Kenya’s New Constitution, The African Union And Genocide

When Kenya invited Omar al-Bashir, the criminal of Khartoum and one of humanity’s most execrable enemies to attend the inauguration of its new constitution on the 27th of August 2010 in the name of trying to be a good neighbor, it knew what it was doing. The Sudan genocidist, al-Bashir remains one of the most abominable blights on the face of the human race. He got to this horrible level of existence because of the rabid hatred that he and his likes in the Arab world has for the black race.

The Arab world has never contributed in any form to the enrichment of the black race other than enslavement and genocides. The Kenyan government should have realized that when it was being insinuated and goaded on by the fiction called the African Union in Addis Ababa that they never meant any good for Kenya or Kenyans. The AU is an Arab disaster which has proven over and over again that they are there to promote the negative Arab agenda over the African continent.  There is nothing in AU that is for the interest of Africa.

Just like many others of black Africa that has refused to become weaned from the aprons of the Arabs with their antics, the Kenyan government was completely conscious that they were making a mockery of decency and the supreme sanctity of human life when they were not being sovereign enough to condemn the willful destruction of human life and rather chose to celebrate genocide on fellow black race with the perpetrator. The people of Darfur and Southern Sudan were mass-murdered in their millions just because they were not liked by their so-called neighbors. Kenya as the “good neighbor” is a witness to this heinous crime against humanity as committed by this man al-Bashir. Yet they felt that the best way to compliment him was to openly celebrate him. Complicity with any crime puts one in the same position as the criminal. Kenya’s Prime Minister Raila Odinga and some other officials of his government have confessed to doing wrong in celebrating genocide and its perpetration and, said sorry. Now let’s consider that for a minute, does that diminish this crime? Of course we all know that the answer is no.

The attainment of the position of leadership is supposed to be based on the trust reposed on the leaders by the people they lead and the trust must be earned over time. The truth is that Africa must learn and begin to think for itself and stop being puppets of all these people who do not have its interest at heart. It does not leave anyone in doubt that by this association the celebrated Kenyan constitution has been tainted and can no longer be regarded by any decent people as a symbol of hope and justice to all persons and their citizens because it was inaugurated in the presence of the terrible crime of genocide. The genocide we are talking about is that of the same kind of people that this new constitution is meant to protect.

A people’s constitution is their most sacred and cherished possession because it is the most important thing that preserves, sustains and advances a society. So on what moral basis can this new Kenyan constitution be said to be inaugurated; on falsehood and a celebration of the crime of genocide? Kenya is a signatory to the Rome Statute that established the International Criminal Court. The Rome Statute is a set of rules made to regulate the conduct of the parties to it but on the occasion of the adoption of another set of rules – a nation’s constitution then the other is flouted willfully and deliberately. The strength or sanctity of all rules or constitution lies in the keeping of or living by them. When any legal instrument is flouted with any kind of flimsy reason then it becomes worthless. Indeed it comes to worth less than the paper on which it is written. The reason is simple, the efforts used in drafting it have been wasted and those wastes go further to devalue those words on the paper. More so, it makes a mockery of the people who commissioned the project and those who spent time doing it.

Now that brings us to the point where we have to ask, what is wrong with the old Kenyan constitution? Is it being abandoned because it is faulty in any way, in what ways? This new constitution is said to be based on the United States constitution. What guarantee do we have that because the model has worked in the US so it will work in Kenya? The strength of all constitutions lies in the moral strength of the people who operate them. Now in all sincerity does the action of the Kenyan government in letting the Khartoum Criminal grace the inauguration leave anybody in doubt about how this new constitution would be treated? Can anyone tell the African states that there is hardly ever anything wrong with any set of rules but that there is always everything wrong with the people when any constitution goes wrong? No legal instrument can by itself function or perform any duty. It is always the people who cause the statutes to perform the functions they were made to do.

In this case the Kenyan government has made a mockery of itself and proved that the new constitution they are adopting has failed from its beginning. The government has shown that it has no willingness to keep any laws and can go ahead and model any constitution after any other but it will be just as a show – a show of shamelessness. This government in Nairobi and the people that operate it cannot live by any laws no matter how simple. The Rome Statute is simple enough and all the parts of it in regard with this matter are very clear, yet the Kenyan government chose to rubbish it by a willful amnesia, pretending ignorance so that they can apologize later. But the simple counsel which experience has shown does not go wrong is that it is always better safe than sorry. Every decent person and organization warned or pointed out the illegality of their proposed action before it took place but they went ahead anyway.

