Criticising state, seeking reforms is not treason

Linda Mwananchi during their campaigns[File]

Every time I hear President William Ruto describe his political opponents as people who have no agenda, no policies, no vision and, most recently, “hata akili hawana”, I wonder why political disagreement has become so personal. Opposition is not supposed to be an insult to government.

It is part of how democracy works. Kenya has its own troubling version of this. Goonism has become a familiar feature of our politics, particularly around opposition activities. Opposition supporters are beaten, political meetings disrupted and rallies attacked by groups of men who often operate with the confidence that they will not face consequences.

At times, the line between the goons and the police seems disturbingly blurred. Then comes the tear gas.

For many Kenyans, this has become an all too familiar part of political participation. This week, a senior Standard journalist was abducted and later found safe. That should worry us deeply. A journalist should not have to fear being taken simply for doing his job. In Uganda, major media operations have been shut down. In Tanzania, a newspaper's licence was suspended.

Across the continent, internet shutdowns have become another tool of political control. The pattern is difficult to ignore: restrict who speaks, who reports and who can organise. Then there is the loose use of the word “treason”. Across the continent, the word now hangs over opposition politics in Tanzania, Uganda, Zambia, South Sudan, the DRC and Lesotho.

Tundu Lissu, Kizza Besigye, Brian Mundubile and Makebi Zulu, Riek Machar, Joseph Kabila and Mothetjoa Metsing have all faced treason charges or convictions at different points. Rwanda's Victoire Ingabire was also convicted on charges that included high treason.

The cases are not identical, and allegations involving armed violence must be taken seriously. But that is precisely why treason should not be used loosely. Criticising a government, demanding electoral reform or refusing to accept political marginalisation should not be placed in the same political imagination as waging war against the state.

When I saw Tundu Lissu in court this week, I noticed his growing dreadlocks. They carried an unmistakable sense of defiance. Then there was the limp with which he walked, a reminder that he survived being shot 16 times in 2017. Yet years later, he remains in court facing treason charges. His political struggle has centred on electoral and constitutional reform and expanding political space in Tanzania. On August 21, the High Court ruled that he has a case to answer.

Looking at Lissu, I could not help wondering whether, in some African political systems, the greatest offence an opposition politician can commit is refusing to accept a political space deliberately made too small for him.

Then I think of Kizza Besigye. Every time I see the visibly frail Ugandan opposition veteran being dragged to court, I feel deeply sad. I cannot watch those images without remembering that Kenya failed him. Besigye was taken from Nairobi to Uganda in November 2024 in circumstances his lawyers have described as an abduction and rendition.

The allegations have been disputed by Ugandan authorities. But how did we get to a point where an opposition politician could disappear from Nairobi and end up in the custody of another government? Whatever one's politics, that should trouble us.

Across the continent, Rwanda's Victoire Ingabire was imprisoned after returning home to participate in politics. In Zambia, opposition presidential candidate Brian Mundubile and his running mate Makebi Zulu have been charged with treason following a disputed election. In South Sudan, Riek Machar has faced treason charges amid allegations linked to armed violence.

Former DRC President Joseph Kabila was sentenced to death in absentia after being convicted of offences including treason. These cases are not identical, but they reinforce the need to keep political opposition distinct from genuine threats to the state.

There is another way to do politics. In the UK, the largest party outside government becomes the Official Opposition. It scrutinises the government and develops alternative policies. Australia similarly treats the Opposition as an alternative government. The assumption is simple: today's opposition may be tomorrow's government.

That is the political culture Africa needs. Losing an election should not mean losing one's right to participate in politics. Winning an election should not give anyone a licence to silence those who lost.

The Constitution already gives us the language we need. Article 38 protects the right to make political choices, participate in political activity, campaign for a political cause and participate in free, fair and regular elections.

As we move towards 2027, we should ask whether we are building a democracy where disagreement is accepted or one where criticism is treated as disloyalty.

A government that is confident in its record should not fear journalists, opposition rallies or political criticism. It should answer its opponents politically rather than treating them as enemies.

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