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SAM OMWENGA: Abusing the President is not exercising freedom of speech

A memorable example is when Oscar Sudi referred to Uhuru’s mother in the most vulgar manner

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by sam omwenga

News17 June 2021 - 11:39
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In Summary


• As the late John Michuki once warned, “If you rattle a snake, be prepared to be bitten by it.”

• There has been a lot of snake rattling, including the Sudi case, but it has not bitten.

 

President Uhuru Kenyatta is briefed by Chief of Defence Forces Robert Kibocho before paratroopers ascended during Madaraka Day celebrations.

Kenyans have taken the freedom of speech guaranteed in the Constitution to a level not even its creators contemplated.

The manner in which Kenyans disrespect, insult, and even taunt President Uhuru Kenyatta at times is simply unacceptable.

How did we get here?

In the distant past, people who the government of the day found annoying were rounded up and beaten, tortured, or killed.

With passage of time, these arbitrary and often deadly infliction of pain to silence dissidents ended.

However, it cannot be just because our country has brought herself in line with other democracies where a healthy opposition is welcome that the pendulum must swing to the other end of the extreme where politicians openly and publicly disrespect and insult the President without any fear of repercussion.

At various points, some politicians have publicly disrespected President Kenyatta without fear of repercussion. A memorable example is when Kapseret MP Oscar Sudi referred to Uhuru’s mother in the most vulgar manner to make a non-point he could have made a thousand different ways without dragging mothers and breasts to his tirade.

At another time in not even the distant past, that utterance could have earned Sudi a ticket to his final resting place. Fortunately for him, and as testament to how far the pendulum has swung from the other extreme, Sudi was only charged with two counts of hate speech and one count of offensive conduct. He denied the charges and is out on Sh500,000 bail.

It is hard to tell how the case will end, but if one were a betting person, the odds are it is unlikely a conviction would ensue and, if one avails, it is unlikely Sudi will be feasting on beans in prison.

Charging Sudi, however, has had the effect of tampering things down a bit such that no one else has dared go that far as he is charged for fear the consequences may not be as favourable.

As the late John Michuki once warned, “If you rattle a snake, be prepared to be bitten by it.”

There has been a lot of snake rattling, including the Sudi case, but it has not bitten.

That is not to say it won’t, and this is worth noting if we are to return respect and awe of the presidency to where it should be. And no, that is not to say the murders and assassinations resume; rather, it is to say let us be respectful of the presidency and the person occupying the office.

We can all identify or recall bullies growing up. All of them were never smart, always the bottom of the class. No manners either and all had it written on their faces you could read they had no future.

You find the same breed in social media where they hurl unprintable insults and regurgitating words and phrases they do not know the meaning.

It is one thing for these types to engage in this uncouthness, it is quite another thing to have politicians, the educated and professionals engaged in the same backward behaviour, insulting, and disrespecting others, including the President at will and without abandon.

While we must demand decency and decorum from all our leaders, the President and his family must be out of bounds for any disrespect or insults.

We now have demands that the President address the nation and explain why he did not appoint six judges nominated by the Judicial Service Commission.

The President could give a speech in which he reaffirms his commitment and fidelity to the Constitution and offer detailed reasons as to why he rejected the six judges.

Or he should simply say his action or inaction in this case is well within his powers as President and that he need not explain his decision for there are things that are not explainable.

This is consistent with democracy and the rule of law.

Samuel Omwenga is a legal analyst and political commentator.

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