Petition filed against 130 individuals set to be feted as heroes on Mashujaa Day

A petition has been filed challenging the selection of 130 individuals set to be honoured as national heroes during this year’s Mashujaa Day celebrations on Monday, October 20, 2024.

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 argued in the petition filed at the High Court.

The National Heroes Council 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.

The High Court certified the petition, filed by John Nyongesa and the Safari Salama Preservation Foundation, as urgent.

High Court Judge John Chigiti further directed Attorney-General Dorcas Oduor and the National Heroes Council to be served with the court papers.

He further scheduled the mention of the case for November 13, 2024, to set a ruling date.