Everybody must adhere to the rule of law irrespective of their position, class or political following. It is important for the society to operate in a civilised way. Taking the law into your own hands instead of involving the relevant authorities creates anarchy and lawlessness.
It is sad to note the country is slowly accepting and embracing impunity and other political vices. The level of corruption is rising rapidly and very little is done to counter this. The electorate doesn’t seem to care that people with scandals in other positions are running to contest.
We need to lead by example and serve with order. The wind of violence that the nation is facing is slowly casketing our country. However, some specific cases raise a lot of questions on whether the law was used to punish a person or their actions. Can we separate the two and still uphold the rule of law?
Many political contestants have been reported to be interfering with election process but have gotten away with only a warning. We cannot use the law to punish those who are unpopular while the dominant figures get away with the same charges.
In as much as it is the right thing to do, it may not serve its purpose if it is discriminatory. The country is raising questions whether the same action would be taken if she had a big following in the country that can go and demonstrate in prison? Are we targeting the weaker contestants?
There is dire need for every individual to uphold the electoral rules and regulations. Both male and female candidates should face the law without discrimination.
Ms Mbogori is the Chair, Kenya National Commission on Human Rights
It will not because majority of the cases are trumped-up charges. Take the case when some MPs including myself were arrested last year. Personally I was not even on the wanted list. I had gone to join my colleagues in solidarity at CID headquarters when I heard about their arrest then someone decided Florence should be added to the arrest list.
The law is clear on election violence and politicians are keen to obey it. It is a different matter when the State targets you to punish you because you are a thorn to them. The law provides that an accused person can be charged and then given bail. The prison conditions especially for women are a inhumane.
Some of the police officers are crude and think everyone who is arrested is a criminal. People are locked up in a dark room with no lights and blankets and sleep on the floor. No inbuilt toilets nor running water.
Running water in toilets is critical especially for women during their monthly cycle. I can’t imagine what one would do in such a condition without water. There is need for urgent reforms in the Kenya’s penal system. The cells were made for human beings not necessarily disobedient. Human beings deserve better.
Imagine forcing people to use a bucket in front of others. This is infringing on human rights and decency. We need to know why some stations still use buckets as ‘toilets’. We should develop a policy of one cell to be used by one person.
Ms Mutua is Busia Woman Representative