Kofi Anan, Human Rights Organizations, Amnesty International amongst others tried to speak reason to Kenya about the consequences of their action but they were hell-bent on exhibiting crass irresponsibility and pure disregard for decency. They were bent on carrying out their predetermined act of willful and deliberate act to make nonsense of all laws and not just any laws but those that have to do with the sanctity of human life, genocide. By this singular action, all those behind this show of shame should be disqualified on moral grounds from presiding over the affairs of any society of humans. Indeed the people over whom they rule should justly revolt against them. The people should realize that these are nothing but clowns who have not the slightest regard for any laws and will have no qualms any day if they had to but in a heartbeat willfully destroy their own lives and the best they would do after is to say sorry.

For anyone who thinks that we are overstretching the fact let us illustrate with a very recent and shameful history. The very disgusting and horrible fabrication called Nigeria is a perfect example of the predictable consequence of the horrifying charade that has just taken place in Uhuru Park in Nairobi. In the month of October 1963 the now moribund and failed geographical expression also known as Nigeria had just adopted a brand new constitution and in less than three years it had degenerated into the typical Africa’s willful amnesia, so between 1966 and 1970 it committed the worst kind of genocide that has ever been witnessed by humanity. The extent of this horrendous genocide is worse than anything anyone without any set of rules or constitution can ever imagine to duplicate.

In less than three years, the Nigerian state had their brand new constitution in which no doubt contained the sanctity of the human life and the respect of the right to life and property of every law abiding citizen, in one hand and in the other bombs and tanks and, bombed and murdered with relish 3.1 million defenseless Biafrans into oblivion. Constitutions and the enforcement of their tenets are supposed to instill order and civility in any society but it is only if the people adopting them are willing to conduct their lives by these injunctions. The truth of this is not hard to establish when we consider the fact that Nigeria with their new constitution wide open before them went on the killing spree with reckless abandon. And what method did they use in murdering these 3.1 million Biafrans? With a fresh, glistening, refined and civilized constitution and with the glossy pages still smelling fresh of the printer’s ink in their hands, they stooped down and raped the girls and women of Biafra till they died. They opened up the bellies of pregnant mothers and took out the screaming fetuses and squished them like ants. They filled up watering wells with Biafran mothers, boys and girls and hauled heavy boulders over them. Does anyone try to imagine that these babies, children and women were not dumb at the time they were being murdered? Yes, they could speak. So, they were screaming and crying and asking to be spared by their brand new constitution-wielding murderers. What about those who were beheaded and, how their blood speared and scattered and drenched their human butchers and smeared the pages of the brand new constitution?  

That is the way it is when brutes adopt new and refined constitutions without the will to be refined and do the right thing. You begin to do the right thing when you stop acting to please any group to which you sheepishly want to belong and be approved of such as the African Union. It is not the constitution that refines the people by the mere possession of it but it is a willingly refined people that make a constitution what it will be – refined or defiled. While the brutal and horrendous genocide was going on against the Biafran little children and their mothers, what did the African Union do? They dispatched Egypt as a member state to send men and arms to the genocide state Nigeria to enable them do a very thorough job. What did Britain the civilized nation that pride themselves in their so-called unwritten constitution and civilization do? They came with men, warplanes, bombs and poisons to kill off Biafran babies and small children.  They went around the world and lobbied so that people with eyes would see nothing and say nothing about the genocide in Biafra. The United Nations was not at home while the mayhem lasted. USSR or today’s Russia, would not be left out, they came with all the centuries of civilization behind them and their socialistic justice system and together with the others they had a great time slaughtering Biafran boys and girls and their mothers.

And what about United States whose model of constitution Kenya has just adopted, what part did they play in the Biafran genocide? They were neutral? So you think? But soon after Biafra had been bombed into near-obliteration, the United States came and got a very big chunk of the share in the genocide booty. Therefore, the Biafrans of today will like to know the actual part that US played in the genocide in Biafra. Just for the sake of it, let the US come clear of any wrong doing while the Biafran genocide lasted. Let them give the world their official position in a clear language and put Biafrans’ minds at rest.

Before now Biafrans had tried to understand why Kenya never condemned the Biafran genocide and why their Ali Mazuri had the obnoxious conception of fictitiously putting Okigbo on trial for dying for Biafra. But today Biafrans understand, the event of the 27th of August 2010 has answered that question that has long agitated the Biafrans’ mind. So, in spite of everything, we can only remind Kenya and all others like them that what makes a lawless society a lawless society is not the lack of any set of rules or constitution but rather the lack of the people with the will to preserve and respect whatever set of codes and laws they have got.

Osita Ebiem” <>