Disregard for rule of law: Police impunity in Kenya

This culture of violence and disrespect for the law has evidently been passed down to successive regimes.

In Summary
  • 2024 should not just go down as a dark year in terms of human rights abuses but as the year we refused to accept silence as an answer.
  • We are not just fighting for the victims; we are fighting for the soul of our nation.
Gravel.
Gravel.
Image: FILE

2024 should go down in history as one of Kenya's darkest years in terms of human rights abuses, all thanks to some rogue police officers.

To borrow from the streets: "This year has shown us dust." It has proven just how far we’ve fallen in our fight for justice.

In all my years as a practising advocate, it never crossed my mind that court orders could be defied. No, this isn't the biblical story of marching around Jericho.

But here’s where things hit rock bottom. Boby Njagi, Aslam Longton, and Jamil Longton, three men abducted in Kitengela on August 19 by mysterious “unknown” individuals, have never been produced.

The families, left in limbo, have turned to God, while individuals tasked with producing them have offered nothing but silence.

Article 49 of the Constitution guarantees the right to a fair trial and says that anyone arrested or detained should be brought before a court within 24 hours.

No one seems to care.

When families are left with prayers and no answers, perhaps we should all urgently pray to this same God for vengeance.

Article 47 of the Constitution guarantees every Kenyan the right to fair administrative action, but no one seems to care about what the Constitution says.

We have different cases that have touched on violations of human rights.

One of those is that of Baby Pendo who died during the 2017 post-election violence

During the 2017 post-election violence, Baby Pendo’s head was smashed while she lay in her mother’s arms.

Unfortunately, the baby later lost her life.

This culture of violence and disrespect for the law has evidently been passed down to successive regimes

Let’s not forget that some victims of the 2007-2008 post-election violence are still waiting for justice.

Many of these victims, who endured rape, torture, and displacement, continue to be neglected.

To make matters worse, children born from these atrocities are turning 16 this year, and no one has yet to acknowledge their suffering or take steps to repatriate their families. 

If Kenya’s justice system remains a revolving door of orders that go unanswered and victims left praying for relief, then we must admit that impunity has triumphed over accountability.

The Constitution promises justice, but what good are promises if they can be ignored?

2024 should not just go down as a dark year in terms of human rights abuses but as the year we refused to accept silence as an answer.

We are not just fighting for the victims; we are fighting for the soul of our nation.

If the rule of law can be disregarded by those sworn to uphold it, then we must ask ourselves: who will stand up when the next court order is ignored, when the next victim disappears, and when justice is denied again? And, more importantly, who will be left to care?

Leah Aoko is the Programs Associate, Utu Wetu Trust

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