The constitution of Kenya has no sacred cows.
By Peter Mwibanda.
NAIROBI, Kenya (AP) — Kenya is a constitutional democracy governed by the rule of law — not the whims of those in power or the orders of rogue commanders.
As a nation, we must speak with one voice: Any police officer who shoots and kills unarmed citizens — including Gen Z youth peacefully protesting for their rights — will be held accountable, regardless of age, rank or retirement status.
This week, disturbing reports surfaced that some officers may have been given illegal orders to use deadly force on peaceful demonstrators.
Such directives are a blatant violation of Kenya’s laws and international human rights treaties to which the country is a signatory.
Kenya’s 2010 Constitution is clear. Article 26 guarantees the right to life.
Article 37 protects the right to peacefully assemble and demonstrate.
Article 238(2)(b) requires national security to be pursued lawfully and with respect for human rights.
Police officers are not exempt from these principles.
Illegal Orders Are Not a Defense.
Officers must remember that “just following orders” is not a defense for committing atrocities. This was established at the Nuremberg Trials and remains a cornerstone of international justice.
If given an unlawful order — such as to shoot peaceful protesters — an officer has a duty to disobey.
The National Police Service Act requires that force be lawful, necessary and proportionate.
Standing orders prohibit use of live bullets for crowd control unless there is an imminent threat to life.
Even then, strict procedures and warnings are required.
Accountability Will Come.
To every officer who fires on innocent youth: you may feel shielded by your rank or uniform. But accountability is inevitable.
Whether you are 45 or 85, justice will find you.
War criminals and human rights violators from Rwanda, Serbia, and Chile have been arrested decades after their crimes. Kenya will not be an exception.
No badge, rank or pension will protect a criminal in uniform.
Gen Z Is a Movement, Not a Threat.
Let it be known: Gen Z is not a mob. It is a revolution of ideas.
These young people are demanding transparency, dignity and justice. They are armed with phones, not guns; with voices, not violence.
Responding to their peaceful defiance with bullets is not only unlawful — it is cowardly.
If police leadership cannot exercise restraint, the people will pursue justice through legal channels — through IPOA, the courts, international bodies, and ultimately, the ballot.
The Constitution is supreme. Police officers swore an oath to protect and serve — not to suppress and kill.
No officer is safe behind a chain of command. The blood of innocent youth will not be forgotten.
To all in uniform: you will be held accountable — if not today, then tomorrow.
Kenya is watching. The world is watching.
Ends.
