Political Opportunism and Pandemic Mismanagement in Kenya

More than a year after the first COVID-19 case was confirmed in Kenya, the country had still not declared a state of emergency. The pandemic, and Kenya’s response to it, exposed a blatant disregard for the rule of law and human rights and a derogation of constitutional principles. This chapter examines the authorities’ response, arguing that when the executive opted not to declare emergency powers it acted outside of the constitutional framework and undermined the rule of law. The effect of this conduct was the heightened erosion of human rights, especially of marginalised communities, and the deepening of inequality. The chapter concludes by offering a set of recommendations that may strengthen Kenya’s constitutional democracy and its response to future emergencies.