The relevance of the Magna Carta to the notion of rights, a reason to celebrate the opposition in Kenya

Magna Carta was one of the most significant influences on the early historical processes that resulted in the constitutional law that today exists in the English speaking nations. Signed in 1215 by King John, this Chatter was instrumental historically in the establishment of the constitution that these days enshrine the human rights of a people. As a very influential secular document in the early Britain, Magna Carta, required that those who are governed participate in the governance. This was due to the liberties as well as the rights that this influential, secular and historical document set out.

• As a very influential secular document in the early Britain, Magna Carta, required that those who are governed participate in the governance
• The fight for a multiparty state against the wish of an incumbent African president who for eons has been a beneficiary of single party state was not a child play
• A junk of lazy legislatures occupying the August House, a pre eminent institution in Kenya’s governance process with a representation, oversight and legislation role can never legislate on anything better than the emblem and the governors' flag
• There is no wisdom in two pygmies competing as to who is taller than the other because at the end of the day, they are all pygmies.
• 800 years later, the world celebrates this noble document, Magna carta for the landmark influence on liberties and freedoms that we enjoy today. How does Kenya, a colony of Britain, feel about this?

This chatter provided a spring board for the current liberties citizens of different English speaking nations and those that have borrowed from their constitutions, like Kenya enjoy today. Through summing up of liberties that led to the emergence of the principle of habeas Corpus around the period of 17^th century, the freedom from unlawful imprisonment was realized. This was instrumental in the establishment of the bill of rights in 1689 and went a long way in the establishment of the traditions of freedom from oppression by the state as well as the rights to personal liberty.

When I think of Magna carta and its contribution to the bill of rights, I imagine the life of Raila Odinga, former prime minister of Kenya. Incarcerated by the dictatorial government without a right to trial and tortured in Nyayo chambers all for his vision for a democratic society. The fight for a multiparty state against the wish of an incumbent African president who for eons has been a beneficiary of single party state was not a child play. A truth that Most Jubilee loyalists would not want to hear is that Raila fought for and campaigned so hard for the delivery of the 2010 constitution.

800 years later, the world celebrates this noble document, Magna carta for the landmark influence on liberties and freedoms that we enjoy today. How does Kenya, a colony of Britain, feel about this?

Much akin to the celebrations that greeted Britain during the signing of Magna carta by King John is the pomp, color and jubilation witnessed in August 2010 at Kenya’s historic Uhuru Park during the promulgation of the new constitution of 2010. But what has happened to the gains that the drafters of this constitution envisioned?

Security bill of 2014

A junk of lazy legislatures occupying the august house, a pre eminent institution in Kenya’s governance process with a representation, oversight and legislation role can never legislate on anything better than the emblem and the governors' flag. So, on December 11, 2014, the Parliamentary Committee on National Security and Administration sent to the parliament the Security Laws (Amendment) Bill, 2014. 

This bill proposed amendments to 21 laws most of which had the potential of infringing on human rights. The bill was hastily passed in chaotic and topsy-turvy situation that saw some of the members walk out half naked. Thanks to the opposition CORD and the judiciary for saving our country from these draconian laws. I would tell you for free that this bill was not even well researched, let alone debated. It was mostly a copy cat of the US Patriot Act of 2001. Shame unto this house of zombies.
  

The gender rule quagmire

The constitution of Kenya, 2010 recognizes the rights of women as equal to men. Article 27 obligates the government to develop and pass policies and laws, including affirmative action programs and policies to address the past discrimination that women have faced. With all this, the parliament has never been able, for the past 2 years, to come up with necessary laws that would solve the gender quagmire. As the Senator for Nairobi put it, “ wabunge wengine kazi yao ni kulala tu na kushuta katika bunge, Poof!” (Some MP’s only role is to sleep and fart in the house)

A fast approaching deadline for Kenya is August 27th 2015 requiring implementation of the constitution in Article 27 (8): “Not more than two thirds of the members of elective or appointive bodies shall be of the same gender”. Do Kenyan women have anything to celebrate with the world as it marks 800 years after magna carta?

Kenya lags behind with 21% representation of women in parliament while Rwanda leads with 58% followed by Tanzania with 36% while Uganda and Burundi are at par with 35%. With all this we are always chest thumb that we are the largest economy in east Africa and the best. Like Yoweri Museveni, the president of Uganda would say it, “There is no wisdom in two pygmies competing as to who is taller than the other because at the end of the day, they are all pygmies.”

