Subverting justice for political expediency

What you need to know:

  • So far, there has been no indication that the politicians alleged to have influenced the youths to hurl stones, shoes and other missiles at the President will be pursued and punished for the crime
  • It all started with President Uhuru Kenyatta’s order to release six “youths’’ charged with the crime of heckling him during his recent tour of Migori.
  • Then came the announcement by Makueni Governor Kivutha Kibwana that he had forgiven people who engaged in indiscriminate shooting that left half a dozen people injured.

The emerging trend in which the political class has intervened on behalf of criminal suspects is a worrying development that could have far-reaching implications on the administration of justice and the enforcement of law and order.

It all started with President Uhuru Kenyatta’s order to release six “youths’’ charged with the crime of heckling him during his recent tour of Migori.
Then came the announcement by Makueni Governor Kivutha Kibwana that he had forgiven people who engaged in indiscriminate shooting that left half a dozen people injured.

Hardly had the dust settled on the fracas than came the statement by Cord leader Raila Odinga that he would not be pressing charges against a man who thrashed him and Kwale Governor Salim Mvurya at a public rally.

The President gave his order after a meeting with a delegation of leaders from Migori at State House, Nairobi. They are reported to have apologised to the President for the embarrassing situation he found himself in when a rally he was addressing was disrupted.

The leaders reportedly blamed unnamed politicians who hired the youths to cause the mayhem. What is without doubt is that a serious criminal act was committed right in front of the President and one that caused the entire meeting to abort. It takes criminal courage for anyone to dare throw stones and shoes at the President at a rally.

How then does one reconcile his expression of leniency against such a blatant criminal act by ordering the freeing of those arrested instead of letting them face the full force of the law? And what of those faceless “political inciters” said to have influenced the youths?

MAKUENI

In the Makueni incident, a crime of serious proportions was committed by people armed with guns, and in Kwale, Mr Odinga was beaten by a man whose intentions were clearly criminal, yet he “forgave” him even before the incident had been fully investigated.

If political leaders can openly intercede to free suspects or shield them from prosecution, what message are they sending to Kenyans about their commitment to the rule of law?

So far, there has been no indication that the politicians alleged to have influenced the youths to hurl stones, shoes and other missiles at the President will be pursued and punished for the crime. The President can exercise his prerogative of mercy on criminals only after they have been subjected to the due process of the law.

These incidents are a sad reminder of the mass crimes that went largely unpunished in the wake of the post-election violence of 2007-2008.

Any action that subverts the process of administering justice, however mundane, contributes to the promotion of the state of impunity that this country has witnessed in recent years.

Ours is increasingly becoming a country where criminals are routinely shielded from the law by the very same people we expect to uphold the law.

Classifying perpetrators of crime as “youths’’ and explaining away their crimes as being influenced by politicians is a dangerous trend. Even more worrying is the impression created that all so-called youths need to do to shield themselves from prosecution is to link their crimes to political incitement.

Mr Musebe, a former journalist, is now a freelance media consultant ([email protected])