The State Against its Citizens: Kenya’s Constitutional Crisis and the Return of Political Related Abductions

Inspector General of Police Douglas Kanja (L) and his deputy Gilbert Masengeli during a past event together. Police has denied being behind the wave of abductions of government critics in Kenya. PHOTO/NPS.
  • The emergence of extra-judicial practices, despite constitutional protections, reveals a disturbing pattern of state overreach that threatens the very foundation of democratic governance.
  • The December 2024 disappearance of seven individuals, with six still unaccounted for, exemplifies this nightmarish reality where citizens can vanish without a trace or legal recourse.
  • The deterioration of Kenya’s democratic fabric affects not just domestic dissidents but extends to regional implications, as evidenced by the Besigye incident.

In George Orwell’s “1984,” he writes, “Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes the revolution in order to establish the dictatorship.”

This prophetic statement eerily mirrors Kenya’s current political landscape, where the promise of democratic renewal has given way to a haunting echo of authoritarian governance.

The systematic dismantling of civil liberties under President Ruto’s administration bears a striking resemblance to the dystopian world Orwell envisioned, where power serves as its own justification.

The administration’s actions, particularly in the realm of civil rights suppression, demonstrate a calculated strategy to consolidate power through fear and intimidation.

The emergence of extra-judicial practices, despite constitutional protections, reveals a disturbing pattern of state overreach that threatens the very foundation of democratic governance.

The administration’s persistent denial of involvement in these activities, despite mounting evidence to the contrary, exemplifies the Orwellian concept of doublethink. The stark contrast between the administration’s public commitments to democratic principles and its actual practices creates a cognitive dissonance that pervades Kenyan society.

The deliberate erosion of democratic institutions and safeguards suggests a broader strategy to reshape the political landscape in favour of authoritarian control. The systematic targeting of dissidents and activists represents a clear departure from the constitutional principles that should guide governance in modern Kenya.

As Franz Kafka observed in “The Trial,” “Someone must have slandered Josef K., for one morning, without having done anything truly wrong, he was arrested.”

This parallels the arbitrary nature of Kenya’s current wave of abductions, where citizens find themselves vanishing into the maw of state machinery without due process or explanation.

The December 2024 disappearance of seven individuals, with six still unaccounted for, exemplifies this nightmarish reality where citizens can vanish without a trace or legal recourse.

The Kafkaesque nature of these disappearances is further highlighted by the bureaucratic maze that families must navigate in their search for loved ones. The state’s deliberate obfuscation of responsibility creates a labyrinthine system where accountability becomes impossible to establish.

The victims’ families face a bewildering array of official denials and redirections, reminiscent of Kafka’s bureaucratic hellscape. The psychological torture inflicted through this process extends beyond the immediate victims to create a broader atmosphere of fear and uncertainty.

The administration’s calculated use of uncertainty as a tool of control mirrors the psychological manipulation depicted in Kafka’s works. The pattern of disappearances suggests a methodical approach to silencing dissent through fear rather than legal means.

“Power corrupts, and absolute power corrupts absolutely,” wrote Lord Acton, a maxim that resonates deeply when examining President Ruto’s administration’s departure from its democratic promises.

The establishment of clandestine units within security agencies, as acknowledged by former Deputy President Rigathi Gachagua, represents a calculated regression to the dark days of state-sponsored intimidation. The administration’s willingness to employ extra-legal means to silence opposition reflects a dangerous consolidation of power without accountability.

The systematic nature of these abductions suggests a well-orchestrated strategy rather than isolated incidents. The involvement of security forces in these operations indicates a deliberate misuse of state resources for political purposes. The administration’s public denials while maintaining these operations demonstrates a cynical approach to governance.

The erosion of democratic norms under the guise of maintaining order reveals the corrupting influence of unchecked power. The parallel operations of official and unofficial security units create a shadow state within the state itself. The targeting of specific individuals based on their political views or activism demonstrates the selective application of this repressive apparatus.

Chinua Achebe’s words in “A Man of the People” ring true: “When we are comfortable and inattentive, we run the risk of committing grave injustices absentmindedly.”

The current administration’s systematic targeting of artists and activists mirrors this observation, as Human Rights Watch’s documentation of 82 abduction cases since June 2024 demonstrates an administration sleepwalking into authoritarianism. The pattern of targeting vocal critics suggests a deliberate strategy to silence dissent through intimidation.

The use of state resources to suppress political opposition represents a significant departure from democratic principles. The administration’s casual dismissal of human rights concerns reflects a dangerous complacency toward democratic values. The targeting of cultural figures and activists indicates an attempt to control narrative and discourse.

The documented cases represent only a fraction of the actual suppression taking place. The impact of these actions extends beyond the immediate victims to create a broader climate of fear. The administration’s response to criticism reveals a concerning pattern of justifying human rights violations. The systematic nature of these abductions suggests a well-organized operation rather than random acts.

As Gabriel García Márquez noted in “The Autumn of the Patriarch,” “Power is a disease one has no desire to be cured of.” The irony of Kenya’s situation lies in the theatrical denials by the Director of Criminal Investigations and the Inspector General of Police, who distance themselves from these operations while their subordinates continue to execute them with impunity.

The calculated nature of these denials suggests a deliberate strategy to maintain plausible deniability. The disconnect between official statements and actions on the ground creates a surreal political landscape.

The administration’s ability to maintain this contradiction reveals the depth of institutional corruption. The systematic nature of these operations suggests high-level coordination despite public denials. The impact on public trust in law enforcement institutions continues to erode democratic foundations. The parallel operation of official and unofficial security units creates a dangerous precedent.

