Friday, April 3, 2015

Don’t use terror war to contravene the law

Don’t use terror war to contravene the law

President Kenyatta addresses a press conference at State House. President Uhuru Kenyatta Friday waded into the debate over the fate of the Independent Electoral and Boundaries Commission (IEBC) saying elections were over and Kenyans had moved on. PHOTO | SALATON NJAU
President Kenyatta addresses a press conference at State House. PHOTO | SALATON NJAU  NATION MEDIA GROUP
The terror attack at Garissa University College that left 147 dead and some 80 others injured has outraged the world.
Among others, Catholic Pope Francis joined other world leaders in condemning the senseless and brutal killing of innocent students and security officers.
Kenya has borne the brunt of global terrorism yet it has no role in international warfare. It is a victim because of its association with the Western powers, which are regarded as enemies of the terrorists. In recent years, it has been victimised because of its role in fighting Al Shabaab in Somalia.
The frequency of terror attacks has exposed Kenya as vulnerable and the impact has been grave. Key pillars of the economy such as tourism have been grounded. No longer is Kenya seen as a safe destination for investors.
Foreign missions in Kenya keep sending cautionary messages to their home countries, which in turn, issue travel advisories against our nation.
Even so, the response from the government whenever the terrorists strike hardly inspires confidence. The usual assurances that security is being beefed up and patrols intensified have become hollow.
This time round, President Uhuru Kenyatta went beyond that assurance and issued a directive that some 10,000 youngsters, who had been picked to the join the police, should be admitted to the college immediately.
The recruitment of the lot to join the police force was stopped by the court because it was marred with corruption and many other irregularities.
BAD PRECEDENCE
But President Kenyatta directed Inspector-General of Police Joseph Boinnet to get those selected to go to Kiganjo Police Training College immediately, arguing there was a serious shortfall of security officers, which has to be plugged quickly.
It is easy to sympathise with President Kenyatta’s position given the security challenge facing the country. But he is contravening the law by defying a judicial ruling and setting a bad precedence.
The doctrine of separation of power among the three arms of the government — the Executive, Judiciary and the Legislature — is well settled.
When the President defies a court ruling under the guise of security, then he is setting the country on a dangerous path of Executive fiats. Once that is accepted, it easily becomes the routine and no one knows the limit.
At any rate, taking some 10,000 recruits to the college is not a solution. The fellows will have to train for nine months and thereafter require another two years or so to be effective. So, they will not be of any immediate help in the war against terror.
More fundamentally, police officers recruited through a fraudulent process are themselves criminals. They join the force with a dirty hand, are susceptible to bribery because that is their way of life, and can easily allow terrorists in the country and abet worse crimes.
Kenya is at war but there are more sophisticated ways of handling the situation rather than resorting to half and illegal measures.
Allowing fellows, whose recruitment was annulled by court because of fraud, to train as police officers amounts to sanitising crime in the name of fighting terror.

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