NAIROBI, Kenya — Senior Counsel Ahmednasir Abdullahi has accused Kenyan law enforcement agencies of selective and discriminatory application of the law, citing contrasting police responses to two separate incidents involving alleged firearm use and violence.
Ahmednasir questioned why Nairobi MCA Robert Alai has not been arrested or charged following an alleged gun-related altercation at a Nairobi restaurant, while two Turkish nationals involved in a separate road rage incident in Kilifi were swiftly arrested and charged, including on terrorism financing allegations.
According to Ahmednasir, Alai was allegedly involved in a fracas at Cedars Restaurant along Lenana Road two weeks ago, during which he is said to have drawn a firearm and threatened Nairobi Governor Babu Owino.
He claimed that Alai was disarmed by a police officer at the scene, yet no public action has followed.
“We haven’t heard a word on any new development on the matter,” Ahmednasir said, alleging that police were instructed not to act against Alai because of his perceived political utility to the government.
Contrast with Kilifi arrests
The Senior Counsel contrasted the Nairobi incident with events in Kilifi County, where two Turkish businessmen were arrested following a road rage confrontation involving Wajir Governor Ahmed Abdullahi Jiir.
The two foreign nationals were detained and presented before the court, with the prosecution seeking extended detention to investigate allegations, including terrorism financing, a move Ahmednasir described as “convenient” and discriminatory.
“The Turkish businessmen were arrested on the spot and charged with terrorism finances,” he said, questioning why similar urgency was not applied in the Nairobi case.
Police have confirmed that the Turkish nationals remain in custody pending investigations, with authorities indicating that deportation is possible should criminal culpability be established.
Questions to police and prosecutors
Ahmednasir directly challenged the Inspector General of Police and the Director of Public Prosecutions (DPP) to explain what he termed a “policy divergence” in the handling of the two cases.
“Why was Robert Alai not arrested and charged like the Turkish nationals?” he asked, warning that unequal enforcement of the law undermines public confidence in the criminal justice system.
He further argued that selective prosecution shields politically connected individuals while exposing others to the full force of the law, regardless of comparable factual circumstances.
Under Article 27 of the Constitution of Kenya (2010), all persons are equal before the law and are entitled to equal protection and benefit of the law.
The National Police Service Act and the Office of the Director of Public Prosecutions Act further require impartiality, independence, and accountability in law enforcement and prosecutorial decision-making.
Photo/Courtesy
Ahmednasir linked the alleged inconsistency to broader governance failures, referencing past remarks by former President Uhuru Kenyatta that Kenya loses billions of shillings daily through corruption and state capture.
“Who can touch the mighty and powerful in Kenya?” he asked, arguing that impunity remains entrenched where political influence intersects with law enforcement.
