This archive report was first published on 22 August 2020.
Arbitrary Arrests Undermine Public Trust in State Officers ¶
As Kenya marks a decade since the adoption of its Constitution, the recent wave of arbitrary arrests of journalists, anti-corruption whistle-blowers, and senators has raised concerns about the misuse of power and the undermining of public trust in State officers.
On August 7, 2020, Prof Nyukuri 'Kundu' Barasa furnished the Bungoma County Assembly with documents alleging corruption at the county government. He argued that the documents substantiated a case to impeach Governor Wycliffe Wangamati. However, the next day, he was arrested by Directorate of Criminal Investigations (DCI) officers and driven 406 kilometers from Bungoma to Nairobi's Kilimani Police Station.
The DCI officers appeared more interested in prosecuting him for being in possession of government documents than in investigating the alleged economic crimes. This incident was not an isolated case, as several others followed in the subsequent days.
On August 17, 2020, the homes of senators Steve Lelegwe (Samburu), Christopher Langat (Bomet), and Cleophas Malala (Kakamega) were subjected to cat-and-mouse chases and night raids. The arrests came the night prior to a crucial Senate vote on the allocation of revenue. Senators on both sides of the issue and the public immediately condemned the arrests, alleging that the police were being used to intimidate elected representatives from discharging their core duties.
The Senate suspended debate until the three were set free. On August 18, 2020, Jack Okinyi and Milton Were were arrested for publishing a story alleging that the county mismanagement of public funding had stalled a road project in Banisa, Garissa County. Several Nairobi police stations declined to take them on the grounds that the charges were unclear.
After a night at Muthaiga Police Station, DCI officers finally took them to Kibera Law Courts in Nairobi. On August 20, 2020, 11 DCI officers arrived at the family home of Charles Gichuki, searching his laptops and phones for two-and-a-half hours before arresting him and detaining him overnight.
Before releasing him the following morning, they brought down the anti-corruption website he had worked on and threatened to charge him with incitement. All seven men have now been released without charges.
However, the experience of the journalists and others has raised concerns about the misuse of power and the undermining of public trust in State officers. The involvement of the DCI in these cases is worrying, and the incident has sparked a debate about the role of law enforcement agencies in democratic societies.
As Amnesty International Executive Director, I pray that this is not a sign of a hijacked State, where exposing a crime is treated as committing it.
