Captured Justice: Kenya's risky slide into legalised repression as politics undermines the Judiciary

President William Ruto during the Groundbreaking for the construction of Narok International Airport project in Narok North Constituency on May 6, 2025, as part of his tour of Narok County. [Kipsang Joseph, Standard]

The country is teetering on the edge of a justice system transformed-from a shield for the people into a sword for those in power, legal experts, human rights defenders and political analysts have warned.

They warn that justice is increasingly becoming a matter of political loyalty. Speak out against the administration, and long-forgotten legal cases resurface with startling speed, with verdicts delivered in record time.

Support the administrations policies and legal problems trailing you seem to dissipate.

In a land where sycophancy is currency, a well-timed hymn to the president can work wonders-turning even murder charges into whispers lost in a maze of official red tape, where justice goes to sleep and memory fades.

Lawyers, rights activists, and political analysts say this is the grim reality in a country where the rule of law repeatedly collides with raw political power and self-serving interests, despite the 2010 Constitution's promise of accountability and fairness.

"For those in power, State agencies have become tools of convenience-used not for public good, but to bulldoze unpopular policies and serve private interests. It's a pattern that's taken root, and that's why the public sector is in disarray," Lawyer Denis Moturi told The Standard.

"The use of State agencies to target individuals appears to follow a growing pattern," said constitutional expert Bobby Mkangi, adding "This administration had promised to avoid such tactics, but signs suggest otherwise. It is heavily using State agencies to fight political battles"

"State agencies have been weaponised, and the prosecution process is now politicised," said second liberation hero, lawyer Gitobu Imanyara.

He added, "President Ruto has weaponised State institutions to protect his interests, which appear to be purely commercial. He is relying on this weaponisation, along with aging political allies, to prevent his government from collapsing."

This comes at a time when the United Nations Human Rights Council's May report warns of Kenya's alarming descent into a State where fundamental rights are under threat and impunity is fast taking root. The report paints a chilling picture of a country where critics disappear without a trace, protesters are gunned down in broad daylight, and constitutional protections once held sacred are now casually discarded.

"The problem is not that prosecutions are happening," governance analyst Arnold Maliba remarked. "It's that some prosecutions happen because of politics, and others don't because of politics. That's not justice. That's vengeance or reward."

At the heart of it all lies a State apparatus - the Office of the Director of Public Prosecutions (ODPP), the National Police Service, the Kenya Revenue Authority (KRA), the Ethics and Anti-Corruption Commission (EACC), and the National Intelligence Service (NIS) - all of which are well-financed and seemingly independent but increasingly viewed as operating under the influence of President Ruto.

"What we're seeing is a dangerous shift-those in control are now manipulating State power not just to push agendas, but to dodge accountability and entrench themselves. It's unprocedural, it's illegal, and it's tearing at the fabric of lawful governance," lawyer Moturi said.

Mkangi, a former member of the Committee of Experts that drafted the 2010 Constitution, warned: "Nowadays, you never know whether charges are legitimate or trumped up. We're losing as a nation. Ruto allies who faced charges under the previous regime have seen those charges dropped, raising serious concerns about selective justice."

Contrasting cases

The cases of former Kiambu Governor Ferdinand Waititu and Sirisia MP John Waluke exemplify the apparent politicisation of Kenya's justice system.

Waititu, once a staunch ally turned critic of Ruto, found his charges fast tracked following his fallout with the president. He has now been in jail for the last three months.

In February 2025, he was sentenced to 12 years in prison over a Sh588 million road tender. His wife, a co-accused, was also convicted. The ruling came after years of investigations that many saw as politically motivated.

"I had so much faith in Ruto's campaign pledges, but we were all deceived," Waititu lamented after his conviction.

His conviction came on the heels of his growing opposition to Ruto's government, and some legal experts pointed out the timing as suspicious.

"His case had dragged on for years, and then, just as his political stance shifted, relevant agencies accelerated the case. This was no coincidence," a former member of Waititu's legal team noted.

By contrast, John Waluke's story unfolded differently. The Sirisia MP had been convicted in 2020 for defrauding the National Cereals and Produce Board (NCPB) of over Sh313 million through a fake maize importation scheme. He was sentenced to 67 years in prison or a fine of Sh700 million.

But in December 2022, Waluke publicly pleaded with President Ruto for intervention.

"You are now the Head of State... please rescue me," Waluke said, seeking Ruto's influence to overturn the verdict.

In a dramatic twist in February 2023, the Court of Appeal overturned Waluke's conviction, citing flaws in the prosecution's case. The ruling left many asking why such an outcome was possible for someone so politically connected. Waluke's lawyers argued the case was politically motivated - an argument the court seemed to endorse when it declared the charges an abuse of justice.

Waluke, whose political fortunes were tied to Ruto, had his case dismissed, and within months of the verdict, he was back in Parliament, a free man. The Director of Public Prosecutions (DPP) and the EACC, despite public pressure, did not file an appeal to the Supreme Court, further fueling suspicions of a politically biased justice system.

Our efforts to get comments from ODPP and EACC failed, as they have been taking us around for the last three weeks.

