Government and Policy

When The Rule Of Law Becomes A Tool Of Tyranny By The greedy And Incompetent

BY Steve Biko Wafula · October 18, 2024 10:10 am

KEY POINTS

KEY TAKEAWAYS

Even the devil deserves a fair trial, as the saying goes. If Gachagua is guilty, let him face the full force of the law—but through a transparent, constitutional process. That is the only way to safeguard our democracy. By allowing this farce of an impeachment to stand, we are setting a dangerous precedent where political power supersedes legal and constitutional authority.

The impeachment of Deputy President Rigathi Gachagua has shaken the political landscape of Kenya, not because of his character, which most can agree is flawed, but because of the dangerous precedent it sets for the future of governance in this country. Let us be clear: Gachagua is no saint. His corruption, greed, and abuse of power have been well documented. But even a devil deserves his day in court, and that’s where this process has failed us all. It is not about saving Gachagua; it is about saving the integrity of the rule of law, and by extension, the rights of every Kenyan who may one day face the same travesty.

The Constitution of Kenya, under Article 145, outlines the impeachment process of the Deputy President. Yet, what transpired here was a mockery of these provisions. The haste with which the process unfolded, the lack of due process, and the absence of thorough investigations speak to a political witch hunt rather than a legitimate legal process. Article 50 of the Constitution guarantees every individual the right to a fair hearing. Where was Gachagua’s fair hearing? Did the accusations hold water, or were they merely convenient political weapons in the hands of those seeking to consolidate power?

Yes, Gachagua has been accused of corruption, and rightly so, but since when did accusations replace evidence? Kenya has long grappled with corruption, but selectively applying justice to those who fall out of favor with the powers that be is not justice at all. It is political retribution. This is the kind of act that weakens institutions, erodes public trust, and leaves us vulnerable to the whims of those in power. If Gachagua, with all his influence, can be discarded without proper legal recourse, what hope does the common mwananchi have?

President Ruto and opposition leader Raila Odinga are no strangers to political manipulation. Both have mastered the art of using state mechanisms to achieve their personal goals. In this case, they have demonstrated that they are willing to sacrifice constitutionalism at the altar of political expediency. Ruto, who once campaigned on a platform of defending the Constitution, now turns a blind eye to its desecration. Raila, who has long fought against corruption, suddenly finds himself aligning with the very forces that perpetuate it. Is this the democracy we voted for? Or are we simply witnessing the slow erosion of our democratic gains?

The most glaring flaw in this entire process is the lack of independence in the institutions involved. The Ethics and Anti-Corruption Commission (EACC), the Office of the Director of Public Prosecutions (ODPP), and Parliament itself were all too eager to rubber-stamp Gachagua’s removal without asking the hard questions. Article 160 of the Constitution enshrines the independence of the judiciary, yet how independent was it in this process? Where was the scrutiny of evidence? Where was the rigorous interrogation of facts?

And if we are to speak of corruption, let us not pretend that Gachagua was the only rotten apple in the basket. The political elite in Kenya is a cesspool of corrupt individuals who have mastered the art of using public office for personal gain. Ruto and Raila, too, have skeletons in their closets. Yet, because they are politically expedient at the moment, they are shielded from the very laws they claim to uphold. The double standard is nauseating.

Article 27 of the Constitution provides for equality before the law. Yet, what we are seeing is a two-tiered system: one for the politically connected and another for the rest of us. If Gachagua’s removal was genuinely about corruption, where are the investigations into the billions siphoned off by other politicians? Where is the accountability for the scandals that have rocked the Jubilee and Kenya Kwanza administrations? Selective justice is not justice; it is oppression in disguise.

This sham of an impeachment not only violates Gachagua’s rights but also undermines the constitutional safeguards meant to protect all Kenyans. The Constitution is not a tool to be wielded at the convenience of political leaders. It is the supreme law of the land, designed to ensure that every individual, regardless of their stature, is treated fairly. But when that Constitution is trampled upon, when due process is abandoned, we are all at risk.

For all his faults, Gachagua’s downfall is not the result of a robust legal process but a carefully orchestrated political strategy. Raila and Ruto, in their unholy alliance, have demonstrated that they are willing to bend the rules when it suits them. Today, it’s Gachagua. Tomorrow, it could be anyone who dares to challenge the status quo. Is this the kind of governance we are prepared to accept?

Moreover, this political circus has distracted us from the real issues plaguing the nation: rampant unemployment, rising inflation, a collapsing healthcare system, and widespread poverty. Yet, instead of addressing these pressing concerns, our leaders are busy settling personal scores. Article 43 guarantees every Kenyan the right to economic and social rights, but how can these be realized when the political elite is more concerned with self-preservation than governance?

If this is the kind of leadership we are stuck with, then perhaps it is time for Kenyans to rethink their allegiances. The political class has failed us repeatedly, and now they are dismantling the very legal frameworks that could hold them accountable. What happened to Gachagua is a warning to all of us: today, it’s him, tomorrow, it’s you.

The Kenyan Constitution was designed to protect us from precisely this kind of abuse of power. It is supposed to provide checks and balances, not be a tool for settling political scores. Article 95 gives Parliament the power to hold the executive accountable, yet Parliament itself has become a puppet of the executive. Where is the independence? Where is the oversight?

In conclusion, the impeachment of Gachagua is not just an attack on one man; it is an attack on the rule of law, on constitutionalism, and on the rights of every Kenyan. It is a sham process that will not withstand the rigorous interrogation of corruption, for the very people pushing for it are themselves neck-deep in graft. If we allow this to go unchallenged, we are signing away our freedoms, our rights, and our future. For as the old African proverb says, “When the elephants fight, it is the grass that suffers.”

About Steve Biko Wafula

Steve Biko is the CEO OF Soko Directory and the founder of Hidalgo Group of Companies. Steve is currently developing his career in law, finance, entrepreneurship and digital consultancy; and has been implementing consultancy assignments for client organizations comprising of trainings besides capacity building in entrepreneurial matters. He can be reached on: +254 20 510 1124 or Email: info@sokodirectory.com