Sir, I belatedly congratulate you on your appointment as the second Inspector General of police in Kenya since the 2010 constitution was promulgated. In the interim, I wish to highlight a number of cases regarding the breakdown of law and order which I am confident with your vigilance and that of your officers, can dramatically change our country for the better. The scenario relates to driving on our roads, destruction of school properties, injuries and loss of life due to the tyranny of indiscipline which is negatively impacting on the reputation of our country. Fortunately you have the constitutional and legal mandate to adequately address these challenges.
Overlapping is
very common, especially in Nairobi. This creates unnecessary gridlocks and
enormous loss of scarce resources, time and money. A classic example is Ngong
Road, Dagoreti corner at the Junction Mall. Between 4.00 pm through to 9.00 pm,
‘matatus’ have the audacity of not only overlapping but they even drive
straight on the opposite direction towards oncoming cars without blinking an
eye lid. Ironically the police are sometimes present but watch helplessly. This
should never happen in a society that respects law and order. Why does the
police fail to take firm and decisive action against this kind of conduct which
assaults the innocent and the law abiding? It is only the Police, The
Ambulances and the Fire Brigades that have the right to disrupt and fraught
traffic rules while dealing with emergencies only, a practice accepted the
world over. The other very dangerous habit is overlapping from the left by
matatus, a practice which is very common especially on Nairobi Nakuru highway
and possibly on other roads. This makes safe driving by other motorists
unpredictable and risky and hence exposing everybody to harm’s way. Our conduct
on the roads is even more surprising to those who are visiting the country for
the first time! Do we really expect to grow our tourism industry with this kind
of unruly behavior and reputation?
We have
witnessed over the years reported incidences of students/pupils burning
administration blocks, classrooms or dormitories with fellow students dying
while sleeping. These culpable students if any are neither punished nor made to
pay economic value for the destruction of properties and loss of lives. What
follows after our indifference? We reinforce bad behavior, and in the long run
as grownups, they have no hesitation in becoming disrespectful to law and
order. Have we become a Nation that spares the rod and spoils the child, to the
extent students, soccer fans and other groups as was clearly demonstrated by
the so called “men in black” who in February 2014 at Safaricom Kasarani stadium,
during the abortive ODM elections destroyed chairs and tables in the glare of
the police officers and cameras and nobody has ever been held to account! These
Kenyans have come to belief, fallaciously though, that impunity pays!
The students at
high schools are the products from whom we get those joining universities. What
follows reflects enhanced and reinforced bad conduct which is bred at primary
and high schools. So much injury to people and destruction of property has been
inflicted in the past on innocent people, who, quite often, are caught unawares
through unwarranted causes/actions. In a civilized society peaceful
demonstration or even picketing are lawful and in fact our constitution allows
people to express their displeasure against what they feel is wrong. However
this must be done without interfering with the rights and freedom of others.
But what we witness of students protests is simply criminal. It is time Kenyans
became resolute, that we shall not tolerate nor countenance this aggressive proliferation
of transgressions and lawlessness, whatever the grievances. If we don’t, the
consequences are certain and will have effect on future generations.
Sir, if you take
firm measures to overcome the above according to the laws of the land and you
or any of your officers are taken to court, I pledge and undertake to offer pro
bono legal service in defense of your action. In the meantime, I consider it
every citizen’s patriotic duty, to respect, adhere and owe fidelity to the
constitution and the laws of the land. Further, our Kenyanness is not defined by
ethnicity racial or other isms, but the commonality we share under the rule of
law of the land and as has been clearly demonstrated by Singapore, that those
nations, where law abiding is the norm, progress and prosper faster than
vice-versa. Therefore the choice is clear for Kenya!
Sir, you will
make history if our roads, schools, universities and generally everywhere else
discipline reigns supreme while impunity is frowned upon. This will win you
Kenyans’ trust and confidence as you discharge your onerous responsibilities.
Yours
respectfully
Karanja
Kabage
Advocate
of the High Court of Kenya
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