Experts say law lenient on terrorists

By JOE KIARIE

Questions have emerged over the effectiveness of Kenya’s anti-terrorism laws in curbing rising terrorist attacks in the country.

Security and legal experts feel the Prevention of Terrorism Act 2012 is overly lenient and now want President Uhuru Kenyatta to issue executive orders that will see terrorists mercilessly dealt with.

Under the Act, persons found engaging in terrorism activities leading to deaths of other persons are to be imprisoned for life while activities that do not result in deaths will attract jail terms of up to 30 years.

Those convicted for assisting in the commission of terrorist acts and those found in possession of property intended for the commission of the acts are liable to a term not exceeding 20 years.

Mwenda Mbijiwe, a counter terrorism expert, terms it ridiculous that the maximum penalty for terrorists in Kenya is a life sentence.

“Why should robbery with violence attract a death sentence while foreigners who have killed tens of people are allowed to stay in our jails for life?” poses Mbijiwe. “We should amend the law and punish those convicted of terrorism by death as is the case in the US and other countries”.

Mbijiwe, a former Kenya Air Force Senior Private, says the law should also be amended to deny terror suspects bail. He also calls for the establishment of special detention facilities that would ensure terror suspects and convicts do not mix with other inmates.

Martin Oloo, a lawyer, concurs, citing the success of the Guantanamo Bay detention camp to combat terrorism in the US. He proposes similar integration of executive orders with the Constitution to deal with terrorism in Kenya.

Omosa Mogambi, a specialist in security studies, regrets that the Judiciary has not been able to strike a balance between public interests and the rights of accused people while handling terrorism cases.