January 4, 2015 Mad Hatter

MANY BEFORE WADI HAVE BEEN FORGIVEN BY THE STATE IS ALL WE SAY

WadiMost often we are so first to point a finger, to judge and say how evil another person is. Myself I know, each day I get second chances and I refuse the cheap path of condemnation. Even the worst in us, is still human.
I just chose a path that saw my role in what my peer did. My own societies love for sensationalism, my country’s intolerant culture.

Yesterday, I wrote an article on the case of Allan Wadi, which can be summarized as follows:

That What Allan Wadi did was extreme and against the law of Kenya and should not be condoned if we have to secure our nation.

That his prosecution however was not entirely procedural and is manifestly selective
That many high profile Kenyans, both in opposition and government have not been prosecuted
That the handlers of the Presidency were in part to blame for the disrespectful utterances against the President on Social Media

That to secure Kenya’s social media, we must rise beyond traditional retribution and build a value system that fosters restraint and respects divergent opinion.

And that Government is called to greater prudence and should handle official Presidential communication and Political communication distinctly to allow all Kenyan’s political affiliation notwithstanding, to relate to their President.

And finally, that it was my view that the President should consider pardoning Allan Wadi.

I have received overwhelming feedback o all my social media and personal platforms that warrant my response.
1. That the President is incapable of Pardoning Wadi as the law shifted the power (Government official): Lie, Article 113 of the Constitution allows the President power to grant a free or conditional pardon to a person convicted of an offence, postpone the carrying out of a punishment, either for specified or indefinite period substitute a less severe form of punishment; or remit all or part of a punishment.

The subsequent Power of Mercy Act provides for the Establishment of an Advisory Committee pursuant to Article 113 (2) of the constitution through which the President is petitioned. The office of the President provides the secretariat for the committee making this directly under the President.

2. Wadi was not imprisoned for insulting the President: The mandatory 1 year Jail term is in respect for undermining the Authority of the a Public officer. In the posts made by Wadi, two Public officers are mentioned, CS Waiguru and the President. In my view, his reference to CS Waiguru is sheer derogatory and defamation, what constitutes undermining is his reference to the President. So the state directly prosecuted Wadi because he insulted the President.

3. Wadi’s actions are extreme and two years is proportionate: Ferdinant Waititu, then an MP called for deportation of Maasai’s from Embakasi, saying they were Tanzanians and do not belong to Kenya, later he apologized and the charges were dropped. 2 People of the Maasai origin died allegedly on account of these utterances
Ali Chirau Makwere on July 1st 2010, Mwakwere said that the indigenous people in Coast have been oppressed by Arabs, when Mwakere offered an apology, the charges were dismissed.

Around August 2011, the commission on Cohesion and National Integration after it had charged MPs Fred Kapondi, Wilfred Machage and a business person Miller applied to withdraw the charges to seek alternative means of dealing with the three. The three would later be acquitted on account that the video recording showing them did not have a certificate of ownership.

Before Wadi’s irrational posts, he would pass as one reasonable Kenyan. The young man a Starehe Alumnus has a chance of contributing to a good nation. If you saw Wadi in court, he was apologetic and defeated and even claimed insanity.

Most often we are so first to point a finger, to judge and say how evil another person is. Myself I know, each day I get second chances and I refuse the cheap path of condemnation. Even the worst in us, is still human.
I just chose a path that saw my role in what my peer did. My own societies love for sensationalism, my country’s intolerant culture.

I will never advocate for disrespect to the President, I still stand by the last conclusion of my Article: LIEUTENANT WADI SHOULD BE PARDONED BY HE UHURU KENYATTA

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