Are We Out of the Woods yet on Chapter 4?
The people-centered Constitution marks 14 years since it was birthed and has been a mixed bag. The majority still believe they have nothing to write home positively regarding the implementation of the Constitution. In contrast, there is a clique of individuals led by state officers who say that this Constitution is the best thing that happened to us after sliced bread. The latter have every reason to thank their stars and, by extension, the Constitution because they have always picked sections that auger down well with them and used them to their maximum advantage. They have relegated sections that don’t sit well with them to the back seat.
The government and centers of power know and understand that their most excellent Achilles heel is an informed people. People holding public offices, including the police, dread and feel intimidated by people who have a grasp of their human rights and freedoms, and that’s why the architects of Katiba dedicated a whole chapter to elucidating the governed their rights and freedoms. In a country with a larger-than-life kind of state officers, the people must understand their rights and liberties lest they end up suffering at the hands of these state officers. In egalitarian societies, despite the firsts these countries have made in terms of their economies, human rights, and freedoms are held in high esteem, and the people in those countries are willing to walk the talk in ensuring that their rights are observed and respected. State officers who have failed to read the signs on the wall and, by mistake, disregard the freedoms of these citizens have had their public service careers guillotined.
In our country, the rules of the jungle still take precedence, and cases of human rights violations haven’t slowed down ever since we got our independence; instead, they have been exacerbated. The recent demonstrations by the youths exposed our worst fears when the people tasked to protect demonstrators engaged in a cardinal sin by maiming and shooting at the people using live bullets. The majority of the demonstrators are still missing, whereas others are being held incommunicado. The rules of engagement on matters about demonstrations are well enunciated in our katiba. However, the brazen disobedience to our Constitution and Chapter Four by these police officers still baffles any sane thinking human being. The use of police officers to settle scores by political actors taints the image of the Kenyan police force, and it’s no open secret that the police department leads in the violation of human rights and freedoms.
Our courts, tasked with ensuring that human rights are not infringed, have also been blowing cold and hot when dispensing justice. Justice has always sold to the highest bidder, which calls for soul-searching our judicial officers. The Bill of Rights in our Constitution stipulates the rights of the accused. Still, judicial officers in cohort with police officers have made it hard for the poor people to benefit from this segment enshrined in our Constitution. Our courts should be avenues where citizens feel safe; they should not be avenues where the rich get their way.
The Bill of Rights will continue to be a piece of paper until the people decide to keep themselves abreast of their rights and freedoms. The African Youth Leadership Forum’s civic duty under the Ajibika program must be lauded. This program has taken the game a notch higher by teaching the masses about their rights and freedoms. These youths are also leaving no stone unturned in calling out the injustices and the human rights violations that are being meted out to the Kenyan people by state officers.
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