Tag Archives: Democracy

The First Law of Politico-Dynamics: Power Is Never Lost, Only Transformed

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What’s something you believe everyone should know.

One of the greatest truths in both physics and politics is this: power never disappears—it merely changes form. Just as energy can neither be created nor destroyed, political power, too, is a conserved force that shifts, mutates, and re-emerges. Tanzania’s recent history is a masterclass in this invisible law. Under the late President John Magufuli, the country witnessed a deliberate compression of democratic energy. Opposition rallies were banned, media voices silenced, and civil liberties choked under an increasingly authoritarian grip. The 2020 general elections—tainted by accusations of fraud and intimidation—did not destroy dissent; they simply converted it into dormant potential energy, locked within the state’s total control. What appeared as political dominance was, in essence, the gathering of immense pressure beneath the surface of the republic.

When Magufuli passed away in 2021 and Vice President Samia Suluhu Hassan took over, that compressed energy found a new expression. For a moment, Tanzania seemed to exhale. Political dialogue resumed, exiled opposition leaders like Tundu Lissu returned, and the media regained a measure of freedom. Yet this was not the dismantling of power but its phase shift—a transformation from brute coercion to soft diplomacy. The ruling party, CCM, maintained its institutional grip, only trading kinetic repression for the subtler currency of legitimacy and international goodwill. Tanzania’s newfound openness was real, but it was carefully managed; the core quantum of control remained untouched. The machinery of power, having changed its form, retained its full magnitude, calibrated now for persuasion instead of fear.

By 2023, the cycle completed itself. The language of reform gave way once more to the mechanics of control. Opposition figures were again entangled in legal webs, critics silenced through procedural precision, and the state’s energy of dominance reappeared cloaked in legality. The lesson is universal: no political power is ever destroyed—it only transforms. What matters is not whether power exists, but how it is expressed, shared, and held accountable. Citizens must therefore act as the catalysts of transformation, ensuring that this energy—inevitable, immense, and perpetual—remains a force for justice rather than repression. The equation, always, must balance.

Kenya’s Escalating Security and Civic Rights Crisis

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Kenya is staring down a security crisis that can no longer be blamed on bandits or activists alone. From the shocking murder of Catholic priest Fr. Alois Bett in Kerio Valley to the arrest of digital activist Rose Njeri, recent events expose a breakdown of trust, law, and legitimacy in the very institutions meant to protect the public. In Kerio, teachers, doctors, and missionaries have fled as armed groups tighten their grip — filling the vacuum left by a state that shows up too late, with too little. More than 70 schools have been shut down, a major hospital has closed, and even church leaders now speak of “a valley of death.” What’s worse: when the state does intervene, its methods are often coercive rather than restorative — issuing ultimatums to entire communities under threat of “all necessary force.” This is not security. It’s collective punishment masquerading as policy, and it only deepens fear and fuels defiance. The government’s inability to distinguish bandits from residents or treat citizens as partners in peace risks entrenching a cycle of violence. This is not a crisis of capacity. It’s a crisis of credibility.

A Report by Citizen TV Kenya

The response to civic dissent has been equally chilling. The arrest and weekend detention of Rose Njeri — a software developer who created a digital tool for citizens to email objections to the Finance Bill — was a stark reminder that Kenya’s democratic space is narrowing fast. Her crime? Enabling public participation. This is not just an affront to digital freedoms — it’s a direct violation of Article 33 (freedom of expression) and Article 35 (access to information) of Kenya’s Constitution. Even more damning is the pattern. Detaining citizens over weekends to avoid court oversight has become an authoritarian reflex. This violates the legal standard upheld in Coalition for Reform and Democracy (CORD) & 2 others v Republic of Kenya & another [2015] eKLR, where the court held that prolonged detentions without charge constitute unconstitutional abuse of state power. Yet the tactic continues — often against youth activists, journalists, and tech-savvy organizers. These are not enemies of the state. They are its conscience. If the state treats code like a crime and civic tech as terrorism, it signals a descent into digital authoritarianism — one that no PR campaign or presidential handshake can disguise.

What Kenya needs now is more than investigations and operations. It needs political courage — and jurisprudential discipline. The government must fully implement existing rulings and international obligations. The IPOA’s mandate must be respected, and police accountability pursued with vigor, not rhetoric. Parliament must hold the executive to account when it violates rights under the guise of national security. The courts have laid the foundation. In Independent Policing Oversight Authority v Attorney General & 4 others [2020] eKLR, the High Court affirmed IPOA’s role as the sole lawful investigator of police misconduct. The Executive must respect that boundary. Meanwhile, civil society must continue challenging digital repression and pushing for laws that protect activists, not silence them. Kenya’s youth are not the threat — they are the firewall against authoritarian drift. From Kerio to Kibera, from code to constitution, Kenya’s real security will only be built when the state values trust more than force, and justice more than optics.

