'You're wrong!' Reactions after DP Kindiki Kithure suggests 'national interest' supercedes 'public interest'

While speaking at the official opening of the Supreme Court of Kenya's 12th Jurisprudential Conference in Nairobi , Kindiki, who is less than a week into office, made public the thoughts which he said he had battled with over the last two years he had served as the Interior cabinet secretary.

The new DP challenged the judiciary to find mechanisms to balance between public interest and the national interest - which he termed as 'higher'.

While referencing Chapter 238 of the 2010 constitution which addresses national security, Kindiki noted that at times, the Judiciary's focus on addressing public interest could come at the expense of national welfare. 

He said: "I've had to ask myself whether the highest interest is the public interest or there is a higher interest called the national interest because the public itself could hurt the national interests."

He added: "Other than the parameters and the principles of the court help us to understand the public interest, are there other higher values and principles which are crucial to the existence of Kenya? Because the public can do the wrong things which threaten the existence of the state. That is the dead front of jurisprudence I want us to think about."

Kindiki's comments threw off the majority of Kenyans with many blasting him for appearing to be willing to safeguard the will of the Executive while trashing the sovereign will of the people.

Many who pontificated on the matter castigated the new DP for the comments which they found repressive and an attempt to subvert the people's will and protect the government at all costs.

Commenting on the matter, former Nairobi Town Clerk Philip Kisia said, "Prof. Kindiki, let's set aside the semantics. The only interests that truly matter are those impacting the people; the real, everyday individuals. Any other interests are simply irrelevant. It’s that straightforward. Understood?"

Economist Reuben Wambui also reacted, saying, "Prof. Kindiki saying that public interest could hurt national interest. Which is this nation that exists outside the public?"

Popular X personality and social commentator Nahashon Kimemia, too, chimed in, saying, "DP Kithure Kindiki says that the public interest can threaten the national/state interest. Consequently, the DP is now asking the judiciary to develop a new jurisprudence where the state interest would outweigh the public interest. Hii ni bhangi gani watu huvuta wakipata power?"

Comedian and activist Eric Omondi also joined the conversation, faulting the DP for the comments while firmly stating that Kindiki's interpretation of 'national interests' merely meant the protection of government interests.

He wrote: "The public interest is the highest interest because the public  is the PEOPLE and the PEOPLE are the SOVEREIGN that is why the Country is referred to as the RE-PUBLIC. There is no Nation without the people! The national interest simply means government interest! THE PEOPLE ARE SOVEREIGN! Msikize tu Watu."

On her part, Gladys Waithaka said, "You must understand, the state doesn't work for the public interest, it only works for it's own interest. In a democracy, this is not a problem because state interest aligns with public interest. Now, Kindiki is telling us something very important. We are not in a democracy any more!"

Kindiki's sentiments came just days after his predecessor, ousted DP Rigathi Gachagua, was dealt the ultimate blow by the High Court, which cleared the path for the Interior CS's swearing-in.

The decision followed a dramatic court battle where Gachagua, through a battery of lawyers, sought to exploit every legal channel available in an attempt to contest his impeachment.