Wednesday 2 April 2014

On Makaburi's Death and Security in the Country-Ochengo Onguso, Law Scholar


I begin by the fact that I may be wrong and this time is not an exception. I differ with the popular thinking about Killing of 'Radical Clerics'. I know something has to be done but this is not the way. Recently, we have heard purported custodians of justice, law and order call for 'shoot to kill' methods, and anarchical way to deal with crime. I believe there is a better way.
First, as a shepherd, radicals have flocks and unlike this analogy, the followers are like clones of their masters and have minds, convictions and beliefs as close to their masters as possible. It simply means that the government has to face other small radicals who are even farther radicalized by those clerics.
Secondly, you cannot argue that lives have been lost therefore kill the SUSPECT. Today, in the international community, USA is tainted for the Guantanamo Bay prison which was a hub of torture.
Thirdly, Kenyans are feeding a dinosaur that will feed on them. Our military was criticized in the Mt. Elgon operation, for committing atrocities against its own people...Kenyans did nothing until Britain threatened sanctions. The Wagalla Massacre was not different, both the innocent and the 'guilty' suffered with the number of the innocent victims innumerable. Then the Westgate scenario, when we needed our security agents the most, property disappeared from the mall in an epochal manner. That is home ground. I don't want to imagine how what might have happened in Somalia during the 'Operation Okoa Nchi'.
We never know the pain of rogue security agencies until we are affected...the same feeling about terrorism until we are the victims. I know the pain of a child having a bullet in the head and a mother dead, I know the agony of losing a loved one or a permanently maimed self or friend or relative. But it stops there. The government cannot order 'shoot to kill' unless they are in apparent danger. A government that invests in PREVENTIVE SECURITY MEASURES need not deploy such barbarian methods for every citizen, even you and me, is in danger at the hand of an all-powerful government.
If the government invests in intelligence services, apprehension of criminals before execution of terrorist attacks will save both citizen lives and curb the retrogressive tread of arbitrariness in government response. The government must know the process of radicalization and have rehabilitation centres for De-radicalization either through detention that is to be justified upon passing relevant legislation; it happens elsewhere. We must learn to call for a police force, a military and security agency that is accountable to the people and not only to a civilian government on whose pretext they may be acting atrociously and inhumanly!
We may Shout 'Shoot to Kill' today, tomorrow we don't know who will be shot; will it be a political opponent of a government official or our fathers and mothers. Security is not about emotions, it deals with delicate attributes of humanity like liberties...least we change direction, the government will feed us with bullets on the pretext of security, our country will be a police state and the rock on which our freedoms are written shall become a Tabula Rasa; an empty slate. I don't sympathize with terrorism but my freedoms and liberties and those of fellow humanity is my concern. I rest my case!

Ochengo Onguso is a Graduate of Political Science from the University of Nairobi and currently undertaking a law degree in the same institituion.
He is the Intellectus Consultancy's company lawyer and Chairman of the Board