Executive ‘keen on rolling back democratic gains’

The dramatic arrest and release of three senators in what appeared to be a calculated plan to tilt the vote on shareable revenue has added to an increasingly worrying trend where the police target those opposed to the executive.

Even after driving for hundreds of kilometres across the country, police released Kakamega Senator Cleophas Malala, Steve Lelengwe (Samburu) and Christopher Langat (Bomet), raising questions on why they were even arrested.

The Nation understands that their release came after the Director of Public Prosecutions (DPP) Noordin Haji declined to approve charge sheets that had been prepared by the DCI.

Mr Malala was to be charged for breaking Covid-19 containment rules; Dr Lelengwe was accused of inciting youth while Dr Langat was alleged to have administered an oath on 200 youths to fight in Narok North.

“There is malice in the actions against senators Malala, Lelegwe and Langat. It is a politically motivated arrest,” said Mr Malala’s lawyer and Law Society of Kenya President Nelson Havi.

Dark past

“Kenya is fast sliding back to a dark past when the police were used to suppress divergent views by elected leaders,” he said.

The Monday-Tuesday events came just three weeks after police stormed City Hall and clobbered MCAs who were trying to serve Speaker Beatrice Elachi with a notice of impeachment.

In Western Kenya, politicians not in good books with the State are routinely harassed. Although it was not the first time the DPP was declining to charge personalities arrested by the DCI, the events of the past two days have laid bare how the independence of police institutions is increasingly being taken away by the executive.

In particular, is the independence of the DPP’s office when weighed against a police service that has to balance between maintaining the rule of law and dancing to the tune of an overbearing presidency.

Trapped in this quest by the State to punish dissidents is DCI boss George Kinoti, who keeps facing one embarrassment after another whenever he orders the arrest of people only for them to be released.

At loggerheads

This is partly the reason why the DPP and the DCI, who were once formidable partners in the war on corruption, are now at loggerheads.

Last month, High Court Judge George Odunga ruled that the DCI had no powers to institute criminal proceedings unless the DPP gives consent. The DPP is an independent office holder who cannot be ordered by anyone and his term is protected by the Constitution. The DCI, however, serves at the pleasure of the President, just like the Inspector-General of Police.

The IG would have had more independence as envisaged by the drafters of Constitution had Jubilee MPs not forced an amendment to the law that handed the President more say in police matters.

The Security Laws (Amendment) Act was acrimoniously passed in 2014 after the Jubilee party bulldozed it despite protests by opposition MPs. The changes effectively clipped the powers of the National Police Service Commission by allowing the President and Parliament to appoint the IG without open recruitment.

Ever since, several other laws meant to erode the independence of the police have been passed by amending the National Police Service Commission Act, National Police Service Act and Independent Policing Oversight Authority Act. The chickens have now come home to roost for some of the MPs who passed these laws.

Orengo’s prophecy

On Monday, Elgeyo-Marakwet Senator Kipchumba Murkomen made a painful admission to a prophecy made by his Siaya counterpart James Orengo in 2017 about handing over too much power to the State.

“Orengo, you told us that revolution eats its own children and yes, it has devoured me but it will come for you next that you are in a position of power,” said an animated Mr Murkomen.

Human rights groups have protested at the events of the last two days, saying the police are being used to protect a small clique of political and economic elite.

“There is serious regression when people do not see the police as neutral arbiters and actors,” Mutuma Ruteere, the Director, Centre for Human Rights and Policy Studies, told a webinar to commemorate 10 years of the new Constitution and organised by Strathmore University Tuesday.

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