The High Court has certified as urgent a petition challenging a list of 130 people set to recognised as national heroes on Mashujaa Day.
High Court Judge John Chigiti certified the case by John Nyongesa and Safari Salama Preservation Foundation as urgent, and directed him to serve the court papers on Attorney-General Dorcas Oduor and the National Heroes Council.
Mr Nyongesa argues that some of the persons set to be recognised alongside national heroes, including freedom fighters Dedan Kimathi and heroine Mekatilili wa Menza are ‘nondescript’ individuals.
“Thus, declaring ordinary folk as national heroes violates the Act and demeans the value and prestige of that honour for the truly deserving like Field Marshal Dedan Kimathi Waciuri and Mnyazi wa Menza (Mekatili wa Menza),” Mr Nyongesa said in the petition.
Mr Nyongesa said the council called for nomination of suitable persons in August 2024, to be recommended for declaration as heroes.
The notice required the nominees to demonstrate extraordinary patriotism, selflessness, courage, perseverance, integrity, commitment, expertise, talent, innovativeness, discipline, optimism, or creativity.
Later, the government came up with a list of 130 individuals but failed to show how the nominees were picked, their achievements or entries and submissions received from the public.
He said as far as he can tell, the proposed list was never published in at least two newspapers of national circulation as required by law, for public engagement.
Under the Kenya Heroes Act, 2014 such recognition and honour accrues from distinguished, selfless, and exemplary sacrifice and service to the nation.
The list includes politicians, freedom fighters, peace ambassadors, sports personalities, spiritual leaders, academicians, environmentalists and entrepreneurs.
Mr Nyongesa said declaring ordinary folk as national heroes violates the Act and demeans the value and prestige of that honour for the truly deserving.
“The applicants, therefore, impugn Respondents’ decision to declare the 130 individuals as national heroes unlawfully. The decision, which lacks transparency, violates Articles 10 and 11 of the Constitution and sections 23 of the Kenya Heroes Act, 2014, on illegality, unverifiability, and inadequate public engagement,” he said.
He said the action threatens to distort Kenya’s historical record and national consciousness, making immediate court intervention necessary to safeguard the integrity of Kenya’s national history.
The individuals are set to be recognised and awarded on Mashujaa Day on October 20, 2024.
