Kawive Wambua and other Human Rights Activists on Kenya Kwanza regime goverbance
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By Henry Owino

Nairobi, Kenya: Civil Society Organizations (CSOs) have accused the current government led by President William Ruto of escalating efforts to silence decent voices not just through force but failing to act on political freedoms that are under attack. 

The latest concern is the blocking of an artistic play by Butere Girls High School from Kakamega County to be performed at the National Drama Festivals held in Nakuru. This is seen as part of a broader crackdown on critical voices expressing their dissatisfaction on poor governance and shrinking civic space.

Meanwhile, numerous violence at public gatherings goes unpunished with no arrests and or accountability, despite known perpetrators reported to police. The Civil Right Groups now warns that this pattern of silence and suppression by government is not only alarming, but could undermine democracy as the country approaches general elections in 2027. 

The CSOs are sounding the alarm, accusing the government of turning a blind eye while chaos becomes the norm. Incidences of political violence are on the rise with hooligans bravely attacking politicians, citizens and convoys during public gatherings across the country.

Political meetings, funerals and church services have become major targets of attacks in broad-daylight yet criminals are never brought to book despite being captured on media cameras. To date, there are no arrests, no prosecution and no accountability to those believed to be orchestrating and funding these disruptions. 

Muzzling Dissenting Voices

According to Nerima Wako, CEO, Siasa Place, activation of political goons to cause disruptions in public gatherings has clearly taken root in the country. Unfortunately, it there seems to be no response or accountability from the relevant government agencies. 

Instead of the agencies quelling the problems, they now target those who are believed to be anti-government critics or opposed to bad governance. Young people, popularly known as Gen Z, have been abducted by security agencies without any convictions contrary to the Constitution 2010 stipulations.

It is evidence that such actions are aimed at muzzling sections of the society that are keen on holding the government accountable. The response from civil society has been swift and vocal.

Ms Wako pointed out the government’s use of force to suppress creative expression is just one example of a larger, more worrying trend.

“The government’s silence on these events is not only negligence but dangerous to our country. This chaotic situation and hooliganism may embolden criminals’ networks and continue up to the run of 2027 general election, destabilizing democratic processes and endanger public safety,” Ms Wako cautioned.

Ms Wako said as the county moves toward 2027 general elections, there is a worrying trend of emerging political intolerance and use of outlawed gangs. Therefore, Kenyans should continue to push for their democratic rights, find answers from relevant institutions involved and hold them accountable as well.

The country is politically charged, and the growing pattern of suppression poses a grave threat to democratic space as Kenya approaches the 2027 general elections. 

Artistic Expression in Play 

The CSO groups expressed their voices of outrage on the government’s use of excessive force to suppress artistic freedom of expression. For instance, the recent incident where Butere Girls High School were denied the opportunity to stage and showcase their play at the National Drama Festivals. 

Boaz Baruku of Elimu Bora together with CSOs team addressing journalists on Ruto regime leadership

The police barricaded the students’ school bus and the vehicle of play script writer and tutor Cleophas Malala from accessing the venue. Police lobbed teargas canisters at the students and staff to disperse, and prevented them from rehearsing and staging the play. 

Authorities deployed at the venue contrarily rescheduled the students’ play to be performed ahead of time in an empty auditorium. The play entitled ‘Echoes of Wars’ by the students is allegedly claimed to be critical of State policies, hence the performance impasse.

The activists termed it an act of direct assault on artistic freedom, a disturbing trend where both creative freedom and expression freedom are increasingly under attack.

Boaz Waruku of Elimu Bora, registered his disappointment and blamed the State machinery for meddling with students’ co-curricular activity especially at the national performing level. Waruku noted that the students are furious with the current regime for its harsh treatment but soon many will become full- fledged citizens. 

“Artistic work is part of creativity in education curriculum. We now wonder what kinds of arts and sports are going to be taught to our children in schools,” Waruku paused.

“We are therefore asking the government and those mercenaries of doom, to keep off the learning institutions and let learners develop and grow their talents without interference,” he cautioned.

Grace Wangechi, Director IMLU disowned the government actions on the students saying it was  an act of brutality despite reforms gained through Constitution 2010. She emphasized on adhering to order, due processes, and law regardless of the situation.

“What are we really telling the young generations? Should we throw away our Constitution 2010? Do as you please, legalize abuse of power, police excesses, illegal arrests, detention without trials?” Wangechi asked. 

“No, there has to be a choice to do that which is right for this country,” Wangechi stated. “Those officers (are) to be investigated and those found culpable; arrested, suspended and then prosecuted.”

Parliament Cautioned on Plans to Amend Constitution

The activists also raised alarm over efforts by some Members of Parliament (MPs) whom they accused of pushing for amendment of the Constitution 2010, to reinstate the Constituency Development Fund (CDF) despite a 2022 High Court ruling that found it unconstitutional. 

“The court was clear in its ruling, declaring CDF unconstitutional,” said Kawive Wambua, Deputy Chief Executive Officer at Inuka Trust. “But now I hear they want to change the Constitution to entrench it. You cannot have a constitutional nullity in the Constitution.”

Wambua lamented that MPs are taking citizens for a ride by planning to amend sections of the Constitutions 2010 to entrench nullities into it. He said Kenyans are well informed and will not accept any constitutional nullities sneaked in the supreme law.

“There should be a way that Kenyans are allowed to prevent MPs from entrenching some constitutional nullities in the Constitution. This country has made major strides in the supreme rule of law and should not be taken back to the dogs by MPs’ wider scheme to erode it,” Wambua said. 

The human rights activists warn the move by MPs could jeopardize Kenya’s constitutional integrity and undermine the rule of law just as the country heads into crucial political seasons.