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On Monday June 30 2014, Mombasa Woman Representative Mishi Juma Mboko appeared before Mombasa High Court to answer to charges of incitement to violence and disobedience of Law. Mboko was accused that on June 1 this year within Mombasa County she allegedly said, "Kenyans are going to bring revolution for this country. Enough is enough we are tired as Kenyans! Revolution is with the people and sovereignty is with the people. Revolution is with the people. People's power! People's power! She was also accused inciting ethnic hatred contrary to the National Cohesion and Integrity Act.

State Counsel Alex Muteti argued that Mishi should not be free on bond arguing that the charges levelled against her were serious. However, CORD Senator James Orengo representing the accused, said his client deserved a fair hearing since what she had said was ''nothing but the truth and is protected by the Constitution.''

Comment

What appeals to the eye with regards to this case is the clash between the defendant's side and that of the prosecution. The prosecution held that the statement given by the defendant went against the constitution and canon. On the other hand, the defendant maintained that she relied upon the provisions of the constitution with respect to freedom of expression. The prosecution side headed by the state counsel argued that Mishi was guilty of issuing a hate speech. It is clear for one to perceive the collision of the man made constitutions with its canons. Likewise, it is quite apparent to conceive the lies of the democratic governments who claim to hold freedoms with high esteem. The true meaning of freedom of expression is adorning the evil of the rulers and once you go against the wishes of the rulers the so-called freedoms are set aside and one could be prosecuted and jailed.

The charges brought up against Mishi is part of the political contention between supporters of the Jubilee government and those of the opposition under the Cord Union led by Raila. What currently prevails between Cord and Jubilee politicians is the democratic political circus. Once they are in authority, they strive hard to intimidate their opponents. On the other hand, the opposition who claim to be the liberators are actually nothing but two sides of the same coin. They are all followers of the corrupt democratic political system that calls for tribalism, animosity, greed and corruption. Their call entice only when they want authority and once they achieve their goal, their evil becomes manifested moving from one place to the other spreading mischief. Allah (swt) says in Quran 2: 204-205,

وَمِنَ النَّاسِ مَن يُعْجِبُكَ قَوْلُهُ فِي الْحَيَاةِ الدُّنْيَا وَيُشْهِدُ اللَّـهَ عَلَىٰ مَا فِي قَلْبِهِ وَهُوَ أَلَدُّ الْخِصَامِ * وَإِذَا تَوَلَّىٰ سَعَىٰ فِي الْأَرْضِ لِيُفْسِدَ فِيهَا وَيُهْلِكَ الْحَرْثَ وَالنَّسْلَ ۗ وَاللَّـهُ لَا يُحِبُّ الْفَسَادَ

"There is the type of man whose speech about this world's life may dazzle thee and he calls Allah to witness about what is in his heart; yet is he the most contentious of enemies. When he turns his back his aim everywhere is to spread mischief through the earth and destroy crops and cattle. But Allah loveth not mischief".

As for Mishi's statement that sovereignty belongs to the people of Kenya, it is indeed sad to learn that such words that go against the Islamic faith could come out from the mouth of a Muslim woman. If sovereignty belongs to the people as claimed, then why do we find many laws being passed that harm the citizen without their consultation, how many times have we heard stories that members of parliament were bribed to pass a certain legislation. The truth is that sovereignty in the democratic system is for the few capitalists who enrich themselves at the expense of the poor citizens.

As for the need for the citizen to bring change, this is important but not in the manner proclaimed by Mishi and her superiors. A lot has been done in the name of change such as bringing in multi party democracy, change of constitution but nothing bore any fruit. All these have been like a mirage in sandy deserts, which the man parched with thirst mistakes for water; until when he comes up to it, he finds it to be nothing. The essence of the problems witnessed in Kenya, is the Western colonial capitalist system. Changing party, leadership, constitution, government structure and the like are efforts to prevent real change and trying to extend the colonial rule which is in its final breath.

The true change is fundamental change i.e. work has to be done to establish the Islamic system that has the ability to bring real revival not just in Kenya but across the entire world.

Written for the Central Media of Hizb ut Tahrir by
Shabani Mwalimu
Media Representative of Hizb ut Tahrir in East Africa