Mass arrests and assassinations will only make our borders more insecure

Mass arrests and assassinations will only make our borders more insecure

Ab-Titchaz

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Mass arrests and assassinations will only make our borders more insecure

DNTerror0704.jpg


Kasarani Police vehicle ferrying people picked during a swoop at Eastleigh estate in Nairobi , April 7, 2014. PHOTO: BILLY MUTAI/NATION

By Maina Kiai

[h=3]In Summary[/h]
  • The Uhuru Kenyatta and William Ruto regime has come full circle, repeating the same tactics as the British colonial regime, this time focusing on the Somali and Muslims in a blanket condemnation of two entire communities.
  • Mass punishment outside the law has always boomeranged, as the Americans can attest.

Terrorism is commonly understood to be those violent acts intended to create fear, or terror, and are perpetrated for a political, religious or ideological goal and which deliberately disregard the safety and well-being of civilians. Terrorism is indiscriminate and focuses on inflicting as much damage as possible.

What Al-Shabaab has been perpetrating in Kenya, Somalia and Uganda is clearly terrorism which should not just be condemned strongly, but all possible — but legal — means should be used to bring the perpetrators to justice. For terrorism is an egregious violation of the law, claiming innocent lives and leaving victims and survivors with lifelong scars and wounds.

It is crucial that this violation of the law is fought using the law, or there could be no difference between the state and terrorist.

States can also perpetrate terrorism by using the same lawless tactics as groups like Al Qaeda and Al Shabaab, targeting innocent civilians, or communities in order to instill terror and fear. This is what Libya was accused of with the bombing of Pan Am Flight 103.

But states can also take other tactics calculated to instill fear and intimidation. Arguably the tactics of the British colonial regime during the Mau Mau uprising could fall into this category, as it killed, tortured and detained alleged Mau Mau sympathisers with impunity, fully intending to cause fear and despondency.

These tactics included the blanket punishment of Kikuyu peasants. The infamous Operation Anvil is instructive here, as every African in Nairobi was rounded up and forced into enclosed barbed wire camps. The non-Kikuyu were then released before all Kikuyus were “screened” in an effort to separate loyalists from alleged Mau Mau supporters.

The screening was done by hand-picked and masked informants, and their word was enough to send anyone into detention without trial, or worse, summary death. Peter Muigai Kenyatta, first son of Jomo Kenyatta, was one of the more prominent screeners.

READ: Police arrest 500 in Eastleigh daytime swoop

And now the Uhuru Kenyatta and William Ruto regime has come full circle, repeating the same tactics as the British colonial regime, this time focusing on the Somali and Muslims in a blanket condemnation of two entire communities. These tactics in supposed reaction to the ongoing terror attacks border dangerously close to state terror.

No matter how noble the intentions of the regime, the net effect of rounding up people simply for how they look, dress and speak, is to create fear and despondency among whole communities. It is akin to saying that if someone speaks Somali, looks Somali, and is dressed like a Somali then he is a terrorist, or at least a potential terrorist. And it is a smokescreen for an ineffective, corrupt and outdated police force, trying to turn the focus upside down.

Make no mistake: This approach of assassinations and mass round-ups is counter-productive. Mass punishment outside the law has always boomeranged, as the Americans can attest.

Guantanamo Bay and the indiscriminate use of drones has weakened, rather than strengthened, America’s standing in the world depriving it of significant soft power that was its strongest asset globally.

And it creates a sense of victimhood and marginalisation; you can be sure that for many Muslims and Somalis, there is going to be a hardening of attitudes and increased contempt, for they have become victims of terrorist and state violence. Aden Duale, formerly the cheerleader-in-chief of the regime, is the perfect example.

We can rag on Duale for many things but on mass and indiscriminate punishment, he is right. For this assumes that the Somali and Muslims are guilty until proven innocent. Or, at least, until they can bribe their way out of the police dragnets for few things are as lucrative to corrupt police as these sweeps and round-ups.

And isn’t it ironic that the very people who have screamed themselves hoarse about being innocent until proven guilty for crimes against humanity, including mass killings, forced displacement and rape, can treat communities as guilty until proven innocent?


mkiai2000@yahoo.com

Mass arrests and assassinations will only make our borders more insecure - Opinion - nation.co.ke
 
kumbe the law works against what is right......

Terrorists could
be set free

Terrorists could escape justice due
to lack of forensic expertise and
equipment.
Director of Public Prosecutions
Keriako Tobiko said old ways of
evidence gathering such as
eyewitness accounts could not be
relied upon to prosecute crimes
such as terrorism and money
laundering.
“The government should see it fit
to establish a fully-equipped
national forensic laboratory to
deal with crimes such as
terrorism,” he said.
Illegal ways of gathering evidence
could lead to terrorism cases being
thrown out for rights violation.
Speaking during the 2nd Annual
Convention of the Office of the
DPP at the Kenya School of
Government on Tuesday, Mr
Tobiko asked police to ensure such
investigations were conducted
within the law.
Law Society of Kenya chairman
Eric Mutua said even with the best
evidence against terrorism and
other complex crimes, suspects
could be released if it is found
that their rights were violated
during evidence gathering.
Chief Justice Willy Mutunga urged
more funding for agencies charged
with delivery of justice.
“As experienced with the
Judiciary, the allocation of more
resources creates incentives and
appetite for corruption,” he said.
Mr Tobiko said out of the Sh11.5
billion his office sought from the
National Treasury, only Sh4.8
billion had been released.
This has slowed down work and
led to poorly prosecuted cases.
He said negotiations were in
progress with the Salaries and
Remuneration Commission to
harmonise the salaries.
The director of public prosecutions
said the harmonisation was
necessary to retain talent, as his
office works towards transforming
the prosecution of cases to ensure
they meet high evidential
thresholds and save taxpayers
millions of shillings.
 
Kiai is telling us,,,,completely nothing,,,he is telling us that the only way of
fighting terrorists and terrorism ,,,is doing it,,,legally.

See how foolish,,these arm chair analyst can be.

When bombs are exploding everywhere,,,he wants Kenya police to be
so good to them,,,,not to arrest anybody suspicious unless there is
enough evidence against them,,,including the refugees who have
ran out of the designated camps.

Kiai wants Kenya to behave as if,,we are in heaven.

What he suggests,,never happens in this world.

You fight fire with fire.

Did Americans fight bin Laden,,,legally,,,come on Kiai,,,laws
were made in the west,,and you do not expect we in Kenya
to do better than them.


The other day,,,he was writing about the bad security situation
we are,,,complaining that UhuRuto have been sleeping on their
jobs.

Today when they are acting on the situation,,,again,,,this huge
man tells us other things,,,for he has so much to tell and
write so to earn a living.

The president today has asked all politician,,,,to keep off matters
concerning the security of this country.

He has told the police that,,they should not listen to any one and
that they can count on his full support.
 
Kiai is telling us,,,,completely nothing,,,he is telling us that the only way of
fighting terrorists and terrorism ,,,is doing it,,,legally.

Terrorism can only be stopped by the following steps:-
Education; educating the people that what they are doing is not a means to an end and its not right
Stop Brainwashing: anyone inciting hatred and planting hatred especially in young children should be stopped by any means necessary.
Having a Stable Government in the Source Country of Terrorists: In case of Somalia as an example if there is a stable government over there even the so called wakimbizi would go to their home country and they can help stopping the Bad guys over there.
 
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