KENYA-POLITICS: BAN ON INSULTING PRESIDENT ROCKS OPPOSITION

By IPS Correspondents Reprint | | Print |

CHARLES WACHIRA

NAIROBI, Feb 17 1995 (IPS) - A DECREE BY PRESIDENT DANIEL ARAP MOI ORDERING THE POLICE TO ARREST ANYONE WHO INSULTS HIS OFFICE HAS STUNNED KENYA’S OPPOSITION.

THEY ARE NOW UNCERTAIN HOW FAR THEY CAN CRITICISE THE HEAD OF STATE BEFORE BEING PICKED UP.

AND THEY ALREADY HAVE CAUSE FOR CONCERN. THE POLICE WEDNESDAY SEARCHED THE HOMES OF OPPOSITION LEGISLATORS PROF. PETER ANYANG NYONGO AND LINUS POLO OF THE FORUM FOR RESTORATION OF DEMOCRACY (FORD)-KENYA AND DETAINED NYONGO FOR FOUR HOURS.

“THEY (POLICE) WANTED ME TO RECORD A STATEMENT ABOUT A FUNERAL I HAD ATTENDED BACK HOME WHICH THEY FELT HAD BEEN TURNED INTO A POLITICAL RALLY. THEY ALLEGED THAT I HAD INSULTED THE PRESIDENT BECAUSE I HAD QUESTIONED MOI’S ALLEGATION THAT UGANDA WAS HARBOURING GUERRILLAS SAID TO BE READYING THEMSELVES TO OVERTHROW HIS GOVERNMENT.”

NYONGO, WHO REPRESENTS THE KISUMU RURAL CONSTITUENCY IN WESTERN KENYA, EXPLAINED THAT HE HAD SAID THAT IF THE PRESIDENT HAD HIS FACTS RIGHT AN EXTRADITION ORDER COULD BE ARRANGED BETWEEN THE GOVERNMENTS OF THE TWO NEIGHBOURING STATES.

“ACCORDING TO THE COUNTRY’S LAWS, THERE EXISTS A CLAUSE THAT ALLOWS COMMONWEALTH COUNTRIES TO SIGN ACCORDS ALLOWING EXTRADITION OF INDIVIDUALS IDENTIFIED AS POTENTIAL REVOLUTIONARIES AND MOI, RATHER THAN MAKE STATEMENTS THAT CAUSE BAD BLOOD BETWEEN NEIGHBOURING STATES, SHOULD HAVE USED THIS CONSTITUTIONAL PROVISION,” SAID NYONGO.

AS SOON AS NEWS REACHED THE OPPOSITION RANKS THAT SOME OF THEIR COLLEAGUES HAD FALLEN FOUL OF THE PRESIDENTIAL DECREE, 27 OF THEIR MEMBERS LED BY THE OFFICIAL LEADER OF THE OPPOSITION, MICHAEL KIJANA WAMALWA, CALLED A NEWS CONFERENCE IN NAIROBI.

“IF PRESIDENT MOI CANNOT STOMACH CRITICISM THEN HE HAS NO BUSINESS BEING A POLITICIAN LET ALONE THE PRESIDENT OF THIS COUNTRY,” SAID WAMALWA FRIDAY.

ANOTHER OPPOSITION LEADER, JAMES ORENGO, WHO IS THE SECOND VICE CHAIRMAN OF FORD-KENYA, SAID MOI WAS “STRUGGLING TO KILL THE OPPOSITION AND WAS PARANOID OF CRITICISM”.

SPEAKING AT A PUBLIC MEETING FEB 13 IN HIS HOME DISTRICT OF BARINGO, MOI SAID HE HAD TOLERATED ENOUGH FROM THE OPPOSITION “AND IF THEY INSULT ME AGAIN THE POLICE SHOULD ARREST THEM AND CHARGE THEM IN A COURT OF LAW.”

