BendAburu Alert... Let down by various government agencies, elected leaders and County government, the HomaBay peoples patience is fast running out.
Let down by various government agencies, elected leaders and County government, the HomaBay peoples patience is fast running out. And they now demand their right in #HomaBayDevelopmentMatters, and pose the question “Is breaking the law justified.”
Without going into too much detail, laws are merely rules or regulations established by some authority. In Kenya, the government has this authority to enact, and enforce laws, ONLY because we the people give that authority to them. That authority has been delegated to them – through the Constitution. Begun Walter Opiyo, the vocal Speaker, of HomaBay Citizens Association, popularly known as Bunge La Wenye Nchi]],
“All Sovereign power belongs to the people of Kenya….. Constitution of Kenya, 2010
Therefore, if we the people have granted an elected body of people the authority to enact laws, and steer development, it is entrusted for certain defined purposes. The KEY QUESTION IS, “Who are the law[s] they enact intended to serve, if not we the people?” asks Mr. Opiyo“To put everything I have just said into a nutshell,” he continues, “the purpose of our government, and every law they pass, ~ including the judiciary for every verdict they make ~ IS TO PRESERVE AND PROTECT OUR RIGHTS – of we the people!.” He emphasizes.
“Now, if that body of elected representatives passes a law ~ or Judiciary passes a verdict ~ which infringes upon a right, even in, ~ even in ~ the slightest degree, are we the people under any obligation to obey it?” He asked, pausing for a moment of reflection.
Is HomaBay “War Cry” Valid?
I dare say then, that “Whenever the legislators [or judiciary] endeavor to take away and destroy the rights of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” Opiyo remarked.
So when a County government, as is the experience in HomaBay County, follows a long train of abuses of the peoples rights, including failure to deliver services, [which is a right], abuses in some instances which appear to be aided and abetted by some employees of government institutions mandated to protect those very rights such as Ehics and Anti Corruption Commission…AMONG OTHERS….. .
When such a government or elected representative is voted out, [yet the elections are rigged] and when the people appeal [yet there is an abuse of the system to delay justice, and eventually the Supreme Court issues a verdict ~ we hope not ~ that does not reflect the aspirations of the people].
Such a scenario is disturbing, and inevitably poses some serious questions added Peter Ouma Muga!
- If the purpose of a government [or judiciary] is to preserve our rights, and yet by their actions they do the opposite, and infringe upon those rights.
- If those sworn to uphold the Constitution, violate the rights of the we the people, what does that make them?
- As the Constitution, and all duly ratified amendments are the SUPREME LAW OF THE LAND, and the government [and other institutions] violates that law by limiting our ability to freely exercise our rights, does that not make THEM the criminals?
Therefore, if government, be it central or county, or for that matter any government institution ~including the judiciary ~ when it fails to deliver services and infringes upon ANY of our unalienable rights, ARE we the people OBLIGED TO OBEY IT?
These questions occupy we the people of HomaBay County as we keenly watch The Supreme Court on 7th February 2019, with the anticipation that its verdict will reflect the aspirations of the people of HomaBay and uphold our right to self determination and development.
I rest my case as one of the people whose mind these questions occupy!
Peter Ouma Muga – Advisor, Bunge La Wenye Nchi, HomaBay