Law enforcers must not be permitted to curtail Constitutional Rights

“Politics has got everything to do with each and every citizen’s life. If things go wrong as they have been for Kenya in the greater 50 years gone by then, the citizen’s present and future become precarious, gloomy, short, tortured, uncertain, and stagnant. Politics is not just about elections and election contests, political showbiz, political rhetoric, five-year cycles of false and romantic promises,” wrote Wekesa Cyprian Wanyonyi an Advocate of the Kenyan High Court.

The 2017 Presidential Elections have been very interesting and full of intrigues.

Mr. Uhuru Kenyatta won the presidential election on August 8, but the Supreme Court nullified the election. Mr Raila  Odinga withdrew few weeks to the repeat poll urging his supporters to boycott.

The results of the repeat poll have been contested once again.

On Monday, the Supreme Court judges will rule on the petitions that seek to invalidate the October 26 repeat Presidential poll.

“We will deliver judgment on the 20th,” Chief Justice David Maraga said at the end of the petitions hearing on Thursday.

On the other hand, 37 people died and 126 others were injured during the post-election chaos witnessed between August 9 and 15, according to the Kenya National Commission on Human Rights.

According to Amnesty International research report “Kill Those Criminals: Security Forces Violations in Kenya’s August 2017 Elections’, at least 66 people have been killed by police in election-related violence since August. At least 33 of them died in the aftermath of the 8 August elections and another three were killed during the October re-run.

All these reported incidents have been denied by the police.

A recent survey the International Police Science Association ranked Kenya’s police force as the 125th worst-performing out of 127 national police forces studied in 2016.

A supporter of Raila Odinga lies dead after been shot by police. He was “heavily armed” with a water jerrycan. Photographer @BrianInganga was next to him when he was shot. Brian witnessed four unarmed people shot dead today. pic.twitter.com/sK5TMa8m0N

— Boniface Mwangi (@bonifacemwangi) November 17, 2017

On Friday, at least five people were killed as the police tried to disperse supporters accompanying opposition leader Raila Odinga from the Jomo Kenyatta International Airport according to the police.

“These incidences occurred before the police arrived at the various scenes,” the police said.

In response, Raila Odinga said “My anger is with that guy called Uhuru Kenyatta. I went abroad… After you welcomed me well, he sent policemen to teargas you, to beat my people, to fire bullets at them. Isn’t this barbaric? ” he told his supporters.

In an official statement, Raila said “This is a reckless, incentive and primitive response to a crisis Uhuru Kenyatta himself has created. But it has been carefully planned by Jubilee to create an atmosphere of fear and chaos in which the Supreme Court has to make its ruling.”

According to Raila, “We are sending a clear message to Uhuru and his backers that they are staring at an uneasy calm before the storm. A third Republic is at hand and no amount of violence, intimidation, and theft of elections will deter Kenyans from realising their dream of a government that has their popular mandate.”

Why so much hatred for this man Raila Odinga and his supporters? Why so much hatred for what he stands for?

History won’t be kind to Uhuru & his ilk. Revenge will be served cold but will taste delicious to those who serve it! #RailaReturns pic.twitter.com/cPhkEWf1Ud

— A Karani Onsomu (@erwoti) November 18, 2017

In 2007/2008 polls, the law enforcement agencies were themselves partisan and facilitated the violence by turning a blind eye to the violence which they could have stamped out or prevented.

What does the Constitution say?

Chapter Four of the Constitution of Kenya enshrines the Bill of Rights as an integral part of the country’s democratic state and is the framework for social, economic and cultural policies.

The Constitution stipulates that the purpose of recognition and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realization of the potential of all human beings.

The Constitution further states that the rights and fundamental freedoms in the Bill of Rights belong to each individual and are not granted by the state.  The Constitution says that the rights and freedoms are subject only to the limitations, qualifications set out in the Constitution.

The Constitution at Article 20 provides that the Bills of Rights applies to all and binds all state organs and all persons.  That every person shall enjoy the rights and fundamental freedoms, in the Bill of Rights to the greatest extent, consistent with nature of the right or fundamental freedom.

The Constitution at Article 21 (1) provides that it is a fundamental duty of the state organs to observe, respect, protect, promote and fulfill the rights and fundamental freedoms in the Bill of Rights.

Article 33 of the Constitution entrenches the Constitutional freedom of expression.  It states that every person has the right to freedom of expression and which includes: (a) freedom to seek, receive or impart information or ideas, (b) freedom to artistic creativity, (c) academic freedom and freedom of scientific research.  Article 33 further states that the right to freedom of expression does not extent to:

1.         Propaganda for war

2.         Incitement to violence

3.         Hate speech

4.         Advocacy of hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm.

Article 33 of the Constitution further states that in the exercise of the right to freedom of expression every person shall respect the rights and reputation of others.

Article 36 of the Constitution enshrines freedom of association and states that every person has the right to freedom of association which includes the right to form, join or participate in the activities of an association of any kind.  That a person shall not be compelled to join an association of any kind.

And Article 37 of the Constitution stipulates that every person has the right peaceably and unarmed to assemble to demonstrate, to picket and to present petitions to public authorities.

However, in the face of the clear provisions of the Bill of Rights on the freedoms of expression and association, the rights to assemble, demonstrate, to picket and to present petitions to public authorities, it is arrant nonsense, impunity for the law enforcers to do what they keep doing.

The Presidency under Chapter 9 (The Executive) Article 132 (e) Is a symbol of national unity.

2(a -c) Requires the President to “Respect, uphold and safeguard this Constitution; Safeguard the sovereignty of the Republic and promote and enhance unity of the nation.”

However, his silence in the face of increased human rights violations can be equated to as an endorsement to the killings, maimings of many Kenyan civilians.

The law enforcers must wake up to the Constitutional dictates that no such permission or consent is required in law.

They cannot and will not be permitted to curtail, abridge Constitutional Rights in the guise of advancing political agendas of the President.

The lord of POVERTY & master of VIOLENCE came with his signature chaos, destruction, bloodshed and death. Barbaric, undemocratic&primitive

— William Samoei Ruto (@WilliamsRuto) November 18, 2017

“Why did they shoot my son?” Kisumu mother’s question underlines the human cost of Kenya’s controversial election re-run. pic.twitter.com/514FEZlakL

— BBC Africa (@BBCAfrica) October 31, 2017

Kenyans be very afraid when the police ignore the constitution and issue illegal orders. @UKenyatta you look weak when police illegally stop @RailaOdinga supporters from receiving him. Self defeating strategy. pic.twitter.com/4tVdKyBH7R

— Boniface Mwangi (@bonifacemwangi) November 17, 2017

Photos used I Courtesy