City anarchy showed how quickly chaos can fuel instability in Kenya

Tuesday’s street anarchy in Nairobi had me scrambling for dusty copies of the Commission on Inquiry, Ransley and Kriegler reports on 2007/2008 Post Election Violence.

Within 72 hours, key figures accused of coordinating the mayhem had criticised the violence, some instigators had apologised, and several national and international voices had condemned the six hours of carnage. What happened to rapidly de-escalate the situation?

Calls for Gen Z to protest Albert Ojwang’s brutal killing in one of Kenya’s oldest police stations tipped over a thousand protesters onto the streets of Nairobi, Mombasa, Kwale and Kilifi. Signs of organised disruption in Nairobi were evident from June 15 Turbo rally political speeches to social media posts by Nairobi County Assembly members who vowed to “teach protesters a lesson” after June 12 protest.

No-one, however, was prepared for the sight of over 100 motorcycles each carrying two hooded passengers speeding across the city’s capital. From noon to dusk, Nairobi deteriorated into a battle scene that spared neither the peaceful protester, violent agitator, police officer, emergency medic, journalist or curious by-stander. By nightfall, Mombasa, Kwale and Kilifi were quiet. The four protesters arrested in Mombasa had been released.

Nairobi took another course. Boniface Kariuki and five others had to be hospitalised for gunshot wounds. Another 20 victims were nursing serious injuries. Windows were shattered, railings destroyed, businesses looted, and individuals robbed. Kariuki’s life and prayers of his traumatised parents and a nation now hangs by a drip in Kenyatta National Hospital.

Ironically, Boniface was neither a protester nor a “goon”, but a bystander shot by a police officer while selling masks to those seeking to protect themselves from suffocating tear gas. 

These traumatic scenes in the capital played out internationally on multiple mass media stations and social media platforms for six hours. Behind the scenes, brave medics rallied to provide emergency healthcare. Protest monitors and journalists documented use of force and citizens ensured those seeking treatment got it. As pundits and netizens argue whether the police state had just become a “goonerment” or not, it is clear that some had just pronounced a vote of no confidence in the National Police Service and handed responsibility to paid militia. Under our Constitution and international human rights laws, the use of force against public dissent is a responsibility entrusted only to the police. This power is also limited by law.

It can only be exercised in moments of necessity to protect human life. It cannot be used excessively, for example by killing, when arresting suspects, is possible. On Tuesday, the police failed to stop agitators supplied uniformly with wooden batons, tyre whips, knives and other crude weapons from attacking anti-government protesters. Furthermore, protest observation shows several police escorted, supported and even guided their operations. Some paid agitators, seemingly happy with themselves paraded below the Nairobi Governor’s window pledging their allegiance on their way home from the day’s work.

The backlash was immediate. Human rights agencies, government and opposition politicians, religious leaders, netizens, and diplomatic embassies condemned the conduct of both violent agitators and the police. A day later, the Nairobi Governor and Police Regional Commander issued statements condemning the actions and reaffirming the right to peaceful protest on June 25th, the first anniversary of the deaths of protesters outside Parliament.

The NPS has also guaranteed adequate security on Wednesday. Given the charged atmosphere in the country, this may represent a significant step toward protecting the right to peaceful protest. Swiftly investigating and arresting Tuesday’s agitators, and violent police officers would be another crucial step. Politicians must stop interfering with policing operations. 

Tuesday’s events demonstrated how a small investment (probably under a million shillings) in thuggery could cripple Nairobi, disrupt 6 million residents and businesses that generate 60 per cent of our GDP. Personally, I can do without the throwback to 2007 post-election violence and this intentional anarchy. Ultimately, it benefits no one.