Veteran lawyer John Khaminwa has raised alarm over the state of the justice system in Kenya, accusing the government of undermining the rule of law and turning the country into a banana republic.

He warned that Kenya’s deteriorating legal environment has drawn criticism from neighbours, pointing to recent comments by Tanzanian President Samia Suluhu, who appeared to ridicule Kenya’s governance.

“The country could easily be classified as a banana republic. No wonder President Samia Suluhu is mocking us,” Khaminwa said.

Speaking in court on Tuesday, May 20, 2025, Khaminwa said Kenya’s criminal law has historically been used as a political weapon, and that the trend has only worsened under the current administration.

“The criminal law of Kenya has always been abused. It was abused during the colonial period, during Mzee Jomo Kenyatta’s days, and considerably during Moi’s days. The only president I can put a word in his favour is Mwai Kibaki. The criminal law was not abused in his time at all,” Khaminwa stated.

He said today’s government is no different, accusing state agents and the executive of manipulating the legal system for their benefit.

“It is now being abused by the executive, by the agents of the state. They have taken over the criminal law of the country. The rule of law is now in the ICU,” he noted.

Khaminwa pleaded with the judiciary to rise above political pressure and defend the independence of the courts, saying bold leadership by judges and magistrates is the only way out of the current legal crisis.

“Our judges have to be bold, our magistrates have to be bold. I’m stating clearly, the government should not be governed the way it is right now,” Khaminwa added.

He issued a rallying call to young Kenyans to defend the country’s democratic foundations and safeguard the independence of the judiciary.

“We need young people to maintain the concept of the rule of law, the independence of the Judiciary,” he said.

Suluhu’s remarks

Speaking during the launch of Tanzania’s new foreign policy, Suluhu expressed displeasure at what she termed as foreign activists meddling in her country’s affairs.

“We have started to observe a trend in which activists from within our region are attempting to intrude and interfere in our affairs,” she said on Monday, May 19, 2025.

“If they have been controlled in their country, let them not come to disrupt us. Let us not give them the chance; they have already destabilised their countries, and the only remaining peaceful nation is Tanzania,” Suluhu remarked.

She further urged Tanzanian security agencies to block ill-mannered individuals from other countries from crossing the line.

Suluhu’s remarks came just a day after Kenyan human rights activists were deported from Tanzania. Among them were former Justice Minister Martha Karua and retired Chief Justice Willy Mutunga, who had travelled to Dar es Salaam to observe the trial of Tanzanian opposition leader Tundu Lissu.

Lissu, who leads the opposition party Chadema, is accused of inciting rebellion and disrupting the electoral process ahead of Tanzania’s elections scheduled for October.

His party was recently disqualified from participating in the polls by the electoral commission, triggering further claims of repression by Suluhu’s administration.