Running head: EN ROUTE TO DESPOTISM 1

En Route to Despotism
Student’s Name
Institutional Affiliation
EN ROUTE TO DESPOTISM 2

En Route to Despotism
For the last one week, Kenya has glared the international headlines for wrong
reasons. It started with the media shutdown in the wake of a swearing-in ceremony that
was amply slammed for its nonconformity to the supreme law of the land. After the
infamous ceremony, the government initiated a wide scale manhunt for the organizers
and the perpetrators of the alleged “unconstitutional” swearing-in ceremony. Among the
political leaders arrested was Joshua Miguna Miguna. His handling by the authorities
has elicited a sharp criticism across the world, and more so, among the Kenyans. The
ultimate question that has been lingering in the minds of many is whether Kenya is a
country governed by law.
It is apparent that the question of whether Kenya is a lawless country needs a
legal expert to answer. However, any other liberal-minded person can ascertain that
despotism is the likely fate of Kenya should the current regime continue to flout the
basic rule of law. The treatment of the self-proclaimed “NRM General,” a renowned
liberal thinker and an outspoken lawyer, is a sufficient proof to label Kenya is a nation
heading towards lawlessness. Firstly, Miguna’s arrest was characterized by anarchic
invasion of his home where detonation of explosives to gain access to his house was
used.Such an action is equivalent to a militarized operation. The Kenyan constitution
upholds the right to personal property and condemns “malicious destruction” by a third
party (Kenya Law Reform Commission, n.d.). Secondly, the outspoken lawyer was held
for five days in an incommunicado custody without trial. The constitution gives a suspect
the right to a fair trial which should commence within 24hours after the time of arrest.
For Miguna, that did not happen. Thirdly, a dramatic showdown between the judiciary
and the executive arms of government ensued following the arrest of the “general.” The
constitutional provides a clear-cut separation of powers between the two arms
(Masinde, 2017). Therefore, the accusation of the executive not following orders issued
by the high court to release or produce Miguna in the court was a manifest of an ailing
legal system in Kenya. Lastly, the forceful deportation to Canada of Joshua Miguna
Miguna, a Kenyan born lawyer, partially educated in the country and a former
gubernatorial candidate, is an unerring sign of a “joking” administration. If he was not a
Kenyan, how was he cleared to vie for the governor position? If he was born in Kenya,
how is he not a Kenyan? Well, such questions have been lingering in the minds of many
people all around the world.
In summary, the unfolding events after the arrest and deportation of Miguna
Miguna stimulate mixed reactions that question whether the law any longer governs
Kenya. Apparently, the discussed events reinforce the skepticism, and indeed, an
objective-minded person can unmistakably see that the country is heading towards
despotism. National cohesion efforts need to be implemented to bring citizens together
while fostering a common identity, Kenyans.
EN ROUTE TO DESPOTISM 3

References
Kenya Law Reform Commission. (n.d.). Constitution of Kenya. Retrieved from
http://www.klrc.go.ke/index.php/constitution-of-kenya/112-chapter-four-the-bill-of-
rights/part-2-rights-and-fundamental-freedoms/206-40-protection-of-right-to-
property
Masinde, M. W. (2017). Separation of power in Kenya: Analysis of the relations between
the judiciary and the executive. International Journal of Human Rights and
Constitutional Studies, 5(1), 32. doi:10.1504/ijhrcs.2017.10003662