Access to justice by all is a fundamental right that must be guaranteed by the State. This is at the core of the country’s policing and justice delivery system. However, it does not always work as efficiently as it should.
Indeed, the families of the 39 people, including a little baby, who were killed by security personnel in Kisumu County during the 2017 post-election violence, must be feeling they have been abandoned by the government. They may even have lost hope in the possibility of the culprits, especially police officers, ever getting arrested and arraigned.
Justice delayed is justice denied. Delays often lead to the degradation of the evidence that could have easily nailed the suspects if speeded up. If it is not forthcoming, it actually amounts to having no remedy at all. The importance of the timely and efficient delivery of justice cannot be gainsaid.
However, this matter is far from over and justice must eventually be done and seen to be done.
Crimes against humanity
The High Court has just directed Inspector-General of Police Douglas Kanja to ensure that a police officer implicated in the killing of ‘Baby Samantha Pendo’ and the others be arrested and charged next month. Judge Lilian Mutende directed that this officer and 10 others be brought to court on November 5, to answer charges of crimes against humanity. They will be charged with murder, rape and torture.
The officers, who had been deployed to enforce law and order, allegedly committed the heinous offences in August 2017, in the Nyalenda slums of Kisumu City following the hotly disputed election results.
Even those who recently used excessive force against the GenZ protesters, resulting in nearly 60 deaths and serious injuries to hundreds of other people, should know that the long arm of the law will eventually also catch up with them.
This should send a strong message to police and other security personnel that such impunity can never be condoned. Those who violate the police code of conduct by using excessive force against peaceful unarmed civilians must know that they can run but cannot hide.
