Police operation illegal, inhumane, claims civil society

By ROSELYNE OBALA and NGUMBAO KITHI

NAIROBI, KENYA: The security swoop in Eastleigh has kicked up a storm with leaders and civil society organisations describing police actions as inhumane and illegal.

The Kenya National Commission on Human Rights (KNCHR) has taken issue with what it calls the targeting of ethnic Somali Muslims, saying they are being harassed by security agencies.

KNCHR CEO Patricia Nyaundi warned that detaining and deporting Somalis without due process was in violation of their rights. Nyaundi accused the police of planting evidence to incriminate local residents and justify the deportations.

“The detention of Somalis at Kasarani without trial and access to food and water and subsequently deporting them violates their rights,” she said. “Whether Muslim or Christian, terrorist suspect or not, everyone enjoys basic rights which must be respected.”

Nyaundi said that although such searches were justified, the law requires that all potential deportees be produced in court within 24 hours for a determination of the deportation orders.

In Mombasa, three civil society and human rights groups joined the chorus of protests and said the ongoing swoop had been mishandled.

Muslim for Human Rights (Muhuri) Director Khelef Khalifa, the executive director of Haki Africa Mr Khalid Hussein and executive director Human Rights Agenda, Mr Yusuf Lule, want the law to be applied when arrests are made.

Muhuri has now written to the Director of Public Prosecution demanding the prosecution of Mombasa County boss Nelson Marwa over his alleged shot-to-kill-order. Marwa reportedly gave orders to the police to shoot all terror suspects.

Khalifa noted that when most deportations are effected, the suspects are not taken to court for the deportation order to be determined.

Hussein said some of those deported were legitimate Kenyans who had not been issued with ID cards because of the bureaucratic processes involved in obtaining the identification documents.

Other civil society organisations also took issue with the blanket condemnation of Muslims. “The swoop does not distinguish between Kenyan Somalis and those from Somalia,” Civil Society Congress President Morris Odhiambo said.

Odhiambo was supported by the Parliamentary Caucus on Human Rights, which said an inhumane crackdown on residents could lead to a potential backlash. The members, led by Kibra MP Ken Obura, said the police must follow the country’s obligations under the Vienna Convention on the protection of refugees.

“We are a successful and open country that attracts many refugees and other people seeking a better life. Our government must fight terrorists in an intelligent and effective way,” said Obura.