These proposed laws can only negate the liberty that we fought so hard for

What you need to know:

  • Many lost their lives, were incarcerated for long periods, subjected to torture and degrading treatment, and stripped of their land and property and reduced to penury so that we can enjoy the liberties we take for granted today.
  • They are the heirs and successors of the old dictatorial lootocracy, and hence the enthusiasm with which they sponsor laws that will allow them to oppress their citizens.
  • I have warned before that the Kanu regime of Jomo Kenyatta and Daniel arap Moi lives on in the administration of President Uhuru Kenyatta and Deputy President William Ruto.

We seem to love taking one step backwards for every two forward on our march towards a progressive, democratic nation anchored on the rule of law.

Nothing exemplifies this more than the desperate manoeuvres through which the Jubilee coalition government tries to introduce laws, many of them patently unconstitutional, designed to roll back the gains of transition to a multi-party democracy and attainment of a new Constitution.

Our independence from colonial subjugation in 1963, the Second Liberation in 1992 that consigned to the dustbin of history the oppressive and dictatorial one-party Kanu regime, and the enactment of the new Constitution in 2010 that codified into law the gains of the struggle for freedom and human dignity were all important steps in our evolution to a modern, democratic State.

That tree of liberty was watered with human blood. Many lost their lives, were incarcerated for long periods, subjected to torture and degrading treatment, and stripped of their land and property and reduced to penury so that we can enjoy the liberties we take for granted today.

Unfortunately, those in power today have no appreciation of the sacrifices others made so that they could enjoy power. They are the heirs and successors of the old dictatorial lootocracy, and hence the enthusiasm with which they sponsor laws that will allow them to oppress their citizens.

We have seen in the recent past how the threat of terrorism has been used as an excuse to introduce oppressive laws that will silence the legitimate political opposition, curb independent voices in the media and civil society, restrict freedom of speech, movement, and association, and generally trample on human rights.

First were the laws written to silence probably the most robust, free, and independent media in Africa. Then came measures to shackle civil society groups that have, since the advent of the struggle for democracy, kept the spotlight on government malfeasance.

When those measures failed to stifle independent watchdogs of society, the government tried to introduce, through the backdoor, the very laws that had failed to pass muster in Parliament or been blocked by the courts.

First was a whole slate of security laws, supposedly to bolster the war against Al-Shabaab, but in reality, designed to aid the backward march to dictatorship by silencing dissent and limiting constitutional freedoms.

Some of those proposed laws predictably could not pass muster in a country governed by a liberal and progressive Constitution. The government did not lick its wounds for long before coming up with even more outrageous proposals in the amendments to the Kenya Defence Forces Act.

I have warned before that the Kanu regime of Jomo Kenyatta and Daniel arap Moi lives on in the administration of President Uhuru Kenyatta and Deputy President William Ruto.

The Jubilee regime would like nothing better than to roll back the clock and recreate the dictatorial, oppressive, and thieving ways of its mentors.

I have also expressed fears that this regime is exploiting the terrorism threat to limit civil liberties, entrench its hold on power, and insert military dictatorship into governance. These fears are confirmed with probably the most dangerous piece of legislation to be proposed in independent Kenya.

On the surface, the Kenya Defence Forces (Amendment Bill), 2015 might seem like a good piece of legislation required to streamline the administration of the military and provide for speedier and more effective deployment in response to the terrorist threat, but the devil is in the details.

It will weaken civilian oversight over the military, allow wide-ranging military involvement in internal security matters, allow the arming and deployment of militias in domestic affairs, and weaken public audit on security budgets.

In other words, conditions are being created for the institution of a permanent state of emergency, martial law in all but name and, ultimately, the drifting to a military dictatorship.

If the very real threat from Al-Shabaab provides the rationale for this extraordinary laws, one must wonder whether the terrorist group is not a creation of those politicians who need every excuse to satisfy their craving for absolute power. And absolute corruption.

[email protected]. Twitter: @MachariaGaitho