The past week has been a dark one for the Law Society of Kenya (LSK) following the brutal killing of senior advocate Kyalo Mbobu. This tragic incident has robbed the LSK and the country of a distinguished legal practitioner, arbitrator, adjudicator, and law lecturer who trained many advocates.
As with many deaths of prominent personalities, his killing has evoked many questions, with many seeking to understand the circumstances surrounding his demise. Barely a day after his murder, copies of a High Court judgment in which a client successfully sued him to recover Sh97 million he was holding onto after a land transaction were circulated.
Shortly thereafter, media reports painted a troubling picture of his life, allegedly plagued by debts. These revelations have sparked diverse opinions. While many have condemned the killing, some have expressed resignation about its cause, implying that his financial troubles may have led to his death.
This kind of thinking is not only unfortunate but dangerous as it suggests that extralegal killings can be justified under certain circumstances. Such a mindset legitimises actions that run afoul of the law and opens the door to dangerous terrain.
Kenya subscribes to the rule of law and has a robust Constitution that protects the right to life, except in limited instances such as judicially-sanctioned capital punishment. Yet, extralegal killings persist.
The recent murder of the former MP for Kabondo Kasipul in similar circumstances is a chilling reminder of how criminal elements exploit our cognitive dissonance between legal frameworks and their enforcement. It is not only civilians who are guilty of extralegal killings; the police have played a significant role in undermining our legal order.
Deaths of civilians in the hands of the police have with one of the most damning occurrences being the June 25, 2024 protests, where official records indicate about 61 young people were killed by police officers.
Several young people also died in this year’s June 25 memorial protests. Most of these cases remain unresolved, while a few are stuck in our courts. Delayed justice in these cases—and the active involvement of police or state actors in extralegal killings—radicalises criminal behaviour.
It is therefore unsurprising that cases of femicide are on the rise. Troublingly, there are subtle and overt suggestions that extralegal actions, whether perpetrated by police or civilians, are permissible in certain instances. This type of thinking dehumanises the victims of extralegal actions. Human life is sacrosanct, and nobody—including our worst enemies—deserves to die outside the bounds of natural causes or due process
Individuals who have lost their lives to gangs or police are not mere statistics. They were friends, fathers, mothers, siblings, and colleagues, and their loss is immeasurable. Our cognitive dissonance regarding the rule of law must be addressed urgently.
Discourse surrounding these murders must be anchored in the Constitution and the Penal Code. Police investigations into the death of Mr Mbobu and other extralegal killings must be thorough and transparent.
Criminal justice actors must collaborate effectively to defend the Constitution through the swift delivery of justice. Every unresolved case of extralegal killing erodes public trust in the rule of law and emboldens perpetrators.
The media must exercise greater care in reporting cases of extralegal killings. They should avoid framing narratives that suggest such actions are permissible or justified under certain circumstances.
Entities like the National Gender and Equality Commission and civil society organisations must engage in widespread civic education to disrupt harmful narratives and restore values like human dignity, which are the hallmark of Chapter 10 of the Constitution.
Political leaders, including the President, must remain consistent in defending constitutional standards. When the rule of law breaks down, everyone is at risk of extralegal actions. This moment calls for collective action to reaffirm the principles of justice, human dignity, and constitutionalism.
