Mashujaa Day: Lobby group seeks to block Ruto from awarding 130 individuals

As Mashujaa Day approaches, a petition has been filed to block President William Ruto's administration from granting state commendation awards to 130 individuals.

The petition submitted to the Milimani High Court's Judicial Review Division and spearheaded by the Safiri Salama Preservation Foundation and its director John Nyongesa argues that the 130 individuals should not be granted the national hero status until the nomination process is scrutinised and conducted transparently.

The petition further aims to prevent the recognition of these individuals as national heroes alongside renowned figures like Field Marshal Dedan Kimathi Waciuri and Mnyazi wa Menza (Mekatili wa Menza) during the upcoming Mashujaa Day on October 20, 2024.

Nyongesa argues that many of the proposed 'heroes' do not deserve such a great honour and calls for a thorough examination of the nomination process.

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The petition asserts that honouring these 130 individuals alongside established national heroes is unjustified and unlawful.

According to the Kenya Heroes Act of 2014, only those who have made distinguished, selfless sacrifices for the nation deserve the title of "national hero."

The petitioner contends that only Dedan Kimathi and Mnyazi wa Menza deserve recognition as national heroes, arguing that the others should not be granted this honour.

"Declaring ordinary individuals as national heroes violates the Kenya Heroes Act and demean the value and prestige of this honour, especially for those who have genuinely contributed to Kenya's history and society," says lawyer Dudley Ochiel, representing the petitioner.

The petitioner expresses concern that the government's actions could distort Kenya's historical record and national consciousness.

In his affidavit, Nyongesa argues that recognizing these individuals could have irreversible consequences for the nation's heritage.

Additionally, the petitioner accuses the National Heroes Council and the Attorney General of publishing a list of proposed heroes on their website without providing justifications for their recognition as 'national heroes.

The petitioner notes that national heroes and their dependents are entitled to various privileges, including assistance from the National Heroes' Fund

"Given these circumstances, there is a significant risk of illegality, irrationality, and unconstitutionality, along with the potential for waste of public funds

The petition challenges the government’s decision on several legal grounds, claiming it violates Section 23 of the Heroes Act and Articles 10 and 11 of the Constitution.

Issues cited include a lack of transparency, illegality, unverifiability, and inadequate public engagement in the decision-making process.

The proposed list of heroes allegedly lacks a summary of achievements justifying their recognition, as required by the Act.

Ochiel emphasizes that the list was never published in at least two national newspapers for public engagement, which the law mandates.

Furthermore, while the Attorney General and the National Heroes Council have published a list of proposed heroes online, it does not include justifications for their recognition.

The petitioners express concern that such actions could distort Kenya's historical record and national consciousness, potentially leading to irreversible consequences for the nation's heritage.

They argue that recognizing these individuals undermines the honour of truly deserving heroes like Dedan Kimathi and Mnyazi wa Menza.

Despite attempts to engage with the National Heroes Council regarding the criteria for selection, the petitioners have received no satisfactory responses.

They argue that the proposed honours are undeserved and that the lack of public engagement violates their rights under Article 10.

Justice John Chigiti has certified the matter as urgent and directed the applicants to serve their application by the close of business today.