By Billy Mijungu
Across the country, courtrooms have increasingly become the stage where the consequences of abused state power are settled. When government officers make unlawful decisions, whether through illegal evictions, arbitrary enforcement actions, or abuse of authority, the courts often step in to correct the injustice. But there is a troubling reality. When compensation is awarded, it is rarely the individual responsible who pays. Instead, the burden falls squarely on taxpayers.
This cycle must come to an end.
Kenya urgently needs a Personal Liability Bill that places responsibility where it truly belongs, on the public officers who misuse the authority entrusted to them. The principle is simple. If a public official knowingly or recklessly uses state power or resources to commit unlawful acts that cause harm, that officer should bear personal legal and financial responsibility for the consequences.
Currently, the system allows officials to act with a level of insulation from personal accountability. When courts award damages for violations of rights or unlawful administrative actions, the State through public funds settles the bill. In many cases these judgments are delivered years after the responsible officers have left office or retired, leaving the public to absorb the financial cost of misconduct they had no role in.
Such a framework unintentionally encourages impunity.
A Personal Liability Bill would not criminalize genuine mistakes made in good faith while executing public duties. Instead it would target deliberate abuse of power, reckless decision making, and actions taken in clear disregard of the law or due process. Where an officer acts unlawfully and causes harm, the law should allow courts to attach personal liability so that the consequences are not transferred to innocent taxpayers.
This reform would also strengthen professionalism within public service. Knowing that unlawful actions could carry personal consequences would encourage officers to exercise greater care, follow proper procedures, and respect the rights of citizens.
The misuse of state machinery, particularly in matters such as forced evictions conducted without due process, has been witnessed repeatedly. These actions not only violate the law but also erode public trust in institutions meant to serve and protect the people.
A Personal Liability Bill would therefore safeguard public resources while restoring accountability in the exercise of state power.
