The Atheists in Kenya Society strongly condemns the arrest of Member of Parliament Kaguchia and expresses deep concern over what appears to be a growing pattern of selective application of the law in Kenya.
The rule of law demands that justice be administered impartially. Every Kenyan, regardless of political affiliation or status, should be treated equally before the law. When similar conduct appears to attract different legal consequences depending on who is involved, public confidence in state institutions is inevitably weakened.
Over the years, several politicians have made highly inflammatory public statements that attracted widespread criticism. Some statements have been interpreted by members of the public as encouraging or condoning violence, yet those leaders were never arrested or prosecuted. One example frequently cited is remarks made by MP Nelson Koech that were widely criticized as appearing to advocate the killing of protesters. Whether those remarks amounted to a criminal offence is a matter for the relevant legal authorities, but the apparent lack of comparable enforcement raises legitimate questions about consistency.
Against that background, the arrest of MP Kaguchia creates the perception that the criminal justice system is being applied unevenly. Such perceptions are damaging in a constitutional democracy because justice must not only be done—it must also be seen to be done.
We are not arguing that Members of Parliament should be immune from investigation or prosecution. On the contrary, any public official who breaks the law should be held accountable through an independent, transparent, and fair legal process. Our concern is that the same legal standards should apply to everyone, irrespective of political loyalty or whether they support or oppose the government.
The selective enforcement of criminal laws undermines the credibility of the National Police Service, the Office of the Director of Public Prosecutions, and other institutions entrusted with administering justice. It also fuels public suspicion that law enforcement is being influenced by political considerations rather than objective legal standards.
Kenya’s democracy depends on strong institutions, not selective prosecutions. The Constitution guarantees equality before the law, freedom of expression, and protection from arbitrary state action. Those principles lose their meaning if enforcement depends on political convenience.
The Atheists in Kenya Society therefore calls upon the National Police Service and the Office of the Director of Public Prosecutions to apply the law consistently and impartially. If a statement by one politician warrants investigation or prosecution, the same standard should be applied to all politicians who make comparable statements.
Justice cannot have two standards—one for government critics and another for government allies. Equal justice under the law is not merely a constitutional ideal; it is the foundation of a free and democratic society.
The Atheists in Kenya Society will continue to speak out against any actions that threaten constitutionalism, equality before the law, and the independence of Kenya’s democratic institutions.