State determined to roll back freedom gains with draconian security laws

What you need to know:

  • The amendments look suspiciously well planned, rather than an urgent response to the horrible terrorist attacks. Bringing the changes in mid-December when people are focused on the holidays, exam results and next year’s school fees is perfect for sneaking in repressive legislation.
  • The Cold War played a significant role in this new post-colonial dispensation as it was easier to maintain power with the support of one or the other of the world powers. Leaders only had to ensure the support of the military and security sector to maintain themselves and their thievery.
  • Make no mistake: The race to the bottom is on, and many of those supporting these amendments to downgrade the Constitution will regret it.

The Jubilee regime has scarcely hidden its disdain for the present Constitution, openly preferring to concentrate power at the centre, replicating the Imperial Presidency of the Nyayo error (era).

It has lambasted the Judiciary when constitutional checks and balances have been used to curtail some of its excesses. It has ignored the constitutional role of the Senate in making laws.

And it has strengthened the provincial administration, which the Constitution wanted to eliminate, weakening county governments.

And now it wants to dismantle the Bill of Rights, and increase presidential powers through the backdoor of ordinary legislation, rather than seeking constitutional changes that would need way more public participation than the sudden pro-forma one-day session held this past Wednesday.

The amendments look suspiciously well planned, rather than an urgent response to the horrible terrorist attacks. Bringing the changes in mid-December when people are focused on the holidays, exam results and next year’s school fees is perfect for sneaking in repressive legislation.

And sadly, though touted as efforts to strengthen our security, a lot of the amendments are about reducing our hard fought rights, and restoring the Imperial Presidency. For they don’t address the core weaknesses of our insecurity: Nowhere do we see any response to the endemic corruption, ethnicisation and politicisation of our security agencies and government which make it easier for terrorists to thrive.

The amendments propose holding suspects — including a new and vaguely worded crime called “terrorist sympathiser” — for up-to a year in pre-trial detention.

DETENTION WITHOUT TRIAL

This is essentially the return of detention without trial. Prepare to see torture and the use of this new crime to hound dissenters and the media.

This hardline approach and increasing militarisation of the country is a direct page from colonialism. The regime may call its critics and independent voices neo-colonialists, but their actions speak the truth about their affinity for matters colonial.

Colonialism was based on force and hardline approaches as the only means that an obviously racial minority could exercise power, as it also engaged in the pilfering of resources and endemic corruption.

The security sector was the only one that was strengthened and entrenched. For it was the only one capable of subjugating the majority.

But rather than creating new and strong institutions that would epitomise the new independence, our political class decided to emulate the former colonial rulers in accumulating wealth and crashing all forms of dissent. Thus we achieved independence without freedom.

The Cold War played a significant role in this new post-colonial dispensation as it was easier to maintain power with the support of one or the other of the world powers. Leaders only had to ensure the support of the military and security sector to maintain themselves and their thievery.

It is this that the constitutional reform movement sought to address peacefully, just as the Mau Mau — using violence — and nationalist leaders tried in the 1950s.

LOST OUT

But our pre-independence freedom fighters lost out to the homeguards and colonial sympathisers.

And it seems today that the efforts to return us to the colonial rule of Imperial Presidency, no questioning of power, cementing the militarisation of Kenya and encouraging the corrupt predatory behaviour of those in power continue.

Make no mistake: The race to the bottom is on, and many of those supporting these amendments to downgrade the Constitution will regret it.

Just ask Oginga Odinga, who supported the emergence of the de facto one party state in 1965, or Charles Njonjo and Mwai Kibaki, who led the constitutional change for a de jure one party state.