreign powers and carry out activities that would further appease them. Self rule and principles and values of governance would obligate the Kenyan government to work at reducing national debt, creatively boost local investment, regulate national spending etc. This will enable the people of Kenya chart their own future.

Kenya has obligations to the international community especially the African Union regionally. The stance of the AU with regard to the workings of the International Criminal Court (ICC) leaves a lot to be desired. Kenya as a ‘situation country’ has its own obligation to respect the rule of law that includes respect for any avenues available both internal and external to address and protect human rights and fundamental freedoms. Self rule and principles and values of governance would obligate Kenya to make sober decisions on the ICC process(es) and put its need to respect, promote and fulfill human rights above any external AU political pressures.

The current international pressure especially aimed at African countries to repeal anti – homosexuality legislations and laws that criminalise sodomy is another case in point. Kenya has a growing LGBTI community that is fast gaining a voice not only due to this international pressure but further due to the new constitution that offers far reaching protection of fundamental rights and freedoms. Many of these laws date back to the colonial era (error) and though these powers have since gradually changed their laws in this regard, it would be imprudent to expect the same to happen overnight for countries like Kenya. Self rule and principles and values of governance would mean that Kenya will, devoid of international pressure, make decisions that will ensure an enjoyment of fundamental rights and freedoms of EVERY Kenyan. Chief Justice Willy Mutunga, reacting to recent proclamation by the US President Obama, embracing homosexual unions, said that the Kenyan judiciary and judges are under no pressure – internal or external - to legalise homosexuality or render such laws unconstitutional. The Kenya courts are fully capable of independently examining the issues brought before them and as per Article 20 (3) of the Constitution develop the law in order to protect rights and fundamental freedoms.

Finally, recent revelations of foreign mercenaries and criminals involvement with the Kenyan government are appalling. Information that these persons were even given Seniour ranks (Deputy Commissioners of Police and Chief Inspectors) and allowed to lead raids against Kenyans is a sad realization that the Kenyan Government’s actions were not independent but rather influenced by external powerful forces including those involved in covert drug trade and smuggling businesses. Self rule and principles and values of governance carrying out thorough investigations into this huge scandal and a clear violation of human rights of those who fell victim. It would further entail brining to book any of the names mentioned in these criminal activities.

These are but a few observations that call for a re-thinking and re-analyzing of the meaning of self rule even as we unwind and commemorate madaraka day Kenyan style– watching the matching bands in full regalia, listening to the old patriotic songs, visiting family and generally indulging in the traditional holiday making activities.

O’wise… have a great Madaraka Day beak …… I AM ;)

Comments

Popular posts from this blog

Integrity and Moral Probity…..hmmmmh?!?!?

As vetting approaches and the potentially high number of judicial officers likely to face the ‘phase 2’ purge… lawyers are falling over each other trying to polish their résumés in the hope of filling up the already empty slots as well as the soon to be vacancies. Hence begs the questions, are these legal practitioners (even with their impressive résumés) going to qualify for these positions? Are they really going to prove that they are persons of integrity? Are we likely to get a fresh deluge of ‘wikileakes’ discrediting their claims as persons of integrity? I have no doubt that many in my profession are persons who conduct their businesses either in private practice, public service or civil society with the highest level of integrity…..but then how many???    As I read the Article is The Standard on confessions of how a lawyer helps pirates ‘clean’ their money….I was left asking my self thought provoking questions as to how many lawyers today would pass the Constitutio...

THE “HOUSE OF TERROR” – Reflections….

The "House of Terror" - Budapest, 1062 Andrassy ut 60 So today I finally got to visit the ‘House of Terror’ one of those places you certainly ought to visit if you ever pass by Budapest, Hungary! It is described as a museum that commemorates the victims of terror as well as a reminder of the dreadful acts of terror carried out by ‘victimizers’. The building, and the museum inside are a vivid, impressive recreation of different periods of Hungarian history that the country has tried to move on from albeit painfully. The Different sections of the Museum that begins with a hallway full of victims, then instruments of torture, actual cells, gallows and a morgue, witness accounts displayed on screens and pictures that tell a thousand words all bear testimony to the atrocities witnessed and meted. The building housed the Hungarian Nazis in the early 1940’s and later a residence of the AVO and subsequently the AVH who are known to have participated in the worst forms of crimes agai...

Constitutional CRISIS?!?!?!?!

Even as MPs animatedly bang tables at press conferences and heckle in public (some sadly in their mother tongues [ mzalendo where are you?!? ]) about the illegality of the speaker’s ruling and decision to reject debate on the controversial nominations of the Chief Justice, Attorney General, DPP and Director of Budget, claiming that a rejection of the names will lead to a constitutional crisis come 27 th February, it would be very important, at the earliest to clarify exactly what this constitutional crisis would mean – as opposed to what they want their not so ignorant constituents to believe it to mean. Fiction: The judiciary will be left in a mess-vacuum – headless as it were, if there is no Chief Justice after 27 th February. Fact: The office of the Chief Justice though an important one is mainly administrative and ceremonial (or so it has been made under Gicheru). The Court of Appeal’s Presiding Judge is perfectly capable of overseeing the transition in an acting capacity....