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Why Kenya’s democracy won’t survive a bulletproof govt

Why Kenya’s democracy won’t survive a bulletproof govt
Youths protesting. Image used to illusrate this story. PHOTO/Pexels

The recent police crackdowns on peaceful protests across Kenya have left more than just bruises and bullet wounds—they’ve scarred the country’s conscience.

 From the bloodied bodies of students to the tear-gassed streets of Nairobi, the scenes unfolding in the name of law and order reflect not a democracy at work, but one in deep distress.

The right to assemble is not a favour extended by the state; it is a constitutional guarantee, enshrined in Article 37 of the Kenyan Constitution. Every citizen has the right, peacefully and unarmed, to assemble, demonstrate, picket, and present petitions to public authorities.

This is not up for debate; it is law. And yet, what we are witnessing is the slow, calculated erosion of this right through excessive force, intimidation, and the systematic weaponisation of the police.

We must call this what it is: a dangerous descent into authoritarianism.

Over the past few weeks, Kenya has been rocked by protests — particularly in opposition to the which has galvanized youth, students, workers, and civil society in rare unison. Rather than listen, the state has responded with tear gas, live ammunition, and mass arrests. Instead of dialogue, the people have been met with riot gear, batons, and bullets.

This is not governance; it is repression. Indeed, I cannot agree more with prominent lawyer Willis Otieno that “the state must never weaponise the police against its citizens. A regime that relies on batons and bullets to command obedience is not governing; it is merely delaying collapse.”

These words are not just a warning — they are a mirror to the present. A government that fears its people and resorts to violence to silence them forfeits its moral legitimacy. It may control the streets today, but it loses the soul of the nation in the process.

We must remind ourselves what Article 238(2)(b) of the Constitution demands: “National security shall be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights, and fundamental freedoms.” Yet, police conduct in recent days has blatantly defied this principle.

 The use of excessive force violates both domestic law and international obligations, including the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which strictly limit the use of firearms to situations of imminent threat of death or serious injury — and only as a last resort.

But Kenya’s streets tell a different story.

Video clips have emerged of unarmed protesters being chased down and beaten. In some cases, plainclothes officers have dragged civilians into unmarked vehicles — a chilling tactic reminiscent of dark authoritarian regimes. Reports from human rights organisations, lawyers, and even journalists describe scenes where police deployed force without warning, without restraint, and without accountability.

Power rooted in violence is inherently unstable; it may subdue for a moment, but it can never secure legitimacy. When the people withdraw their consent, not even an arsenal of guns can hold a regime together.

And this is precisely what is at stake. Democracy is not sustained by elections alone — it is upheld by institutions that respect rights, a government that tolerates dissent, and a police service that protects, not persecutes, its people.

Anti-riot police disperse Gen Z protesters on Kenyatta Avenue in Nairobi on Wednesday. PHOTO/Bernard Malonza
Anti-riot police disperse Gen Z protesters on Kenyatta Avenue in Nairobi on Wednesday. PHOTO/Bernard Malonza

Due process

Kenya’s police are governed by the National Police Service Act (Revised 2023), which clearly outlines when and how force may be used.

 According to the Sixth Schedule, officers may only resort to firearms when less extreme measures are inadequate and only in response to imminent threats of death or serious injury. The law also requires police to attempt non-violent means first, provide warnings, offer medical assistance to the injured, and report every use of force.

These are not just bureaucratic checkboxes — they are safeguards for democracy. Yet, in the heat of protest, they have been ignored with impunity.

What message are we sending to the next generation when tear gas greets their cries for justice? When a young Kenyan, demanding accountability from her leaders, is met with a rubber bullet instead of a response? Are we teaching them to fear their government instead of trusting it?

If this is the legacy we are building – a democracy that cannot tolerate criticism, a government that responds to questions with gunfire—then Kenya is on the verge of losing not just its stability, but its soul.

We must reject the notion that security means suppression. We must demand a police service that acts within the law, not above it. We must call for accountability for every officer who abuses their power, for every protester whose rights are violated, and for every official who turns a blind eye.

This is not a partisan issue. This is not a protester versus police issue. This is a Kenyan issue — a fight for the country we claim to be and the one we hope to become. It is not firepower that sustains a government; it is trust, justice, and the rule of law.

Kenya’s democracy cannot survive a bulletproof government. It requires transparency, accountability, and the courage to listen — especially when it is inconvenient. If we silence the streets today, we may never hear the voice of the people again.

And when the people stop speaking, democracy dies.

Author

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