Petitioners seek to block list of 130 people to be feted as national heroes, heroines on Mashujaa Day
One hundred and thirty people set to be recognised as national heroes and heroines on Mashujaa Day slated for October 20, 2024 might not see this reality after two petitioners moved to court to challenge the list generated by the National Heroes Council (NHC).
High Court judge John Chigiti yesterday certified the case filed by John Nyogesa and Safiri Salama Preservation Foundation as urgent and directed that the court papers be served to Attorney General Dorcas Oduor’s office and to the NHC.
According to Nyongesa, some of the individuals on the list, who will be recognised alongside celebrated freedom fighters such as Dedan Kimathi and Mekatilili wa Menza, are “nondescript” and undeserving of the national honour.
“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 (Mekatilili wa Menza).” Nyongesa says in the petition filed at the High Court.
NHC issued a call for nominations in August 2024, asking for individuals to be recommended based on criteria such as patriotism, courage, selflessness, and exceptional service to the country.
However, Nyongesa claims that the subsequent list of 130 individuals, released by the government, fails to explain how the nominees were selected or their specific achievements.
He also states that the list was not published in two national newspapers as required by law to ensure public participation.
Nyongesa contends that the recognition of ordinary individuals violates the Kenya Heroes Act, 2014, which specifies that national heroes should be honoured for distinguished and exemplary sacrifice and service.
The list, which includes politicians, freedom fighters, peace ambassadors, sports figures, spiritual leaders, academics, environmentalists, and entrepreneurs, also names 28 individuals who will be recognised posthumously.
“The decision to declare these 130 individuals as national heroes is unlawful. It lacks transparency and violates Articles 10 and 11 of the Constitution, as well as Section 23 of the Kenya Heroes Act, 2014, concerning illegality, unverifiability, and insufficient public engagement.” Nyongesa said.
Nyongesa further argued that the move threatens to distort Kenya’s historical record and national consciousness, making immediate court intervention essential to protect the integrity of the nation’s history.
He further scheduled the mention of the case for November 13, 2024, to set a ruling date.
