A Failure of the Rule of Law: Delayed Justice in Kenya Hurts Both Families and Institutional Integrity
Two years after major civic unrest, stalled investigations into protest casualties threaten public trust in the state's security apparatus and judicial authority.

Two years have elapsed since the Gen Z protests challenged the civic order and security of Kenya. While the preservation of national security and public order remains a paramount duty of the state, so too does the enforcement of the rule of law. Today, the families of those who died or went missing during the unrest are still waiting for definitive legal resolutions. The current stalling of investigations into these events is a troubling development that undermines the integrity of our public institutions.
From a conservative perspective, a stable society relies on a clear, predictable, and fair justice system. Historically, when states fail to resolve allegations of administrative or law enforcement misconduct, the social contract is severely weakened. Previous periods of unrest in Kenya, such as the post-election crises, demonstrated that unresolved legal grievances create long-term instability. Ensuring that investigations are completed efficiently is vital to maintaining public confidence in the state's legitimate monopoly on force.
The Independent Policing Oversight Authority (IPOA) was established to ensure that law enforcement officers adhere to high standards of professionalism and accountability. However, the current delay in prosecuting cases related to the Gen Z protests suggests administrative inefficiencies within our civilian oversight and prosecutorial bodies. A professional police force must be governed by discipline, and when individual officers act outside their mandate, swift legal proceedings are necessary to protect the reputation of the entire service.
The Kenya National Commission on Human Rights (KNCHR) has documented numerous cases requiring resolution, yet prosecutorial progress remains elusive. Legal scholars note that without clear, objective investigations, the truth remains obscured. This legal limbo prevents the nation from achieving genuine reconciliation. For a conservative order, justice is not merely a progressive slogan, but a structural necessity; without it, the public's respect for the police and the judiciary inevitably degrades.
Under Article 244 of the Constitution of Kenya, the National Police Service is mandated to prevent corruption, foster transparency, and comply with constitutional standards of human rights. The current procedural delays suggest a failure to uphold these constitutional obligations. When state agencies fail to cooperate fully with oversight bodies, they weaken the very legal frameworks they are sworn to protect and defend.
Furthermore, the preservation of the family unit is a cornerstone of a healthy nation. The families of the victims—many of whom have lost sons, daughters, or fathers—have been left without the closure required to rebuild their lives. The economic and psychological toll on these households is substantial, and the state's inability to resolve these cases prevents these families from finalizing legal and probate matters, further extending their hardship.
Economic stability is also tied directly to institutional trust. Foreign investors and domestic businesses alike require an environment where the rule of law is strictly enforced and public institutions operate with transparency. When major investigations into public unrest stall for years, it signals to the world that our accountability mechanisms are inefficient, potentially harming our economic standing and national development.
Ultimately, resolving these stalled investigations is a matter of constitutional duty and national honor. The government must provide the necessary support to oversight agencies, eliminate bureaucratic bottlenecks, and ensure that those who violated the law are prosecuted. Only by enforcing accountability can we restore complete confidence in our security forces, uphold the rule of law, and preserve the moral authority of the state.
* Sources: * Independent Policing Oversight Authority (IPOA), Republic of Kenya * Kenya National Commission on Human Rights (KNCHR) * Constitution of Kenya, 2010 * United Nations Office of the High Commissioner for Human Rights (OHCHR)


