In Kenya, it is very common for Kenyans to get abuse from many of the state agencies particularly the police and chiefs among others. These agencies being representatives of the state do all their atrocities to innocent Kenyans on behalf of the government of Kenya.
But have you ever stopped and thought of the fact that the state actually is bound to obey the constitution with regards to the way it treats you as the citizen of your country? Why is it that the police can administer corporal punishment on an innocent Kenyan while such an act will attract wide condemnation in most developed countries like Australia, the United Kingdom, among others? Well it is because citizens of those countries have taken an effort to read and understand their respective countries’ constitution. You can do so in Kenya. Keep reading as I will show you below why it is important to read and understand Kenya’s constitution for the benefit of yourself and our family.
Important Article of The Constitution For Individuals
There are sections of the Kenyan Constitution that have guidelines on how the Kenyan government (through its agents like police, chiefs, CIDs) should interact with you or treat you. Just because you have been accused of something does not mean you forfeit or cease to be a human being. The state is still bound to treat you well and presume you to be innocent until proven beyond reasonable doubt in a court of law. Below, I highlight the most important sections of the constitution you should familiarize in order to protect yourself, your family and your property against rogue government agents, particularly the police.
Chapter IV: The Bill of Rights
This is by far the most important section of the constitution as it protects all individual Kenyan citizens against maltreatment from the state, its agents or both. The Bill of Rights affords citizens certain rights and freedoms that must be respected not only by the government’s dealings with the people, but also among the citizens themselves. This is more so regarding section 35 of the Bill of Rights that stipulates that certain rights and freedoms cannot be limited regardless of your circumstance. Such rights includes:
- Freedom from torture and cruel, inhuman or degrading treatment or punishment
- Freedom from slavery or servitude
- The right to a fair trial, and
- The right to an order of habeas corpus (the right to be presented to a court of law to answer any charges leveled against you).
Chapter IV is of particular importance as there was a viral video of a chief in Elgeyo Marakwet who in the recent past poured busaa on a disabled women as a form of punishment. According to this chapter, the chief’s act was a form of degrading and inhuman punishment that violated the victim’s constitution rights. As such, the woman could sue the state for violating her rights, for emotional anguish and for demeaning her self-worth and hence get substantial compensation payments for the violations. Such a lawsuit will put various rogue government officials on notice nationwide.
It is very likely that the chief and his accompanying police officers entered and searched the woman’s premises without a court warranty. This is very common in Kenya as the police normally descend on a particular village and enter and search houses for illicit drugs or liquor. Because very few Kenyans have ever challenged this practice, it is safe to assume that a majority of Kenyans do not know that such a practice is actually in violation of section 31 of Chapter IV of the constitution regarding privacy of the citizens. It states and I quote:
Every Person has the right to privacy which includes the right not to have-
(a) their person, homes or property searched;
(b) their possessions seized;
(c) information relating to their family or private affairs unnecessarily required or revealed; or,
(d) the privacy of their communications infringed.
CHAPTER 4: ARTICLE 31 OF THE CONSTITUTION OF KENYA.
The disabled woman needs a willing lawyer to assist her file a lawsuit in court against the chief as the latter falls under the government administration branch. Following such a suit, the woman’s lawyer will argue that their client was treated in a demeaning manner and was also subjected to inhuman punishment as a citizen of Kenya. Since her constitutional rights were infringed upon by the state machinery, she is eligible for monetary compensation of which, the woman’s defense team will determine the amount they believe is proportionate to the infraction.
Police Brutality In Kenya: Beatings and Murder
There has been images of police beating and harassing Kenyans on the streets of Nairobi and other towns including at least 15 murders so far. The main excuse has been that they are trying to enforce the curfew or lock-down order issued by the president of Kenya, Mr. Uhuru Kenyatta. But such beatings and murder deprive Kenyans their constitutional rights especially the Section 26 of Chapter IV of the constitution of Kenya that gives all citizens a right to life. This section expressly states that:
(1) Every person has the right to life
(2) The life of a person begins at conception
(3) A person shall not be deprived of life intentionally, except to the extent authorized by this constitution or other written law
Chapter IV, Article 26 of the Kenyan Constitution.
Apparently, the police are ignorant of the citizen’s rights as stipulated by the Constitution of Kenya. It should also be understood that the citizens themselves do not understand their rights because should they mount a court challenge against these rogue police officers, the law enforcement’s bosses will take notice and issue stern warning against their juniors and will make a concerted effort to train them about their duty to uphold the constitution.