References:

Kenya News Agency County Commissioner Leads Madaraka Day with Tough Message on Illegal Brews

The Star Key suspect in murder of Catholic priest Allois Bett arrested

BBC Outrage in Kenya over detention of software developer

The Star Gachagua calls for immediate release of activist Rose Njeri

The Eastleigh Voice Kenya’s security at risk as regional instability grows, warns NIS boss

BBC Pressure mounts to probe Kenya police and army after BBC exposé

Kenya News Agency State declare a nationwide crackdown on organized criminal gangs

High Court Strikes Down Government Media Directive

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In a significant blow to the government’s media policy, the High Court has resoundingly declared as unconstitutional a directive that sought to channel all public sector advertising exclusively through the state-owned Kenya Broadcasting Corporation (KBC). This landmark ruling, delivered by Justice Lawrence Mugambi, effectively nullifies the order issued by the ICT Principal Secretary, Edward Kisiang’ani, in March 2024, which mandated that all government ministries, agencies, and parastatals place their advertising solely with the national broadcaster. The court’s decisive action underscores the judiciary’s commitment to upholding the tenets of the Kenyan Constitution, particularly those safeguarding media freedom, equality, and the principles of good governance, thereby setting a crucial precedent for the relationship between the state and the media landscape.  

A Report by KTN News Kenya

The High Court’s judgment hinged on the finding that the directive contravened several fundamental articles of the Constitution. Justice Mugambi meticulously detailed how the policy violated Article 10, which enshrines good governance and integrity, Article 27, which guarantees equality and freedom from discrimination, and Article 34, which protects the freedom of the media. The court reasoned that limiting government advertising to a single entity constituted an indirect form of control over the media, potentially stifling dissenting voices and undermining the independence of the press. Furthermore, the judge pointed out a critical procedural flaw, asserting that the ICT Principal Secretary had overstepped his legal authority, as the power to make such a significant policy decision regarding public procurement of advertising services rests solely with the Treasury Cabinet Secretary. This lack of legal mandate rendered the directive void from its inception, highlighting the importance of adherence to established legal frameworks in government operations.

The implications of this ruling extend far beyond a mere legal victory; it serves as a powerful reaffirmation of the critical role of a diverse and independent media in a democratic society. Had the directive been allowed to stand, it would have created an uneven playing field, unfairly disadvantaging private media houses that rely heavily on government advertising revenue for their sustainability. Critics had argued that such a policy would not only threaten the financial viability of independent media outlets, potentially leading to job losses and closures, but also limit the public’s access to a plurality of voices and perspectives. The court’s decision safeguards against the potential for government influence through financial leverage, ensuring that the media can continue to operate as a watchdog, holding power to account and providing the public with the information necessary for informed participation in national discourse.

References:

Citizen Digital High Court declares gov’t advertising monopoly unconstitutional

Nation ‘Non-existent powers’: Court quashes PS Kisiang’ani order restricting State advertising to KBC

Kenyans.co.ke High Court Rules That Kisiang’ani Directive Moving Govt Advertising to KBC is Unconstitutional

The Eastleigh Voice High Court declares ICT PS Kisiang’ani has no powers to decide who gets govt advertising

The Standard State cancels adverts to Standard Media as court set to rule on ad monopoly case



Kenya’s decision for Syrian regime change is not informed

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Kenya’s Ambassador & Permanent Representative at Kenya Mission to United Nations, Macharia Kamau, “cautioned that the UN’s call for Mr. Assad to leave office must not be interpreted as an invitation to Western intervention in Syria, as did occur in Libya in response to a UN resolution adopted last year.”

It is ridiculous to not think that the West’s main agenda is to interfere with the internal affairs of and about Syria! Even so, how much success has the west achieved by intervening in chaotic situations in other states, with the promise of bringing about peace and prosperity? Negligible if any, contrary to the so many cases, where much more violence and destruction, became the order of the day, upon the exit of foreign forces. Look back at Somali, Afghanistan, and in that case, Libya. There’s clearly something aloof. Saudi Arabia’s  U.N. Ambassador, Abdallah Y. Al- Mouallimi, was quoted saying, ” today, the U.N. General Assembly sent a clear message to the people of Syria: the world is with you.” A skeptic person may ask: “Is he really representative of Syria’s people and the situation there?” I would rather Bashar Ja’afari, Syria’s U.N. Ambassador’s comments, which actually state more or less contrary, to Ambassador Abdallah’s. (“The resolution will send a message to extremists that “violence and deliberate sabotage” are acceptable and will lead “to more chaos and more crises.”)

In respect to international law, and in the context of sovereignty of states, it is wrong to impose conditions on a state’s people. “In article 2(7) of the UN Charter, it is stated that the charter gives no competence to the UN or to the UN Members to intervene in matters that are substantially under the neutral jurisdiction of a State.” Syria is not a fallen state, unfortunately, the vote defiles the very spirit of these words. Recall that “in the classic view, international law and democracy are simply not related. International law is to remain neutral vis-à-vis any political model.”

References:

East Africa: Kenya Votes At UN for Syrian Regime Change allAfrica.com 18th February, 2012

Stance on Syria proves China as firm supporter of U.N. Charter: expert xinhuanet.com 17th February 2012

China opposes armed intervention or forcing “regime change” in Syria xinhuanet.com 17th February 2012

Egypt recalls its ambassador to Syria xinhuanet.com 19th February 2012

Syria responds “positively” to Al protocol, proposes minor amendments xinhuanet.com 18th February 2012

UN General Assembly condemns Syria The State 16th February 2012