Where do you turn for help when the state is involved in illegalities?

In October last year, President William Ruto announced to Kenyans his decision to disband the dreaded killer police squad linked to the previous regime.

He went further and promised an independent investigation into disappearances and extrajudicial killings of dozens of Kenyans in Yala, Tsavo, Eastleigh and elsewhere.

His announcement was welcomed with a certain hesitancy since successive administrations disbanded the assassin squads of their predecessors only to create afresh their own gang.

When President Ruto failed to establish an inquiry into the killings, the writing was on the wall as he heaped blame on then-CID boss George Kinoti and unceremoniously dumped him out of office.

However, there remained the constant threat that he would create his own deadly squad. Whether that has been established or not is a matter of conjecture but what is not in doubt is that the killings have continued unabated and unexplained.

The world is now aware that 27 Kenyans were killed in the protests of the past two weeks, and dozens more occupy hospital beds with gunshot wounds. Such a massacre in many countries would have led to the immediate resignation of the security minister as well as the head of police, if not the whole administration.

In Kenya’s case, the IG Police has gone into hiding, apparently waiting for further instructions from his bosses. Vigils have taken place for the dead and a period of quiet reflection might be in order on where we are heading.

The other disturbing responses by the national government include illegal detentions, arrests of bloggers, disappearances and hundreds charged for peaceful protests. One blogger, Pauline Njoroge, was charged in a coastal court for posting on her Twitter account, “the massacre happening in Nyanza is heartbreaking… why would the government persecute and terrorise its own citizens…is this how low you want to stoop, Mr Ruto?”

The charge was spreading false information and causing panic. Thankfully, the Malindi court had the wisdom to release her on a free bond. But the detentions, threats and raids on offices of opposition and civil society leaders is sending a dangerous message about the threat to civil liberties, in particular the right of assembly and freedom of speech.

Last weekend, Deputy Speaker of the National Assembly and former Chief Registrar of the Judiciary, Gladys Boss Shollei, was recorded saying in a religious setting that mandamanos were not just an offence (hatia) but sinful (dhambi). Where is the country headed when such crazy utterances come from someone entrusted with so much responsibility?

With each passing day, one senses that the threats to the Constitution and citizens are increasing by the hour. For seasoned justice advocates this is all too reminiscent of the dark ages of the Kanu era. For the young, enthusiastic activists who have never experienced such threats it is a powerful reminder to secure their information, offices and their very selves.

There is a growing intolerance to any form of dissent and just about anyone might be a target. Liberty and the Constitution are meaningless when the right to utter one’s thoughts, no matter how ridiculous they might be, are under threat.

One can be forgiven for thinking the state is spreading terror among its own citizens, through this series of illegal actions. When the state spreads terror, where does one seek refuge?

There are nascent signs the government may be interested in dialoguing with opposition leaders. However, the dialogue forum must include other stakeholders beyond the political elites. The cost of living and erosion of civil liberties must be the main agenda on the table, not some nebulous and irrelevant discussion about servers, power sharing or handshakes.

Once again, the country faces challenges that bring pain to its citizens. Leadership, tolerance and honesty are required. State terrorism in its many forms against its own citizens is not only immoral and illegal but reckless and foolish. It will not succeed as Kenyans have tasted freedom and they will fight relentlessly to retain those liberties. The struggle continues.