From Democracy to Despotism: The Encroaching Shadow of A Police State in Kenya

 

Photo by Ben Curtis/AP

Kenya, a democratic spotlight in Sub-Saharan Africa, is now facing concerning trends toward authoritarianism. A country previously recognized for its dynamic civil society is now grappling with an increasingly repressive regime that stifles dissent and erodes fundamental freedoms. In recent years, the government's aggressive responses to protests have sparked significant concerns regarding the potential emergence of a police state. This situation raises important questions about civil liberties, public safety, and the balance of power.

The recent surge in police violence during the ‘Reject Finance Bill’ protests in Kenya has ignited a firestorm of outrage and demands for accountability, raising alarming questions about the nation's trajectory. As many citizens confront an escalating threat to their freedoms, one pressing concern emerges: Is Kenya on the verge of becoming a police state, and what would this mean for the future of democracy in the nation?

A police state is characterized by extreme control over civil society and individual liberties. Kenya's political landscape increasingly mirrors that of a police state, where extreme control over civil society and individual liberties has become the norm. Dissent is often met with brutal force from law enforcement, creating an atmosphere of fear where citizens hesitate to express their views. In this chilling environment, the police have transformed from mere enforcers of the law into instruments of political power, reflecting a disturbing trend towards authoritarianism that undermines democratic values and human rights.

To fully comprehend the current state of policing in Kenya, we must consider its colonial legacy. The British colonial administration established a police force primarily to maintain control over the local population, a legacy that has persisted into the post-independence era. Successive governments have repurposed the police as instruments of political power rather than guardians of the law.

The situation has deteriorated significantly in recent years, with the 2017 elections serving as a good example. These elections were marred by violence, resulting in the deaths of numerous protesters and bystanders at the hands of security forces. Reports of extrajudicial killings, torture, and enforced disappearances have fostered a pervasive climate of fear among citizens, compelling many to silence their dissenting voices. This troubling pattern continued during the recent Reject Finance Bill protests, which erupted in response to tax hikes perceived as punitive by many Kenyans.

In these protests, law enforcement employed brutal tactics reminiscent of past electoral violence, using tear gas, water cannons, and even live ammunition to disperse crowds. The resulting injuries and fatalities among protesters highlight a disturbing reliance on violence to quell dissent. Such heavy-handed approaches not only echo a historical precedent but also further erode public trust in law enforcement. The absence of tangible cases filed against police officers for their actions speaks volumes about a nation where law enforcement operates with impunity, free from accountability or punishment for their transgressions. How can a nation hope to build a future rooted in democracy and trust when those sworn to protect its citizens operate without accountability?

The current landscape in Kenya reveals alarming trends that suggest a consolidating police state, where police brutality has become increasingly widespread. Law enforcement is implicated in numerous violent incidents against both activists and ordinary citizens, creating an atmosphere of fear. During the recent protests sparked by rising taxes, many individuals found themselves on the receiving end of police violence - subjected to shootings, beatings, and harassment. These brutal tactics disproportionately affect a number of communities, deepening existing social divisions and fostering a sense of hopelessness among those who simply seek to voice out their concerns.

In recent years, the Kenyan government has enacted a series of restrictive legislations aimed at stifling civil society organizations and curtailing media freedoms, signalling a troubling shift towards authoritarian control. Proposed amendments to the Public Benefits Organizations Act threatens to severely limit NGOs from receiving foreign funding, crippling their operational capabilities and undermining their critical roles in advocating for human rights and social justice. Simultaneously, new media laws empower the executive branch to appoint leadership within regulatory bodies, effectively silencing dissenting voices and constraining press freedom.

Adding to these concerns, the recently proposed Demonstrations Act by MP Godfrey Ruku sought to impose stringent regulations on public protests, granting law enforcement excessive powers to suppress demonstrations deemed disruptive. Although Ruku has since pledged to withdraw the bill following public backlash, its introduction reflects a broader trend of tightening control over civil liberties. Collectively, these legislative efforts illustrate an alarming trajectory where any form of opposition is increasingly suppressed, and fundamental rights are at risk. This leaves the populace wondering how long their voices can endure in an environment marked by fear and repression.

Amidst the oppressive environment in Kenya, signs of resilience are emerging from the populace, showcasing a powerful spirit of defiance. Grassroots movements and youth activism are rising as formidable forces challenging authoritarianism and demanding change. Young people, in particular, are harnessing the power of social media to mobilize citizens and organize protests against police brutality, creating a vibrant network of activism that transcends traditional barriers. Campaigns like #RejectFinanceBill have gained significant traction, reflecting a growing demand for accountability and reform in governance. Activists are drawing inspiration from historical struggles, uniting communities to confront systemic abuses and advocate for their rights. The energy and creativity displayed by these movements signal a shift towards a more participatory democracy, where the voices of ordinary citizens are amplified and heard. As these grassroots efforts gain momentum, they illuminate the path toward a more just society, reminding us that even in the face of adversity, hope and resilience can flourish.

This struggle for justice and accountability is far from over; it represents a defining moment in our country’s history. The resilience displayed by us, the people, will be pivotal in shaping our future. A powerful reminder that true democracy is not merely bestowed but fought for relentlessly one protest at a time. As Kenya stands at this critical crossroads between repression and reform, we must ask ourselves: Will the resilience of the wananchi be sufficient to reclaim our rights and steer the nation away from the looming threat of a police state?

Written by Juma Musima, a third year law student at the University of Nairobi.