Key freedoms are guaranteed by Constitution, not ODM and UDA

The ODM-UDA “merger” raises interesting questions. What is the common denominator between the two? Who benefits from the strengthened relationship between the two parties? The broad-based government, as is known, is meant to “stabilise the country and create an enabling environment for Kenyans to address their concerns through democratic and constitutional means”, as per the Tuesday ODM’s Central Committee press statement.

In and beyond these words, there is a whole thesis to write. However, the limited space does not permit me to.

So, the country was going South until ODM came in to help the government stabilise it? The occasional protests since last year, tellingly, must have begun to show signs that their impact would make it impossible for the Kenya Kwanza government to remain in power if ODM didn’t lend a helping hand. That is what the ODM presser essentially meant.

This is a noble cause. For those of us who do not have the privilege of accessing classified government security briefs, we can only take it as true that for the Kenya Kwanza government to have bent backwards to seek help from ODM to steady the country, the national security must have been extremely precarious. Of course, we need peace, and if that were the most reasonable option, then we would be grateful that ODM managed to ensure peace and stability.

There was more from the press conference. The partnership between the two parties has the aim to “create an enabling environment for Kenyans to address their concerns through democratic and constitutional means.” This is a loaded statement. It justifies every ODM-UDA action without specificity. It includes and excludes nuanced meanings simultaneously. It is a diplomatic language that conceals a thousand motives. So let us deconstruct it.

Kenya has a solid constitution, which is praised as one of the most progressive in the world. In it, we have a range of freedoms that citizens ought to enjoy. Among them are freedom of expression and association. It goes further to list demonstrations and protests as fundamental rights that Kenyans are entitled to. It is ironic, therefore, that a partnership between ODM and UDA should provide a conducive environment for Kenyans to address their concerns. This is a technical gaslighting of legitimate protests. It would be more justified for the two buddy parties to focus on how to ensure genuine protesters are protected from sponsored infiltrators out to cause chaos, including violence and loss of property. ODM should know better how politically advantageous protests have been to its growth as a national party.

To run the Gen Z out of town and now begin to sound like the protests were a bad idea after all, is being dishonest with ourselves. During last year’s Financial Bill protests, the government repeatedly said that the protesters meant well until thugs joined in with ulterior motives. This is where the government needed to invest itself. However, its fear, I would imagine, is that the protests would grow louder and bigger to a point where they could push through their agenda in an uncontrollable manner. I would argue that it was and still is within the government’s power to allow protests, as they are a constitutional right. We have seen many protests in the world against governments that do not end up violent to the extent we see in Kenya.

Most importantly, I think the ODM-UDA collaboration should focus on why Parliament has abdicated its mandate of oversighting the Executive. A lot of Executive excesses would have been checked by Parliament. Mega corruption, nepotism, tribalism in government appointments, land grabbing, insecurity, lack of job opportunities for graduates, among other many social ills, would have been mitigated if only Parliament faithfully stuck to its core functions of oversight, representation and timely legislation. But, who oversights whom in the current arrangement?

For the broad-based government to bear fruit, it should focus on ensuring the freedoms of people at all levels of governance. By providing security for citizens to address their concerns constitutionally, the government stands to gain credibility, legitimacy and positive press locally and internationally. 

Dr Mokua is the Executive Director of Loyola Centre for Media and Communication