30 March 2014

PREAMBLE

Centre for Law and Research International (CLARION), the Coalition for Constitution Implementation (CCI) and their affiliate organizations, concerned with the runaway insecurity in the country and the slow pace of police reforms, today state as follows:

1. We are perturbed by the rampant insecurity and acts of terrorism in the country, and the ensuing loss of lives of innocent citizens going about their normal life routines. We condemn in the strongest terms possible those who are responsible for the dastardly attacks, be they Kenyan citizens or foreigners. Our position is that these are cowardly attacks that advance neither political nor social causes of any nature.

2. We take this opportunity to convey our heartfelt condolences to the families and friends of those who perished during the recent attack on Likoni Church. We ask God to grant them and their relations strength during these very trying moments. Our thoughts are with baby Satrin as he awaits the verdict on whether doctors will remove the bullet from his head.

3. We also wish to remind Kenyans of acts of violence being committed in other parts of the country. Nyakach in Nyanza has for several months now witnessed many deaths caused by violence. In fact, as we speak, preparations are going on for a mass funeral service. The area MP also lost his parents to violence.

4. We note further that the response by the police and other security agencies has been wanting in all the situations now facing us. The key strategy seems to be reactive and not preventive. After terror attacks, the police carry out swoops arresting and beating people indiscriminately, scaring the public and depriving people of their freedom of movement needlessly.

5. The budget allocation to the National Intelligence Service (NIS) is adequate to conduct thorough intelligence services and to pre-empt acts of terrorism and other crimes including cattle rustlings, high-tech robberies and poaching of our wildlife. The intelligence service was allocated Ksh83.5 billion in 2012-13 and Ksh67 billion in 2013-14. We believe that prudent management of these huge resources will lead to better outcomes. We are also concerned that the NIS is spending too much time spying on citizens and intimidating civil society activists while forgetting their key mandate.

6. We are concerned that insecurity could be one more issue used by anti-devolutionists to scuttle the implementation of the system. We have not forgotten that a while ago, the Governor of Marsabit County was advised by the National Government to deal with ‘his own’ problems of insecurity yet this is a National Government function. Counties will not discharge their mandates smoothly if high levels of insecurity persist. The coast region is already suffering because of insecurity.

7. We are dismayed that the authorities have failed to realize that police reforms are important in helping deal with the current situation. The Inspector General of Police has often been accused of abusing the law and wanting more powers. This must stop.

We therefore state the following:

1. The National Intelligence Service (NIS) must up intelligence operations to stem wanton death of innocent citizens and the Police must take heed of intelligence reports and act on them.

2. We call upon the Inspector General of Police (IGP) to work within the existing institutional arrangement by working with the National Police Service Commission to reach decisions. Making solo decisions that go against the law is one cause of the lethargy within the Service. We do not need costly litigation. Even though the Court ruled that the commanders he appointed can be in office temporarily, these actions are not helping the situation. Obeying the law is simply not optional, Mr. IGP!

3. Senior officers must desist from issuing orders that can only lead to chaos. The shoot-to-kill orders issued by the Mombasa County Commissioner, Mr. Nelson Marwa, are a panic reaction that only makes terrorists bolder because they thrive in the very chaos that such orders may cause. We are happy that the IGP condemned those orders.

4. We demand the creation of a fund to take care of the families that have suffered due to acts of terror and insecurity. Special attention must be paid to the families of police officers who perish in the line of duty.

5. The Ethics and Anti-Corruption Commission (EACC) must immediately institute investigations on the use or misuse of resources allocated to the security sector.

Kenyans need to feel confident that their security apparatus is working for them. It is only in this way that they will open up and provide information to security agencies. The cooperation of Kenyans in matters of security cannot be coerced, it has to be earned.

If the situation does not improve, Kenyans will be left with no option other than to demand the resignation of key officials in the security sector due to non-performance. The civil society shall indeed contemplate public protests to make these officers accountable.

Signed for an on behalf of CLARION and CCI,

Morris Odhiambo
President, National Civil Society Congress (NCSC)

Cidi Otieno
Convener Coalition for Constitution Implementation (CCI)

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