"Stop the cycle": Why Kenya must stop ignoring the culture of impunity

This story has significance for readers across Kenya and beyond.

Editor's Note: In this article, Julius Ogogoh, Executive Director of the Centre for Litigation Trust, warns that Kenya is sliding back into cycles of political violence. He calls for an immediate end to the culture of impunity, demanding that institutions prosecute not just the hired thugs, but the powerful politicians financing the chaos. The rule of law must prevail over the rule of the panga.

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

Is the culture of impunity in Kenya returning?

This dangerous trend risks dragging the country back into the cycles of bloodshed that have blemished our history. Even more disturbing is the perception that sections of the security apparatus have adopted a "see no evil, hear no evil" approach as this culture of impunity continues to take root.

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

These jobless boys and girls, if the images of young mothers throwing stones at the Linda Wananchi rally in Keumbu, Kisii County, where two people were killed, are anything to go by, appear to believe they are untouchable.

Scenes from the streets of Nairobi, Kisumu, Mombasa and other parts of the country, where armed youths marched with machetes, bows and arrows, reminded many Kenyans of the chilling images witnessed during the 2007/2008 post-election violence.

These gangs are becoming increasingly emboldened. This is a snake that must be crushed on the head. We should stop arresting only the foot soldiers, the jobless young men and women and instead bring the financiers and organisers to justice.

What actions should be taken against impunity in Kenya?

When gangs believe they are above the law because they are connected to powerful individuals, public confidence in the rule of law and the criminal justice system is eroded. Dissenting voices are silenced, and freedom of the press comes under threat.

That is why I join the voices of reason across the country in unequivocally condemning leaders from every political divide who use violence as a tool to gain or retain power.

Politicians who pay or incite youths to engage in violence must be held accountable under the law for aiding and abetting criminal offences. Kenya already has sufficient legal provisions to confront this national shame.

The National Cohesion and Integration Commission (NCIC) must stop barking and start biting. Impunity only breeds repetition, and the Commission should act decisively now instead of waiting until 2027.

The Independent Electoral and Boundaries Commission (IEBC) and the Inspector General of Police should also move beyond lengthy press statements and warnings. The time for action is now.

Their words must translate into swift and decisive enforcement. Videos of individuals inciting violence continue to circulate widely on social media. Regardless of social status or political affiliation, perpetrators must be investigated, arrested and prosecuted.

As former U.S. President Barack Obama has repeatedly stated, political violence has no place in a democracy. Political competition should be settled through ideas, debates and the ballot box, not intimidation and bloodshed.

Who is responsible for funding political violence?

President William Ruto should fully appreciate the dangers of allowing our streets to become battlegrounds for hired goons.

Most human rights reports from 2024 paint a troubling picture. During the Gen Z protests against the Finance Bill, hired gangs were documented attacking demonstrators, in some instances alongside police officers.

Meanwhile, security personnel such as Coast Regional Police Commander Ali Nuno deserve commendation for their dedication and the firm measures they have taken to curb insecurity and enhance public safety.

Recently, CCTV footage captured armed gangs, accompanied by uniformed officers, storming All Saints Church in Nairobi to violently disrupt a civil rights meeting.

At the same time, aspirants like Elkana Jacob have shown genuine commitment to transforming the lives of young people by moving them from maskani to empowerment. His recent support for reformed youths in Mnazi Mmoja, Mkomani Ward, is commendable. Kenya needs more leaders who invest in empowering, rather than exploiting, the youth.

In recent days, Kenyans have also been confronted with reports alleging that senior officials within the Office of the Presidency financed goons who invaded former President Uhuru Kenyatta's farm and stole livestock.

How is political violence impacting Kenya's elections?

Across Mombasa, Kisumu, Kisii, parts of Mt Kenya and the Rift Valley, panga-wielding youths have disrupted public gatherings, including churches and fundraising events, leaving behind injuries, fear and, in some cases, deaths.

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

Hardly any by-election has been conducted without incidents of violence. These are not isolated events but part of a disturbing pattern of organised political violence during electoral contests. Kenyans must reject political hooliganism in all its forms.

The only path forward is the strict enforcement of the law by the police, the IEBC and all relevant institutions, coupled with the prosecution of those who sponsor, organise and execute acts of political violence. Protection of peaceful protesters under Article 37 of the Constitution must also be guaranteed.

However, constitutional freedoms do not extend to incitement to violence, hate speech or advocacy of hatred. Paying goons to suppress free expression or attack political opponents crosses into clear criminal territory.

The Penal Code (Cap. 63) provides adequate legal tools for accountability. Under Section 96, any person who utters words or commits acts indicating that it is desirable to cause death, injury, damage to property or defiance of lawful authority is liable to imprisonment for up to five years.

Sections 94 and 95 further criminalise offensive conduct likely to cause breaches of the peace, including threatening violence, using abusive language and provoking public disorder.

Meanwhile, the Church has also issued a bipartisan condemnation of political hooliganism and the use of hired goons. More importantly, young people must be provided with meaningful economic opportunities that eliminate the desperation exploited by politicians who recruit them for violence.

I state without fear of contradiction that this violence threatens Kenya's constitutional promise of dignity, human 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.

The author, Julius Ogogoh, is the executive director of the Centre for Litigation Trust (CLT).

Views expressed in this article are solely those of the author and do not necessarily reflect the official position of TUKO.co.ke.

Source: TUKO.co.ke

Reporting originally appeared via TUKO. Read the full source for additional context.