The High Court has classified as urgent a petition challenging the recognition of 130 individuals as national heroes on Mashujaa Day.
High Court Judge John Chigiti ruled that the case, filed by John Nyongesa and the Safari Salama Preservation Foundation, needed immediate attention. He directed Nyongesa to serve court papers to Attorney-General Dorcas Oduor and the National Heroes Council.
Nyongesa contends that some nominees lack the necessary distinction for such recognition, referring to them as “nondescript” individuals compared to iconic figures like freedom fighter Dedan Kimathi and heroine Mekatilili wa Menza.
“Declaring ordinary individuals as national heroes violates the Act and diminishes the value and prestige of that honor for truly deserving figures like Field Marshal Dedan Kimathi Waciuri and Mnyazi wa Menza (Mekatilili wa Menza),” he stated in his petition.
He highlighted that the National Heroes Council had solicited nominations for suitable candidates in August 2024. However, when the government published the list of 130 individuals, it failed to clarify the selection process or provide details about their achievements. Nyongesa pointed out the absence of evidence for public entries or submissions.
Additionally, he claimed that the proposed list was never published in at least two national newspapers, as required by law for public engagement. According to the Kenya Heroes Act of 2014, such recognition must come from distinguished, selfless, and exemplary service to the nation.
The list includes politicians, freedom fighters, peace ambassadors, sports personalities, spiritual leaders, academicians, environmentalists, and entrepreneurs, with at least 28 individuals set to be recognized posthumously.
Nyongesa stated that the decision to declare these ordinary individuals as national heroes threatens to distort Kenya’s historical record and national consciousness. He stressed the need for immediate court intervention to preserve the integrity of the nation’s history.
The recognition ceremony is slated for Mashujaa Day on October 20, 2024. Justice Chigiti has scheduled a mention of the matter for November 13 to set a date for the ruling.
