Petitioner: Repeal Chapter 6 to let leaders ‘sin freely’
Talanta Ajira founder Bryan Juma during an interview with the ‘Nation’ in Mombasa on October 21. Tired of the violation of the integrity provisions, Mr Juma calls for pragmatism.
Whenever Mr Bryan Juma sees something that doesn’t sit right with him and with Kenya’s laws, he gets this irresistible urge to send a petition to Parliament.
That is why, so far, the 40-year-old businessman in Mombasa has three petitions sent to the National Assembly for action. None has been acted upon, however. He drafts them at his base in Mombasa then delivers them via courier firms. Mr Juma, a father of five, is a fan of the Constitution. He has three copies of the supreme law and whenever he has free time, he pores through it.
“Whenever I’m free, I just go through it. And when there is anything I don’t understand, I have lawyer friends,” he tells Sunday Nation in an interview where he shows up carrying a copy of the Constitution.
His first petition to the National Assembly was received on May 28, 2021. In it, he was asking for the dropping of the name ‘Wanjiku’ that is often used to refer to the ordinary Kenyan.
“I feel that the use of the term to refer to Kenyans is biased; in bad faith; in bad taste; and is malicious,” Mr Juma wrote.
He went on to discuss the origins of the name, which are attributed to second President Daniel arap Moi. Then he posed: “If Moi used the term to refer to Kenyans, then my question is: was Moi always right?”
He also noted that in the United States, the term ‘Common Joe’ is used to describe the average American. “The use of ‘Ordinary Joe’ or ‘Common Joe’ in the US is different from the use of ‘Wanjiku’ in Kenya. In Kenya, ‘Wanjiku’ is a direct noun specifically owned by the Agikuyu,” he argues.
Winding up the petition, Mr Juma asked Parliament to give blessings to the term ‘Wakenya’ rather than Wanjiku. In our interview, he said there should be public participation and if Kenyans agree to go with Wanjiku, “then it will be well and good”.
The term of the 12th Parliament ended without action being taken on the petition. In September, he resubmitted it.
“Before I castigate them (Parliament), I have to give them a chance by submitting my petitions. If they don’t respond to them, the next step is to go to the Judiciary. Then if the Judiciary will throw it away or will fail to investigate, I’ll go back to the people because all powers are vested in us and we can either act directly or indirectly,” Mr Juma says.
Mr Juma is a hotelier. He is also a marketer and a talent coach. He has since submitted two more petitions—one inviting Parliament to discuss whether Kenya needs Chapter Six of the Constitution and another calling for churches to be taxed.
In the petition on Chapter Six, Mr Juma argues that the standards it set on who is fit to lead in Kenya have hardly been followed. “I pray that Parliament creates legislation to affirm if we really need Chapter Six in the Constitution or not, rather than having and abusing it,” he writes.
“Chapter Six of the Constitution has faced violations by independent commissions, public officers and even the Judiciary.”
He told us in the interview: “It is safer for them to pass legislation to have it out then they can sin freely. They can select criminals, they can have them in every position they want as long as it won’t be here and being abused.”
In the petition touching on churches, Mr Juma argues that the institutions should pay taxes because the services they offer, like schools and hospitals, are among the most expensive.
Caesar’s share
“Churches have the most expensive hospitals. [They] hire venues for congregants and content creators at very exorbitant prices. [They] are running commercial media stations, profiting from adverts and are selling merchandise [like] anointed oil, clothes, handkerchiefs,” he argues. “I pray that Parliament creates legislation to have equal and fair treatment on taxation and provide clear exemptions where need be on a fair projection,” he writes.
He told Sunday Nation last week: “The three petitions have been formally received, one being a repetition. If they won’t deal with it, I will not leave the baton there; I will head to court. If it won’t work, I’ve already made partnerships with the likes of Kituo cha Sheria, Haki Africa, these human rights bodies. We’ll have to mobilise citizens so that we can find a way of having our voice heard at whatever cost.”
He is also planning to send a petition on free secondary education and the hidden levies that slash the capitation per student before the money even reaches the school. So, what inspires him to send petitions even when they don’t see the light of day?
“I am a loyal citizen. I always want to be on the right side of the law. But at times things happen that irritate you to the extent that you feel like renouncing your citizenship. At other times, you hope that the leaders you have, whom you rely on, are helping you raise your voice, but they don’t take the steps you want them to take,” he said.
Mr Juma operates from three constituencies: He resides in Jomvu; his personal office is in Changamwe and his town operations are done from Mvita. So, why can’t he use an MP?
“I’ve been calling my MP (Bady Twalib). We’ve been talking, but concerning the petition about Wanjiku, the person I was talking to was Abdulswamad (Nassir),” he said, adding he has many reasons for sending the petitions himself. “When we send our elected leaders, some of them reach there and become silent. I don’t know if it’s fear of talking or what. And some of them reach there and misquote us. They misquote the exact words they were told to go and ask. That is why sometimes we are forced to go on our own so that my words cannot be misquoted.”
According to Articles 37 and 119 of the Constitution, every member of the public has a right to petition Parliament on any matter that is under their jurisdiction. The procedure stipulates that the person sends such petitions to the office of the Clerk of the National Assembly or of the Senate. Upon receipt, the petitions are forwarded to the Speaker for approval and onward tabling in the House.
In the House, the petition will be read by the Speaker and committed to the relevant committee. The public can petition the House directly or through their elected leaders. In the 12th Parliament, the committee to which a petition was committed had 60 days to consider it. If necessary, the committee could engage the petitioner and other stakeholders then report back to the House on its verdict. However, towards the sunset days of the 12th Parliament, Standing Orders were reviewed and the current Parliament has a stand-alone Public Petitions Committee.
In forming the Public Petitions Committee, MPs acknowledged that the House receives many petitions from the public that warrant the attention of a dedicated team. They noted that most petitions from members of the public which are not effectively handled by the various committees, hence the creation of a single committee to handle them.
The House also said it will set aside a specific place where they can picket for a specific period of time before their petition is taken by a relevant department. With the change, petitioners like Mr Juma can hope that their cases will be considered.
