Over the past two weeks, many Kenyans have been debating the meaning, place and relevance of the reform movement, particularly in the context of the ongoing constitutional implementation process. Is there a contradiction between personal interests and public interest?
In email exchanges between my friends, an eminent American jurist - who also happens to be Kenyan - and another friend of mine who was asking me to “go slow” on Raila Odinga, the former stated the following: “In your advice to Miguna you have provoked the classical debate between personal interest vs. public interest. Miguna's attempt to assert his individual rights as enshrined in the new constitution appears to be personal interest while Raila's role as ‘the only reformer among the current crop of presidential candidates’ seems to be public interest.
The fear amongst many Raila supporters seems to be that Miguna's aggressive assertion of his individual rights may negatively affect Raila's presidential candidature and therefore a threat to the reform agenda which is public interest numero uno right now.
Actually this is the insurance that Raila, and the other Luo MPs have against Miguna should he try to make his argument outside the courtroom. They have already projected their game plan against Miguna. They will go to the public and set them against Miguna, accusing him of trying to derail the long-sort Agwambo's presidency and the Reform Movement depending on the crowd.
There are two assumptions which complicates the situation for Miguna. One is that individual rights are generally viewed as personal interest. The second assumption is that the majority always support public interest while the minority support personal interest.
In this instant case, both assumptions are wrong and history is replete with examples where the majority supported personal interest while a very, very small minority supported public interest. This was exactly the case during the early part of the second liberation movement. It has been well established that individual rights is a public interest and Miguna maybe a minority against Raila's humongous political machinery but actually, Miguna is the one fighting for public interest while the majority who believe they are supporting the public interest of reforms are actually fighting for Raila's personal interest to become the fourth president of Kenya.
This is because there cannot be REFORMS without INDIVIDUAL RIGHTS. I think it is very important for Raila supporters to make it clear to him now before he becomes president the value of individual rights in the reform movement and in the way he governs. After he becomes the president, it will be too late and he will be too big and unapproachable because the status quoist will claim him and surround him as soon as he becomes president and the reformist will be on the outside looking in.
The inhumane removal of Miguna is actually to make room for the status quoists in the inner sanctum should Raila become president.” This was in response to an email from a friend based in Kenya, whose primary intention was to prevent “the disagreement with Raila” from degenerating into “a personal feud, complete with verbal fisticuffs” [sic]. He warned that I would come across as “embittered and unable to move on”. “Perhaps you may argue that an unwarranted attack needs a prompt rebuttal.
I believe that right now, you are occupying the higher ground-morally speaking. Please stay there. Do not descend to the abyss that the likes of Jakoyo et al occupy. Secondly, while your issues with the PM are driven by principle, the PNU hounds and the G7 hyenas are salivating, waiting to pounce for the kill. They are loving this. Please comrade do not give them that gleeful satisfaction.
On a broader level, I would be very uncomfortable if Jukwaa metamorphed into an anti-Raila platform. In as much as what happened to you is odious and reprehensible, we cannot ignore the wider politics in the country and in my opinion, Raila Odinga is still firmly in the REFORM camp, despite his inexcusable transgressions against you.
You know that I am definitely in your corner of my own conscious, voluntary conviction so I hope you will take what I have said above in context and in the spirit in which it was said”, my friend concluded.
But the question the eminent American jurist asked remains: Is it possible to have reforms without individual rights? Can anyone be said to be an “embodiment of the reform movement” or “firmly on the reform camp” if he abrogates, violates and tramples upon the individual rights and freedoms of others, especially of his most loyal and dedicated fighters? What exactly have the reformers been fighting for all these years if not for the rights and freedoms of each Kenyan to be respected, upheld and protected?
During the second liberation struggles, many Kenyans were humiliated, brutalised, detained without trial, tortured, exiled and subjected to inhumane and barbaric treatment by the successive regimes of Jomo Kenyatta and Daniel arap Moi. Indeed Raila Odinga and many others served long terms in detention over ‘unfounded allegations’. In one memorable instance, Raila’s wife and children were kicked out of government housing and left homeless; not because of anything they had done, but due to their “connection” to the “dissident”. Those who suffered during that period are now hailed as “heroes” of the second liberation.
What were we fighting for all those years? Essentially, for the right and freedom to speak, associate and organise without hindrance by the state. We were fighting for a better, freer, fairer, more equal and democratic society. We were fighting for the supremacy of the rule of law and the constitution.
Many second liberation “heroes” were detained, jailed, tortured or brutalised for long periods merely because they were found drinking together in Nairobi bars. A few were accused of “publishing seditious literature” more tame than my columns in the Star. In other words, the second liberation was first and foremost about individual rights, without which public interest becomes hollow.
Our individual rights and freedoms – together – is what constitutes public interest. A negation of individual rights, vitiates public interest. If we don’t defend and protect our individual rights today, I can assure you that we will not be able to do so AFTER someone gets into power. Those seeking power must demonstrate today, through action – not mere words – their belief and commitment in fundamental rights and freedoms of EVERYONE.
I have been writing since I was a teenager. For more than thirty years, I have never, ever stated that anyone – Raila included – is an “embodiment of the reform movement”. No one person can be. I have never, ever praised Raila “beyond his rightful stature”, as one delusional character recently claimed. I challenge anyone to show me evidence of such ridiculous assertions.
Truth be told, I have been the only person in government raising questions – publicly and privately - over corruption, tribalism, nepotism, incompetence and cronyism in government, including at the PM’s Office. I raised questions over the maize, Triton and Grand Regency scandals, among others. I did so over the irregular “amnesty” by KACC to Mohamed Isahakia, the PM’s PS, regarding public assets he grabbed from Woodley estate in Nairobi more than 19 years ago. I have raised the red flag over numerous other shaddy deals. These are matters of public record! Indeed, many will confirm that the PM removed me from the Green Joint Secretariat during the referendum because I opposed the looting and mismanagement of more than Sh1.25 billion of public funds by both sides of the coalition. This matter is currently in court, pending resolution.
Apart from Salim Lone (who was also edged out two years ago), I have been the only senior member at the PM’s office and think tank who has been consistently raising questions over graft, inefficiencies, disorganisation and dysfunction at the PM’s office and in the management of grand coalition affairs. Again, these are on record. For me, the struggle against bad governance did not start yesterday. Nor will it end until we institute proper governance structures, laws and culture.
Miguna is a Barrister and Solicitor in Ontario, Canada.
Posts
No comments:
Post a Comment