Watchdog bodies quiet as sharp tongued leaders break law at will

Director of Public Prosecutions Renson Ingonga. Independent institutions like NCIC and ODPP have failed to call out leaders for making reckless remarks. [File, Standard] See no evil, speak no evil. This looks like the standard operating procedure for a majority of elected leaders, government officials and independent institutions that have remained mum or ineffective as constitutional rights of Kenyans are violated. Institutions such as the National Cohesion and Integration Commission (NCIC), the Office of Directorate of Public Prosecutions (ODPP), National Police Service (NPS), the Judiciary, and the Independent Policing and Oversight Authority (Ipoa) have been singled out as some of the organisations operating in a conspiracy of silence. A section of politicians, especially the Kenya Kwanza apologists, have been making reckless statements that risk inciting Kenyans. Remarks by Sirisia MP John Waluke and National Minority Leader Junet Mohammed have especially been termed dangerous. Junet, in a gathering at President William Ruto's Kilgoris home, claimed that Mt Kenya region has been playing politics of exclusivity and entitlement. "There are some people who have been plotting against us to remain outside the government for reasons that I don't know but where we are there is no turning back and we shall not get out. What has surprised me is the politics of exclusivity, we must end the politics of entitlement." "While we were in the handshake government many wrongs were committed; close to 50 bodies were retrieved in River Yala, close to 600 people died in Shakahola but we never heard people talk about dark days. It seems when I become President that is the only time stories of dark days emerge. We shall bring to an end the politics of entitlement. We must allow other Kenyans to lead." In a separate event, Waluke said: "There are no abductions in this country. This is only a claim by a certain community that doesn't want Ruto to be the President. They also want to malign him. You know the community that thinks they are the only ones who are supposed to rule this country." On Tuesday, NCIC Commissioner Wambui Nyutu contended that the remarks by the two MPs are hateful and inciting and that they qualify to be charged under section 77(1) and 3 of the Penal Code. But she was quick to blame the government, saying the politicians cannot be arrested because they are "politically correct". "The remarks by the two politicians are likely to incite other communities against the Kikuyu tribe, which they claim is 'entitled to the Presidency' and that the same tribe is conducting abductions'," she said. According to the commissioner, independent institutions "are no longer independent since there is interference from the executive". "Police fail to arrest these perpetrators of hate speech especially the political class supporting the government of the day. ODPP fails to charge perpetrators after they get the complaints and this is even as some institutions lack prosecutorial powers. There is also intimidation of the institutions by the political class like the proposal of disbandment and sacking of the policy makers especially when the commission discharges its mandate," Nyutu said yesterday. She, however, said NCIC was actively monitoring political discourse, including speeches, social media posts and media broadcasts to identify and investigate potential instances of hate speech. Tiaty MP William Kamket remarks that sought to chide those attacking Ruto's administration and his verbal threat to extend the President's term to 24 years have also elicited reactions. "People should stop the pride. You are a President rightfully elected, sit on that seat well. The second term you will be elected and you will bounce back like electricity... If they joke, you know I come from the county of 24 years. Baringo County we know about 24 years, we know to manufacture a president to survive for 24 years. If they joke, if they joke we can tell you to extend past the two terms," the MP claimed in an event attended by the President. Kamket's statement came against the backdrop of the rejection of a Bill sponsored by Nandi Senator Samson Cherargei that sought to increase the term of the president, senators, MPs, MCAs, and governors from the five years to seven. Kapseret MP Oscar Sudi's remarks that if he was appointed Interior CS, he would deal with government critics in three days has also raised eyebrows. "In Kenya, the Executive branch has increasingly wielded disproportionate power, sidelining institutional accountability mechanisms," says, Njahira Gitahi, a lawyer. Prof Gitile Naituli notes that the public watchdogs were silent as leaders mutilated the Constitution they swore to protect. "These commissions are as good as the people who manage them. Their failure to discharge their duties means they are unwilling or unable to execute their mandate. But the problem is with the appointing authority. Instead of appointing experts they just pinpoint their loyalists who are either incompetent or unpatriotic to perform their duties," he says.

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