I have been meaning to say something about this Allan Wadi horror story but there has been so many things to do. Now I am going to pay it a mind.
Here is the case.
So what are the issues:
1. The usual status quo crowd are screaming he pleaded guilty and that means this was all fair and square. Rubbish. I say this because I have pleaded guilty twice during the Mwakenya era for alleged crimes I knew and the state knew I did not commit. The first time I was a student and after 3 months of torture it was all I could take. The second one I was a lecturer at the then Mombasa Polytechnic and after being at Nyayo House in the swimming pool for ages I pleaded guilty on a trial which lasted two minutes. So only those who do not know how the terror instruments of the state works can say pleading guilty means you are actually guilty. This guy was arrested in Uganda on Dec 31, 2014 allegedly for insulting Uhuru and posting hate material. He was driven to Nairobi and by Jan 2, 2015 he was jailed. That is swift.
Word on the ground is that he was driven to Nairobi blind folded (I know how that works). He was molested and threatened with being dumped in a lake somewhere unless he agrees to plead guilty. He obliged and they rushed him to court the next day and kaboom he is locked up. It is not too hard to see how this worked out. And when they are squeezing the hell out of you they tell you, oh just plead guilty and we are going to be lenient and give you probation. Big lie but when you are desperate and alone you will fall for that trick. It is like taking you to the doors of hell and telling you just to go in and after that the big Satan (Obel Sibuth) will send you back. Obel sends nobody back.
2. What exactly was this man charged with. Insulting the president is not a crime anywhere in the world except may be Mobutu’s Zaire and Amin’s Uganda oh and Moi’s Kenya. Are we there yet? They have something about demeaning a public officer etc. What the heck is that? Was he actually charged with hate speech? There is no record of that. I will come back to this later.
3. The man was arrested in Uganda. Under Kenyan laws, unless they have been suspended, Kenyan police cannot arrest people in another country. That is pretty much universal. If there is a Kenyan suspect who is in another country, Kenya asks that country to extradict them back to Kenya. That is actually a judicial process. It is not a big deal. The Uganda government would have extradicted this guy in a few days. But this was a commando raid to capture a “deadly” enemy of Kenya. Don’t laugh.
What happened here was kidnapping which is a big time criminal activity. But this is what you get when you have criminals running the country. The laws of the land is a remote fiction to them. I think this was an operation carried out by NSIS. Now you see why Uhuru wanted NSIS to start arresting people. Special Branch of the 1980s is back with a new name. In any event, on the basis that this was kidnapping, Allan Wadi has every right to seek redress, file a case in the High court on the grounds that you were kidnapped and have this conviction thrown out. It is doable. I hope the lawyers that CORD promised to get to help him explore that angle. That will bring a whole new dimension to this charade.
4. There should be a formal appeal on this matter so that Mr. Wadi can come to court and tell Kenyans what happened. Hopefully Mutunga can assign the judges to handle that appeal as soon as possible. There are other things we will talk about later. But the key issue here is that these are the reasons Uhuru is struggling to mutilate the new constitution of the republic. The template for emperor Uhuru are being set. We have to fight against it now or forever remain silent and probably in jail.