- The constitutional framework of Kenya, as established by the Constitution of Kenya 2010, was intended to usher in an era of participatory democracy, devolution of power, and protection of fundamental rights.
- The erosion of democratic norms and the rule of law has manifested in deeply troubling ways. Reports of abductions and kidnappings of those who dare to voice opposition to government policies have sent shockwaves through civil society.
- From a historical perspective, the current state of affairs bears unsettling similarities to periods of political repression that Kenya has experienced in the past.
“The condition of our lives is that we live in a time of crisis, of change, and of hope.” This profound statement from Ngugi wa Thiong’o’s “Decolonising the Mind” encapsulates the current state of affairs in Kenya, a nation grappling with the unfulfilled promises of democracy and the erosion of civil liberties.
The democratic aspirations that were ignited during the Saba Saba movement of 1990 continue to flicker, albeit dimly, in the hearts of Kenyans who yearn for a government that truly represents the will of the people and upholds the principles enshrined in their constitution.
The constitutional framework of Kenya, as established by the Constitution of Kenya 2010, was intended to usher in an era of participatory democracy, devolution of power, and protection of fundamental rights.
However, the current political landscape paints a stark contrast to these lofty ideals. The nation finds itself embroiled in a state of turmoil, with widespread dissatisfaction permeating through all strata of society.
This discontentment is not merely a fleeting sentiment but a deeply rooted frustration stemming from the perceived disconnect between the ruling elite and the everyday struggles of ordinary citizens.
At the epicentre of this maelstrom of public discontent lies the figure of the president, whose leadership style and policy decisions have come under intense scrutiny.
The Head of State, along with his coterie of advisors and the members of parliament aligned with the Kenya Kwanza coalition, stand accused of being out of touch with the realities on the ground.
This disconnect is particularly egregious given that Article 1 of the Kenyan Constitution explicitly states that all sovereign power belongs to the people of Kenya and can only be exercised in accordance with the Constitution.
The erosion of democratic norms and the rule of law has manifested in deeply troubling ways. Reports of abductions and kidnappings of those who dare to voice opposition to government policies have sent shockwaves through civil society.
These extrajudicial actions, often carried out under the cover of darkness at ungodly hours such as 2AM, harken back to the dark days of authoritarian rule that many had hoped were consigned to the annals of history.
Such blatant disregard for due process and human rights not only violates the letter and spirit of the Constitution but also contravenes international human rights treaties to which Kenya is a signatory.
Perhaps even more alarming is the alleged merciless killing of protestors, a stark reminder of the fragility of civil liberties in the face of an increasingly autocratic regime.
The right to peaceful assembly and protest, as guaranteed by Article 37 of the Constitution, appears to have been supplanted by a heavy-handed approach to quelling dissent.
This use of lethal force against unarmed civilians not only represents a failure of the state to protect its citizens but also serves to further alienate the populace from their elected representatives.
The behaviour of the president in the face of these grave allegations has drawn comparisons to narcissistic and psychopathic tendencies. The apparent lack of empathy and the seeming indifference to the suffering of citizens until faced with significant pressure is indicative of a leadership style that prioritises power retention over public service.
This modus operandi stands in direct contradiction to the principles of servant leadership that are expected of those holding public office in a democratic society.
The disconnect between the leadership and the citizenry is further exemplified by the government’s apparent disregard for the constitutional principle of public participation in governance.
Article 10 of the Constitution enshrines public participation as one of the national values and principles of governance, yet the current administration’s actions suggest a preference for top-down decision-making that sidelines the voices of ordinary Kenyans.
From a historical perspective, the current state of affairs bears unsettling similarities to periods of political repression that Kenya has experienced in the past.
The echoes of the Moi era’s authoritarianism can be heard in the tactics employed to silence dissent and consolidate power. This regression threatens to unravel the progress made in democratising the nation since the reintroduction of multiparty politics in the early 1990s.
The legal implications of the government’s actions are profound and far-reaching. The apparent disregard for the rule of law and due process not only undermines the judiciary’s role as a check on executive power but also erodes public confidence in the institutions meant to safeguard democracy.
The principle of separation of powers, a cornerstone of Kenya’s constitutional order, appears to be under siege as the executive branch oversteps its mandate with impunity.
The socio-economic ramifications of this political crisis cannot be overstated. The uncertainty and instability engendered by the government’s actions have a chilling effect on investment and economic growth.
Moreover, the diversion of resources towards suppressing dissent rather than addressing pressing issues such as unemployment, healthcare, and education further exacerbates the hardships faced by ordinary Kenyans.
In conclusion, the current trajectory of Kenya’s political landscape is deeply concerning to those who hold dear the principles of democracy and constitutionalism.
YOU MAY ALSO LIKE: Duty, dignity, and decency: Redefining Kenyan policing in the face of brutality
The spirit of Saba Saba, which called for a more inclusive and just society, seems to have been forgotten by those in power. The nation stands at a crossroads, and the choices made in the coming months and years will determine whether Kenya can reclaim its path towards true democratic governance or whether it will slide further into authoritarianism.
As we reflect on this critical juncture in Kenya’s history, it is imperative that all stakeholders civil society, the international community, and most importantly, the Kenyan people themselves remain vigilant and active in defending the hard-won freedoms enshrined in the Constitution.
Only through sustained pressure and a recommitment to the principles of democracy can Kenya hope to realign itself with the aspirations of its citizens and fulfil the promise of a nation where sovereignty truly resides with the people.
The writer is a legal researcher and lawyer
