{UAH} Pojim/WBK: Out Kimaiyo and Lenku; In, again: Nyayo House - Comment - www.theeastafrican.co.ke
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Out Kimaiyo and Lenku; In, again: Nyayo House - Comment
By L. MUTHONI WANYEKI
Posted Saturday, December 6 2014 at 11:57
Another attack in Mandera. Another 36 Kenyans murdered. This time, quarry workers.
The executive convenes the National Security Council. Explanations are reportedly demanded from both the Cabinet Secretary for Internal Affairs and the Inspector-General of Police. Whatever suggestions given were apparently deemed inadequate. One was replaced. The other resigned.
Yet another ex-military person is designated for the position of Cabinet Secretary of the Interior. Maj-Gen Joseph Nkaissery.
About whom the final report of the Truth, Justice and Reconciliation Commission has this to say: "From February 22 to May 22 [1984], he spearheaded Operation "Nyundo" where many people lost their lives and over 20,000 animals starved to death. Operation was also punctuated with rape and beating of the locals. The disarmament exercise resulted in deaths of civilians in what has come to be known as the Lotiriri Massacre." The TJRC finally recommended his prosecution by the Director of Public Prosecutions.
Commenting on the TJRC report in parliament in November last year, Nkaissery, had only this to say in his defence: "I was a young major in the army and the army was assigned to go and perform a national duty."
Dealing with commercialised stock theft may indeed be a national duty. How the assault, rape and murder of civilians becomes a national duty is unclear.
But these crime and violations are what we have come to expect whenever the military is deployed—internally as well as externally. Is this what we should also expect should Nkaissery be confirmed in office by parliament?
Looking at the other steps taken by the executive in response to the two attacks in Mandera, presumably so. A slew of legislative measures has been proposed — to the Acts regulating intelligence, the police, the appointing body for the police and counter-terrorism. They all deviate even further than previous amendments have from the Constitution.
They propose removing the security of tenure of the head of intelligence, the head of the police and the two deputies. The aim is to make their removal from office easier in the event of situations like this. The effect is to diminish even further their intended independence from executive interference.
The amendments would also negate constitutional protections of suspected criminals. They would expand police powers of search and seizure. They would extend the periods over which suspects could be held in detention before being either charged and brought to court or released. They would enable suspects to be held incommunicado. And they would limit the possibilities of bail.
What is wrong with all that?
For starters, some of the amendments—like those enabling suspects to be held incommunicado—would not just be unconstitutional. They would also blatantly violate regional and international norms and standards regulating conditions of arrest, custody and detention.
Bear in mind here that our own constitutional provisions on arrest, custody and detention came about specifically to respond to and limit the possibilities of torture and other ill-treatment. Collectively, the proposed amendments will enable yet more Nyayo Houses.
L. Muthoni Wanyeki is Amnesty International's regional director for East Africa
http://www.theeastafrican.co.ke/OpEd/comment/Out-Kimaiyo-and-Lenku--In--again--Nyayo-House--/-/434750/2546730/-/8tgsitz/-/index.html
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