THE DECREE COMES IN THE WAKE OF CRITICISM LAST MONTH BY LOCAL GOVERNMENT MINISTER, WILLIAM OLE NTIMAMA, WHO ACCUSED THE LATE HEAD OF STATE, JOMO KENYATTA, OF “HIJACKING” THE ORIGINAL CONSTITUTION AND REPLACING IT WITH ONE THAT PROTECTED THE INTERESTS OF HIS KIKUYU ETHNIC GROUP.

THE LOCAL GOVERNMENT MINISTER CHARGED THAT IN DOING SO, KENYATTA “DEMOLISHED ALL INSTITUTIONS THAT WERE SUPPOSED TO HAVE NURTURED DEMOCRACY AND THE RULE OF LAW.”

FIRST TO CENSURE THE MINISTER WAS MOI HIMSELF, WHO ROSE IN DEFENCE OF KENYATTA SAYING THE LATE PRESIDENT WAS A LEADER OF NOBLE IDEALS WHO SHOULD NEVER BE ATTACKED IN ANY MANNER.

CHAIRMAN WILSON NDOLE AYAH OF MOI’S RULING KENYA AFRICAN NATIONAL UNION (KANU) ALSO SAID THE INSTITUTION OF THE PRESIDENCY WAS BEYOND REPROACH.

“FOR THE SAKE OF THE COUNTRY’S STABILITY, THE INSTITUTION OF THE PRESIDENCY SHOULD BE RESPECTED. THE HOLDER OF THAT OFFICE IS NO ORDINARY POLITICIAN. ABUSING HIM IS TANTAMOUNT TO DOING A TREASONABLE ACT,” HE SAID IN A STATEMENT.

KANU’S COMBATATIVE MOMBASA-BASED, SHARRIF NASSIR, SAID THAT THOSE ABUSING THE PRESIDENCY WERE “LIKE CHILDREN WHO RAPED THEIR MOTHERS”.

“SUCH PEOPLE NEED NO FORGIVENESS. THEY SHOULD JUST FACE A COURT TRIAL FOR TRANSGRESSING THE COUNTRY’S LAWS,” SAID NASSIR.

“YOU DON’T HAVE TO CALL THE PRESIDENT ‘DOG’ TO BE TOLD THAT YOU ARE ABUSING HIM,” POINTED OUT LAW LECTURER DR. OWITIO OKOTH. “ALL THAT ONE NEEDS TO DO IS POINT OUT THAT HIS ESTABLISHMENT IS DOING SOMETHING WRONG, THEN YOU WILL BE BRANDED A DISSIDENT.”

ACCORDING TO THE SENIOR LECTURER AT THE UNIVERSITY OF NAIROBI, THE PROBLEM OF HOW FAR ONE CAN CRITICISE THE HEAD OF STATE HAS BEEN COMPOUNDED BY PUBLIC ADMINISTRATORS WHO ARE WILLING TO INTERPRET THE LAW “IN A MANNER THAT PLEASES THE PRESIDENT”.

“IF THE ATTORNEY GENERAL CAN BREAK THE LAW WHEN HE DISHONESTLY SAYS THAT ‘SAVE FOR THE PRESIDENT NO ONE IS ABOVE THE LAW’ THEN IT IS NOT SURPRISING TO HEAR THE PRESIDENT ISSUING ILLEGAL DECREES.”

THE LECTURER ALSO POINTED OUT THAT THE INSTITUTION AND THE PERSON HOLDING THE OFFICE HAD BEEN MADE AS ONE “CREATING CONFUSION IN THE MINDS OF THE MASSES”.

LIKE ELSEWHERE IN THE DEVELOPING WORLD WHERE PATRONAGE IS THE NORM, THE PRESIDENT DETERMINES WHO BENEFITS FROM HIS RULE.

TOP POSITIONS IN PUBLIC OFFICES AND IN THE MILITARY ARE OFTEN OCCUPIED BY INDIVIDUALS FROM THE PRESIDENT’S COMMUNITY ALLEGEDLY TO SAFEGUARD THE PRESIDENCY FROM “GOING TO OTHER TRIBES”, ADDED THE LAWYER.