Mr. President,

 

As you are well aware, it has been one year since terrorists attacked and mercilessly took away the lives of at least sixty seven (67) persons during the Westgate Mall terror attack. It is four and half months since criminal gangs unleashed untold terror on thousands of Kenyans and left eighty (80) people dead in Mpeketoni. It has been one year and five months since criminal gangs terrorized the residents of Bungoma and Busia, killing more than fifty (50) people and seriously injuring more than one hundred (100) Kenyans.  It has been four months since inter-clan wars in Mandera claimed the lives of over forty three (43) people, left hundreds injured and over one hundred thousand displaced.

 

In the Northern and Rift regions in Kenya especially Turkana, Wajir, Mandera, Baringo insecurity soars with at least over one hundred and twenty (120) people dead, more than ninety five (95) seriously injured and not less than thirteen thousand five hundred and thirty six (13,536) left displaced since 29 June, 2013.  In addition to these insecurity statistics we have more unmentioned incidents in Nairobi, Mombasa, Tana River, Eldoret among many more. Worse still is the fact that even security agents trained to protect civilians have themselves become victims of insecurity. Beyond losing people beloved to them, the survivors of the attacks -men, women, children civilians and security agents - suffer post-traumatic stress disorders and other forms of social distress.

 

In the face of such unprecedented levels of insecurity, the security agencies’ responses have largely been reactionary and excessive in a manner that alienates and victimizes the public rather than protect them. In Kwale for example, a fourteen year old girl named Kwekwe Mwandaza was summarily executed by National Police Service officers for allegedly posing a security threat against eight heavily armed police officers who had raided her home in search of a suspect they did not find!

 

Your Excellency, Kenyans are tired of the proverbial blame game amongst State agencies that seem intent on assigning responsibility for security lapses rather than addressing the actual causes of insecurity. The rate at which criminal elements are leading Kenya to an ungovernable state is alarming yet your government seems unwilling, unable or even hesitant to deal with these criminals who seem to hold the entire nation at ransom begging the question as to who exactly these people are.

 

Mr. President, this state of affairs is in contradiction with the firm public pledge you made during your inaugural speech on 9th April, 2013 which read in part “…..Criminals, cattle rustlers, drug barons and agents of terror who disrupt the peace of our society will be met with the full force of the law and the strength of Kenya’s Security Forces. On this matter, we are resolute to our men and women in uniform, I say, this nation is indebted to you. You continue to lay down your lives in service, protecting Kenyans from threats both external and internal. My government will continue to work with you and do all that is in its power to support you as you continue in your noble duty…”

 

Mr. President the fact is:

 

1.      Kenyans are tired of the empty rhetoric by your appointed security senior officials who insist that they “are on top of things”, or “we will leave no stones unturned” despite glaring evidence to the contrary.

 

2.      The security architecture in Kenya as currently constituted is incapable of adequately addressing the contemporary challenges of terrorism and other forms of organized crime. The security apparatus must be professionalized, fully equipped and its officers made accountable to senior most levels when exercising the sacred duty of protecting this republic and its citizens.

 

3.      There continues to be a weak multiagency coordination framework that has occasioned ineffective responses to incidences of violent crime. In particular, there is a great disconnect  between the intelligence gathering agencies and other security organs which has in turn made State responses reactionary and haphazard as opposed to anticipatory and measured. While the recent resignation of Major General Gichangi and subsequent appointment of Major General Philip Kameru could serve as an instigator for reform, there is need for deeper analysis of the institutional discrepancies that have hampered intelligence gathering, sharing and police response.

 

4.      That Kenyans and other residents are feeling more threatened and discomforted by the level of insecurity in the country each day.

 

5.      That the relationship between the security apparatus and the public is strained and deteriorating further with every security operation that results in mass arrests and unlawful detentions or in the most extreme of situations, extra-judicial killings by State officers.  A further consequence of this is the public’s unwillingness to cooperate with State officials in sharing crucial information out of a fear of victimization or collective punishment in some cases.

 

6.      That in some cases politicians stand accused of perpetuating insecurity either directly or by proxy and yet there have been no significant arrests or prosecutions to serve as a deterrent to involvement in crime and instigating violence. Instead, we have been subjected to vague political statements that insinuate knowledge of political actors involved in recent spates of insecurity but without further action being taken.

 

7.      That there is clearly a significant disconnect between the various actors within the criminal justice system much to the advantage of criminals who evade justice through bungled investigations and prosecutions.

 

8.      That while the security sector remains one of the biggest beneficiaries of our taxes, they are acquiring the dubious distinction of being the most inefficient and unaccountable public organ.

 

Your Excellency the problem is known.  It is however time to move beyond rhetoric and embrace remedial action.

 

It is now time to convert into tangible action, the empathy you have previously expressed for the mothers, wives, children, fathers and all the “nduguzanguni” who have lost loved ones, property, livelihoods and suffered both physical and psychological trauma. More specifically it is time:

 

1.      To dispense with the leadership of our security organs who have failed to offer strategic guidance commensurate to the threats we currently face. It is instead time to enlist a security leadership that is professional, respectful of the Constitution and embracive of reforms that enhance the integrity and public standing of our security agencies. To this end, we expect a reinvigorated National Security Council that advises you accordingly and can match the threats we now face.

 

2.      For you to lend your political voice and support for the ongoing reforms in the security sector and explicitly sanction any member of your government who stands in the way of such reforms.

 

3.      For you and all the political leaders to distance politics from insecurity and direct the relevant state apparatus to take firm action against anyone including the politicians who continue to orchestrate violence and deny and violate our fundamental right and freedoms. A criminal is a criminal Mr. President.

 

4.      To live up to the promises of leaving no stones unturned in investigating current and past instances of terror. In particular, it is time to commence the inquiry to the Westgate Mall attack and demand better results from the National Police Service with regard to the Lamu and now Mandera attacks.

 

5.      To put a stop to State tactics that have seemingly made arbitrary arrests or unlawful detentions, enforced disappearances and extra-judicial killings permissible options in tackling crime. Mr. President, we cannot enhance security and public safety through unlawful or unconstitutional means- this only serves to inculcate the culture of lawlessness.

 

6.      To honor all members of our disciplined forces who have committed to serve the public by placing themselves in harm’s way. It is time to ensure that they are well remunerated, properly equipped to do their duties and that their families are properly taken care in the event that they are tragically killed in the line of duty.

 

7.      To invest in an evidence-led counterterrorism programme, that should be discussed by all stakeholders.

 

8.      To adequately resource the criminal justice system with the expectation that investigators and prosecutors will work in a transparent, accountable and effective manner.

 

9.      To support an all- inclusive structured, candid and non-political conversation to interrogate the root causes of the insecurity to obtain long lasting and practical solutions to insecurity. This could form part of your legacy.

 

Mr. President, your government holds the primary obligation of ensuring the safety and security of all citizens and other persons living in the country all in the while respecting the rule of law and the rights and fundamental freedoms of all persons.

 

The KHRC, while conveying our deepest condolences to the families, friends, colleagues of the many civilians and security agents who have lost their lives, their livelihoods, their property and suffered both physical and psychological trauma in these senseless incidences of insecurity, urge you Mr. President to protect, promote and uphold the rights of all people living within our borders. Bring our safe Kenya back!

 

In case of any queries, please contact Atsango Chesoni on Achesoni@khrc.or.ke  or Lilian Kantai on lkantai@khrc.or.ke /Tel: +254 020-2044545/ 2106709/ 2106763.

 

Signed:

 

Atsango Chesoni

 

Director, Kenya Human Rights Commission.