Kenya not a failed State by any stretch of the imagination

President William Ruto [Courtesy]

A failed State is one in which the machinery of government no longer performs its elementary duties. The authorities, such as they are, prove unable to uphold public order, enforce the rule of law, or deliver basic services.

Central authority fragments, often giving way to entrenched corruption, persistent violence, and economic decay. In such conditions, the State forfeits not only domestic legitimacy but also the capacity to function as a credible member of the international community.

In recent months, Kenyans have increasingly reached for the epithet “failed State” to characterise what they see as the government’s shortcomings.

A confluence of strains, economic malaise, faltering education and health systems, and periodic lapses in law and order is thus compressed into a single, damning label. Yet the question remains: can this description stand up to close examination?

To begin with, Kenya scarcely fits the description of a failed State. The government retains a firm monopoly on the legitimate use of force: internal security rests with the police while the national army safeguards the country’s borders. Warlords and militias find no foothold.

Where criminal gangs have sought to encroach upon urban or rural life, the authorities have responded decisively, at times employing lethal force within the bounds of the law.

Second, the provision of basic services now extends across much of the country. Access to clean water, electricity, healthcare, education, and road networks is no longer exceptional but, in many places, routine.

Where such amenities remain out of reach, responsibility falls on counties, which are devolved units of government designed to bring services closer to citizens, to turn promise into practice. In regions where provision lags markedly behind the national norm, the Equalisation Fund, established in law, is intended to narrow the gap and raise standards toward parity.

Rule of law

Third, Kenya is governed by the rule of law. The Constitution is supreme, underpinned by a clear separation of powers and robust protections for fundamental rights. These safeguards are intended to constrain arbitrary or unfettered authority. The Judiciary is operational and, in practice, sufficiently assertive. Courts have on numerous occasions issued binding orders against the State when it has exceeded its mandate.

Property rights, too, are entrenched and vigorously defended. Taken together, these institutional features explain why the rule of law remains one of the principal reasons Kenya has long ranked among Africa’s leading investment destinations.

A fourth pillar that negates the argument of a failed State is Kenya’s capacity to raise revenue, overseas trade, and manage the currency. These functions are anchored by the Kenya Revenue Authority, which serves as the executive instrument of fiscal policy, and the Central Bank of Kenya (CBK), which performs the orthodox roles of a monetary authority. The CBK underpins the shilling, Kenya’s internationally recognised currency, ensuring its functions as a unit of account, medium of exchange, and a store of value.

Kenya is far from a failed State. While cattle-rustling gangs have occasionally troubled parts of the North Rift and some politicians have at times enlisted hired thugs or stoked ethnic and religious tensions, the State’s firm response to such disturbances underscores its capacity and functionality. This resilience dispels claims of state collapse and highlights institutional endurance and order over time.

The writer is a public policy analyst