A Human Rights Defender's Perspective

As we head towards elections it is expected that while the Opposition uses its mobilization skills and local networks around the country to “spread the word” on its behalf, the Incumbent shall as is the tradition rely heavily on state machinery and structures to popularize its re-election agenda. As the hunt for votes gears up as we approach the election year, the role of the National Government Administrative Officers will rear its ugly head yet again, exposing the feeble underbelly of the relationship between the National and County Governments. Again, the constitutional mantra of interdependence between these two levels of government will be tested. It is at this stage that a “restructured provincial administration” will either show proof that it can, intends to and has shaken off its former, post- colonial public image, or will as is widely expected take up its traditional monsterish, authoritarian role and push the government’s political agenda. The Constitution lf Ke...

As we observe the defamation proceedings between Deputy President William Ruto and Activist Boniface Mwangi, words and phrases keep flying around. Without going into the merits of the case – the matter being under judicial consideration and therefore prohibited from public discussion, the public ought to be enlightened of some of these words and terminologies. I will rely on a simple example to explain. Kamau files papers in court accusing Wafula of uttering or writing certain words causing damage to his reputation. This is what you would call a claim. Wafula while exercising his right of reply has two options; he can file papers denying the accusation even denying ever uttering or writing those words – this would be called a defence, or Wafula may opt to file a claim within Kamau’s claim with the intention of defending himself and offsetting Kamau’s claim even surpassing the enormity of Kamau’s claim. In this case, not only does Wafula deny what he is accused of, he goes on to sh...