Kenya is disappointed

Magna Carta stemmed from suspicions about the power of the state and thus gave the need for cultivating a democracy that is healthy. As such the principles for good governance came to be established in the United Kingdom. The power of the state and an individual’s freedom are important when fronting a democracy. The Kenyan government needs to appreciate this and the 11^th parliament wake up from their lazyville. As we commemorate the 800^th anniversary of Magna carta, let us reflect, rethink, and make it our day of the Pentecost. Much thanks the opposition in Kenya and specifically to the doyen leader of opposition, Raila Odinga who for yonks has been on the fore front in the fight for a democratic Kenya.

Stop the rant, the corrupt cabinet Members were given 60 days leave to take their girlfriends out, play golf.

It does not matter the amount of PR stunts the president will pull around corruption issues or the extent to which the opposition will make a meal out of any corruption scum in the government. Not even your cry as a citizen makes a difference, as Prof. PLO Lumumba would say it, “You simply are not corrupt because you lack the opportunity to do so”.

If I was to set a twitter trend “it’s only in Kenya where…” trust me 99.9% would be the ugly only satirized or wittingly and comically articulated to reduce the sting. The remainder, 0.11% would be the good and off course the obvious as would be expected from the hopefuls and the less creative.

• You simply are not corrupt because you lack the opportunity to do so.
• These days it is the reverse. The worker pays the employer
• How will a secretary in the office of an assistant chief ever be in charge of government funds? Will he steal money allocated for 2 Biro pens to woo his girlfriend?
• The president gave few of his cabinet secretaries some 60 days off with complete entitlements so they can play golf and take their mistresses out to Istanbul.

Well, last week I report an assault and vandalism case at a Police station in my neighborhood and the first thing they ask me after recording my statement is “supper” to ensure the suspect is brought to book immediately. As if that’s not enough, the short, fat and rotund corporal asks me to… wait he is short! I thought to be a police officer in Kenya one needs to have a minimum height of 5’6’’. Pardon my obtrusive self objection, he asks me to: “toa kambuzi na huyu jamaa atalala ndani hadi kesho jioni ndio tuone maneno yake.” (Offer some goat and we will have the suspect spend a night in the cells and only listen to him tomorrow evening).

So I drive off to photocopy a P3 form and pack by the nearby cyber café. This guard provides unsolicited aid to ensure I pack with ease and immediately I edge my bottoms to get out of the car he goes like, Halafu sasa? Loosely translated as, what next. His thumb was rubbing against the middle finger.  You know what that means. I curled my lips into a downward snarl, gave a loud click and headed to the cyber café. As if he works there for free.

Exit the cyber, enter the hospital. “hapa, fanya tu maneno, nitakuwekea weakened teeth, ruptured eardrum, na internal bleedings above the actual injuries,” Said the Doctor. I have been assaulted and my house and property vandalized. What do I do?  I need justice.

So, at home, I tell the Flat caretaker to Liaise with Njugush, the guy who fixes the window panes and give me a quotation. He hands it over to me in 30 minutes. That was fast. We have a really good caretaker. I do a thorough scrutiny the next day and discover the cost has been inflated to a tune of Ksh. 3,200.

It’s not long and my younger sister, a very hardworking campus student, Calls me to send her some money. "What for?" I ask. “Bro, they need Ksh. 7,000 per month for me to be an intern with this organization.”I am blown out of the water. I thought it’s the intern to be paid for services rendered or at least an allowance to meet one's expenses. These days it is the reverse. The worker pays the employer! Enough said.

Its 9 pm. time for news and all our local channels are still awash with which cabinet secretary is clean and whatnots as the corruption purge hits the country. I listen to the voxpops and can’t help sympathizing with this less informed citizen who thinks the government has cracked the whip on corruption and so all his problems might just end. The other one at his highest stretch of thoughts believes it is because of Kazungu Kambi’s corruption that he has not been able to marry. He could be right though, How will a secretary in the office of an assistant chief ever be in charge of government funds to steal a bit of something? Will he steal money allocated for 2 Biro pens to woo his girlfriend? Sorry.

The opportunity is lacking, so you are clean. As the former Kenyan prime minister, Raila Odinga would put it, “mweupe kama Pamba” (as white as cotton).  Therefore, why do you rant about the president's move to give a few of his most valued employees (cabinet secretaries) some 60 days off with complete entitlements so they can play golf and take their mistresses out to Istanbul? Look, this was a 60 day leave for those who have just made enough to party. So stop the scorn.

Jean-Jacques Rousseau well articulated it, “We are good by Nature but Corrupted by Society.”  At home when you want to serve those entire drum sticks to your plate you think you are not corrupt? We all are corrupt within our spheres in pro rata basis.