Charging demo suspects with terrorism unfair

It is true that during recent protests, there were individuals whose primary motivation was to break the law. Most of them were credibly rumoured to have been sponsored by politicians. Others were “privateers” out to dabble in criminality. It is also true that the government must prosecute those who break the law. However, such action must be viewed to be fair and proportionate.

Unfortunately, the government has so far shown a willingness to prosecute the “privateers” but not the sponsored goons. Furthermore, in many cases, the government has abandoned proportionality. Many individuals have had terrorism charges thrown against them. This is a recipe for disaster, and should not be tolerated by the Judiciary. Proportionality and fairness are important parts of the rule of law. Lawfare, which is the only way thinking people should view the actions of the prosecution in many of these cases, ineluctably leads to a loss of legitimacy.

The government must realise that the protests are a moral conversation. Kenyans feel and know that their government has for decades violated the social contract. They have had enough. This is nothing personal against President William Ruto. He is merely the head of the system that Kenyans no longer feel serves their interests. The government should therefore avoid actions that will permanently poison the well and prevent any possibility of constructive dialogue moving forward. How will young people with a conscience sit at a table discussing their future when their counterparts are rotting in prison on trumped-up terrorism charges?

How is that fair, when looters of public funds, whose actions cause the deaths of children in our public hospitals every day, continue to walk free? How is that fair when senior police officers who allegedly issue orders to kill or main civilians continue to enjoy freedom at taxpayers’ expense?

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Fairness still matters. It might be easy for senior officials in the administration to imagine that all Kenyans are morally bankrupt cynics who can always be bought off. After all, that is how most senior government officials live their lives of graft and perpetual desecration of anything and everything with any hint of value above self-interest.

However, they would be advised to appreciate that the situation on the ground is different. We are not perfect. But we are not animals either. We all want to live in a society characterised by mutual obligations and caring for one another. When the family and community of Baby Pendo or Bridgit Njoki mourn, we mourn with them. Their loss at the hands of a heartless elite class is our collective loss. That is who we are as a people, and no amount of cynicism at the highest levels of government can ever take that away from us.

Now is the time for the government to show goodwill to Kenyans as its senior leadership mulls over how to earn the public’s trust. Kenya belongs to all of us. And the only way out of the current impasse is through good-faith conversations founded on mutual respect and fairness.

The writer is a professor at Georgetown University

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