However, because they are human they (at some point) fell short of the glory. Today Matiang’i is no longer the powerful Cabinet secretary we knew of and he’s seeking the protection of court. Chitembwe is at the brink of loosing his job, while Leliman and his colleagues are serving time in prison. Theirs is the true meaning of power corrupts and absolute power corrupts absolutely.
Matiang’i reported real and/or perceived raid at his Karen home by police officers on the night of February 6. A day later, the Inspector General of Police and denied there was any officer who had been sent to the home of the former Interior Cabinet Secretary.
The alleged raid divided the nation’s opinion into two, with some calling out the government for using the previous regime barbaric tactics, while others thought it was time for Matiang’i to have a taste of his own medicine.
The next day, Matiang’i sought an anticipatory bail over an alleged looming arrest. Ironically, during his tenure as CS, he refereed to anticipatory bail as a creation of Kenya’s Judiciary used to protect those that plan to commit crimes. He was also very notorious for disobeying court orders to a point getting convicted for defiance of court orders by judge George Odunga. Matiang’i is now seeking protection from the same courts.
Although I am not in support and/or expecting the repeat of the famous night arrests by the previous regime, last week’s events at Matiangi’s home and the actions thereafter begs the question: Do those in power ever think of their unconstitutional actions and the possibility of the same catching up with them? Do they ponder before authorising illegal actions such as arbitral arrests, detentions, evictions and extrajudicial killings etc?
Four days before the alleged raid at Matiang’i’s residence, four officers and one police informer had just been sentenced for the murder of human rights lawyer Willie Kimani, client Josephat Mwendwa and taxi driver Joseph Muiruri. The main suspect, Fredrick Leliman, who has additional two pending murder cases was sentenced to death, while his co-accused received sentences ranging between 20 years to 30 years.
While delivering the sentences, the court said the first accused (Fredrick Leliman) acted "in flagrant abuse of his office”. In what looks like a movie, the action and reactions of Leliman and his colleagues before, during and after the killing of Willie and his colleagues paints a picture of rogue officers who abused power and never imagined justice would ever catch up with them. Their deeds are a clear show of getting drunk with power.
Lastly, a day after Matiang’i’s woes, the Chitembwe tribunal chaired by Justice Mumbi Ngugi submitted its report to the president with the recommendations of removal from the Judiciary due to gross misconduct.
The tribunal found that Chitembwe had breached the Constitution by among other things engaging in the subversion of justice through commenting and advising a litigant on matters pending in court contrary to Article 75(c) of the constitution.
These three cases that coincidentally took place at close intervals are clear indication that public officials’ actions can catch up with them no matter how long it takes. Is there anything that public officials, both senior and junior, can learn from this?
I hope from these instances, trigger-happy police officers, corrupt judicial staff and those who act above the law because of the position that they hold will realise it is just a matter of time before they face the music.
That public officials, while dispensing their duties, will be humane and uphold constitutional values. And that big or small positions in government will not blind those that we have delegated our powers to act in manner contrary to the oath that they took.
May those in position of power also adhere to the golden rule, “Do unto others what you would have them do unto you”. ( Mathew: 7:12 or Luke: 6:31)
Muthuri Kathure is the senior program officer (Civic Space) at Article 19 Eastern Africa.
@MuthuriKathure
