The declaration of the 2022 general election results saw a culmination of various events occasioned by both the government and the opposition. It had been a case of supremacy battles between the government and opposition, which can be attributable to the small margin of votes by which the sitting president was declared duly elected.
As a result, it has created a legal environment where laws are applied selectively and even some offenders are deemed to be above the law.
Recently, the former Prime Minister Hon Raila Odinga called his supporters to engage in peaceful protests as envisaged under Article 37 of the Constitution, which states that every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket and to present petitions to public authorities.
While in the exercise of the right, many of his supporters were seen looting and destroying public property. Some harassed journalists and destroyed equipment belonging to the media. Since then, no meaningful investigations nor prosecution has been seen to come from it since it shall be seen to be political witch-hunt due to their political alignment.
We have seen political leaders from Azimio side say nobody can arrest the former Prime Minister as it will mean the end of the state. It’s my view that such remarks are a breeding ground for a state of lawlessness where some men are more equal than others.
Every state must be allowed to optimally stretch its democratic limits for the good of the people. If given actions offend the public good, then it does not matter the public standing of an individual. What matters is that the drafters of the Constitution under Article 2 intended that Kenya would be ruled by law and not by men.
The invasion of private property by goons was seen as a retaliatory measure to allegedly curb those that called for demonstrations and those sponsoring the demonstrations. Property worth millions was destroyed with no emergency or police response. Such leaves more questions than answers on who sponsored the violence.
Similarly, no meaningful prosecution or investigation has been seen to come from it. This offends the basic tenets of the Constitution on the right to property and even the responsibility of the state to protect public and private property. Such actions then denote some individuals and offences to be unpunishable by law, which in turn creates a state of anarchy.
It is my opinion that when politics become personal, it’s not a matter of individuals but rather the nation. The nation becomes bigger than anyone else. When politicians try to flex their political muscles, it’s the citizens that ultimately suffer. Out of their actions of impunity and supremacy battles, it’s the citizens that become subjects to their actions while they become beneficiaries.
It is time for the sacred independence of institutions to be upheld. When the whole nation is wallowing in a miasma of confusion, it’s the independent institutions that bring sanity and restore order.
The media is granted freedom and independence under Article 34 of the Constitution, they ought to act without any fear or favour. They ought to bring neutrality where the political temperatures rise and ought to be factual where propaganda becomes a tool for convenience.
The police, also granted independence under Article 245 of the Constitution, must take independent commands and must never be used to settle political scores. It’s the police that restores trust in the general public and the investors at large. With such central and key mandate, neutrality should be their mode of operation.
In conclusion, politicians have mastered the art of nationalising personal interests, it’s upon the people to determine the best rule and political environment for themselves. The people must always apportion blame where one exists and never be tools of trade for politicians.
Independent institutions ought to bring back sanity by upholding the rule of law and staying true to their oath of office.
Advocate trainee at the Kenya School of Law. [email protected]
