Kenyans Outraged After DP Kindiki Claims ‘National Interest’ Should Supersede ‘Public Interest’.

Kenyans have expressed strong disapproval of Deputy President Kithure Kindiki’s recent assertion that “national interests” may take precedence over “public interests.” Speaking at the Supreme Court of Kenya’s 12th Jurisprudential Conference in Nairobi, Kindiki, who has been in office for less than a week, shared thoughts he claims to have wrestled with during his tenure as Interior Cabinet Secretary.

During his speech, Kindiki challenged the judiciary to find mechanisms to balance public interest against what he termed “higher” national interests. Referencing Chapter 238 of the 2010 Constitution, which addresses national security, he noted that a focus on public interest could sometimes come at the expense of national welfare.

“I’ve had to ask myself whether the highest interest is the public interest or if there is a higher interest called the national interest, because the public itself could hurt the national interests,” Kindiki stated. He further questioned whether, beyond the principles of court that define public interest, there are “other higher values and principles which are crucial to the existence of Kenya,” emphasizing that public actions could threaten the state’s stability.

Kindiki’s comments sparked widespread backlash, with many Kenyans accusing him of attempting to safeguard the interests of the Executive while undermining the sovereign will of the people. Critics argued that his perspective reflects a repressive mindset that prioritizes government interests over the public’s.

Former Nairobi Town Clerk Philip Kisia responded sharply, stating, “Prof. Kindiki, let’s set aside the semantics. The only interests that truly matter are those impacting the people; the real, everyday individuals. Any other interests are simply irrelevant. It’s that straightforward. Understood?”

Economist Reuben Wambui echoed similar sentiments, questioning, “Which is this nation that exists outside the public?” Social commentator Nahashon Kimemia also weighed in, asserting, “DP Kithure Kindiki says that the public interest can threaten the national/state interest. Consequently, the DP is now asking the judiciary to develop a new jurisprudence where state interest would outweigh public interest. Hii ni bhangi gani watu huvuta wakipata power?”

Comedian and activist Eric Omondi joined the conversation, criticizing the Deputy President’s remarks and asserting that the public interest is paramount. He wrote, “The public interest is the highest interest because the public is the PEOPLE and the PEOPLE are the SOVEREIGN. There is no nation without the people! The national interest simply means government interest! THE PEOPLE ARE SOVEREIGN! Msikize tu Watu.”

Gladys Waithaka added, “You must understand, the state doesn’t work for the public interest; it only works for its own interest. In a democracy, this is not a problem because state interest aligns with public interest. Now, Kindiki is telling us something very important. We are not in a democracy anymore!”

Kindiki’s sentiments come just days after his predecessor, ousted Deputy President Rigathi Gachagua, faced a significant defeat in the High Court, which cleared the path for Kindiki’s swearing-in. This decision followed a dramatic court battle where Gachagua sought every legal avenue to contest his impeachment.

As Kenyans passionately debate the implications of Kindiki’s comments, it raises critical questions about the balance of power and the role of the judiciary in safeguarding public interests. The ongoing discourse could significantly impact the future of Kenya’s democracy and governance.

Article By Suzy Nyongesa.