The administration’s refusal to acknowledge these activities while benefiting from their effects demonstrates moral bankruptcy. The long-term implications for democratic institutions remain deeply concerning.

In “Animal Farm,” Orwell wrote, “All animals are equal, but some animals are more equal than others.” This sardonic observation perfectly captures the dual reality in Kenya, where the constitution promises equal rights while the state machinery systematically dismantles these guarantees for critics of the Kenya Kwanza regime.

The selective application of law enforcement creates a two-tiered system of justice. The disparity between constitutional promises and political reality grows more apparent with each passing day. The administration’s manipulation of legal frameworks to justify political persecution demonstrates institutional decay.

The erosion of equal protection under the law undermines the foundation of democratic governance. The targeting of specific political opponents reveals the partisan nature of law enforcement.

The administration’s use of state resources to suppress opposition violates constitutional principles. The impact on civil society’s ability to function freely continues to worsen. The long-term consequences for democratic institutions remain deeply concerning.

Milan Kundera’s “The Book of Laughter and Forgetting” contains the line, “The struggle of man against power is the struggle of memory against forgetting.” This resonates deeply as Kenyans witness the resurrection of Moi-era tactics, where the state’s monopoly on violence is wielded not to protect citizens but to silence them.

The parallels between current practices and historical oppression become more apparent with each passing day. The administration’s attempt to normalise these practices mirrors historical patterns of autocratic control. The resistance to these measures represents a crucial battle for Kenya’s democratic future.

The role of civil society in documenting and opposing these practices becomes increasingly vital. The importance of maintaining historical memory helps contextualise current struggles.

The administration’s efforts to minimise or deny these parallels reveal their awareness of historical implications. The continued resistance to these practices demonstrates the resilience of democratic aspirations. The battle between state power and civil rights continues to define Kenya’s political landscape.

The administration’s approach recalls Margaret Atwood’s observation in “The Handmaid’s Tale”: “Better never means better for everyone… It always means worse, for some.”

The deterioration of Kenya’s democratic fabric affects not just domestic dissidents but extends to regional implications, as evidenced by the Besigye incident. The impact on Kenya’s role as a regional democratic model continues to diminish. The erosion of civil liberties creates ripple effects throughout East Africa. The administration’s actions undermine Kenya’s credibility in regional affairs.

The targeting of foreign dissidents on Kenyan soil violates international norms. The long-term implications for regional stability remain concerning. The pattern of suppression suggests a broader strategy of authoritarian consolidation. The impact on Kenya’s international relationships continues to worsen. The administration’s disregard for diplomatic consequences reveals short-sighted planning.

Arundhati Roy’s “The Ministry of Utmost Happiness” provides apt commentary: “The trouble is that once you see it, you can’t unsee it.” This perfectly encapsulates the moral imperative facing Kenyan civil society as it witnesses the systematic dismantling of democratic gains.

The role of witnesses in documenting these violations becomes increasingly crucial. The responsibility of citizens to resist authoritarian tendencies grows more urgent. The impact of silence in the face of oppression enables further violations.

The collective memory of these events will shape future political discourse. The importance of maintaining records of these violations cannot be overstated. The role of international observers in documenting these trends provides crucial oversight. The administration’s attempts to control narrative face growing resistance. The long-term implications for civil society engagement remain significant.

Alexander Solzhenitsyn wrote in “The Gulag Archipelago,” “In keeping silent about evil, in burying it so deep within us that no sign of it appears on the surface, we are implanting it, and it will rise up a thousand fold in the future.”

The normalisation of state violence creates dangerous precedents for future governance. The impact of current practices on future political development cannot be underestimated. The role of documentation in preventing historical revisionism becomes crucial.

The responsibility of current generations to resist authoritarian tendencies grows more urgent. The patterns of suppression suggest a deliberate strategy of control. The administration’s attempt to minimise these violations reveals institutional decay.

The importance of maintaining public awareness of these practices remains vital. The long-term consequences for democratic institutions continue to worsen. The collective response to these violations will determine Kenya’s political future.

Hannah Arendt’s observation in “The Origins of Totalitarianism” about the distinction between fact and fiction resonates deeply in Kenya’s current climate.

The administration’s gaslighting of the public regarding disappearances creates a dangerous precedent. The manipulation of truth for political purposes undermines democratic discourse. The impact on public trust in institutions continues to erode. The systematic nature of these deceptions reveals institutional corruption.

The role of independent media in maintaining factual records becomes crucial. The administration’s attempts to control narrative face growing resistance. The importance of maintaining independent verification of events grows more urgent. The long-term implications for public discourse remain concerning. The battle between truth and power defines Kenya’s current political landscape.

As we witness this systematic erosion of democratic principles, one cannot help but recall Albert Camus’s words in “The Rebel” about the essence of rebellion.

The current crisis in Kenya represents not just a violation of constitutional rights but a fundamental betrayal of the social contract. The response of civil society to these violations will determine Kenya’s democratic future. The role of international pressure in maintaining accountability grows more important.

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The impact of current practices on future generations cannot be underestimated. The importance of maintaining democratic aspirations despite repression remains crucial.

The collective resistance to authoritarian tendencies defines this political moment. The administration’s actions reveal a fundamental misunderstanding of democratic governance.

The long-term implications for Kenya’s political development remain deeply concerning. The path forward requires sustained commitment to democratic principles despite current challenges.

The writer is an independent legal scrivener and lawyer.

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Mr. Odhiambo is a lawyer and legal researcher. He is interested in constitutional law, environmental law, democracy and good governance. His contact: kevinsjerameel@gmail.com

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