Police killings cannot be ignored

Having sought the help of the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions to probe claims of killings by police, the Government cannot disregard his conc-lusions and recommendations.

This paper has had occasion to urge credible, independent investigations into claims of police killings not sanctioned by law in their day-to-day activities as well as in joint operations with other security agencies. The June 2007 operation against Mungiki, which continued in clandestine fashion in later months as revealed by murdered police whistleblower Bernard Ngirinya, the post-election violence killings, the Mt Elgon District operation and other instances have all sparked outrage from human rights activists, media and others as proof of unlawful killings of unarmed citizens. The allegations in each eposide were dismissed as false, even when documented by credible State agencies like the Kenya National Commission on Human Rights (KNCHR) or international bodies like Human Rights Watch. Alternatively, Police Commissioner Hussein Ali subjected them to internal investigations, which almost invariably found that no crimes were committed.

Prof Philip Alston’s findings after a ten-day fact-finding visit vindicate those committed to documenting and protesting the unconscionable murders. The UN Special Rapporteur found the killings are "systematic, widespread and carefully planned".

"Killings are committed at will and with utter impunity."

Effective Leadership

He is in no doubt that death squads were set up on the orders of senior police officials to exterminate Mungiki. Or that in Mt Elgon, the police and military committed torture and extrajudicial executions against civilians during their operation to crush the Sabaot Land Defence Force last year. Or that actions taken by State agents during the post-election period should be among crimes handled by a local special tribunal or by the International Criminal Court at The Hague.

Alston has recommended the dismissal of Ali as part of police sector reforms and the resignation of Attorney-General Amos Wako for "his role in encouraging the impunity that exists here".

He also called on President Kibaki to acknowledge the widespread problem and show effective leadership in the reforms.

With Ali’s mandate ending this year, there is talk of Cabinet shortlisting three candidates to replace him. Fresh blood may be just what is needed to give new impetus to reforms Ali began in 2004. His concentration has largely been on issues of operational ability — working conditions, equipment, numbers and so on. A new head might place greater emphasis on making the service a better protector of human rights than of authority.

But we are aware that recommendations for police reform by other bodies, such as those by the Commission of Inquiry into the Post-Election Violence, often meet with resistance from the Executive. Most are only partially embraced. Will Alston’s findings hasten a process already begun? Or inspire intransigence and the extension of Ali’s mandate?

As for the Attorney-General, he comes under fire yet again for encouraging impunity.

Earlier this month it was in regard to the battle against high-level corruption. Now, it is about extrajudicial killings. The ‘radical surgery’ of 2003 may have partially extracted the cancer within the Judiciary (albeit with innocent casualties), but it did little to improve the health of the system by overlooking the role of the State Law Office in ensuring the rule of law and delivering legal services. Can the Justice Ministry’s Governance, Justice, Law and Order Sector reforms programme, seeking change through less radical means, hope to succeed when some of its stakeholders continually express frustration with the AG’s office?

Urgent Action

Alston reminds us that, when it wishes, the State will break the law with no fear of punishment. Such unaccountability can only be abused especially with a force prone to political influence. We hope his findings inspire soul-searching and urgent action.

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