DARE NOT LIMIT MY FREEDOM, THE LAW ACCORDS IT CLEARLY

33. (1) Every person has the right to freedom of expression, which

includes—

(a) freedom to seek, receive or impart information or ideas;

(b) freedom of artistic creativity; and

(c) academic freedom and freedom of scientific research.

(2) The right to freedom of expression does not extend to—

(a) propaganda for war;

(b) incitement to violence;

(c) hate speech; or

(d) advocacy of hatred that—

(i) constitutes ethnic incitement, vilification of

others or incitement to cause harm; or

29

(ii) is based on any ground of discrimination

specified or contemplated in Article 27 (4).

(3) In the exercise of the right to freedom of expression, every

person shall respect the rights and reputation of others.

Today I had to go back and check if I had lost touch with my knowledge on the constitution. To my understanding article thirty three of our constitution (shown above) could have changed, only to be mesmerized that it was still the same. Last month I was a moderator at a forum on youth and democracy, and at the end of the speech I said that the old folks past the “age of God”; which to my understanding of the Bible is seventy years, should not hold any public offices. This was just a sarcastic manner to express it but I at the same time meant it. After that I received several word lashes from fellow learning friends, the church and the public including some elites that I so much respect. They said that my choice of words was wrong and that I was not entitled to say such a thing. You may be surprised when some of you read this article; I was not touched by any of your words, I did not feel a thing because I knew I had done nothing wrong and that I had just done what my freedom requires me to do. I had just expressed myself and what I felt was good for this country. One of my criticizers called me arrogant, rude and a person with personal vendetta. I told her that given another platform I would say the same thing and today I repeat it; “Old leaders should not have a place in Kenya if this country is to realize her full potential towards sustainable development” I am not sure if that is moral, but who said the law is all about morality. I may have failed in that morality test but legally I was very right. No one can limit my freedom to the extent the law provides me with it. Why should I limit myself if the law allows me to do it; we would rather have no such laws on freedom of speech at all! Freedom is not worth having if it does not connote freedom to err.

This trend has now moved nationally it is no longer in that small cocoon of mine.  When senior advocate Ahmednasir Abdullahi said that the government is just playing a “looking pretty game” by making a forty billion road that the only purpose it serves is transporting pineapples, yet the main importation road was a wreck, the president lashed at him. He was purported to spread propaganda and hate speech. Truly is that hate speech. That is a mere fact that any Kenyan needs to look and see it. Why was he just threatened and no action taken. When John Githongo came out and said that he would give information about the government malicious working in Anglo leasing scandal, he was silenced and even forced to leave the country for security purposes. Where is the same government of the people who call themselves reformers currently protecting, upholding and dispensing the same constitution? They are still the same people. But with different formulas of silencing people who are exercising their constitutional rights and freedoms.

The new trend of freedom of speech limitation in our country today is that of abuses and being threatened to be summoned by the Mzalendo Kibunja’s commission. Jirongo came out and said that statehouse was funding some political aspirants. This was not the first time this had been said. The only difference was that previously no specific person had done it but all along it was in the public domain. When Jirongo did it the president came out abusively on public press; “bloody bure”. The state house claims Jirongo is spreading propaganda yet Jirongo has given them the go ahead to sue him or compel him to substantiate his claims. Since then we have never heard from statehouse or anyone else trying to threaten Jirongo.  Kenyans, why can’t we read in between the lines that people are trying to silence us “smartly”, when are we going to stop begging and humbling for what belongs to us? . I am sure you expect me to talk about MRC but I will not you can reflect it on your own.

Our country must morally re-arm. We cannot run a country where virtue is vice and vice is virtue. Kenyans it is the high time that we realized that this fundamental freedom of speech is not something we should fear when exercising it. You should not fear being subjected to anti- reform talks. As for accusations even the divine Jesus of Nazareth was accused of many things; even Martin Luther King Junior was accused of many things; even Mahatma Gandhi was accused of many things. But it is our duty to prove our detractors wrong by our actions. We must stand out for our freedom of speech. A 'No' uttered from the deepest conviction is better than a 'Yes' merely uttered to please, or worse, to avoid trouble. Even if you are a minority of one, the truth is the truth. Freedom is never dear at any price. It is the breath of life. What would a man not pay for living? Kenyans our freedom of speech is much more power than we imagine. In a gentle way, we can shake this country.  Today I proclaim to this nation that article thirty three was meant for you and I, and we should stop at nothing while expressing ourselves under its parameters. I repeat “While it is good to be both nice and right, in this case I prefer to be right rather than nice.” Our freedom of speech has been wrongly used, abused and misused but we should not allow being confused that we are not fully entitled to it. I think it is time you learn from  Miguna Miguna and I.

The columnist; John.S.N is a student of law at Africa Nazarene university, the vice chair of LAANU, a prospectus columnist and political analyst. The opinions written in this column are for the writer himself and not in anyhow those of Africa Nazarene University or LAANU. The opinions given are impartial and no personal vendetta has been expressed. The writer has proof of the facts given and is ready to adduce any evidence if required to do so.