Kenyan lawyer and political commentator Willis Otieno has warned the government against using force to suppress protests, saying such actions will only increase public resistance and further erode trust in state institutions.
In a strongly worded statement posted on his official X account on Wednesday, July 2, 2025, Otieno condemned the recent arrests and crackdown on demonstrators, saying they expose the state’s growing intolerance to dissent.
“Every pair of handcuffs you slap on a voice of dissent becomes another link in the chain of accountability they are building around you. This generation is not moved by fear; they are animated by principle. They are not begging for reform; they are demanding a reckoning,” Otieno stated.
Otieno stressed that repression in today’s digital age is not only ineffective but also counterproductive.
“What the State fails to grasp is that repression no longer silences; it broadcasts. In an era where every phone is a witness, every platform a courtroom, and every meme a manifesto, intimidation is futile. You can arrest individuals, but you cannot detain a generation’s conscience,” he said.
He warned that criminalising protest would only expose the government’s weaknesses and illegitimacy.
“The more you criminalise protest, the more you expose your illegitimacy,” he added.
Brute force
This latest statement comes just days after Otieno issued another strong rebuke of the government’s handling of recent protests, particularly the increasing militarisation of law enforcement.
In a post shared on Sunday, June 29, 2025, Otieno accused the state of using excessive force and warned that relying on brute strength instead of public trust would eventually lead to collapse.
“The state must never weaponise the police against its citizens. A regime that relies on batons and bullets to command obedience is not governing; it is merely delaying collapse.”
Otieno expressed concern over allegations of extrajudicial killings, heavy-handedness by police during demonstrations, and the deployment of armed officers in civilian spaces.
He reminded the government that Kenya’s Constitution and legal framework provide clear limits on the use of force by security agencies.
“National security shall be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights, and fundamental freedoms,” he said.
He went further to reference the National Police Service Act, 2011 (Revised 2023), specifically Section B(1) of the Sixth Schedule, which limits the use of firearms to cases of self-defence or imminent danger to life. Firearms can also be used to prevent a serious crime or to arrest someone posing such a threat, but only as a last resort.
He urged law enforcement to adhere to the National Police Service (Use of Force) Standing Orders, which require officers to first attempt non-violent means, issue warnings before using force, provide medical assistance to those injured, and report any use of firearms.
Otieno pointed out that Kenya is also bound by international standards, such as the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. These rules clearly state that firearms must be used only in self-defence or the defence of others when there is an imminent threat of death or serious injury.
He warned that when police ignore these safeguards, they risk turning the public against the very institutions meant to protect them.
“When the people withdraw their consent, not even an arsenal of guns can hold a regime together. It is not firepower that sustains a government; it is trust, justice, and the rule of law,” Otieno said.
He called on the government, police leadership, and lawmakers to uphold constitutional principles and avoid turning Kenya into a state ruled by fear.
“A government that rules through violence is not ruling at all. It is simply borrowing time from an inevitable reckoning,” he warned.
