The people love a show.

We are a nation of laws, a kienyeji version of the American wild west or something in between. Dr Willy Mutunga, Prof Githu Muigai, Keriako Tobiko and David Kimaiyo will argue that Kenya is a nation of laws. The families of the slain Aboud Rogo and, lately, Abubakar Shariff will argue that Kenya is a kienyeji version of the wild west; not even the rudimentary honour code that prevailed in the wild west is to be found in Kenya. Many Kenyans despair that Kenya lies in between these extremes.

Aboud Rogo and Abubakar Shariff stated their positions plainly: they agreed with the violent expressions of religious zeal by al Shabaab. It remains unclear whether they used the mosques, from which they preached, to recruit Kenyans to fight for al Shabaab; the Governments of Kenya, the United States, the United Kingdom and half-a-dozen others claim that both the slain men were recruiters for al Shabaab and that they were responsible for planning terrorists attacks on Kenyan soil against the Government of Kenya and governments friendly to Kenya.

It is whispered in dark alleys that it is indeed government operatives who despatched the pair to meet their maker. No proof have been adduced to prove this. What is notable is that leading members of society argue that if it was the government's operatives who murdered the two men, then it was fit and proper for the government to have ordered the killings. After all, these leading lights argue, these were men who had declared war on Kenya, who sympathised and supported an enemy of Kenya, and who were unapologetic about the blood of Kenyans that had been spilled in their little war with Kenya. Needless to say, these leading lights do not see the benefit of an arrest, arraignment, prosecution, conviction, sentencing and punishment process for the likes of the late Mr Rogo or the late Mr Abubakar. Due process is not for the "enemies of Kenya" they would argue.

The United States has pioneered this pre-emptive approach to national security over the past twelve years. Since al Qaeda exposed the fatal weakness in a national security apparatus that relies on war ships, strategic bombers and nuclear missiles, the United States has developed a national security strategy that has elided the rule of law and has all but re-written the grounds for the application or suspension of due process. It seems that all the President of the United States has to do is to designate you an enemy combatant waging war against the United States and hellfire will rain down on you courtesy of the Reapers and Predators that prowl the night sky. The United States, it seems, has found an ardent disciple in the Government of Kenya, if the rumours about the deaths of Messrs Rogo and Abubakar are true. Death may not come by hellfire missile, but it will be extra-legal; relying only on the president's decree.

If only we were capable of learning from our mistakes and those of others. "Pre-emption" is not new; it has been applied for millennia. Kenya's history with pre-emption is very dark. Some will argue that this blogger is woefully out of line when he argues that the deaths of Tom Mboya, Pio Gama Pinto, Josiah Mwangi Kariuki and Robert Ouko were an application of the doctrine of pre-emption at its basest. But consider this. They were leading lights of restive communities who would one day command sizeable constituencies that would challenge the established orders of their particular days. Messrs Rogo and Abubakar may have been hate-filled, hate-mongering villains; but none can argue convincingly that they did not have a growing following or that their positions were illegitimate among their followers.

What may supporters of their executions declare is that Messrs Rogo and Abubakar had committed grave, treasonous crimes against Kenya. If this were true, evidence to support such accusations must surely have existed. If such evidence existed, its veracity should have been tested in the courts of law. If the evidence was robust, Messrs Rogo and Abubakar would be pursuing appeals after appeals while cooling their heels in inhospitable surroundings such as Kapenguria or Manyani prison camps. Those applauding their executions contend that Kenya's prosecution and judicial systems cannot be trusted to do the right thing. The police would inevitably screw up the investigation; the prosecution wouldn't have a forensic leg to stand on to successfully obtain a conviction; but were the two somehow to get it right, the magistrate hearing the case would be swayed by a Very Large Briefcase of money. Their argument goes like this: we know they are guilty; we cannot prove their guilt; rather than leave them to commit more crimes, we will murder them and the people will love us for it. They forget that the people who celebrated your coronation are the same ones who will cheer at your be-heading; the people love a show.