Betraying Baba: Constitutional violations cloud Raila's first anniversary

Kenyans may have started marking the first anniversary of the late Raila Odinga, but the erosion of the democratic ideals he fought hard to help the country achieve is rapidly diving into an abyss as his former allies and government operatives push back on democratic ideals just a year after his death.

The troops he built and nurtured as fierce defenders of the constitution and a government he had entered into a partnership with before his death have turned their backs on constitutionalism as questions are emerging over the state of the democratic gains he fought for over decades, particularly freedom of assembly, freedom of expression and press freedom.

Raila’s political career was closely associated with Kenya’s struggle for multiparty democracy, constitutional reform and greater political freedoms.

But with the country heading towards the 2027 General Election, some of his former allies and political activists say the space for dissent is narrowing, pointing to disruptions of political meetings, confrontations involving protesters and opposition supporters, and concerns over the treatment of journalists.

 Critics believe most of the progress the late leader fought to ensure the country achieves has been eroded by greed, personal interests and an appetite for absolute power. Within a year since Raila was buried, political violence attributed to intolerance has skyrocketed in Nyanza and Western, goons are having a field day as the state also implements its own strategies to scuttle freedoms and rights that the country struggled to achieve.

 On Friday, as Kenyans across all walks of life gathered at various places to begin the candle-lighting ceremony as part of the events lined up for his first anniversary, media freedom was under attack as state-sponsored goons gathered at the Standard Group to protest against the media house.

The company, critics and Kenyans of goodwill described the move as an affront to press freedom and an insult to the late ODM leader who was a giant crusader for press freedom and democracy.

Yesterday, several observers claimed that the erosion on democratic ideals that have taken place in the last one year since Raila was buried has been appalling, and believes the country could be headed in the wrong direction if the trend continues.

“Raila never got a replacement. He was a counterweight to the excesses of the Government. Without him, the democratic space has shrunk, and I fear the guardrails of freedom are being removed and replaced by the long shadow of fear,” says Prof XN Iraki of the University of Nairobi.

For some, the attack on the Standard Group marked a new low for the government and claim Raila is probably turning in his grave in disappointment over the continued erosion of the rights and freedoms that cost him sweat, detention, blood and tears.

“Raila would be turning in his grave if he heard about the incident witnessed at the Standard headquarters yesterday. He was one person who believed that even when everybody could not side with him, the media stood with him. Raila was always quoting that famous principle: ‘I may disagree with what you say, but I will defend your right to say it, even if you are saying it against me,” argues communication consultant Samuel Owida.

But the erosion that has permeated several aspects of the government has also cascaded into his own ODM party, where the lieutenants he left behind triggered the mushrooming of new parties that have emerged from the main ODM roots.

The list is long and includes presidential hopeful Edwin Sifuna, Embakasi East MP Babu Owino, Vihiga Senator Godfrey Osotsi, Siaya Governor James Orengo, among others who have come up with new parties to challenge ODM, albeit with a strong and in some cases involving a violent pushback by ODM against their freedom of assembly.

The group that has left ODM’s main house has accused Raila’s former allies in ODM of attempting to scuttle their democratic rights to hold rallies in areas considered to be Raila’s former strongholds.

Vihiga Senator Godfrey Osotsi, who served as ODM deputy party leader before being removed from the position, says he and other leaders associated with the Linda Mwananchi movement have experienced what they describe as attempts to disrupt their political meetings in parts of the country, including Homa Bay, Kakamega and Vihiga.

Early this year, during a Linda Mwananchi mobilisation in Western Kenya, Osotsi said attempts to frustrate their meetings  would not stop them from exercising their constitutional rights.

The leaders argued that the right to assemble should not depend on whether those gathering support or oppose the government.

“We all knew when Raila was alive that the protection of Article 37 of the Constitution, which guarantees every person the right to assemble, demonstrate, picket and present petitions peacefully and unarmed, was supreme,” said Osotsi.

Former ODM Vihiga branch secretary Davelson Muruli has ditched the party and aligned himself with the Linda Mwananchi movement, saying the decision was informed by what he described as a departure from the ideals that originally attracted him and other supporters to ODM.

“Democratic spaces have shrunk in the nation since Raila’s death. We are even targeting some of us who work in Vihiga County Government because we support the Linda Mwananchi faction,” Muruli said.

For Muruli and other former ODM officials, the political shift is therefore also about what they consider the preservation of Raila’s democratic ideals.

But the debate extends beyond political parties and movements to the wider question of press freedom.

Mwibona MCA Zakayo Manyasa has raised concern over what he describes as growing pressure on journalists and the media, arguing that weakening the media’s ability to scrutinise those in power also weakens the public’s ability to hold leaders accountable.

“You look at the wider scrutiny of Kenya’s media and civic environment, with international and local rights organisations reporting cases involving journalists, activists and government critics being abducted,” said Manyasa.

The country has also witnessed concerns over the independence of the media and freedom to express political views, citing developments including arrests of critics and restrictions affecting people who express sensitive political views.

In June this year, rights organisations criticised police roadblocks, arrests and restrictions during Gen Z memorial protests, arguing that such measures violated constitutional protections on peaceful assembly and association.

At the same time, security agencies have maintained that their responsibility is to protect lives and property and ensure that political gatherings and demonstrations remain peaceful.

The competing positions have placed fresh attention on whether the balance between public order and constitutional freedoms is being maintained.

Lawyer and political analyst Moses Ombayo says Raila’s legacy should not only be measured through the parties and alliances that emerge after his death, but also through the institutions and freedoms associated with the political struggles in which he participated.

“Raila was a central figure in Kenya’s agitation for multiparty democracy and later played a significant role in the constitutional reform process that culminated in the 2010 Constitution. His legacy should be upheld,” notes Ombayo.

The government and its supporters have maintained that political freedoms must be exercised within the law and that security agencies have a duty to prevent violence and protect public order.

Observers, however, are pessimistic as the government and ODM turns their back on their commitment to protect democratic ideals.

“Kenya has certainly deteriorated in terms of democratic rights and freedoms, as well as the enjoyment of our constitutional rights. Raila was a giant defender of people’s rights and freedoms, even while he was cooperating with Ruto. He always had a countermeasure up his sleeve in case the Government of the day went overboard in its excesses. But after his exit, Ruto and his colleagues found it easier to capture those who remained in charge of ODM because of what I consider their greed and lack of principles,” says Joseph Simekha, Political Strategist and Governance Expert