In this time of crisis, we have a duty to preserve the soul of our nation

KDF soldiers are received with jubilation by protestors along Moi Avenue during anti-government demonstrations on June 27, 2024. [AFP photo] In uncertain times like the one we are in, our patriotic duty demands each one of us to be extremely measured and reflect deeply on whatever we say, write or even share on our social platforms. This burden in much higher for those in position of authority or with platforms that can sway opinions like political actors, social media influencers and mainstream media houses. The events of June 25 on the breach into protected areas must remain poignantly etched in our minds as to how easily a nation can be plunged into anarchy. The memories of 2007 Post Election Violence must also not be erased in the ensuing chest-thumping. As the Gen-Z wave mutates from the once unifying call to reject the Finance Bill 2024, then dissolve the Cabinet, it is unclear as to what the end game of the recent protests really is. I have tracked this movement from the first time it staged streets protests in Nairobi about five weeks ago. I have taken time to plug into several X-spaces in the intervening period and an online town hall forum this week. While it is hard to crystalize hard evidence from the supposed leaderless movement, there are clear patterns that are emerging. One is that the wave originated from a legitimate civil society initiative to curtail mischief on the part of the political class during the approval stage of the Finance Bill as it happened in 2023. Two is that the revolutionary wave has outgrown its initiators and taken a life of its own beyond their control. The net effect is lack of clarity on the intended final outcome and the enormity of the constitutional implications thereof. Three is that the ensuing leadership vacuum has opened a window for political wheeler-dealers, professional opportunists, cloud chasing and now government operatives to advance their private agendas. Unfortunately, in their moment of victory, then Gen-Zs broke so many laws of power and Art of war as articulated by Robert Green and Sun Tzu respectively. Anyone who imagines the accounts of the two books are theoretical lamentations of yesteryears can only be foolish of the sweeping privileges that come with unfettered control of economic and political power of a nation. Four, it is now evidentially true that the wave is oscillating dangerously beyond our Constitutional safeguards. Tragically, several political retirees and rejects, professional conformists and older generations suppressed into fear from going against the wave are cheering on. In moments like this, a crisis reveals the true character of a nation and her people. The fakes, the genuine and the true patriots cannot be hidden in times of monumental uncertainty like the one we are in. In our valid grievances to an incompetent government, we must never forget the only thing that holds us together as a nation is the Constitution. For avoidance of doubt, all humans are born inherently selfish, greedy and full of animalistic instincts. It takes a lot of self-control to overcome such inborn vices. This is the reason why constitutions and laws are made to govern and limit the affairs of men and their wicked predispositions. The enormity of overthrowing an elected government under the constitution by other means other than the constitution itself must be clear to each one of us. In seasons like these, the truth and voice of reason becomes the first casualties. In their place, propaganda, exaggeration of reality, selfish greed, half-truths and a false aura of invincibility take prominence. All this are clear from the competing many social media platforms going on. From an analytical point of view and lessons from other nations that have walked down this path, it is time for the combatants to pose and review the stakes at play to preserve the soul of the nation. The media must also not allow panels that are partisan to only one side on their shows. This is in order to bring a semblance of objectivity in the ensuing public discourse. At individual level, we must carefully weigh the limits at which we can re-order our broken national fabric without tearing the nation apart. This brings me to the question at hand: what really are the limits to the rule law in a democracy and the enjoyment of economic freedoms? As the revolution wave continues to evolve, the legal opinions presented before us have been as diverse as the legal minds that appear before our screens. In my naive imagination, allow me to throw some spanners into the current discourse around Article 1 of the Constitution. Let no one throw stones at me for I claim no expertise in law, except as for my obligations and responsibilities as a respectable citizen. For instance, post Finance Bill 2024, picketing has shifted to #RutoMustGo by appropriating the sovereign power of the people under this article. So, does part (a) of Article 1(1) contradict part (b) of it? After the people have exercised their power under Article 1(2) part (b) of it, does the exercise of Article 37 by subsuming Article 1(1) repeal their delegated authority exercised earlier through universal suffrage? To jog our minds further, when the people excise their rights under Article 37 by appropriating their sovereign power under Article 1(1) like is in the current dilemma, does that action by itself repeal Articles 129 -132 of the same Constitution? In this context, what happens if there is no absolute consensus among the people as it relates to the character and performance of the person holding the office of the president under chapter 9? The TIFA opinion poll findings conducted on July 16-17th, with 16th been a 'Maandamano' day raises pregnant questions on the people's consensus on the matters before hand, especially when it has been branded as a generational war for the soul of the nation. On social media, this past three days, the tone seems to be shifting to 'let the kids now listen to advise from Wazees'. It is instructional for the Gen-Zs to note how the business community has turned into their own private security to compliment the police in order to protect their businesses from goons during the protests. More curiously, is it a minor detail that a significant number of the mobilizers pushing for the latter protests are currently living outside the country? In strategy and war, every small detail must be analyzed with a tooth comb. Having said that, it is tragic that the President and security apparatus do not seem to have fully grasped the enormity of the burden on their shoulders. The events of last Sunday by the president were totally uncalled for. The assault on media personalities during this week's protests is plainly despicable. More sadly, is to watch the regrouping of political and tribal kingpins to share the spoils from the Gen-Z grievances. In search of context to the things that deeply trouble my soul, I came across an article by Massimo Tommasoli dated December 2012, published by the United Nations, on the linkages between the rule of law, democracy and human rights. Massimo refers to a report tabled by then UN Secretary General Kofi Annan in 2004 on the understanding of rule of law to mean ... 'a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. Such demands measures to ensure adherence to the principles of the supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency'. Lest we forget, it is Kofi Annan who midwifed our current Constitutional order in our lowest moment as a nation!

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