The Interior CS said that the
day was “proof that when demonstrations are conducted in accordance to the
provisions of the constitution, peace and security are guaranteed.” (sic).
Security was not guaranteed, state-sponsored intimidation was. The police did
not follow the constitution, demonstrators did.
The
government treated the constitution as it has always done, as a set of
recommendations it follows when it wishes and interprets how it wishes.
A
simple public servant does not determine whether the constitution was followed,
a court of law does. The same courts whose declarations the government
disregards regularly.
By
commending all police, including criminal ones, the Interior CS emboldens rogue
officers to continue their wayward ways. Police brutality and intimidation
should be condemned not commended.
In
any case, there was little to commend.
What
we saw were soul-killing tales of police overreach. From the foiled abduction
of Standard editor Alex Kiprotich, to illegal barricading of public roads, to
forced disappearance, to torture.
Kenyans saw vehicles with unmarked number
plates, police in balaclavas, crime response gear and not anti-riot gear,
manhandling of suspects as if they are rogue rebels and the torture of
demonstrators who were told not to speak to the media. These were sights of
blood thirsty, trigger happy and torture-thrilled police officers.
While
some protests can at times turn rowdy and disruptive, that does not justify the
excessive use of force observed in every anti-government protest.
Pelting
stones, burning tires and shouting epithets cannot be compared to breaking
bones, torture and shoot-to-kill tactics employed by the police.
Although
Kenya is seen as a bastion of democracy where freedom of expression and human
rights thrive, we are all too familiar with the pain that families of activists
like Rex Masai, Mwalimu Ojwang’ and hundreds of others go through.
To make
matters worse, each subsequent protest or call to action against these human
rights abuses is further marked with additional crackdown and detention without
trial reinforcing the existing state of affairs.
Police
who engage in impunity, hide number plates, hide their faces and kidnap Kenyans
are not law enforcement.
They are criminals dressed in blue. The mass cough of unwarranted
bullets should be stopped. The pandemic of violence needs to end. All politics
aside, people should not play ping pong with other people’s lives or safety.
Police accountability should be given the seriousness it deserves.
Like
many young Kenyans, we did not experience Moi era intimidation tactics, where
fear terrorised everyone. What we are very familiar with, is that the 2010
Constitution guarantees governance based on values for human rights, freedom
and the rule of law.
The same constitution entrusts the police with the
responsibility to serve and protect. Indeed, there are officers who are
conscientious and law abiding. Yet, the few trigger-happy and rogue officers
tarnish the image of the entire service.
An
image of the police as protectors and part of the community they serve must be
the cornerstone of the country’s leadership. Police must reckon that with great
power comes great responsibility and they should not be misled by politicians
or commands to abuse their oath to protect Kenyans.
Progress
has been made to hold reckless officers involved in the killings of activists
such as Rex and others. To transform Kenya into a strong democracy as President
Ruto envisions, institutional transformation in the police service must happen.
That transformation should and must catch up to the dispensation and
aspirations of the 2010 Constitution.
Those
who hold our vision of a free country with contempt and abuse of office, must
be held accountable.
Because when they are not, the victims are ordinary
Kenyans who must suffer the silent brutality of economic oppression and the
painful brutality of police violence.
Bullets, teargas and defending rogue
officers should not, and cannot, be the answer.
Oginga is a policy and research associate at Georgetown University and Nyakundi is legal intern at Katiba Institute
