State's new jungle law: Why gangsters are on the loose

The country is slowly sliding into anarchy as the rule of law is relegated to the background, with former Cabinet Secretary Raphael Tuju and former Principal Secretary Irungu Nyakera becoming the latest high-profile victims of goon attacks.

From being sponsored to disrupt political rallies, the goons are now on standby for settling business disputes, as witnessed at the properties of Tuju and Nyakera on Wednesday, begging the question: Who is the force behind these hoodlums?

The re-emergence of goons is causing jitters among citizens who, in the recent past, have repeatedly pointed fingers at law enforcement and the government in general for condoning the trend, which is a powder keg waiting to explode.

Scenes of armed goons patrolling streets or interrupting political rallies have become a familiar pattern that has left Kenyans worried and wondering about the deliberate inertia by relevant authorities to take action against those sponsoring, supporting and partaking in acts of lawlessness.

Despite the damage caused by the goons in their trail of violence, police have not gone full throttle against them, and neither has the government’s top command, led by President William Ruto, come out to condemn the vice.

The raid by goons at the Karen property of Tuju is the latest in a series of similar incidents witnessed in the recent past, with no action being taken against the perpetrators.

It came hours after drama unfolded earlier at Fairways Hotel, belonging to Nyakera in Kisumu town and located at the Lake Basin Development Authority (LBDA) building.

The two incidents, happening on the same day, have left Kenyans wondering whether they were well-coordinated moves with the backing and blessings of influential forces.

Observers and leaders warn that should the trend persist, Kenya will soon find itself in the same situation as Haiti, where criminal gangs have taken over.

“The rise of gangster culture tolerated by authority will haunt Kenya. A hundred gangsters were used to try and evict a businessman from premises in Kisumu. Similar gangsters were used to hound Hon Tuju yesterday. Soon, like Haiti, we might need other nations to assist us deal with gangsters,” said Suba North MP Millie Odhiambo.

Drawing parallels to what is happening in Haiti, commentator Edgar Wabwire and lawyer Nelson Havi warned the situation might worsen as the country prepares for elections.

“We are going to witness more goonism under this regime than we have ever seen before, and the saddest part is that they appear to have police backing. In the morning, it was Irungu Nyakera’s hotel in Kisumu; this evening, it is Raphael Tuju’s property. And we are not even in 2027 yet,” noted Wabwire.

The tribulations faced by Tuju and Nyakera in the hands of criminals allegedly facilitated and protected by the police, according to lawyer Havi, confirm how corruption has permeated the justice system.

“If known corrupt judges do not stop collecting bribes to auction justice, they will compel their victims to take the law into their hands. How do you ruin People’s lives like this?” posted Havi on his X account.

On Wednesday night, goons stormed Dari Business Park, which currently hosts Tamarind Restaurant, and tried to throw out Tuju – the owner of the property.

Nyakera and LBDA are involved in a rent dispute. The 5am raid on Wednesday by goons stunned residents. Nyakera was forced to fire in the air to scare the attackers, who fled after damaging part of the hotel.

Henry Ochieng, Chief Executive Officer of the Kenya Alliance of Resident Associations (KARA), is concerned that such incidents are a sign that some individuals do not respect the rule of law.

“The moment we stop operating from the law, we start staring at anarchy. Right now, it might appear a light issue, but Kenya can easily go the Haiti way if we don’t nip them in the bud, or else by next year we will have goons everywhere,” said Ochieng.

He wants authorities to deal ruthlessly with the goons and their financiers, insisting that every Kenyan must adhere to the rule of law as enshrined in the Constitution.

Internal Security Principal Secretary Raymond Omollo, who was recently in the spotlight over threats posed by goons, maintained yesterday that the government does not and will not tolerate a culture of violence within the political space.

While warning that stern action will be taken against perpetrators going forward, the PS reiterated that every individual must be given the opportunity to express themselves freely, without intimidation, threats, or scaremongering.

“Last week, my Cabinet Secretary (Kipchumba Murkomen) appeared before Parliament and was called upon to provide an update on the matter we had earlier referenced. As was made clear during that engagement, there have been instances where different political actors mobilise groups, and when those situations degenerate into disorder, counter-accusations quickly follow,” said Dr Omollo.

Murkomen told MPs there is an alarming increase in the number of attacks on groups and individuals, with 579 people killed in mob justice attacks out of 845 reported cases of mob justice in the country since January 2025.

Omollo assured that the government will not condone any form of hooliganism and that where such cases arise, they must be followed up through the appropriate legal and investigative processes.

A few days ago, a section of leaders from Nyanza linked the PS to the resurgence of goons in Nyanza and Western regions, where they have been disrupting political rallies and terrorising locals.

Tuju has been embroiled in a protracted legal dispute with the East African Development Bank (EADB) over a Sh1.9 billion debt. On Tuesday, the High Court cleared the way for the bank to auction three properties in Karen to recover the loan advanced to Dari Limited a decade ago.

According to the former minister, the more than 100 strangers who arrived on motorbikes informed him they wanted him out since the property had a new owner.

“If they had valid eviction orders, they did not need to come with goons. Fortunately, after the commotion they created, my people informed officers at Karen Police Station who came to restore order,” said Tuju.

On his part, Nyakera claimed a senior government official with a personal interest in the property had ordered his eviction from the government-owned building. According to Nyakera, he has invested Sh235 million in the premises since 2019 and holds a 50-year lease.

But the Authority says that following the 2019 lease agreement, Fairways defaulted on its rent payments and on June 3, 2025, the hotel entered into a voluntary consent agreement admitting indebtedness of Sh27.4 million.

"If he indeed wants to take over the property, let him come and we do a valuation and I sell it to him. Sending goons here, chanting 'hatutaki mkikuyu', will not drive me away. I am an investor, but I am not stupid," said Nyakera.

In Tuju’s case, there is no section of law allowing an eviction or auction activity to be carried out at night. Before any eviction is carried out, a written notice must be served stating the reasons for the eviction, and this must be done by police officers armed with a court order.

The same applies to auctioning, with licensed practitioners required to adhere to specific procedures for seizing and selling property. The auctioneer must issue a 45-day redemption notice, advertise the intended sale in local newspapers, and ensure an independent valuation before undertaking the exercise in broad daylight.