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Who will save us from the wrath of untouchable leaders?

Wednesday August 11 2021
Kimilili MP Didmus Barasa.

Kimilili MP Didmus Barasa. He was arrested and later released on bail for allegedly assaulting a musician. PHOTO | FILE | NMG

By TEE NGUGI

A few days ago, a Kenyan MP, Didmus Barasa, was arrested — later released on bail — for allegedly assaulting a musician. This was just the latest assault on a citizen by a politician.

In 2020, MP Babu Owino was arrested on allegations of shooting a DJ in a club. To date, the MP is a conspicuous presence at major political events. In the Matungu by-election, former cabinet secretary Rashid Echesa was arrested for allegedly assaulting an election official. As a matter of fact, many of the politicians implicated in the chaos during that by-election were out on bail for previous acts of criminality.

In 2013, Bahati MP Kimani Ngunjiri was arrested on claims of assaulting a police officer. In 2020, MP Samuel Arama was accused of beating up a woman. In Nairobi, a businessman was assaulted by goons with suspected links to a city politician.

Last year, a male MP was arrested for allegedly assaulting MP Fatima Gedi within parliament precincts.

Governors have been charged with attempted assassination, others with murder. Every other month, politicians, some of who are permanent fixtures on TV talk shows, are arrested over accusations of assaulting women.

There are also numerous cases of violence against citizens by members of county assemblies.

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What makes politicians in Kenya believe they can assault people, harass them, or incite them to violence on their behalf without any fear of consequences? What is it that gives politicians, who are free on bail, the audacity to commit other crimes without fear of cancellation of their bail? The answer to these questions is an indictment of several segments of the Kenyan society. First, the police, for fear of jeopardising their careers, are reluctant to act speedily and decisively against politicians.

Further, politicians are known to use their great wealth to compromise investigations. But even when the police act decisively and take the offending politicians to court, some judicial officers accord them easy bail terms, even for murder and rape charges. This preferential treatment is due to a misplaced high regard for politicians or a result of money changing hands.

Politicians also do not suffer social or political censure for criminal behaviour. Politicians facing serious charges are received like heroes at social functions and in churches. Political parties, too, do not enforce their codes of conduct. So, unlike countries like Japan, where criminals suffer social and political ostracism, in Kenya their criminality seems to increase their social and political capital.

To tame politicians, police officers, judicial officers, clergy, professional bodies, political parties and the public must adopt and enforce a code of conduct informed by the principles and values in the constitution within their organisations and social gatherings. This would mean that the state prosecutes without fear or favour; the judiciary upholds the principle of equality before the law and refuses to be compromised by bribery; churches apply the core teachings of their dogma; professional bodies apply the values in their own constitutions; and the public begins to value personal integrity, not money.

Tee Ngugi is a Nairobi-based political commentator

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