The State Dilemma in Extra – Judicial Executions in Kenya

The state is cross - roads if the happenings in Eastleigh in the last few days is anything to go by.

The state has the primary responsibility in ensuring the protection and promotion of human rights and this should be done within the confines of the law without discrimination, without bias and in line with all the human rights principles and standards.

The pattern in which the state has dealt with various cases of breakdown of law and order has proved that there is need to change tact and possibly adopt other means that would yield results to Kenyans and make the state the duty – bearer as it is required.

The current wave of crime being witnessed in Kenya began getting out of hand in the early 1990s.

The Government responded by creating a specialized unit within the Police known as the flying squad. This unit was granted special right to deal with all crimes in the best way they deemed best so long as the Country will be kept safe.

The flying squad lead to the deaths of so many people in the guise of maintaining law and order and keeping the country but this did not keep the country safe and secure.

Instead, it was during this period that various criminal gangs such the Mungiki, the Taliban, the Gazas among others started sprouting and got beyond control leading to the ones likes super – powers of Eastleigh that have recruited young boys who are currently considered ruthless and have caused immense suffering to the people of Kenya.

That means that the establishment of the flying squad that committed myriad human rights violation did not in a way contribute to solving the problem.

In 2008, the Government though the Kenya Defenses Forces moved to Mt. Elgon to quell a protracted land conflict that had been in the region.

This was in response to violations that had earlier been committed by a rag tag militia, Sabaot Lands Defence Force that has terrorized the locals for sometimes leading to the death of over 600 locals in addition to other injuries, loss of property among other things.

In response, the Kenya Defence Forces engaged in several human rights abuses that included allegations of torture, allegations of deaths, allegations of rape, and allegations of enforced disappearances among other human rights violations.

While these actions by the army were lauded based on the suffering that had earlier been meted on the locals by the SLDF, they did not necessarily lead finding a lasting solution to the problem in the region.

There still exist pockets of conflicts in the region meaning that the use of KDF and the subsequent violations did not lead to a lasting solution in this particular region.

In the wake of the various terror attacks in Kenya and in responding to the global threat of terrorism, the Government established the Anti-Terrorism Police Unit to deal with all terror related cases within the country.

While this unit has been hailed for the various efforts that it has undertaken in controlling the terror threats in the country, it has been accused in equal measure for their involvement in various cases of human rights violations such as arbitrary arrests, deaths, torture, enforced disappearances among others. But with all these, the Unit has not been able to conclusively deal with the threat of terror.

It is during the existence of the unit that we have had several cases of terror attacks including the daring Westgate and the Garissa University attacks that left several people dead and much more nursing injuries.

Therefore, the creation of the ATPU and its subsequent ruthless dealings with the people has not solved the threat of terror not just in Kenya but in the world.

The above-highlighted cases point to the fact that even extra – extrajudicial killings is not going to deal with the run- away crime in the Country.

The Government and other stakeholders must get a clear way forward that respects and promote human rights in dealing with this problem.

In the absence of this, we would continue to witness more extra – judicial executions

Samson Omondi, Human Rights Officer, KNCHR