Sunday, January 4, 2015

WHY THE FAKE LIEUTENANT SHOULD NOT BE PARDONED FOR INSULTING THE KENYAN PRESIDENT

Since the jailing of a Kenyan a few days ago for insulting President Uhuru Kenyatta, Kenyans have saturated the social media with varied comments, some accusing the government of intolerance to criticism and of hurriedly hauling the young man to court without giving him the benefit of a legal counsel, and others emphasizing the prison term was justified and that the man should rot in prison.

Alan Okengo, a 25-year student who went by the social media pseudonym "lieutenant Wadi," was seized on New Year's eve as he fled the country through the Kenya/Uganda border. He was speedily delivered to court - and based on his own guilty plea - sentenced to two years in jail.

Alan hails from the Nyanza region which is considered an opposition stronghold, hence assertions by government detractors that the arrest and prosecution was politically motivated.

The offending posts caused a visceral wave of reaction in the social media. I found them not just tacky and caustically tactless but wacky and defamatory. I cannot understand why and how a fourth year University student could be so daft as not to see the grave implications such posts could cause.

Only a few weeks ago I wrote in this space about Kenyans who broke the law to gain fame and possible prison time. If that was what Allan had in mind then he obviously succeeded: he earned his fifteen minutes of fame and the privilege of spending twenty-four months as a non-paying guest of the State.

Before he began writing vulgar comments on the social media a few weeks ago, no one had heard of the fake lieutenant. He was just a nondescript youth in a crowded campus setting of a local institution. Suddenly, he was the talk of town; and as he spewed his vitriolic views, some were sharing and re-sharing his posts joyfully. I wouldn't be surprised if Allan saw himself now as a political prisoner.

What amazes me is how all of a sudden Kenyans have become so forgiving. Some went as far as asking the President to pardon him, suggesting rather comically that the man was too naive to understand the consequences of his action.

That is hogwash.

No such thing should happen. This young man was convicted of a crime by a legitimate legal process under laws we all approved. Moreover, he admitted to the charge, only saying in mitigation that he was mad. His were not actions of a mad man but of a person driven by effrontery and juvenile impropriety. If there is one person who doesn't deserve a presidential pardon, it is Allan.

By pardoning him the President will be seen to be sabotaging the very principles of our constitution and undermining our judicial process. He will be succumbing to pressure from elements who take pride in abusing the freedom of expression for unknown reasons. Such an action would send a wrong signal to criminals that they can offend and slip away without taking responsibility.


It is my strong opinion that this man should serve his full course of time. Those who want to appeal on his behalf can do so because our laws allow it. If the Appeal Court finds omissions in the judgement of the lower court then he deserves freedom. Otherwise, Allan must be punished.

Democracy is a two-edged sword. We cannot pretend to espouse democracy - which means, among other things, respect for the rule of law - and disregard legitimate laws at the same time. By accepting the tenets of democracy we agree to be law-abiding citizens as well.

Finally, social media outlets should not be used as vehicles for hate speech and insults against anyone, leave alone the Head of State.

This generation is lucky to enjoy a technology that allows everyone - regardless of class and level of education - to converse freely and on real time with the rest of the world. This platform is affordable and accessible to most people and it should be used wisely to enhance knowledge and promote friendship and not to demean and deprecate others.

And that is my say.


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