Kenyans should condemn and demand arrest of leaders fuelling violence

The resurgence of cases of hired thugs used to disrupt peaceful assemblies, loot property, and unleash chaos is a profound betrayal of the nation's  constitutional order and democratic aspirations.

Kenya is being dragged back into cycles of bloodshed that have blemished our history. Shockingly, security apparatus have adopted 'see no evil and hear no evil' approach as the culture takes root.

If there is one thing we have learnt from the past, it is that the culture of hired violence operates with apparent impunity or under an illusion of protection from senior politicians or state actors.

These jobless boys, and girls or mothers captured in video clips throwing stones at the Linda Wananchi rally  in Keumbu, Kisii County, where two people were killed, feel untouchable.

Scenes from the streets of Kisumu, where armed youths were seen marching in the streets with machetes, bows and arrows, reminded us of the chilling events of the 2007/8 post-election violence.

These gangs are becoming emboldened. This is a snake that should be crushed on the head. The police should stop arresting the jobless young men and girls, they should arrest the financiers.

When gangs operate above the law, confidence in the rule of law and the criminal justice system is eroded. Dissenting voices and freedom of the press are stifled.

Most reports by human rights groups from 2024 paint a troubling picture. During the Gen Z protests against the Finance Bill 2024, goons were documented attacking demonstrators, often alongside police.

Last month, CCTVs captured armed gangs, accompanied by uniformed officers, storming the All-Saints Cathedral in Nairobi to violently disrupt a civil rights meeting.

In Mombasa, Kisumu, Kisii and most parts of Mt Kenya and the Rift Valley, panga-wielding youths have attacked public events, including churches and fundraisers, resulting in deaths.

In Kisumu, Senator Godfrey Osotsi was assaulted in a hotel in what appeared to be a politically motivated attack linked to his 'one-term' campaigns.

These are not isolated acts but a pattern of planned violence during electoral contests. Kenyans must rise against political hooliganism.

Kenyans of goodwill should unequivocally condemn leaders using violence as a means to stay or gain power. Impunity fuels repetitions of chaos and must act now instead of waiting until 2027.

We must demand that politicians paying and/or inciting youths to violence be arrested and charged for aiding and abetting offenses. Kenya has enough laws to nip this public shame in the bud.

The National Cohesion and Integration Commission (NCIC) should stop barking and start biting. Its words must translate into swift action as clips of those inciting the public are awash on social media.

The Independent Electoral and Boundaries Commission (IEBC) and the Inspector General of Police should stop entertaining us with long press releases and threats. They must act.

As former US President Barack Obama has repeatedly said, political violence has no place in a democracy. Political competition should be based on ideas, debates, and the ballot box.

President William Ruto, who, after the 2007/2008 post-election violence, was dragged to the ICC, should know better the dangers of turning our streets into battlegrounds of hired goons.

The way forward is strict enforcement of the laws and ensuring high-level prosecution. Protection for peaceful protesters under Article 37 should also be guaranteed. It does not, however, allow incitement to violence, hate speech, or advocacy of hatred.

Paying goons to suppress expression or attack opponents crosses into criminal territory. The Penal Code (Cap. 63) offers specific tools for accountability.

Under section 96, any person who utters words or does any act indicating it is desirable to cause death, injury, or damage to property or defy lawful authority faces up to five years’ imprisonment.

Sections 94–95 address offensive conduct conducive to breaches of the peace and threatening breaches of the peace or violence, including using abusive language or provoking disorder.

Religious leaders should issue a bipartisan condemnation against political hooliganism and goons. The youth should be afforded economic opportunities to starve the recruitment of political goons.

The violence threatens the country’s promise of dignity, rights, and democracy as enshrined in the supreme law of the land.  Our nation’s future depends on the rule of law prevailing over the rule of the panga and the club.

Silence is complicity....

 

{Mr Julius Ogogoh is the Executive Director of the Centre for Litigation Trust (CLT)}