Deal with lingering issues to save country from implosion

Marijuana is illegal in Kenya. It is, however, not illegal to lobby for the decriminalisation of the drug that makes some users very happy and giggly.

It is not a criminal offence to sing high praises, pun fully intended, for the uplifting or liberating effects of what some users insist is merely a much less harmful herbal alternative to other highs.

Something might be illegal, but that does not make it illegal for one to proclaim support for it.

This basic principle should be clear to anybody with a modicum of common sense, let alone those fellows who pompously address each other as ‘Learned friend’.

SECURITY
What a pity, then, that such rudimentary knowledge presently seems alien to those boasting a monopoly of power.

When President Uhuru Kenyatta threatened to unleash the state security machinery on those crossing the ‘Red Line’, he neglected to mention what particular laws they might be breaking.

He only talked in vague generalities about opposition incitement and his duty to protect security and territorial integrity.

The President was speaking in reference to plans by the National Super Alliance (Nasa) to swear-in opposition leader Raila Odinga as the ‘People’s President’.

DISSENT

There is also the launch of “people’s assemblies”, as well as talk of secession.

None of that, despite all the threats, bluff and bluster, is illegal or unconstitutional.

President Kenyatta would do much better for himself by acknowledging the very real grievances driving half the country to desperate measures.

Unleashing state terror will serve only to drive dissent underground.

In my own view, however, the Nasa moves fall short of solid justification.

SUPREME COURT
We all applauded when Mr Odinga and running mate Kalonzo Musyoka secured a historic Supreme Court annulment of President Kenyatta and Deputy President William Ruto’s illegal and irregular August 8 electoral victory.

Many understood when the Nasa duo pulled out of the repeat poll, citing refusal by the electoral body to guarantee a free and fair election.

However, withdrawal lost Nasa room for manoeuvre, and left it with diminishing options when the same court turned down petitions challenging the Jubilee victory at the second time of asking.

We trusted and applauded the court ruling on the first election, so we have absolutely no justification to reject the one on the repeat poll.

ELECTION

Nasa is now bandying about numbers it claims prove that Mr Odinga and Mr Musyoka won the first presidential poll.

But they could also be numbers plucked out of thin air, just like the phantom numbers displayed to claim victory before release of the annulled election results.

Now, this is not to suggest that Mr Kenyatta won fair and square.

He secured an overwhelming but hollow victory in the repeat boycotted by the main opposition, and to that extent won only a very questionable mandate.

GRIEVANCES
The uncertainty and lack of confidence is visible in the body language, the empty threats, and constant self-proclamations of power and authority.

President Kenyatta presides over a country that is deeply divided, and the rifts will not by healed dictatorial fiat.

Beyond Mr Odinga’s quest for electoral justice lie serious national issues that must be resolved to save the country from certain implosion.

We have issues beyond the "Odinga-ism" grievances based on decades of betrayal and exclusion, and "Uthamaki-ism" arrogance of power.

These can only be resolved throw a genuine national dialogue.

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The Constitution guarantees freedom worship. This does not extend to the right disturb the peace.

Residents in the environs of Kilimani Primary School are in a living hell because of an all-day racket every Sunday.

Some ‘Prophet’ has hired the school grounds, and installed giant loudspeakers that shake houses within a radius of at least a kilometre.

I don’t begrudge Kilimani Primary earning some money from the preacher, but the school administration should understand that the racket isn’t good for community relations.

POLLUTION

They should ask the preacher to turn down the volume, failing which the National Environment Management Authority, the Nairobi County Government and Kilimani Police Station should step in.

They have done so in the past against nightclubs that have ignored laws on noise pollution; so churches, mosques, temples and other houses of worship should be no exception.

We cannot have selective application of the laws.

Email: [email protected] Twitter: @MachariaGaitho