{UAH} Pojim/WBK: Garissa tragedy: Move on Muhuri makes no sense - Comment - www.theeastafrican.co.ke
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Garissa tragedy: Move on Muhuri makes no sense - Comment
By L. Muthoni Wanyeki
Posted Saturday, April 11 2015 at 17:17
The country is still coming to terms with the loss of life in last week's attack on Garissa University College.
Poignantly, social media and the vigils held for those lost have reminded us of who was murdered. The real people behind the numbers — their dreams, their hopes for the future, their curtailed lives.
Once again, we have been reminded of how compassionate Kenyans can be. We have also been reminded of just how inadequate and ineffectual our state is. There is growing public anger at the slow pace of the response from Nairobi.
At reports the security services had been alerted in advance. So they could have not only saved lives by getting to the scene earlier, but actually prevented the attack.
Al Shabaab may hold territory in Somalia and act militarily to maintain it. But Al Shabaab does not technically hold territory here.
Here it acts like any organised criminal group. Which should call for a strategic criminal justice response. In which, obviously, intelligence has as much a role to play as criminal investigators.
This is, no doubt, is the motivation behind Gazette Notice 2326 released this past week under the Prevention of Terrorism Act, 2013. In which the Inspector-General of Police informs us of his intent to ask the Cabinet Secretary of the Interior to declare as "specified entities" a list including many individuals, all with Muslim names.
No less than 14 forex and money transfer services. Four bus companies. One hotel. And — wait — three civil society organisations. Including the coast-based Haki Africa and Muslims for Human Rights.
Which is the point at which the credibility of the list immediately begins to fall apart. Haki Africa and Muhuri are human-rights organisations. Who document human-rights violations associated with counter-terrorism and provide support — forensic, legal, otherwise — to individuals and families affected by these violations.
Why on earth would they feature on such a list? Bearing in mind that, under the POTA, a "specified entity" is equated with a "terrorist group." And membership in a terrorist group is punishable by up to 30 years.
All on the list were given 24 hours to demonstrate why they shouldn't be declared specified entities. Haki Africa and Muhuri complied — despite the odd reversal of the burden of proof being required to do so entails.
They furnished — as though not already publicly available — lists of their staff and board members, their activity and published reports, their audited accounts. They are also moving to the High Court.
Because this is an outrage. To use the excuse of the Garissa attack to go for civil society organisations who aren't playing the state's game.
If this is all that intelligence and criminal investigations can come up with, may the ancestors and our various Gods help us all.
L. Muthoni Wanyeki is Amnesty International's regional director for East Africa, the Horn and the Great Lakes
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