To honour Raila, we must defend human rights, uphold rule of law

Described by his old friend Prof Anyang’ Nyong’o as “the return of the lion to the mountain,” Raila Amolo Odinga’s death has left Kenya transfixed and in deep reflection. While most attention has focused on his political choices and legacy, his lifelong commitment to human rights deserves equal recognition.

During the 1980s and 1990s, Raila Odinga joined a small, yet dedicated network of courageous activists committed to restoring multi-party democracy, constitutional reforms that would bring to an end oppressive laws restricting civic freedoms for millions. For these conscious choices, he directly experienced several significant human rights violations.

Like Billy Mwangi, Gideon Kibet, Peter Muteti, Bernard Kavuli, Rony Kiplang’at and others, it took habeas corpus applications to have Odinga released from detention without trial. Detained in Kamiti, Shimo la Tewa and Manyani among others, he experienced some of the worst maximum-security prisons in the country at the time. In 1991, Amnesty International recognized him as a Prisoner of Conscience alongside over 100 others to highlight the unjust nature of his imprisonment.

Like KHRC staffer Martin Mavenjina this year, Odinga was forced to leave Kenya for Uganda in 1991. In Odinga’s case, the NRM authorities denied him asylum, and he fled for Norway to escape political persecution. Like film makers Nicholas Wambugu, Mark Karubiu, Brian Adagala and Chris Wamae, a younger Odinga was subjected to state sponsored surveillance, harassment and arrest. Just as Ida and the Odinga family stood by him, Njeri Mwangi and their children steadfastly support Boniface Mwangi today.

In place of his fearless advocates Paul Muite, John Khaminwa and Kiraitu Murungi now stand Faith Odhiambo, Mwaura Kabata, Ian Mutiso, Gloria Kimani, Abner Mango and hundreds of Law Society of Kenya members. A new generation of journalists and medics has also risen. They continue the past legacies of Gitobu Imanyara, Bedan Mbugua, Njeri Rugene as well as Dr Lyng Kituyi, Dr Emily Rogena, and others in defending non-violent public dissent.

As his choices shifted towards the seizure of political power through electoral means, Odinga repeatedly alleged state use of public resources for unfair advantage, electoral fraud and state sponsored violence by incumbent administrations. Since 2007, every general election has been contested, with the last two 2017 and 2022, increasingly resembling the post-election crisis of 2007 rather than the democratic ideals of Article 81 of the Constitution.

As we rightfully decry, delight in and deconstruct the legacy of one of Kenya’s most influential politicians this weekend, let us not lose sight of the man that battled injustice to assert a new constitutionalism grounded in social democracy, justice and human rights. He was not only a colossus of a Kenyan. At his best, he was the product of several networks that sacrificed and gave selflessly for the ideals that he believed in and they shared. Despite the self-interest based transactionalism today, those 1980s and 1990s networks have not died.

We have seen them manifest in a new generation in the 2020s. This generation continues to urge East African leaders to honour his memory by living up to the values he stood for. Repeal oppressive laws and stop state surveillance, intimidation and violence. Release Nick Oyoo, Bob Njagi (Kenya), Tundu Lissu, Humphrey Pole Pole (Tanzania), Dr Kizza Besigye, Sam Mugumya (Uganda) and all the political prisoners across East Africa. Transform policing so that even those that came to mourn Raila on Thursday, unlike Meshack Okode and at least two others, can go home alive. Cease the lawfare that makes a free and fair electoral landscape impossible and the possibility of unconstitutional and unlawful seizures of power closer, by the day.

These are the actions that would be a true tribute to 'Jakom’. They would be far more meaningful than hollow speeches that praise the man but ignore his ideals. The power of Raila Odinga’s life lay in his most virtuous values, not merely his existence. My deepest condolences to Mama Ida, the family, his party comrades, all former and present political prisoners of conscience and the nation. Rest in Power Sir.

Irungu.houghton@amnesty.or.ke