Kajwang’ death a loss beyond words

They say when death strikes, man has no say.

I first met Kajwang’ in the mid-1980s when he was  a budding student leader at the University of Nairobi.

Being a former student leader myself, he wanted to engage me on a number of issues.

Our subsequent meetings would be in courts as we mostly found ourselves on the same side, dealing with the same orientation of clients — victims of the oppressive regime.

Kajwang’ was not a career politician.

With this fact in mind, you would then be able to understand his consistency in public life right from his days at the Universities of Nairobi and Makerere.

In the early days, I thought he was a reluctant politician. In 1994, a vacancy occurred in Mathare Constituency and because he had sharpened his claws in Ford-Kenya, we thought he was the ideal choice.

When I approached him, he turned down the idea of contesting. To him, time was not ripe. We were wrong to think it was the most natural thing to do.

Unknown to many, Kajwang’ was a selfless leader who was always ready to take risks for the public good. I say this because there were moments he could have chosen to take the easy path.

After 1997 when he was elected Mbita MP, it was very easy to fall back like many politicians did on being lured by Moi’s dictatorial regime but he never made compromises.

JEFFERSON IDELOGIES
Kajwang’ lived the ideology of Thomas Jefferson that when it comes to principles, be firm.

Having worked with him in Parliament, Cabinet and Cabinet sub-committees, I can say without fear of contradiction that he always stood for what was right.

He commanded immense respect from his juniors and seniors alike.

He was a strong voice in the Cabinet. I cannot recall a day President Mwai Kibaki intervened when he was talking as he knew what to say and when.

Being a strong pillar in the ODM side of the coalition, he sat in almost every important Cabinet sub-committee, including the one on ICC.

He was an eloquent and a good debater in Parliament. Even in his last day in the Senate, he demonstrated his oratory prowess, conviction and passion by giving a powerful speech on security.

It is difficult to enumerate his contribution to hundreds of Bills in Parliament but he demonstrated a broad understanding of issues and was never lost for words.

He always observed the rule of relevance.  In House committees, he was not the type who only came in to register his presence and leave. He gave his best.

OPENED DEMOCRATIC SPACE
In his legal practice, he was not guided by the material things or the drive to make quick money and his nature of clientele tells it all.

He represented political detainees as well as student leaders who had been arrested by the despotic Kanu regime. He was into public interest and also engaged a lot in pro bono litigation.

When all of us were in practice, I would turn over a number of sedition cases to him in instances where I was overwhelmed.

I remember an incident at the advent of pluralism when the AG introduced an amendment to the National Assembly and Presidential Elections Act to change a clause which said that political parties would be given not less than two weeks to carry out nominations in place of not more than two weeks. That threw opposition parties like Ford-K and DP into disarray.

Acting for Jaramogi Oginga Odinga, Mr Kajwang’ took up the matter and sought a declaration that the move was ultra vires and therefore null and void.

The case was successful and we were able to have sufficient time to nominate our candidates ahead of the 1992 elections.

He also represented Mr Odinga in a number of landmark cases that opened the democratic space and advanced the fight against corruption.

POLISHED GENERAL
I recall a private application he filed before a magistrate on behalf of Mr Raila Odinga seeking to have Vice-President George Saitoti prosecuted in relation to his alleged involvement in the Goldenberg scam.

He succeeded to obtain leave to institute criminal proceedings against Prof Saitoti but the AG again invoked section 26 of the last Constitution and terminated the case.

Mr Kajwang’ went to the High Court to challenge this but he did not succeed. The prosecution, however, brought into question the law that gave the AG absolute discretion over cases.

Mr Kajwang’ had the exceptional gift of preparing for cases and executing them and it was unfortunate that he chose politics over legal practice.

But I must add that all was not lost because even in politics, he has left an indelible mark as he never used politics for self-aggrandisement.

We have lost a polished general but the loss is beyond repair for Mr Odinga.

Mr Kajwang’ has been with him the whole of his political life. He was not just a confidante but a trusted partner. He was neither a sycophant nor a court jester.

He was his adviser. His work with Mr Odinga was on the basis of shared ideology and his persuasion was about grand ideas.

VERY CHARISMATIC
Within ODM, he was a champion of strict party discipline. He wanted a party where members were consciencetised and followed party ideology.

He had no room for leaders who kept saying that political parties were like shirts to be worn today and discarded tomorrow.

Kajwang’ was a shrewd crowd puller. You would not go to a public rally without people demanding that he speaks — and he never disappointed.

I dare say that it is difficult to find someone with strong views like he did yet still be humane and humorous.

The Homa Bay Senator held no grudge against anybody in our politics that is sometimes characterised by high octane drama. He brought so much love, so much music and so much humour into our politics.

One of those many instances of humility came about two weeks ago when we were going for party meeting in Oyugis.

HUMANISE POWER
He was supposed to fly with Mr Odinga in the same chopper but changed his mind on the eve of the journey, arguing that being the host, he needed to go in advance and put the house in order.

He called to say he was surrendering his seat to me since he would go by road.

He did not have to call me over that because Mr Odinga would have found a replacement himself but he insisted I take his place.

It showed a lot of love and care on his part. Kajwang’ cared about other people’s comfort.

He was always in the trenches with us, beaten and roughed by the police but he was a fearless leader who was ready to die for just causes and he did this deliberately to humanise power.

A very dependable younger brother in the agitation he was. The gap he leaves is huge and I’m afraid not many people are willing to make such sacrifices for their country.

Aluta continua Mheshimiwa.