By: Dennis Wendo
Worth Noting:
- The NIS has the legal mandate to gather, collect, analyze and transmit security intelligence and counterintelligence with the aim of detecting and identifying impending and actual threats to national security.
- In the recent past with continuity in place, there has been a systematic attack on the state security agencies largely on police and NIS. The indiscriminate pillory emanates from leaders and groups linking and levelling accusations of incompetency, forced disappearances, use of extra judicial force and killings to state security agencies.
- This is polarizing the country and sharply widening the gap between security organs and the citizens. The Constitution of Kenya, 2010 under Article 21 confers upon the State the duty to observe, respect, protect, promote and fulfill the fundamental rights and freedoms of citizens.
National security is the shelter against internal and external threats of a nation’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity. The importance of this provision in essence encapsulates human security.
The Kenya Defence Forces, National Intelligence Service and National Police Service encircle the organs of national security in the republic of Kenya. Their primary object is to promote and guarantee national security in accordance with the principles outlined in Article 238 (2) of the constitution of Kenya.
Moreover, they are responsible for safeguarding national security by gathering intelligence, identifying potential threats, advising the government on security concerns and taking necessary steps to protect the country’s political, military and economic interests with the National Intelligence Service (NIS) playing a key role in this function.
The NIS has the legal mandate to gather, collect, analyze and transmit security intelligence and counterintelligence with the aim of detecting and identifying impending and actual threats to national security.
In the recent past with continuity in place, there has been a systematic attack on the state security agencies largely on police and NIS. The indiscriminate pillory emanates from leaders and groups linking and levelling accusations of incompetency, forced disappearances, use of extra judicial force and killings to state security agencies. This is polarizing the country and sharply widening the gap between security organs and the citizens. The Constitution of Kenya, 2010 under Article 21 confers upon the State the duty to observe, respect, protect, promote and fulfill the fundamental rights and freedoms of citizens. This responsibility stands at the core of the Government’s very existence and its obligations under domestic and international law. The role of state security agencies remains pivotal and should not be trivialized, infiltrated with unfounded allegations or propaganda, lest we hatch and plunge into entropy and civil war like the Democratic Republic of Congo or Sudan.
The security organs labor very hard to deliver on their mandate, despite the work related challenges of remunerations, housing and the social welfare concerns. Not all officers are rogue. Indeed, there exist elements within the forces with negative baggage of office misuse and corruption. These elements ought to be identified and lawfully charged to retain sanctity and public trust within the forces.
Let’s trade carefully and criticize our security organs with evidence based facts rather than broadly depicting them negatively. Such blanketing demeans and demoralizes the officers. It erodes confidence, tenets of community policing and negates their job performance and service delivery. It creates a recipe of unlawfulness and room for the resurgence of militia groups that cherish mobocracy. The Government has independent investigation arms and judicial processes for seeking justice. No citizen is immune, including the state security officers. Article 157(6)(a) of the Constitution of Kenya provides that the ODPP shall exercise state powers of prosecution and may institute and undertake criminal proceedings against any person before any court, other than a court martial in respect of any offense alleged to have been committed.
The IPOA Act, No.35 of 2011 provides for the establishment of the Independent Policing Oversight Authority, with a mandate to hold the police accountable to the public in the performance of their functions, it gives effect to the provisions of Article 244 of the constitution that the police shall strive for professionalism and discipline and shall promote, practice transparency and accountability and ensure independent oversight of handling of complaints by the service.
The Internal Affairs Unit (IAU), within the National Police Service under section 87 of the National Police Service Act has the mandate of receiving and investigating complaints against police. Subsection 7 further states that the Unit shall be located in a separate office from the rest of the service. Section 35 of the National Police Service Act, No. 11A of 2011 provides for the functions of the Directorate of Criminal Investigations (DCI) while the Witness Protection Act,No.16 of 2006 provides the framework and procedures for giving special protection, on behalf of the state, to persons in possession of important information and who are facing potential risk or intimidation due to their co-operation with prosecution and other law enforcement agencies as stated in Section (b) of the Witness Protection Act, No.16 of 2006.
The continued savagery on the state security agencies generates a negative perception and exposes the country to external infiltration from terror-related groups such as the Al shabaab and Al-Qaeda. It provides space for radicalization and violent extremism more so targeting the youths. No investor either internally or externally dares to establish business where there is socio, economic and political instability. Let’s support the measures which the Government has put in place to ensure its citizens have an enabling environment to fully enjoy the fundamental rights and freedoms, devoid of personalization, politics, tribalism, religious divisions and racism.
The law enforcers should only use lethal force as a last resort. Let the Youths and Kenyans refrain from provoking security agencies to the levels of pressing them to exert extra force. Youths should shun political misuse that propels them to cause chaos and refrain from indulging in crime and drug and substance abuse.
Dennis Wendo
Integrated Development Network- Public Benefits Organization (PBO)
Email: idnkenya@gmail.com
