“Only by legal fiction or diplomatic courtesy can Chad be
described as a state. After eighteen years of civil strife, half its
national territory is under the control of Libyan backed insurgents, its
jurisdiction within the other half is severally contested, with a
situation of chronic anarchy prevailing in some of the southern
prefectures; the capacity of its political institutions to maintain
order and execute policy is virtually nonexistent beyond the perimeter
of the capital city and the few major towns”, — Rene Lemarchand, The
Crisis in Chad, (1985).
The security challenge
facing Kenya is not unique in the African context. Similar or even worse
challenges face almost every country in the continent with few
exceptions. Just look at our neighbours and you will appreciate the
fratricidal contest over the state in Africa.
Africa has weak governments that face armed challenge within their borders and Kenya is not an exception.
The
sovereign powers of governments to exercise full control are strongly
contested by competing powers within their borders. Look at the
impotence of Nigeria in the face of the war waged by Boko Haram!
The
political and crippling security challenges facing the Uhuru Kenyatta
administration has not been properly contextualised or appreciated by
many Kenyans and especially the critics of the regime.
Most
of the criticism is informed by over flowing raw emotions. Others are
propelled by poisonous political biases of the critics. That is exactly
why when the President returned after a forgettable trip from Abu Dhabi,
he tried to explain the pillars and tenets of the country’s security
policy.
PLAY CENTRAL ROLE
When
he tried to tell Kenyans that individual Kenyans must play a central
role, Uhuru was wildly jeered and lampooned. But Uhuru was right, though
he explained his idea poorly.
The President was simply
making a very passionate and personal confession. Reality has finally
downed on him. He finally realised despite his bravado and penchant for
military uniforms that his government is vulnerable. Powerless. Weak.
Kenya
after all is not in full control of its territorial boundaries. He is
but a President of a poor corrupt third world country.
The
north and coastal regions of the country are basically lost. Kenya is
in nominal control. If the President was academically inclined I would
have recommended him to read the seminal work of Robert H Jackson and
Carl Rosberg Why Africa’s Weak States Persist: The Empirical and the
Juridical in Statehood. After reading this he would have cooled down.
He
will understand better that whereas the legal status of the country is
unchallenged, factually or empirically most of the north and the noast
are contested.
This brings me to the bus attack in
Mandera and the government’s response. Again Kenyans were very harsh
even though the government shot itself in the foot. For those of us who
hail from the county of Mandera we know how tenuous and contested the
sovereignty of Kenya is over much of the north. The state exists
juridically, legally but it is scant empirically or in terms of reality.
The people of the north know more of the brutal and
abusive powers of the state. The government has rarely being effective
or in control in the classic sense of state control over its territory.
NOT HELPED
Since
independence, Kenya has been in occupation of the north. It has never
ruled and reined. It is highly doubtful whether Kenya’s sovereign
exercise of much of its territory in the north will ever improve.
Matters
were not helped by Deputy President’s claim that Kenya in response
killed over 100 of the attackers. That was greeted with utter contempt.
Does
Kenya have the capacity to map, locate and then launch a cross border
attack and decimate the Mandera bus attackers within hours of the
attack? The simple answer is no. Our air force has about a dozen F-5
jets of great antique value.
They were bought in
dubious scandal from the Hashemite Kingdom of Jordan. Precision and
target bombing are alien to these jets. They are slight improvements on
bombing a terrorist camp using a Cessna aircraft.
That is why I am in total agreement with the President. He called us to civic duty. Our security lies in our individual hands!
Senior Counsel Ahmednasir Abdullahi is the Publisher, Nairobi Law Monthly
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