Unaccountable law enforcers have always been the problem, not our laws

In Summary

• The Jubilee government and its legislators need comprehensive courses in public communications.
• Indeed, KWS will be the first to tell you they don’t have enough officers to deal with the poaching scourge.
• As our suit-wearing pugilists sitting in Parliament demonstrated, it is neither the clothes a man wears nor the title that he holds that gives him integrity; it is distinction of character.

By BETTY WAITHERERO
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The problem in this country has always been law enforcers, not the laws.

On December 19, 2014, President Uhuru Kenyatta signed into law the new Security Laws
(Amendment) Act 2014. It’s no secret that this Act of Parliament was passed after what should have been a robust, engaging debate turned into open combat and a mockery of democracy.

Needless to say, the 12th Parliament has left the entire nation in shame, with some members so brazen as to brag about their brawl on social media

Because the country was denied the opportunity to see legislators at work, and instead witnessed the debauchery that trolls the halls of Parliament, a majority of Kenyans have not had an opportunity to scrutinise the altered Act. Many are turning to the same pugilist legislators for guidance.

The Jubilee government and its legislators need comprehensive courses in public communications. The presentation, introduction and public engagement prior to passing this Act was not only unnecessarily uncouth and abrasive, but also openly confrontational with both the opposition and the public.

The government needs to remember, as I have stated before, that its war is with Al-Shabaab and not the Republic of Kenya, its citizens or democracy.

For all their efforts in enforcing the “tyranny of numbers” in Parliament, Jubilee and all its communicators have utterly failed to counter the sort of opposition rhetoric that initially attached itself to the first draft of the Security Bill, such as the insistence that the new Act in its entirety contravenes the Constitution.

Sadly, it is only now, after the infighting among the MPs and the accompanying injuries, hubris, threats and counter-threats that the public can take a look at the law that was passed.

PURGE AND OVERHAUL

Even more tragic is the sheer politicking behind a matter as serious as national security and the protection of citizens' rights in the face of terror attacks and frequent crime. When it comes to creating and enacting legislation in Kenya, it is clear the problem lies with legislators.

As with all laws, these are useless unless the system these laws are designed to enhance is purified of corrupting influences. It is a known fact that internal security organs and their agents are nearly hollow with corrupt practices.

This dire situation is not rectified merely by replacing one agency figurehead with another, but through a systemic purge and overhaul of the entire apparatus.

While I appreciate that Kenya indeed lacks sufficient law enforcers for its ever growing population, it is not sustainable in the long term to simply redeploy officers from agencies such as the Kenya Wildlife Service (KWS) or the Kenya Prisons Service to do police work.

Indeed, KWS will be the first to tell you they don’t have enough officers to deal with the poaching scourge. It’s time for some real decision making, not Band-Aid solutions; certainly Kenya’s agencies and their severe challenges need to be a matter of priority.

WORTHY OF THE UNIFORM

It is notable that during this past week, the number of complaints from the public about uniformed officers soliciting bribes shot up. When a system is so crooked that even if you introduced “Jeshi la Wokovu” the same corrupt practices and antagonising of the public would continue, it’s time to admit that the problem was never the laws, but the law enforcers. 

There are no systemic checks and balances to ensure that from the moment they are recruited and sworn in, law enforcers are worthy of that uniform. Additional laws that give them powers or responsibilities without ensuring that they are held accountable are not going to fix the security situation in Kenya.

As our suit-wearing pugilists sitting in Parliament demonstrated, it is neither the clothes a man wears nor the title that he holds that gives him integrity; it is distinction of character.

There seems to be a deepening and infectious rot within our security apparatus that stains the very nature of those entrusted with our safety.