The government is playing with fire in the coast

Mombasa Governor Hassan Joho (centre), Mvita Member of Parliament Abdulswamad Nassir (left) and Kisauni legislator Rashid Bedzimba in the county on March 28, 2017. PHOTO | KEVIN ODIT | NATION MEDIA GROUP

What you need to know:

  • Acts of intimidation may be a source of amusement for the chattering classes.
  • However, for those concerned about respect for due process and the rule of law, they are very disturbing.

Last week, I was privileged to attend a celebration to honour the Makonde community in Kwale. After an 80-year struggle for recognition, dignity and citizenship, their joy was uncontainable.

Nelson Marwa informed them they were now free to enjoy all the benefits of the Constitution with regard to employment, services, leadership and travel. However, in the same breath, he announced that Mombasa Governor Ali Hassan Joho would not enjoy the same rights as his political activities would be confined to his own county. No surprise then that one hour later GSU officers forcefully dispersed a crowd waiting to receive Mr Joho in Kinango, 70 kilometres away.

Earlier last week, the Kenya Revenue Authority ordered two banks to freeze Mr Joho’s accounts. This was another illegal decree as it was not backed up with any High Court order. Now this week Kenyans have been entertained with the public circulation of a two months old letter from the Kenyan National Examinations Council to the Directorate of Criminal Investigations boss regarding the credibility of examination results allegedly forged by Mr Joho. The drama goes on, and I guess that soon Mr Joho’s birth certificate and citizenship will be interrogated.

CHATTERING CLASSES

These acts of intimidation may be a source of amusement for the chattering classes but for those concerned about respect for due process and the rule of law, they are very disturbing events. They appear sequenced, coordinated reactions to Mr Kenyatta’s spat with Mr Joho. It is deeply worrying when independent institutions established to serve the public equally and fairly have been roped in to settle political scores and serve the short term punitive plans of the Executive.

The current tendency of national commissions and public institutions to cow to Executive orders shows utter contempt for the Constitution and is returning Kenya to the dark days of Daniel arap Moi’s dictatorship. This is not a defence for Mr Joho. Indeed, his time would be better spent cleaning up the city, mopping up the floods and taming the youth gangs instead of turning his harassment into an opportunity to garner votes. This is, however, a defence of the rule of law – a demand for consistency in its application and integrity in its institutions.

UNACCEPTABLE SILENCE

What we are witnessing in the coast does not augur well for a peaceful and fair election in August. Worse still, the silence, indifference and incompetence of constitutional commissions in the face of severe threats to the welfare of the nation is unacceptable. The Constitution states that "elections must be free from violence, intimidation, improper influence and corruption" (Article 81). But does this apply to the coast?

The Ethics and Anti-Corruption Commission has become a clearing house while the KNCHR rudderless and weak at the critical hour.

The NCIC conceals its cowardice by claiming funds are inadequate and their governing law weak. The IEBC says nothing convincing on preparedness and tenders, so public confidence is eroded, while the jury is out on the Judiciary and its new Chief Justice.

In the words of Prof Yash Pal Ghai, this country is in great peril right now. If the trend continues, where will Kenya be in four months?

@GabrielDolan1