Chile’s Augusto Pinochet.
By Peter Mwibanda.
NAIROBI, Kenya .
The principle that “there is no limitation of action in criminal law” remains a cornerstone of both domestic and international justice systems.
For police commanders who have abused state power to commit or condone human rights violations, time does not erase accountability.
No Statute of Limitations for Serious Crimes.
Under Kenyan law, including the Penal Code and Criminal Procedure Code, serious crimes like murder, torture, enforced disappearance, and grievous bodily harm have no statute of limitations.
A retired officer who participated in or ordered such acts can still face prosecution decades later. Age is no shield—justice can come knocking at 80, just as it can at 40.
International frameworks back this up. The Rome Statute of the International Criminal Court, which Kenya ratified, affirms that crimes against humanity and war crimes are timeless.
UN guidelines on accountability stress that justice delayed in cases of systemic abuse is not justice denied.
Why This Matters in Kenya.
Kenya has a long, painful history of police brutality and state-sponsored violence.
From the 2007–08 post-election crisis to recent crackdowns on Gen Z protestors, security forces have often operated with impunity.
Mysterious disappearances, deaths in custody, and unlawful use of force have left countless victims without recourse.
Some senior officers believe political cover or retirement protects them. But power is fleeting. Justice, though slow, can still arrive.
Global Lessons, Local Warnings
There is global precedent for late justice.
Chile’s Augusto Pinochet was arrested at 82 for crimes committed decades earlier. Nazi collaborators were prosecuted into their 90s.
Apartheid generals in South Africa were summoned before truth commissions and, in some cases, courts.
Kenya is not immune. While our institutions may be weak today, stronger governments, people’s tribunals, or future truth commissions could revisit these cases.
What seems buried can always be exhumed.
The Duty to Document and Demand.
Citizens and institutions must keep records—of victims, perpetrators, locations, and dates. Every file, photo, and testimony is a future tool for accountability.
Impunity is not permanent. Shifts in political will or legal interpretation can trigger a wave of justice.
Even if today’s victims are denied closure, the next generation may find it.
Civil society, the Kenya National Commission on Human Rights, and the Independent Policing Oversight Authority must stay vigilant. Their work today lays the foundation for justice tomorrow.
Final Word to Police Commanders.
To those hiding behind rank and retirement: history doesn’t forget, and neither does the law. You may rest easy now, but the knock on your door could still come—at 60, 70, or 85.
Justice is not a sprint. It’s a marathon. And one day, Kenya will finish the race.
