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 ;)
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