"His political alignment saved him," said governance analyst Maliba. "If Waluke had been in the opposition or had criticised the government, this case would not have gone the same way."

By July 2024, Waluke was denouncing anti-government protests, calling young demonstrators "criminals"-an apparent reward for his loyalty. This stark contrast in the handling of cases like Waititu's and Waluke's is not isolated. In 2022, Kimilili MP Didmus Barasa was charged with fatally shooting an aide to a rival during a chaotic election day. He was acquitted in July 2023 when a court cited "inconclusive ballistic evidence."

Since then, Barasa has sued political opponents for defamation and remains firmly in Parliament. He continues to praise the President fervently. Last week he led demonstrations at Nzoia Sugar company in Bungoma supporting the government's leasing plan against critics from his backyard led by Trans Nzoia Governor George Natembeya who had staged a demo earlier.

Addressing a charged crowd largely composed of cane farmers, Barasa dismissed Natembeya and DAP-K leader Eugene Wamalwa's opposition to the lease as "importing dirty Trans-Nzoia politics to a peaceful Bungoma community."

Gatundu South MP Gabriel Kagombe is now facing murder charges after a boda boda rider was shot at a chaotic market launch. Investigators traced the fatal bullet to his weapon. High Court Judge Francis Olel ordered his mental evaluation ahead of formal charges, while the State contests his anticipatory bail.

"The institutions of justice - police, prosecution, judiciary - are all involved in these cases," noted Maliba. "But the outcomes couldn't be more different. Ruto's Kenya is a place where prosecution isn't about guilt or innocence. It's about which side of the political aisle you sit on."

Maliba put it bluntly: "This isn't about law. It's about survival."

"This undermines the credibility of State agencies, making it difficult to distinguish between trumped-up charges and legitimate ones," said Mkangi adding, "It's a desperate tactic-often the last weapon used by those in power. There's strong advocacy against it, and many citizens are pushing back. We must continue the fight. Unfortunately, independent institutions have failed us".

"But he must understand," said Imanyara, "Kenya will never return to the one-party era. Our Constitution is strong. While he uses State agencies to target individuals, more voices of resistance are rising. The level of disobedience to court orders, under his government, has never been this high in Kenya's history."

The Maraga Taskforce exposed a rotten system - from bribes for police recruitment to the failure to punish officers implicated in killings. Yet a court ruled the taskforce unconstitutional, freezing its work before reforms could begin.

Beyond the courts, ordinary Kenyans who speak up - or stand up - face another set of threats. Agencies like the DCI, EACC, KRA, and the DPP have been accused of being used to punish government critics. The timing of arrests and investigations often coincides with political disputes, creating a pattern that's hard to ignore.

"Police are chasing me while ignoring criminals," said activist Boniface Mwangi adding, "They know the trumped cases against those opposing Ruto are going nowhere, and they just want to create fear among Kenyans."

"It's not about justice anymore," said an aide to a prominent politician, who has been praising president Ruto said, adding "It's about survival."

System under siege

The Maraga Taskforce laid bare a justice system already fraying at the edges, saying that the Security Laws (Amendment) Bill introduced by Jubilee watered down the police, giving the CS and President powers to manipulate the service. It detailed how police recruitment was marred by bribes of up to Sh600,000, how political interference shaped promotions, and how officers implicated in extrajudicial killings walked free. Its recommendations were bold - but a court ruling declared the taskforce unconstitutional, freezing reforms before they took root.

"Uhuru started it to silence critics and opponents using State agencies. Ruto was a victim but never learned," said Mwangi "In fact, he has used the State agencies to do the worst. He wants to isolate those against his bad leadership by using State agencies."

"A significant percentage of slots in any recruitment process are allocated to the political elite, leaving only a few for merit selection," reads the Maraga report in part. "Those who enter through political influence maintain their positions by remaining loyal to their connections, while those selected on merit sustain their roles by granting favours to police bosses."

Moturi said that the agencies have been manipulated to serve those in power."Public service should remain focused on the interests of Kenyans. Institutions should serve every Kenyan," he said. For many Kenyans, justice feels distant - something for the powerful to twist, not a right to be claimed. And as political interference deepens, the hope that courts can serve as a check on power is slipping away.

"As a result, the public begins to disengage from constitutional agencies-they no longer see them as protectors, but as threats. Institutions like the police are increasingly viewed as enemies of the people rather than guardians of the law. Trust erodes, confidence collapses, and in that vacuum, the rule of the jungle takes over. The very forces meant to uphold law and order are now being weaponiSed against critics, making them part of the problem," lawyer Moturi said.

The political undertones of Kenya's justice system are nothing new, but analysts argue that what is happening now is far more systematic.

"It's like gambling," said George Njoroge, a Nairobi taxi driver. "If you're on the government side, you get the jackpot. If not, jail."

"What's worse," said political analyst Maliba, "is that these outcomes send a message to other corrupt politicians: Stay loyal, and you'll be fine."

In public, President Ruto insists that "no one is above the law." But the reality on the ground paints a different picture. His allies frequently boast of "friendly prosecutors," while opposition figures face frequent harassment by law enforcement.