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 This was due to the liberties as well as the rights that this influential, secular and historical document set out.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.