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Government and Policy

Kenya on the Brink: How The Acting Police IG’s Defiance Of The Constitution Incites Public Anarchy

BY Steve Biko Wafula · September 19, 2024 10:09 am

In recent weeks, Kenya has witnessed an alarming disregard for the rule of law by none other than the acting Inspector General of Police, David Masengeli. His brazen defiance of court orders and outright contempt for the Constitution threaten to push the country toward lawlessness. It is critical to understand that the very institution charged with enforcing the law is now leading the country into a state of disorder and disobedience, setting a perilous example for the public.

The Rule of Law Under Siege

The Constitution of Kenya, specifically Article 10, outlines the national values and principles of governance, including the rule of law, democracy, and constitutionalism. These values bind all state officers, including the acting Inspector General of Police. Yet, Masengeli’s actions demonstrate a blatant disregard for these principles, fostering a culture of impunity that undermines the foundation of Kenya’s democratic governance.

Defiance of Court Orders

Court orders in Kenya are not suggestions but legally binding directives that ensure justice is served and the rule of law is maintained. Article 160(1) of the Constitution enshrines the independence of the judiciary, mandating that its decisions are respected and enforced. Masengeli’s refusal to comply with judicial orders, whether they pertain to police conduct or any other matter, sends a dangerous message: that those in power can pick and choose when to follow the law.

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Erosion of Public Trust

The police service is meant to serve and protect the public under Article 244 of the Constitution, which mandates that the National Police Service adheres to the highest standards of professionalism and discipline. However, when the acting police chief flagrantly ignores court rulings, it erodes public trust in the very institution designed to safeguard their rights.

Inciting Anarchy

Masengeli’s actions do not merely violate the Constitution; they actively incite disobedience and lawlessness among the public. When the head of a critical security institution chooses to ignore legal processes, what is to stop the average citizen from following suit? In this sense, Masengeli is inadvertently giving the public a green light to rebel against authority.

A Mad Max Society in the Making

Kenya now stands at the precipice of anarchy, resembling the dystopian chaos depicted in the film *Mad Max: Fury Road*. Lawlessness has become the order of the day, with the political elite—many of whom have been accused of corruption, sexual offenses, and theft—further exacerbating the crisis. The police, once the bulwark against such chaos, now appear to be complicit in the breakdown of societal order.

A History of Impunity

Kenya’s history is replete with instances of state impunity, but what we are witnessing today is unprecedented. When high-ranking officials, such as the acting police IG, openly flout the law, it emboldens other sectors of government and society to follow their example. It is no surprise, then, that the civil service has become a cesspool of corruption, as government officials take cues from their leaders’ lawlessness.

Civil Service Corruption: Following the Lead of the Police 

The civil service, designed to implement policies and uphold the law, has instead mirrored the corrupt actions of political and security leaders. Civil servants are now looting public resources with reckless abandon, knowing full well that there are no consequences for their actions. After all, if the head of the police can disobey the courts, why should they be held to a higher standard?

Public Disorder: A Predictable Outcome 

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