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WHO PROTECTS WHOM? REASSERTING SOVEREIGNTY IN THE FACE OF MISPLACED LOYALTY-A KENYAN CASE STUDY

WHO PROTECTS WHOM? REASSERTING SOVEREIGNTY IN THE FACE OF MISPLACED LOYALTY-A KENYAN CASE STUDY

The recent case of the abduction of Bernard Kavuli, in which the victim said that the perpetrators introduced themselves as the people who were “protecting the government”, reveals a dangerous inversion of constitutional roles. In a democratic society governed by the rule of law, it is not the duty of citizens to protect the government but it is the government’s obligation to protect its citizens. The Constitution of Kenya, like many others, is founded on the principle that all sovereign power belongs to the people, and the government is merely a trustee of that power. When individuals justify unlawful acts in the name of defending the state, they not only act outside the law, but also defy the very foundations of constitutional democracy. This paper argues that such rhetoric represents a dangerous inversion of constitutional roles. Far from protecting the government, it is the duty of citizens to question, challenge, and hold the government accountable, to ensure that power is exercised within legal and moral limits. Reclaiming this understanding is critical to safeguarding democracy, justice, and the rule of law in Kenya and beyond.

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