Why Opposition’s parallel tribunal aimed at tackling State injustice is within legal bounds -expert

Renowned constitutional law expert Bobby Mkangi has backed a new commission formed by the opposition to champion justice in the wake of rising cases of police brutality and abductions.

Mkangi, who played a key role in the formulation of Kenya’s 2010 Constitution, told the Eastleigh Voice that the parallel justice tribunal is within the bounds of the law and, if properly utilised, could effectively fulfil its mandate.

A section of Kenya’s opposition leaders recently launched the People’s Restorative Justice Commission (PRJC) in response to what they describe as a growing crisis of state violence and institutional collapse.

The PRJC is a people-led tribunal created outside formal state structures, born out of mounting concern over escalating abuses and perceived state inaction.

“Like CORD’s People’s Assemblies and the Ufungamano constitutional reform processes, I believe the PRJC is inspired by similar forces – popular initiatives whose moral authority derives directly from the people. It is well anchored under Articles 1, 2 (on popular and direct sovereignty), and 36 (on freedom of association),” said Mkangi.

He added that the motive behind the commission is to provide victims with an avenue to report injustices, while also holding the state accountable for failing in its duties.

“In a way, they’re saying, ‘we will no longer wait for the state to act; we will lead by example,’” he explained.

The PRJC is being promoted as a grassroots mechanism to document abuses, push for accountability, and give a voice to victims outside the formal justice system.

Although it lacks statutory authority, the commission is chaired by former National Assembly Speaker Justin Muturi. Other members include Makueni Senator Dan Maanzo, People’s Liberation Party Secretary-General Asha Bashir, and public policy expert Professor Fred Ogola.

Its formation comes at a time of heightened political tension, with opposition figures accusing President William Ruto’s administration of deploying excessive force against protesters and stifling dissent.

“Do we expect justice from the Ruto regime? A regime that would pick a young man, Albert Ojwang, from Homa Bay, bring him to Nairobi, murder him, and then claim he committed suicide?” asked DAP-K leader Eugene Wamalwa during the launch.

Opposition leaders argued that past commissions, ranging from the Akiwumi Commission to the TJRC, carried presidential seals but had little impact. Their reports were either shelved, ignored, or politicised.

While Kenya has seen several justice agencies over the years, the PRJC is the first to emerge without a statutory mandate or state approval.

Its founders maintain that the commission draws legitimacy from Article 1 of the Constitution of Kenya, which states that all sovereign power belongs to the people. They admit, however, that this source of strength also poses a legal and political risk.

Organisers say the PRJC will gather citizen testimonies, document abuses, and support victims in pursuing private prosecutions.

The goal, they say, is to create a historical and moral record that can serve as a counterweight to what they see as compromised state institutions.

The launch event was moderated by former Nairobi Town Clerk Philip Kisia, a symbolic nod to June 25- a date now widely recognised as a turning point in Kenya’s protest movement, following nationwide demonstrations marked by youth mobilisation and violent crackdowns.

“This approach signals a deeper shift. Opposition forces are no longer contesting their place within Kenya’s institutional framework. They are building alternative structures for justice, public memory, and accountability outside that framework,” noted the commission.

Mkangi further explained that the credibility of the process and its findings could serve as a basis for pressuring the state and international bodies to act, or at the very least, as an indictment in the court of public opinion.

“It all depends on how wananchi receive it. We’ve also seen petitions for private prosecutions; this initiative can provide a foundation for similar efforts against those already flagged, especially where state agencies continue to remain inert,” he said.

The PRJC will rely on private prosecutions and public advocacy tools that require rigorous legal standards and sustained public mobilisation.

It is expected to begin collecting statements in the coming weeks, as its founders seek to transform protest energy into long-term political action, outside official channels.