As tensions continue to rise in Kenya, questions have emerged about the possibility of Deputy President William Ruto arresting former President Uhuru Kenyatta and opposition leader Raila Odinga. Lawmakers allied to the Kenya Kwanza party recently called on the Inspector General of Police, Japhet Koome, to go after the two leaders for allegedly financing the protests that caused damages during the recent demonstrations.
However, governance expert Ben Mulwa and constitutional lawyer Duncan Okatch have explained that the constitution allows the police to arrest the former President and opposition leader if found to have broken the law. While Uhuru had immunity over such arrests while still in power, it does not extend to retired presidents.
Ruto, on the other hand, has no authority to arrest or sanction such arrests. The National Police Service and other mandated agencies can make the arrest because the former president is no longer protected by immunity.
Experts warn that the consequences of such actions would lead to chaos in the country. Mulwa stated that it would be ridiculous to prosecute the former president on such grounds and that it would only divert Kenyans from addressing the important issues in the country, such as the high cost of living.