State agrees to implement Alston’s report

By Beauttah Omanga

Police could soon be banned from using live bullets to quell riots if the Government implements Prof Philip Alston’s recommendations.

Justice and Constitutional Affairs Minister Mutula Kilonzo said the Government has no option but to implement the report or risk being labelled a failed State. If implemented, police would no longer prosecute suspects.

The minister was, however, quick to note that implementation would be carried out under the country’s laws and not word for word as suggested by Alston.

"If we fail to implement the recommendations, repercussions will be disastrous and Kenya will be listed as one of the countries that defy UN resolutions on human rights. We are a signatory and must comply, but within our Constitution," he said.

Geneva delegation

Mutula said under his watch, commitments made by the Geneva delegation would be implemented soon.

"We informed the world of our commitment to respect human rights and put in place sound reforms, some of which we have commenced. We will not want to be the subject of focus when the UN meets again after two years to review progress reports from the conference," he said.

The minister was, however, non-committal on whether these would include sacking of Attorney General Amos Wako and Police Commissioner Hussein Ali.

Speaking to The Standard in his office, the minister allayed fears some PNU leaders would block moves to implement the recommendations.

"The fact that the Internal Security Minister himself accepted some changes on the commitment response he read at the conference is to me a change from the initial position of denying extra-judicial killings" Mutula said. The minister said he would initiate review of Section 71 of the Police Act to spell out when the law enforcers can use live bullets and alternative force while quelling mass protests.

In his report to the UN congress, Prof Alston singled out the section saying it was not clear even to police officers.

Yesterday Mutula said Alston’s wording on Kenya was too harsh and singled out a section where the special rapporteur questions President Kibaki’s silence on the report.

"If the PM commented, that was official Government response. Why would Alston expect a response from the President as if he and the PM head different Governments?" he said.