A democracy does not collapse in a single dramatic moment. It erodes quietly — file by file, decision by decision, silence by silence.
At the center of that erosion is often not the police, not the politician, not even the protester — but the prosecutor.
In Kenya, the Office of the Director of Public Prosecutions (ODPP) was created under Article 157 of the Constitution to be independent, impartial, and guided only by the public interest, the administration of justice, and the need to prevent abuse of legal process. It was designed to be insulated from political pressure. It was meant to be a guardian of the rule of law.
But what happens when the guardian is accused of guarding selectively?
The Kitengela Incident: A Test Case
In a recent investigative report aired by Citizen TV, disturbing details emerged about a police shooting in Kitengela in which three young men lost their lives. The Independent Policing Oversight Authority (IPOA), a statutory body established under the IPOA Act to investigate police misconduct, reportedly completed its investigations and recommended murder charges against five officers:
- Samwel K. Bett
- Abdullahi Wako (alias Moha)
- Amos Kyondu Ngumbi
- Stephen Kyalo
- Josses Ekale
According to public reporting, IPOA forwarded its file to the ODPP recommending prosecution. Nearly a month later, the ODPP had reportedly not acted on the file. Reports further indicated that the office denied the file’s existence.
Meanwhile, the officers in question remain free.
Justice delayed in homicide cases is not procedural caution — it is public trauma prolonged.
A Pattern Kenyans Recognize
The Constitution guarantees equality before the law. Article 27 is unambiguous. No one is above the law. No one is beneath it.
Yet Kenyans observe an unsettling contrast.
If a blogger tweets critically about President William Ruto, charges can be approved within hours under cybercrime or related statutes. Arrests move swiftly. Files move with remarkable speed.
But when allegations involve police officers accused of killing civilians? The process appears to slow to a crawl.
Speed for speech.
Silence for shootings.
That perception — whether defended or disputed — is dangerous.
Because justice is not only about outcomes.
It is about consistency.
The Constitutional Mandate
The ODPP is not an extension of the Executive. It is not a political communications department. It is not a strategic weapon against critics.
Its mandate is clear:
- To prosecute criminal conduct impartially.
- To act independently of political influence.
- To safeguard the administration of justice.
If the ODPP acts swiftly in cases involving government critics but hesitates in cases implicating state officers, it risks being perceived not as a neutral arbiter but as a selective instrument.
Perception matters in democracy.
When public confidence erodes, institutions weaken — even if their legal powers remain intact.
IPOA’s Role and the Stakes Involved
IPOA exists precisely because police accountability cannot be left to internal police processes alone. It was created after years of documented concerns about extrajudicial killings and excessive force.
Kenya has a documented history of police excesses raised by human rights organizations, civil society groups, and international observers. Each time an investigation is completed and forwarded for prosecution, it becomes a test of whether accountability is real or rhetorical.
If IPOA completes investigations and recommends charges, and those recommendations stall indefinitely, the signal sent is chilling:
Accountability may depend on who wears the uniform.
That is not the spirit of the Constitution.
Justice Delayed Is Not Neutral
In cases involving loss of life, delay is not administrative. It is moral.
Families wait. Communities speculate. Tension builds. Trust erodes.
And when no action is visible, conspiracy theories fill the vacuum.
Transparency is not optional. It is stabilizing.
If there is insufficient evidence, the ODPP should say so publicly.
If investigations are incomplete, clarify.
If the file exists, confirm it.
If it does not, explain why.
Silence in matters of life and death is not procedural caution — it is institutional vulnerability.
The Weaponization Concern
Kenya’s political history includes periods when prosecutorial powers were used strategically — sometimes to settle political scores, sometimes to intimidate critics, sometimes to neutralize opponents.
The 2010 Constitution was meant to end that era.
But when the prosecutorial arm appears more responsive in cases involving speech than in cases involving state violence, the old suspicions resurface.
Law must never become a sword for the powerful and a net for the powerless.
The Broader Context: A Democracy Under Watch
Kenya has positioned itself as one of Africa’s more vibrant democracies — with competitive elections, active media, and a vocal civil society.
But institutions, not speeches, sustain that reputation.
If citizens begin to believe that:
- Police officers accused of murder face no consequences,
- Bloggers face immediate prosecution,
- Corruption files gather dust,
- Political convenience determines urgency,
Then faith in the rule of law begins to fracture.
And once fractured, it is hard to repair.
Accountability Is Not Anti-Government
Demanding prosecution where evidence supports it is not an attack on the government. It is an affirmation of constitutional order.
Holding police accountable strengthens law enforcement legitimacy.
Prosecuting corruption strengthens investor confidence.
Protecting speech strengthens democracy.
Selective enforcement weakens all three.
The Question Before the ODPP
The Office of the Director of Public Prosecutions must answer one central question:
Is it acting as an independent constitutional office — or is it perceived as a political gatekeeper?
In democracies, institutions survive on trust.
Trust survives on transparency.
Transparency survives on action.
Kenyans deserve clarity on the Kitengela file.
Kenyans deserve consistency in prosecution decisions.
Kenyans deserve assurance that justice does not depend on the identity of the accused.
The Final Reminder
The ODPP was created to strengthen justice, not to shield power.
The Constitution does not rank lives by uniform, office, or political alignment.
No one should be above the law.
No one should be beneath its protection.
If prosecution is swift for words, it must be swifter for death.
If the state can move quickly to silence critics, it must move even faster to confront alleged killers.
Because in a constitutional democracy, justice is not selective.
It is equal. Or it is failing.
Courtesy of https://x.com/sholard_mancity?s=20
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