Advice to Jubilee: The more violence against Nasa, the more opposition

In 1997, I was invited to a meeting by then United States Ambassador to Kenya Prudence Bushnell, who, along with Johnnie Carson and Mark Bellamy, was one of the better American US diplomats to our country.

This was when civil society was leading mass action to force the Moi regime to accept the need for a new constitution.

The mass action was simple but dangerous due to police brutality. We gathered every Saturday morning for demonstrations that would be brutally dispersed by the police. Despite the dangers, civil society — led by Prof Kivutha Kibwana and Rev Timothy Njoya, one of a few Christian leaders who truly believe there is heaven — was resolute.

They inspired some courageous opposition politicians to join in regularly. The figures  included Mr Raila Odinga, Mr Paul Muite, and Mr James Orengo.

Even Mr Mwai Kibaki took part in his first and only protest.

NEGORIATIONS

Despite the beatings, teargasing and killing of demonstrators, the protests grew bigger and bigger each Saturday, eventually forcing President Daniel arap Moi into negotiations.

The meeting with Ms Bushnell revolved around the mass action. She accused us of irresponsibility in coming out to march, knowing full well that the police would brutalise us.

I was surprised, since she consistently publicly raised the role of Dr Martin Luther King Jr and took pride in the achievements of the US civil rights movement.

I explained that we had a right to assembly in our constitution and in international human rights law. In fact, it was the regime’s efforts to deny our rights that were illegal, based on nefarious laws.

I reminded her of Dr King’s views that humans were not obliged to follow illegal laws and that his Nobel Peace Prize was for civil disobedience campaigns.

HUMAN RIGHTS

The state does not give us human rights. They are inherent in us as human beings and codified in constitutions. As long as we are peaceful, then they are lawful, even if others may not agree with the substance of the protests.

What is insulting about the US Embassy’s warning to the opposition on its plans for December 12 is that it applies a lower standard for us than what Americans enjoy under their first amendment.

It is nobody’s business what the opposition does on December 12 as long as the intentions are peaceful. That is what international laws and standards state, and the US — with its history of civil rights and women’s rights — should be embarrassed that its embassy can be so negative about the exercise of rights, and arrogantly state so publicly.

That is imperialism. Simple. But the US Embassy’s views also betray the fact that behind all the public statements of non-bias in the elections, it has had a view and a position.

That is okay, but it needs not have tried to mislead us.

LEGAL MIND

Let me be clear because our once knowledgeable Attorney- General’s legal mind seems to have been blunted significantly for a while now and he does not seem to be able to differentiate between law and politics.

If the National Super Alliance (Nasa) decides to swear in its leader, Mr Odinga, that is fine. It is the coalition’s right to do so. Of course, that will have no legal impact but clearly it is meant to assert legitimacy, something that Mr Uhuru Kenyatta, despite his legal status, does not have. Legitimacy cannot be forced.

As long as the event is planned to be peaceful — which it will be if the police just keep off, or if they do their job of facilitating the assembly — it is fine.

That is the standard in international law and our Constitution.

VIOLENCE

Of course, Nasa is trying to raise the political temperatures and tensions. That is the very purpose of lawful non-violent action as practised in India with Mahatma Gandhi, the US with Dr King, South Africa with its mass actions of the early 1990s and afterwards, and in Kenya in 1997.

Some advice to Jubilee for free: The more attention and violence you dedicate to Nasa’s lawful events of December 12, the more they are legitimised and expose your weakness. Coming just after the disgraceful episode with Dr David Ndii, who was arrested before investigations, Nasa may achieve its objectives sooner than they imagined.

Maina Kiai is a human rights activist and co-director at InformAction. [email protected]