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Opinion Politics

Opinion: Where does President Kenyatta draw his dislike for the constitution? 

By Dak Buoth Riek-Gaak,

President Uhuru Kenyatta during a military pass out parade (Photo credit: supplied)
President Uhuru Kenyatta during a military pass out parade (Photo credit: supplied)

2nd December, 2021The case of Dr. Miguna Miguna versus the Republic of Kenya is often viewed as a matter between President Kenyatta and the constitution of Kenya. This is because Miguna in his defence is shielding himself with the constitution to regain his birth right provided for in Chapter three Article 14 of the Kenya constitution, 2010. When the state wants to kick Miguna in the face, they first hit the constitution to an extent of mutilating and tearing out all of chapter 4 on the bill of rights. And this makes people, especially the proponents of the constitution, very furious. At times, when one is deprived of his legal rights in contravention of the law, informed and active citizens stand up to defend the law. 

Dr. Miguna Miguna’s woes emanated from his role in the mock swearing in of ODM Leader, Raila Amolo Odinga as People’s President on 30th January 2017 following the disputed presidential election. However, these persistent reprisals against Miguna are uncalled for, because the country is too big to fight or revenge against its innocent citizen, and two, the country is in reconciliatory season dubbed ‘Handshake Project’ which came a result of the President Kenyatta and opposition leader, Raila Odinga burying arches with a view to reunite antagonistic political forces for the sake of peace, Unity and development of country. 

More importantly, the High courts have spoken in favor of Miguna. Thus, the state officers who are barricading Miguna’s way home should be asked ‘quo warranto,’ or by whose authority and mandate are they barring Miguna from returning back to Kenya? 

Dr. Miguna Miguna is a typical Kenyan who is a consistent social Justice crusader. Further, he is a hardworking and patriotic son of the soil whose sweat has cemented the foundation of Kenyan democratic society which President Uhuru is leading as head of state. 

The act of deporting Miguna to Canada, the country of our former colonizers, is an insult to the person of President Uhuru, who is the son of one of Africa’s independence heroes. President Uhuru’s father, Jomo Kenyatta was one of the fathers of Pan Africanism. 

Dr. Miguna Miguna is a certified and brave Pan Africanist. I gladly recalled in Jan 2014, fortnight after South Sudan plunged into civil war that killed 500,000 people, Miguna was the first Kenyan intellectual to pen an article titled ‘‘South Sudan Crisis due to Corruption and Tribalism,’’ which I totally concur with.  It would be better to arrest and detain Miguna incommunicado than to send him to Canada or Europe. Africa wants Miguna home and Kenya needs him more to come and continue with the quest for social justice. 

In the 1960s, former Jamaican Prime Minister Norman Manely sent a 10-man delegation of Africans who were seeking justice and repatriation to Africa. They came and met independent African Leaders of Ethiopia, Ghana, Nigeria and Sierra Leone. 

The First Chairman of the Organization of African Unity (OAU), His Mighty King Emperor Haile Selassie said to them ‘‘People of the West who are black and of African descent, as long as you are black and of African descent, you’re entitled to come, the land is here for you.’’

President Kenyatta’s roles in the Kenyan constitutional making process are huge. But the head of state risks erasing his positive contribution by disregarding the court rulings. The below named violations outweigh and override his past performances. Notably, the President’s refusal to appoint and swear in the three court of appeal Judges that were interviewed and approved by judicial service commission (JSC), and his sheer disregard of the high court rulings in Miguna’s case are an affront to the constitution and the rule of law. Dr. Charles Moitui in his lecture delivered on 1st December, 2021 stated that, the opposite of the rule of law is ‘arbitrariness’, which means, a decision based on personal whim mostly by leader/s in power. 

To put the argument straight or plain, I would say that, the issuance of ‘red alert’ that prevented Miguna from boarding a plane back to Kenya on 15th November plus non compliance with various court rulings makes the me apportioned blame on the executive arm of government headed by President Kenyatta. 

The state is not only retaliating against Miguna for swearing ODM Leader alone, but it is fighting back on the law and its interpreters for the losses and humiliations incurred by state in the past events. Human beings can be emotional and they are not immune from making mistakes, and presidents or leaders are no exception. There are unforgettable occasions where President Kenyatta came into conflict with the law without being spared. And I think this is where he draws his ire with the constitution and international law.  

First, in October 2014, he step-down to attend a court hearing at the International Criminal Court (ICC) after the court rejected his request to participate in the video. 

Second, in 2017, the Supreme Court of Kenya nullified his election victory and called for rerun citing irregularities during the election process, and third, was the nullification of his Building Bridges Initiative (BBI) by court of appeal in August 2021. 

In view of the above, I doubt if the Kenyan judiciary or defense counsels for Miguna will succeed in bringing him back to Kenya on time. Therefore, I suggest that Miguna’s case should be given a trial by the respected Luo council of Elders. On many occasions, I have seen the president having respect for the elders and youth. The Luo elders should use their abundant wisdom and diplomatic means to make the president’s temper slow down by locating exactly where Miguna’s placenta was buried. Perhaps, this will make the head of state get convinced, if at all he still believed Miguna was not a Kenyan citizen by birth. The Luo council of elders should not remain mum on this matter anymore, because it is their biological son that is being stripped of his birthright by force. Now is the time for the Luo community leadership to think of borrowing a leave from the parable of the lost sheep in Matthew 18:10-14 where ‘‘Jesus stresses that when the shepherd finds the lost sheep, he rejoices over it more than the 99 who did not go astray.’’ 

Even though Miguna has of late become a thorn in flesh of Former Prime Minister, Raila Odinga alias Baba or Jakom, who is the kingpin of the Luo community, the Elders should get involved and intervene positively in the manner that can restored national peace and the rule of law in Kenya.

The Writer is the Chairman of Liech Community Association in Kenya; the views expressed here are his own, and he can be reached for comments via eligodakb@yahoo.com 

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1 comment

Gol Bol December 3, 2021 at 2:16 am

Mr. Dak Buoth Riek-Gaak,

Opinion: Where does President Kenyatta draw his dislike for the constitution?

MMister, that is why Muonyjaangs/Jaangs/Jenges/Dinkas of the Sudan and Egypt always conssider Nuers ke nyantoc as piece rubbishes. Miguna Miguna is a canadian cititizen. Kenya has ‘a policy of another citizien cannot vote and interfer in country affair. Kenya has a big population in a small country than South Sudan with no reosurces. And that why they kenyan government came up with the idea that Kenyan citizen of another country will be allowed to go and game in ineternal politics. Do you understand Mr. Dak Buoth Riek-Gaak?

I studied at Nakuru school, after I was injured very bady at the battle of Kapoeta, Eastern Equatoria, in 2002. Kenyans teach civic education very to their citizens and other non citizens, it is very good for everyone. Nakuru High school teaches: African religions, socail and ethic, islam religion and Hindu religion. Probabbly the easiest to get an ‘A’ were *Islam, Hindu and Christiain relligion, African religian, social education and ethics were very difficult to get an ‘A’ not because they difficult but is a big conentinent. Then small libray of Nakuru high school. Some were told Kenyan national acrhives, to find out what is what.

Pay teachears very teachers very and respect young people, they are as dumb as you think. They are even well eduacted their profesors. in South Sudan, your mum, your father, grandma/grandpa if your are lucky to have them, respect your teachers, elders, respect others and you will be like everybody else.

Respect and hardwork pays. Here in our our Nilotic plains and valleys. I don’t think, there are some evils can play balls or chess game with us, not any.

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