We have done so with the full recognition and appreciation of the fact the right to assemble and to petition the government is enshrined in our constitution.
However, that right is not absolute. Just as the right to freedom of speech has its limitations, most notable being not having a right to incite violence, the right to assemble and to petition the government also has its limitations.
At the core of those limitations is the equally important consideration of maintaining peace and preventing the destruction of property and death when things go out of control.
Faced with threats of mass demonstrations across the country, President William Ruto called for bipartisan talks aimed at diffusing the tensions and hopefully find a common ground to move the country forward. Both Kenya Kwanza and Azimio la Umoja coalitions nominated respective members of their sides to start the talks.
Azimio also agreed to temporarily suspend their planned demonstrations pending the outcome of the talks.
Unfortunately—or fortunately, depending on which side one is on, the Raila-led coalition read mischief in the fact that Kenya Kwanza nominated Eldas MP Adan Keynan to be a member of their six-member team.
The coalition objected to Keynan’s nomination, saying it was disrespectful and contemptuous because the legislator is a member of Azimio having been elected on a Jubilee ticket.
For any talks pitting two opposing sides to be fruitful, both sides must act in good faith.
When Kenya Kwanza insisted on having Keynan in their team, Azimio refused to play ball and announced resumption of their planned demonstrations.
And just like that, the country was thrown into rising tensions with ominous pronouncements from law enforcement on what would happen were the planned demonstrations to be carried out on Thursday.
We were sitting on the edges of out seats wondering what would happen and, in many cases, fearing for the worse.
We witnessed in part a cat-and-mouse game between Azimio’s convoy and the police only to have Raila Odinga not appearing anywhere to address his supporters as he would normally do. Some read that as victory for Kenya Kwanza while others saw a strategic retreat by Azimio.
The truth we now know was something in between. Clearly, there were behind the scenes negotiations to avoid a confrontation, which has now resulted in Azimio announcing they are once again suspending demonstrations and continue with the talks.
Just as it was in the first place when the President called for the talks and Azimio agreed, it is a good thing that the two sides have agreed to resume dialogue.
But the talks can only end the stalemate the country is suffering and its consequences if the parties act in good faith toward finding a lasting solution.
That solution will not be one everyone agrees to. In fact, history teaches us there are people on both sides of any conflict or opposing sides who will never agree to anything proposed as a solution unless it is 100 per cent their way.
Those are the people both the President and Azimio leader Raila should look out for and ensure they do not spoil the good intentions of the talks.
Put another way, these talks cannot be seen from a winner-loser viewpoint, but from the prism of what moves the country forward. There must be a give-and-take that does two things.
First, recognition that we have a duly elected government led by President Ruto.
Second, a recognition that there is a large segment of the population that still believes they were disenfranchised in 2022 general election.
Third, the whole country stands to lose and suffer even more if a resolution of the impasse is not found and implemented.
Twelve men and women of honour and integrity with common sense to boot can easily come up with that resolution.
When they do, the President and Raila must rally the country to accept the solution.
