GHAI: Patriotism, a national value – What does it mean?

The Oxford English Dictionary defines patriotism as “love of or devotion to one's country”. But what does it mean in our Constitution (Article 10) and to whom who does it apply?

Is it problematic?

I have tended to view the concept of patriotism with some reservation. I had long conversations with university friends about it. The then fairly recent World War II may have been a factor in our attitudes.

The damage done by nationalism was only too clear. And what really was the difference between patriotism and nationalism? (As the author of a book in 1836 wrote of patriotism, “Too often [it is] the hatred of other countries disguised as the love of our own.”) 

That one of us was Jewish, whose family had migrated to England after her father – remarkably – had been released from the Nazi concentration camp, Dachau, could only have reinforced our perceptions.

And the way in which, say, football patriotism, can all too easily deteriorate into football violence – treating other fans not just as friendly rivals but as enemies ⸻ also casts doubt on the assumed benign nature of patriotism.

How do readers feel when they hear talk, for example of MAGA – Make America Great Again?

The eminent 18th Century political thinker and writer Samuel Johnson once famously said, “Patriotism is the last refuge of a scoundrel.”

Apparently, however, Dr Johnson was speaking of a particular politician whom he despised. He wrote a good deal about patriotism – good and bad patriotism, you might say.

For example, "A patriot is he whose publick conduct is regulated by one single motive, the love of his country; who, as an agent in parliament, has, for himself, neither hope nor fear, neither kindness nor resentment, but refers everything to the common interest." 

How did patriotism get into the Constitution?

The 2002 draft constitution did not use the word. During the Bomas National Constitutional Conference the Committee on Culture said, “… there should be development of the people in the communication, transmission and development of their Culture. Some other Articles usually add patriotism but we did not put that it has its own problems.”  

However, the final Bomas draft said, “The State shall – (a)  promote national unity and develop the commitment of all citizens to the spirit of nationhood and patriotism.”

The second Committee of Experts’ draft retained the idea of that commitment of citizens, but removed the clear obligation of State organs, State officers, etc, to promote the commitment. That is the final position in the Constitution.

So now that Article does not so much envisage state bodies encouraging patriotism in the public. It demands that state and public officers reach patriotic decisions. Though every person must also be patriotic if they apply the Constitution or law, or make or apply any public policy decision, this is relatively rare for those not in the public sector. 

How is it actually used?

Governments like to use “patriotism.” It is used, I suggest, to give legitimacy to what government has been doing. President Uhuru Kenyatta (or whoever wrote his State of the Nation Addresses) was particularly fond of this.

In his 2019 address the word appeared 34 times. Patriotism was promoted by various award ceremonies, facilitating participation at the EAC Jua Kali Nguvu Kazi, strengthening co-curricular activities through championships, competitions and festivals in drama, music, sports, and essay writing, in showcasing tourist attractions, KRA sensitising tax clubs in high schools and universities, sensitising citizens in interactive barazas on patriotism.

The ‘Buy Kenya Build Kenya’ initiative through purchase of local products and services was more a manifestation of public patriotism.

Interestingly President William Ruto in his 2023 State of the Nation address last year, took a completely different approach and did not use instilling patriotism as a way of highlighting what his government had done.

Other state bodies also use patriotism to appeal for support. In 2008 the Ethics and Anti-Corruption Commission issued a guide titled “Rekindling the Spirit of Patriotism”. They gave examples of patriotic behaviour, including, naturally, “fighting corruption”.

The state officer most strongly committed to this concept was probably the former Chief Justice Mutunga.  His particular aim was to develop “robust patriotic and indigenous jurisprudence”. In a 2012 lecture, he said, “Patriotism involves putting love of country above love of self.

For a Judge it does not mean putting country above justice. I conceive that it requires the judge to develop the law in a way that responds to the needs of the people and to the national interest.” This is genuinely about state officers being patriotic.

The politician’s view that it is for us as citizens to be educated into patriotism is also seen in some Acts of Parliament. The Basic Education Act says that it should be about (among many other things) fostering “the spirit and sense of patriotism”.

Similarly, the National Youth Service must “instil in members of the Service, a tradition of patriotism;” Sports Kenya must do the same and political parties must “promote national patriotism”.

One thing patriotism should not mean is a belief in supporting “Our country, right or wrong”. Still more to accept that “our country” means “our government”.

The EACC included in its list of patriotic behaviour “Speaking well of our country” and “Defending our country at all times”. These come too close to equating government and country.

It reflects the sort of attitude of those who accuse people or organisations who spill the beans about the shortcomings, especially of government, on the international stage of being “unpatriotic”.

Just as we are moving towards protecting whistle blowers against violators of human rights or law at the national level, we should accept whistleblowing at the international level.

I do not believe that Prof Mutunga means that judges’ (or anyone else’s) decisions must always favour the country as against perhaps those of Uganda, Tanzania or Egypt. In the end, it is not in the national interest for law or other decisions to favour the home country, if that is unfair.

One fascinating parallel between the 18 Century and today is that people opposed to government, particularly the monarchy, often claimed they were patriotic. Johnson, though not a republican, did not deny that those against government might be motivated by patriotism.

And in Kenya it is surely the ordinary citizens, notably many of the young anti-government protesters, who have among the strongest claims to be genuinely patriotic.

The National Commission on Cohesion and Integration is perhaps the most frequent public sector user of the concept – not surprisingly. It focuses particularly on boosting citizens’ patriotism.  But the greatest want of true patriotism is surely among politicians.

Conflicting patriotisms?

The Constitution, of course, has as a central vision “national unity”. But at the same time, it encourages people to take pride in their more local cultures and communities.

However, surely we cannot be true pan-Africanists, or members of the East African Community, if we think our country is better and more deserving than other countries and their people, or a true national patriot if we believe “our” people deserve better than “them” – other communities.

I apologise for ending close to where I began with statements about patriotism from England.

Edith Cavell was a British nurse who worked in Belgium, and returned to that country knowingly when invasion from Germany threatened. She treated casualties from both sides, and helped British, French and Belgian soldiers to escape from Belgium. For this she was tried and then shot (legally) by Germany.

The relevance of this is that on her statue in London you will see a statement she made before she was shot, “"Patriotism is not enough. I must have no hatred or bitterness towards anyone.

I would suggest that we should include “or be guilty of unfairness towards them”.