Let me address nomenclature. I don’t like the term “goon” or “goonism.” Somehow, the term implies that the problem is the goons themselves, who are often the youth. It also sexualizes violence and makes goons sound simply like “bad boys” behaving badly. This apparent sexualisation of murderous conduct gives it a measure of normalcy and acceptability. This is how a society can become a Haiti, an Afghanistan, or a Somalia.

It therefore behoves sober Kenyans and the state to slap society back into civilisation before we start crawling back into a prehistoric cave. We fought for the 2010 constitution not to descend into a Hobbesian state, but to establish a society of equity and justice. There are no goons; only criminals.

Allow me to peel your eyes. First, the use of political violence, unless it’s used in the colonial context, is an admission that one has failed to civilly persuade the side opposite of the superiority of their ideas and wherefore one is seeking political power. It’s the use of violence to vitiate political opponents and deny them the basic rights of speech, assembly, and association.

Only inferior political formations or politicians resort to such violence to close off or dominate political space. It’s a retardation of our democratic culture. The worrying problem in Kenya is that this is now a near norm carried out by all major political parties. It is, to wit, a Kenyan culture, an epidemic.

Successful prosecutions

Secondly, those who participate in goonism seem to do so with impunity. They are untouchable. Sometimes I see arrests. But I don’t see successful prosecutions and convictions. Somehow, the culprits – on all sides of the political spectrum – get away with it. Which begs the question – do we fully appreciate what this brazen political violence is doing to our society and Kenya’s standing in the world?

Tourism is one of our strongest selling points. Kenya’s serenity has been one of our top draws for foreign investors. Why would we allow our country to become a poster child for political barbarism? Why shoot ourselves in the foot just at the moment we are seen as a beacon of hope for Africa? We must get a grip.

Thirdly, we need to understand the problem of goonism as one of law enforcement. Kenya is a rule of law democratic state with institutions that must contain violence and criminal activity. The police must prevent crime and arrest those who commit it. Our prosecuting authorities must do their job. And the judiciary must convict where there’s proof beyond the shadow of a doubt. No one should be above the law, or “too big” to touch, whether civilian, in opposition, or government. I was horrified by the recent assault on a prominent political figure in broad daylight. I hope they catch the culprits, prosecute and convict them, jail them, and throw the key away. This includes the goons and especially those who hired them.

Youth problem

Fourthly, goons are not the problem. The real issue is their paymasters and mobilisers. This is not a Gen Z or youth problem. I have heard the funders of goons are well known. If so, arrest them. Politicians behind them are the main problem. Political parties must invoke their constitutions and the laws of Kenya to offload such politicians.

Key leaders of parties must denounce them. There must be zero tolerance within political parties for such political actors. Expel them from parties. Deny them party tickets in elections. Their social standing, political connections, and wealth must not shield them from accountability.

Lastly, the writ of the state must extend to all corners of Kenya to every person under and within the jurisdiction of the state. No one should act with impunity. It must be understood by everyone that only the state has the monopoly on the instruments of violence.

Anyone who exercises violence outside the state or without its explicit authorisation within the law is a criminal and must be treated as such. This includes officials within the state. No one is exempt from this rule. I fear that the cascading violence will engulf us as we go to elections if we don’t arrest the situation now. We must act now, and do so resolutely.

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Makau Mutua is SUNY Distinguished Professor and Margaret W. Wong Professor at Buffalo Law School, The State University of New York. @makaumutua.