Uhuru must put his house in order, rout out the rot in security organs

MAKAU MUTUA

Twitter @makaumutua

They say you never know the worth of water until the well is dry.  Methinks that’s what the Westgate terror attack has brought home.  Seemingly little – but indispensable – things appear meaningless until they are lost. Gone. My point is that the Westgate attack has dashed the sense of “false security” and mundane expectations. There’s no doubt the men and women of the Kenya Defence Forces were heroic.

But there’s no longer the “guarantee” the government will give your loved ones credible – and unambiguous – answers should a catastrophe strike. Which begs the question – what went wrong, and what lessons have been learnt?  Whither from hither?

Blame is flying in all directions in the wake of the attack. Senior officials are publicly contradicting each other. A leaked intelligence report purports to show NIS boss Michael Gichangi warned the National Security Council – the top security body in Kenya – of the impending al-Shabaab attack.

If so, why wasn’t the attack thwarted, or foiled? Then President Uhuru Kenyatta reportedly warns that he won’t tolerate “two centres of power”. And just like that, former Office of the President strongman Francis Kimemia’s wings are clipped. MPs demand the disbandment of NIS. It’s not unusual for some rancor among officials after a terror attack.  It happened in America after the 9/11 attacks. But something is different about Westgate. The Executive seems divided.

First, the state must speak with one voice after a terror attack. The last thing the enemy needs to sense is the state of a “house divided”. That’s precisely al-Shabaab’s intent – to strike mortal fear and division within the state. As American President Abraham Lincoln famously noted, “a house divided against itself cannot stand”.

This doesn’t mean that the Kenyatta administration should manufacture false unity, or cover up failures of intelligence. It actually means the exact opposite. A thorough – and uncompromising – inquiry must be carried out to establish the weak links in the security establishment.

Then the malignant and rotten cogs must be pulled out – root and branch – without pity. The cancer must be excised before it sinks deeper.

Second, I suggest that multiple bodies carry out inquiries – so that no cover up is possible. The legislature must commence its own independent bi-partisan inquiry.

Party affiliation, regional and ethnic biases, and power plays must be suspended. The Executive should not investigate itself. That’s why a judicial commission of inquiry into the Westgate attack must be convened pronto. This doesn’t mean the Executive and the security and military services shouldn’t do a penetrating investigation of what went wrong. They must.

If warnings were issued, why weren’t they acted on? Was it laxity, corruption, or wrong priorities? Was someone absent without leave? Who was asleep at the switch? Where, in a word, does the buck stop?

Third, whatever happens, the intelligence and security services must be depoliticised. There’s a perception that too much time is spent trailing dissidents and critics. What’s lost in translation is that critics are the backbone of democracy, not its nemesis. The time wasted on surveiling legitimate domestic political activists only takes valuable resources away from tracking and preventing possible terror attacks by al-Shabaab and other malevolent groups.

I know that complete depoliticisation isn’t possible, but paranoia and harassment of genuine democracy activists must be a thing of the past. Professionalising intelligence and security services – and the police – can’t be gainsaid.

They are key to preventing future terror attacks. This will require killing criminal and corrupt rackets within the state.

Fourth, the apex of the security state must have a streamlined structure with competent men and women in charge. The Westgate attack proved the exact opposite. Foreign Cabinet Secretary Amina Mohamed and her Interior counterpart Joseph ole Lenku either contradicted each other, or seemed at sea.

Defence Cabinet Secretary Raychelle Omamo never uttered a word. KDF’s Julius Karangi hasn’t told the nation how the siege was ended, and why there was such extensive damage to the mall. Inspector-General of Police David Kimaiyo must address reports of widespread mall looting. It’s true Mr. Kenyatta spoke, but his speeches didn’t answer these questions. My point is that since the buck stops with him, he needs to put the Executive house in order.

Finally, while the measures I outline here are a core necessity, Kenya can’t overreact to the Westgate terror attack.

That’s what the terrorists want.  Let’s not oblige them. Kenya can’t clamp down on civil liberties as a result. Nor should it create a police state. Kenyans should banish all thoughts about sectarian tensions, or ethnic profiling. To do so would give fuel to the criminal hatred that al- Shabaab thrives on. Let’s take the high road. That’s how the country will defeat al-Shabaab.

Writer is Dean and SUNY Distinguished Professor at SUNY Buffalo Law School and Chair of the KHRC.