An open letter to Inspector General of Police on breakdown of law

Sir, I belatedly congratulate you on your appointment as the second Inspector General of Police in Kenya since the 2010 Constitution was promulgated. In the interim, I wish to highlight a number of cases regarding breakdown of law and order which I am confident with your vigilance and that of your officers, can dramatically change our country for the better.

The scenario relates to driving on our roads, destruction of school property, injuries and loss of life due to the tyranny of indiscipline which is negatively impacting on the reputation of our country. Fortunately, you have the constitutional and legal mandate to adequately address these challenges.

Overlapping is common, especially in Nairobi. This creates unnecessary gridlock and loss of scarce resources, time and money. A classic example is Ngong Road, Dagoreti corner at the Junction Mall. Between 4pm through to 9pm, matatu drivers have the audacity of not only overlapping but they even drive on the opposite direction towards oncoming cars without blinking an eye. Ironically, the police are sometimes present but watch helplessly. This should never happen in a society that respects law and order.

Why do the police fail to take firm and decisive action against this conduct which assaults the innocent and the law abiding? The other very dangerous habit is overlapping from the left by matatus, a practice which is common especially on Nairobi Nakuru highway and possibly on other roads. This makes safe driving by other motorists unpredictable and risky and hence exposing everybody to harm’s way.

We have witnessed over the years incidences of students/pupils burning administration blocks, classrooms or dormitories with fellow students dying while sleeping. These culpable students if any are neither punished nor made to pay economic value for the destruction of property and loss of lives.

What follows after our indifference? We reinforce bad behaviour, and in the long run as grownups, they have no hesitation being disrespectful to law and order. Have we become a nation that spares the rod and spoils the child, to the extent students, soccer fans and other groups as was clearly demonstrated by the so called “men in black” who in February 2014 at Safaricom Kasarani stadium, during the abortive ODM elections destroyed chairs and tables in the glare of the police officers and cameras and nobody has ever been held to account! These Kenyans have come to believe, fallaciously though, that impunity pays!

Students are products from whom we get those joining universities. What follows reflects enhanced and reinforced bad conduct which is bred at primary and high schools. In a civilised society peaceful demonstration or even picketing are lawful and in fact our Constitution allows people to express their displeasure against what they feel is wrong.

However this must be done without interfering with the rights and freedom of others. But what we witness of students protests is simply criminal. It is time Kenyans became resolute, that we shall not tolerate nor countenance this aggressive proliferation of transgressions and lawlessness, whatever the grievances.

Sir, if you take firm measures to overcome the above according to the laws of the land and you or any of your officers are taken to court, I pledge and undertake to offer pro bono legal service in defense of your action. In the meantime, I consider it every citizen’s patriotic duty, to respect, adhere and owe fidelity to the Constitution and the laws of the land. Further, our Kenyanness is not defined by ethnicity racial or other isms, but the commonality we share under the rule of law of the land.

Therefore the choice is clear for Kenya! Sir, you will make history if our roads, schools, universities and everywhere else discipline reigns supreme while impunity is frowned upon. This will win you Kenyans’ trust and confidence as you discharge your onerous responsibilities.

The writer is an Advocate of the High Court of Kenya