Kenya's 'The Purge': What if everyone was to defy courts?

YVONNE: On this first show of the New Year, compelling events force our otherwise final word, to be our first. On a night the country's very rule of law is under such an unmistakable threat, then all words, be they Takes, Kickers or Senses, can neither wait nor be separated.

LINUS: And our disclaimer upfront; ours is a street level observation, a regular bloke's view, and Yes, we could also call it a common sense perspective. In the aggregate of each, the absence of the rule of law in any environment, let alone a country, is an unimaginable disaster.

SAM: And disaster we have been courting for the last few weeks as a nation. And bear us out for a few minutes as we submit this in chronological order. Subsequent to a combative New Year message, President William Ruto embarked on a series of public attacks on the Judiciary, accusing the institution of corruption and sabotage.

YVONNE: For days, President Ruto sustained the attacks on the Judiciary, but curiously, he never specified the target or offered evidence of his claims. What happened next? The President's lieutenants picked the proverbial ball and run with it.

“We have had some set back relating to Judiciary, but myself and a few senior counsels, leave it to us, we are your foot soldiers. From Monday, I shall begin to work on it, it will never happen again, we will deal with the ignorance of the Judiciary. I have never failed you and I will never fail you, take heart that your policies will pass,” National Assembly Deputy Speaker Gladys Boss recently said.

LINUS: Now, Gladys Boss is not just an elected leader, she is the Deputy Speaker of the National Assembly, the House that makes laws in Kenya. She also happens to be a former Registrar of the Judiciary. And now introducing herself as the President’s foot-soldier herself, Gladys Boss is promising to deal with, 'the ignorance of the Judiciary.”

SAM: Seemingly taking a cue, other elected leaders followed suit, with the Parliamentary leadership in the National Assembly and the Senate scrambling to find something they could offer too. And something they found, when they decided to defy court orders that had halted public participation hearings on the contentious housing levy laws.

YVONNE: Our collective alarm is further escalated by an incident we can only describe as an early 'trickle-down' illustration. On Wednesday, we reported a story in which Kapseret Member of Parliament Oscar Sudi participated in the eviction exercise in favour of a woman who confessed seeking help from President Ruto, whom she said was her classmate. There is only one concern; the victims of the eviction produced documents to prove claim to the disputed land

LINUS: There are two concerns out of the Eldoret incident; first, only the victims of the eviction could produce documents including court orders in laying claim to the disputed land; but secondly, an elected leader in the area dismissed their claim as inconsequential.

SAM: Now, one question begs - what if this becomes the trend in say, resolving land disputes? Last year, a publicly listed company got orders to demolish houses and structures elected on their land. They did so with apparent urgency. Many home owners were caught on camera distraught, crying out to the government to come to their rescue. But the government, through the Lands Cabinet Secretary, pronounced that the matter had been settled in court. What if the evicted Kenyans chose defiance of the court order?

YVONNE: In Nairobi’s Embakasi area, hundreds of families have a home to go back to at the strength of a court order. I am talking about the Kirima land. There had been a court order allowing the late politician’s family to evict the occupants of that land. In fact, a deadline had been set for December 31, 2023. Until the courts gave temporary relief by granting orders stopping the eviction until the end of this month. What if the Kirima family were to defy the court order, or should they for a period of 12 hours?

LINUS: Now, we have heard about possible talks between the President and the Chief Justice. If and when those talks happen, we recommend the talks open with the screening of an American film called ‘The Purge.’ In the film, a community suspends all laws for a 12 hours, thereby making all crimes legal. During this 12 hour purge, anything goes, and I mean anything. An eye for an eye and persons can settle scores amongst themselves. There are no police to enforce the law. There are no courts to arbitrate over any disputes. No law nor order. The aim of the whole purge is to survive the night. So, if and when the talks convene, the President and the Chief Justice could as well tell Kenyans how long their night should be.

That is our joint first word!