Justice for the few: Is the system failing ordinary Kenyans?

When Brian Odhiambo, a fisherman, disappeared in January this year after visiting Lake Nakuru National Park, his family hoped the government would act fast.

Interior Cabinet Secretary Kipchumba Murkomen promised intervention and held the Kenya Wildlife Service responsible.

But months later, silence.

No word from the police, the Directorate of Criminal Investigations (DCI), or the Office of the Director of Public Prosecutions (ODPP). No answers. No justice.

Brian is one of many ordinary Kenyans whose cries for justice seem to echo into nothing.

“Justice shall be done to all, irrespective of status,” states Article 159(2)(a) of Kenya’s 2010 Constitution.

Yet on the ground, that promise often feels like an illusion.

Justice in Kenya can feel like a rigged game, harsh and swift when the powerless are in the spotlight, but soft and slow when the accused hold influence. Lives are lost, families are left in pain, and nothing moves. It’s like the system looks the other way unless it suits those in charge.

Take the now-famous ‘shoe game’ in Migori, where a man was pulled from a crowd within hours for allegedly disrespecting the President. When it comes to protecting power, things move fast.

But when university student Rita Waeni was brutally murdered in January 2024, despite CCTV footage showing her last moments with the suspect, no one has been held accountable to date.

Two Nigerian men were initially linked to the case, but were later quietly released. Yet again, silence.

When a social media user, Titus Wekesa Sifuna, was accused of impersonating the President and insulting his family, the system sprang into action. He was arrested, charged, granted Sh100,000 cash bail, and the prosecution insisted his posts threatened national peace. The case moved quickly.

Now contrast that with the case of Baby Pendo, the infant killed during a police crackdown in 2017. Over five years later, no convictions. Just recently, four officers tied to the case were released for “lack of evidence.”

Mai Mahiu tragedy, corruption, and murder cases

Then there's the Mai Mahiu floods. Dozens died, families were displaced, and survivors were promised compensation and government support. A year later, victims are still waiting, living in tents, picking up pieces of their lives with no help in sight.

Urgency, it seems, is reserved for the powerful. Even in tragedy, the response isn't the same.

When Kasipul MP Rita Waeni was murdered weeks ago, police investigations moved quickly. His killers were tracked down, right down to the motorbike they used to flee the scene. The system sort of worked because the victim wore a political title.

Yet when people like Brian, Rita, or Baby Pendo die, justice drags, if it moves at all.

Then there’s the case of Kimilili MP Didmus Barasa. Police say he shot and killed a rival’s bodyguard during the 2022 elections. Still, the court ruled there wasn’t enough evidence. Barasa walked free.

Even satirical cartoonist Kibet Bull wasn’t spared. He was abducted, reportedly for drawing a cartoon akin to a silhouette, mocking the President.

Corruption cases, too, have quietly died off. Since Ruto came into office, several big names have had their charges dropped. Rigathi Gachagua, Aisha Jumwa, and Mithika Linturi all walked away from courtrooms without facing trial, with the former DPP citing “insufficient evidence.”

Meanwhile, prisoners like Ezekiel Chelimo, 77, who served 14 years for defilement, were among 57 pardoned by the President.

These are not isolated cases. For every Rita, Pendo, or Brian, there are many others whose names never make the news.

Legal experts and human rights advocates have questioned the uneven pace and outcome of justice, especially in cases involving ordinary citizens.

For many families, the search for answers continues.