On Tuesday this week, police arrested Controller of Budget Margaret Nyakang’o somewhere in Mombasa.
Various reports indicate she was picked up while attending an official function related to her office.
The following day, Dr Nyakang’o was whisked to court and charged, with 10 others who were not present, with various offences, including conspiracy to defraud, operating a Sacco without a licence, forgery and uttering a false document.
The arrest stemmed from a complaint made against her and the other ten in 2016, before she became the Controller of Budget. The Office of the Director of Public Prosecutions approved the charges in a letter to the DI on November 30.
Without going into the merits of the case, the arrest of CoB just days after she characteristically, made controversial public statement raises eyebrows. Nyakang’o has been vocal about public expenditure since she came to office in June 2020.
She recently warned the government may soon be unable to render crucial services due to the weakening shilling against the dollar, which has led to a sharp increase in public debt.
In her National Government Budget Implementation Review Report this year, Nyakang’o said the country has a significant amount of public debt denominated in foreign currencies, making it vulnerable to currency fluctuations and exchange rate risks.
Just the other day, Nyakang’o told a parliamentary committee that someone in the
National Treasury had falsified her own salary indicating that she earned three times what she actually got paid, wondering who takes the other two thirds. Such conversations are likely to make some people uncomfortable, people high up the food chain to want to intimidate and silence her.
There were days in this country when security agencies and other officers were used to intimidate and harass individuals deemed to be critical of the powers that be.
President William Ruto and his Deputy Rigathi Gachagwa claimed the Ethics and Anti-corruption Commission, the police, the Assets Recovery Agency and other State agencies were used to harass them in the run-up to last year’s general elections.
One just hopes this is not the case in Nyakang’o’s tribulations and a sign of the resumption of the trend where state agencies are used to intimidate outspoken and independent constitutional office holders because that is not only wrong but also bad for the country.
In any democratic society, the pillars of justice, law enforcement and the judiciary are meant to stand as guardians of the rule of law, ensuring the protection of citizens’ rights and upholding the principles that form the foundation of a just and fair society.
However, when these state agencies are weaponised to intimidate outspoken and independent constitutional office holders critical of the government, the very essence of democracy is compromised, leading to a dangerous erosion of the democratic fabric.
One of the cornerstones of a thriving democracy is the independence of constitutional offices that serve as checks and balances on the powers of the government. These offices are designed to operate autonomously, insulated from political pressures, ensuring that justice prevails without fear or favour. When these agencies become instruments of intimidation, it not only undermines the credibility of the legal system but also poses a significant threat to the democratic ideals that a nation aspires to uphold.
The Director of Public Prosecution, tasked with the crucial responsibility of ensuring fair and impartial prosecution, plays a pivotal role in maintaining the integrity of the legal system. When this office is manipulated to target individuals, who voice dissent or criticise the government, it sends a chilling message to others who may consider speaking out.
The weaponisation of the DPP’s office transforms it from a symbol of justice into a tool of oppression, eroding public trust in the legal system and undermining the fundamental tenets of a democracy.
Similarly, the police, entrusted with the duty to protect and serve the citizens, must remain impartial and free from political influence. When law enforcement agencies are used to harass or intimidate constitutional office holders critical of the government, it not only violates the principles of justice but also fosters a culture of fear within the society.
Citizens should be able to trust that the police are acting in their best interest, upholding the law without prejudice. The abuse of police power for political or other ends erodes this trust, leaving the public questioning the very institutions meant to safeguard their rights.
Furthermore, the courts, as the ultimate arbiters of justice, are meant to provide a fair and unbiased forum for the resolution of disputes. When the judiciary is manipulated to stifle dissent or punish those critical of the government, it compromises the entire legal system.
Independent judges and magistrates are crucial to upholding the rule of law, and any interference in their decision-making processes undermines the principles of justice and fairness. An impartial judiciary is the cornerstone of a functioning democracy, and its erosion can have far-reaching consequences for the very fabric of society.
The use of state agencies to intimidate outspoken and independent office holders is not only morally wrong but also detrimental to the overall well-being of a country. Democracies thrive on the free exchange of ideas, diversity of thought, and robust debate. When those who are meant to uphold the law become instruments of oppression, it stifles dissent, curtails freedom of expression, and creates a climate of fear that is antithetical to the principles of democracy.
The repercussions of such actions extend beyond the immediate targets; they send shockwaves throughout society, creating a culture of self-censorship in which individuals fear expressing their opinions for fear of retribution. This stifling of dissent hampers the democratic process, limiting the diversity of voices and perspectives that are essential for a healthy and thriving democracy.
To safeguard democracy, it is imperative that citizens, civil society, and the international community remain vigilant and vocal against the misuse of state agencies for political purposes. The independence of constitutional offices must be preserved at all costs, and those who attempt to compromise it must be held accountable. A robust and impartial legal system is the bedrock of a democratic society, and any erosion of its foundations jeopardises the very essence of democracy itself.
It is the collective responsibility of citizens, civil society, and the international community to stand against such abuses, ensuring the pillars of democracy remain strong and resilient in the face of political and other pressures.
The writer is a political commentator