Kenya Stockholm Blog

According to a key component of the Socialist theory of revolution, the corrupt and thieving capitalist ruling class the world over will always treat the Constitution as a piece of paper especially when its political or economic interests are threatened. Under the capitalist system of government of the Kenyan type, the implementation of the Constitution is always under permanent control of the ruling elite and not under the control of the masses they oppress. Consequently, the ruling class decides when to violate the Constitution against the interests of the oppressed and when to implement it to defend illegal actions of the wealth grabbers and State representatives without consequences. It is in this light that the latest violation of the Constitution by the Inspector General David Kimaiyio through a vicious attack on Media freedom needs to be seen.

Just as Kenyans and the world were in the process of absorbing the shock of what transpired during the Westgate terror attack following an expose on Kenya Television Network (KTN), IG Kimaiyo called a Press conference to attack Mohamed Ali, an investigative journalist and Allan Nyamu, an award-winning reporter who both work for KTN. Kimaiyio accused the journalists of violating the Constitution by exposing (through Jicho Pevu, an investigative series) the conduct of security forces during the Westgate operations. Kimaiyio warned that the journalists faced prosecution, arguing that there are some issues that ought not to be reported to the public.

In the Jicho Pevu footage, KDF soldiers are seen looting shops at Westgate and ransacking safes and drawers, criminal activities which were religiously defended by none other than the Chief of the Defence Forces, General Julius Karangi. According to the army Chief, the loads of loot the soldiers were carrying in plastic bags were only “bottles of water” while, according to Karangi, the main reason why the soldiers ransacked safes and drawers was because they were conducting a “sanitization exercise” to ensure the “safety of the place”.

Following IG Kimaiyo’s attack on the media and the two journalists,  summonses were issued to both Mohamed Ali and Allan Nyamu to appear before the CID and record statements. However a national uproar appears to have forced hawks in the Uhuru government to quietly withdraw the sermons.

Under the Constitution, Media freedom is clearly guaranteed in Article 21, Article 33, Article 34 and Article 35 but for the Mafia cartel running the State under ICC suspect Uhuru Kenyatta, these Articles are just paragraphs on a piece of paper called the Constitution. Unfortunately, this is how the situation will remain unless Kenyans wake up to reclaim their Rights and Freedoms.

Why IG Kimaiyio is violating the Constitution
In this latest violation of that sacrosanct document, ruling class interests are threatened because of two reasons. One, the Jicho Pevu broadcast exposes the weakness, incompetence, confusion and utter disorganization of Kenya’s Security apparatus that ought to be responsible for protecting the country. This is probably the most important apparatus the corrupt ruling class utilizes to control power over millions of oppressed Kenyans and to show that it has failed is also to make a statement that Kenya has no real security regardless of ruling class propaganda.

At best, this security has succeeded more in intimidating, terrorising, maiming, crippling and murdering innocent Kenyans instead of keeping security. The Jicho Pevu expose is seen by the Mafia cartel in charge of State House as undermining their authority because it convincingly questions the competence of Kimaiyo’s and Ole Lenku’s Offices, leaving the public with no uncertain doubt that Kenya’s security is bogus.

The second reason why Kimaiyo came out breathing fire is because the Jicho Pevu expose captures the rot in the Kenya Defence Forces (KDF) which is supposed to be the “Disciplined Forces”. The key problem for the ruling class is that they cannot survive for even a day in power without the army. Instead of investigating and arresting the soldiers who were documented on film looting, their boss moved to defend them with open lies. The ruling class needs an absolute loyalty of the army and this explains why the looting soldiers will go scot free after committing serious crimes at a crime scene where they were on a mission supposedly to kill terrorists and rescue hostages. The soldiers are trained to fight in a battle-field and when they were brought in a Supermarket, they may have resorted to looting after finding no terrorists or hostages.

A series of past violations of the Constitution
By attacking the media and threatening journalists, Kimaiyio’s Office is not engaging in the violation of the Constitution for the first time. Two weeks ago, a group of Kenyans were arrested in Nairobi because they had planned a demonstration against the latest VAT hikes on basic consumer commodities. The Constitution provides for the Right to Assembly but for the ruling class, this is just another paragraph on a piece of paper. The Constitution was violated with impunity because the demo threatened the interest of the ruling class in the sense that it could, on a long term, develop and provide a rallying point for disenchanted Kenyans to show their opposition to the VAT hikes nationally.

Prior to the VAT demo and arrests, the Minister for Interior, Mr. Ole Lenku, openly authorized police “to shoot to kill” suspected criminals on sight. This is despite the fact that the Constitution guarantees every Kenyan the Right to life and personal security. In that same Constitution, a suspect is deemed innocent until proven guilty but here we are, with the top Security minister trampling over the Constitution with impunity and nothing happens to him. There are violations by the State that needs no mentioning – the Right to food, clothing, shelter, health care, education etc because millions of Kenyans suffer these violations on a daily basis without intervention from the State. Doesn’t these on-going violations prove that the Kenyan Constitution is just a piece of paper in the eyes of the ruling class?

Where is Charles Nyachae?
In theory, the Commission for the Implementation of the Constitution headed by Charles Nyachae is the official body entrusted with ensuring that the Constitution is followed to the letter by every Kenyan or institution. Since Kimaiyo began to violate the Constitution, Nyachae has not taken him to task. Why? As stated earlier, it is the ruling class and not Nyachae who controls the implementation of the Constitution. Nyachae is a mere figure-head. Occasionally, he surfaces to complain or to clarify contradictions especially on legal aspects but when things get really hot, he remains underground as the Constitution he is supposed to protect is raped by the likes of Kimaiyo.

Until the implementation of the Constitution is placed on the hands of the Working people and the oppressed in Kenya, it will continue to be violated by the Kenyan ruling class as a matter of routine. The ruling class will continue to invoke the name of  “State security” to violate the Constitution at will because they are answerable to nobody but themselves. Kenyans who believes that the New Constitution will protect their Rights and Freedoms will continue to be appalled by violations that are very similar to violations which were witnessed during the Kenyatta, Moi and Kibaki dictatorships because despite the changing faces at State House, the system remains the same. For the ruling class, the Constitution remains a piece of paper.

Shouldn’t it be of concern that 50 years after Independence, Media freedom is under attack, freedom of Assembly has been curtailed while every ordinary Kenyan is alive at the mercy of the State? Shouldn’t it be of concern to every Kenyan that the more things change, the more they remain the same?

Okoth Osewe  
Secretry General,
Kenya Red Alliance