An editor of one of Kenya's better known dailies penned a virtual Diatribe, the other day,(Refer-DN, Friday. 20th July 2012). What one found most untenable was the element of uncontrolled anger (perhaps, outright hypocrisy) in the defence of one-now very famous author's right to self-same expression.
For considerably many years, one is yet to read a more distorted, if not plainly gratuitous notion of the defence of our much hallowed, "Freedom of Expression." In that class it would appear that it is right and proper for one author to hurl unrepeatable invectives at people he has known or worked with in confidence but any response to him "bespeaks of intolerance that harks back to the Moi era".
Well, the learned editor was being less than honest here; for it is difficult to really believe that any of the responses to our prodigal author (you know who) merits such choicy epithets: disappointed, disgusted, horrified, shocked. Really? Is it merely because, other aggrieved parties are actually using the same air and space to articulate their venom, anger and disgust? Can't villagers in rural Ahero, undertake their version of harmless, symbolic revenge, if this be the only way to feel atoned?
But let's also get some other facts right: many of us lived through the full epoch of the admittedly, very lethal Moi era-yet, in searching down memory lane, nothing, indeed, compares to the recklessness and defamatory potential of the latest book! Actually, nothing written by anyone in the Moi era, referring to both sins of omission and commission by colleagues or former benefactors; including the people who definitely suffered most, have ever been so caustic, abusive, self-glorifying and as unsubstantiated. Indeed, methinks, that those trying to compare this mess with the John Githongo odyssey are of course-splitting hairs (most selfishly); because quite certainly, Mr Githongo does not belong to the class of crude, reckless braggarts: not the John Githongo we know of in the public domain.
One does not know what it means, to frighten the Press with "whispers of law suits," but one hopes these are not mere whispers. There are definitely set limits to any freedoms and my advice would be unequivocal: if it must come to criminal libel then let it be. For I do not think any Kenyan deserves to be dragged in the mud; hanged in the public gallery on the simplistic basis of one individuals rantings. I know for certain that the standards of proof required, must be above reproach; certainly not gossip and rumours collected as we go along.
To be sure, it feels better ( in retrospect), that our laws on criminal libel have –after all- been preserved: clearly some forms of mischief would have to be restrained for the good order of society anytime in history. For it remains patently unfair, prejudicial and reckless for an editor or any other person- to state matter of factly that public monies have been stolen. Yes, our country stinks with historic malfeasance; yet same democracy and justice will requires that there has to be fair hearing and that only the highest standards of proof be laid down before anyone can be so judgemental.
It is equally shocking to read a new paraphrase of democracy; to include, the freedom "to express an odious, bad, uninformed, stupid opinions." If these be truly so, then why get so upset with villagers who retort in similar measure? But why would police seeking information on serious allegations made by someone, so publicly be construed to mean harassment?
In my view, even our most popular newspapers ought to own up to the fact that none of us is perfect; least of all, selfsame, Media institutions. For it is a matter of the record, how many malcontents besmirch the noble name of the practice; how many try –all the time-to rake in scandals and controversy where perhaps none actually exists, merely because the primary motive is to rope in political opponents. Yes, I do know that our most popular newspaper has severally refused and neglected to as much as acknowledge or concede, that some people previously adjudged guilty-have been cleared by the investigative institutions we have so painstakingly set up for these purposes. What democracy can that be!
If you really care to know, there is an abiding disease in our midst that is truly ubiquitous: the tragic mindset that everyone in government corridors is corrupt (unless proved otherwise). Of course I do not intend to hold any briefs; but certainly, far too often, our papers hang people haphazardly and rather recklessly not just on nobly-intended programmes such as the Kenya Youth Empowerment Programme (KKV), but on a whole range of suspicions and spurious allegations.
The case here is quite simple: If you really believe in defending everyone's right to say what they will, then please, grant us too, villagers, the right to express our anger in the manner and style that gives us much needed Aristotelian Catharsis. And of course, ultimately, let our courts of true justice-be the respectable, final arbiters on this latest craze, even as the drama unfolds-obviously- to its diminuendo.
*Dr Outa, Works as 'Communications Advisor' in the Office of the Prime Minister and expresses the views herein in a personal capacity.
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