The hypocrisy/double-speak of the pockets of Kenyans now pulling out the “Rule of Law; Adherence to the Constitution” contortionism in the Miguna Miguna saga would be infuriating were it not so obvious and/or so predictable.
It is maddening because of the corrosive impact the convenient and selective call for adherence to the rule of law continues to have on the long-term viability of Kenya’s transition into a society of law/order and equality of its citizens before her laws.
It is predictable because this is not the first time these same pockets of the country have supported the weaponization of the country’s legal system – against opponents of those they support – in this case the incumbent Jubilee Party
Yes M-Sqd is a brusque and cantankerous loud-mouth – almost to a fault. But aside from the fact that he is NOT the only brusque and cantankerous loud-mouth trolling Kenya’s socio-political landscape or that being so is not against the law, when one juxtaposes the man’s brashness alongside the Building Bridges Initiative’s (BBI) stated need to “build bridges”, presumably between Kenyans of ALL stripes and political persuasions, then the only viable outcome in what Jeff Koinange referred to as a “quagmire” would have been to allow the man back into the country – consistent with the many stated goals of the initiative including the now meaningless:
“Humane Government, predicated on equality, freedom, democracy, social justice, human rights and the rule of law” emptiness. (“Building Bridges to a United Kenya: From a Nation of Blood ties to a Nation of Ideals”)
Even more important than reflecting the “building bridges” spirit of the yet-to-be-formalized initiative is the undeniable fact:
The ruling Jubilee regime can allow Miguna back into the country in full compliance with the rulings of Justice Weldon Korir and/or at a minimum, consistent with what can loosely be described as “supervisorial/prosecutorial discretion”.
At the drop of a dime and as it has done repeatedly, the Jubilee regime can set aside (“ignore”) the supposed legal requirements articulated by its spokesman, the unbelievably incompetent Col. (Rtd.) Cyrus Oguna, during the former soldier’s choppy and rambling articulation of the government’s position re: Miguna Miguna’s return to the country of his birth and allow the exiled lawyer back into Kenya – PERIOD.
My take is that were Miguna Miguna anything/anyone OTHER than the loud and brash articulator of the very hypocrisy Kenya’s current socio-political zeitgeist, his return to Nairobi would be a non-issue.
Why Uhuru Kenyatta’s regime refuses to allow the man to return to his country of birth remains a mystery, but I have my take:
In Miguna Miguna, a failed contestant for the gubernatorial seat for Nairobi County in 2017, Kenyans have a voice that has forcefully, unapologetically and consistently articulated near-EVERYTHING that is wrong with the government of Uhuru Kenyatta (and unfortunately**, with Raila Odinga).
** – I say “unfortunately” because I am on record supporting the ideals Raila Odinga supposedly stood for AND run on in the 2013 and 2017 Elections – the latter being the nullified Round 1. Raila/NASA did not compete in the re-election and Uhuru “won” with 98% of the votes re-casted! Notwithstanding, as much as the “handshake” between the two men – UMK and RAO – ushered “peace” and “stability” into an arguably failed state or one teetering on failed statehood, RAO’s support credentialized one of the Horn of Africa’s most corrupt and inept government and in so doing, legitimized a certified kakistocracy AND kleptocracy. Raila A. Odinga, the undeniable face of Kenya’s struggle for multi-partyism, incorruptible government and her opposition is now forever linked with a Jubilee government that many see as the most corrupt government in Kenya’s storied 60years of independence.
Allowing Miguna back into Kenya would not only shine a spotlight on this reality, it may just give other Kenyans so inclined to speak out against the “handshake” and its offspring “Building Bridges Initiative” (BBI) boondoggle the impetus (courage) to do so.
Additionally, Miguna Miguna “lost” the governorship to one Mike “Sonko” Mbuvi whose term atop the country’s and one of the Horn of Africa’s economic and political jurisdiction has been a flaming fiasco. Late last year, Sonko was arrested trying to flee the country and currently faces “economic crimes” charges as laid out by the country’s Ethics and Anti-Corruption Commission (EACC). For good measure, Sonko, the sitting governor of Nariobi County is reported to have escaped from Mombasa’s Shimo La Tewa Prison “some 20 years ago” (“Shimo La Tewa wants governor back to complete his sentence” – Standard Digital, Dec. 2019)
Miguna Miguna’s touchdown at JKIA, in the Sonko-led Nairobi County no less, would be the classic: I hate to say I told you so – but…. Moment for the man.
In short, allowing the dual Canadian/Kenyan passport holder what I can only refer to as a “triumphant” return to the proverbial (and literal) scene of the crime would be a “Made for Miguna Miguna” dog-and-pony show the incumbent Jubilee Party wants to avoid at all cost.
Unfortunately, in so doing, Uhuru Kenyatta’s government only continues to highlight its ineptitude and its cowardice while rising the exiled activist’s already high profile.