It is a reflection of the changed political environment that everyone and their uncle is able, without fear (but with some favour), to speak their mind about matters of national importance. In 1984, members of the Degodia Clan were rounded up and assembled at the Wagalla Airstrip by members of Kenya's security services. Many were killed and many more maimed, some for life. The violence that engulfed the nation in 2007 and 2008 gave rise to the National Accord which in turn gave rise to the Truth, Justice and Reconciliation Commission through an Act of Parliament. The Commission has been holding hearings, low-key ones for that matter, into what took place in Wagalla and who were responsible. For the first time in decades, the Government of Kenya through the Commission is taking the first faltering steps to come to terms with what happened in 1984. But, it is the fearlessness of the Commissioners and witnesses to speak about the monstrous crimes that were committed that demonstrates that Kenya has come a long way since Mwai Kibaki was sworn in as President in 2003.
The politics of Kenya has always been dominated by the will of the President. President Kenyatta was notoriously intolerant of dissent in any form, jailing and hounding his erstwhile friends and allies when he was in power. Some of the men who came to a bad end during his reign, some would say a reign of terror, include the charismatic Tom Mboya and JM Kariuki, as well as Pio Gama Pinto and the indefatigable Jaramogi Oginga Odinga. When President Moi was sworn in in 1978, he vowed to 'fuata nyayo', follow in the footsteps of Kenya's first president. This he did with zeal, using the power of his office to detain without trial some of his more outspoken detractors and hounding others to exile for their political thoughts. President Kibaki' reign has been characterised by corruption, and it is fir and proper for Kenyans to question his commitment to the fight against graft. However, in other areas, it has seen the liberalisation of speech to such an extent that other than the question of whether or not the President is a polygamist, Kenyans are free to air whatever views they have on the President and his Cabinet. Under President Kibaki, the realm of free speech has expanded so much that now Kenyans are unsure what to do with this freedom.
With the promulgation of the Constitution a Constitution that was overwhelmingly ratified - Kenyans have the opportunity to expand the realm of fundamental freedoms to greater extent than ever in our 47 years of Uhuru. One of the most heartening events of the recent past has been the overwhelming popular choice of Dr Willy Mutunga and Ms Nancy Barasa to helm the Supreme Court of Kenya. For the first time, Kenyans have placed a premium on merit in the choice of holders of national offices, eschewing their usual ethnic-tinted look at national appointments. The support for these nominees has been heralded as a first step towards the creation of a pluralistic society, accepting all that qualify to hold national offices. The voices of dissent have been given an opportunity to air their dissatisfaction with the choices and none, to my knowledge, has been hounded or attacked unfairly. For the first time too, women and youth have been given an opportunity to participate meaningfully in national affairs - their views are no longer treated with disdain. As we proceed with the implementation of our Constitution, this spirit of togetherness and patriotism must be encouraged and expanded. It is only in protecting and guaranteeing our freedoms that we will be able to overcome the burdens of our chequered history and achieve the dream that was once Kenya.
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