Bill seeks to have security agencies operate under single command

Attacks believed to be linked to terrorism have become common in Nairobi’s Eastleigh estate.  [PHOTOS: FILE/STANDARD]

By JACOB NG’ETICH

Kenya: With the growing threat of insecurity across the country, legislators are fine-tuning a Bill that will ensure sharing of information between different security agencies is guaranteed.

The National Emergency Security Bill, 2014, that seeks to house all security operations under one roof will soon be presented to Parliament, its sponsor Senate Majority Leader Kithure Kindiki says.

Modelled along the lines of the Homeland Security laws in the US, the Bill seeks to create the National Security Emergency Service, which will allow for a multi-agency approach in the investigation and surveillance of security threats.  

It is envisaged that this new security agency will replace the National Security Council, which brings together the President and heads of security-related institutions, which experts now say lacks a clear mandate to effectively deal with present security challenges.

The Bill, if passed, will create a multi-sectoral security agency that will bring under one umbrella all security arms, including the Kenya police, the military, National Security Intelligence Service and the Immigration departments.

The National Security Emergency Service to be headed by a Director General will bring together a Cabinet Secretary, who will be the chairperson, and will include the Attorney General, Chief of Defence Forces, Inspector General of Police, Director of the National Intelligence Service, Director of the National Immigration and Foreign Service.

Others in the service will be the Director of Criminal Investigation Service, chairperson of the Council of Governors and the Director of Public Prosecution, the Bill proposes. According to the copy of the draft Bill, the department would bring convergence in the security apparatus and transform it into one-stop shop where information is more readily shared. 

Westgate lessons

Before the Westgate attack, it was reported that various arms of security had information which may have forestalled the attack had information been shared in good time.

This is the kind of loophole the new service seeks to seal— it will undertake operations to prevent, stop or contain emergencies that threaten to the social and economic wellbeing of Kenyans, says Kindiki.

“For long, we have been reactive to security issues. The new department is designed to help pre-empt security threats and thwart them before they occur. This will help make Kenya safer,” he says.

It has been designed to help efficiently co-ordinate emergency responses to terrorist attacks, major disasters and other emergencies by identifying strategic priority areas that require coordinated attention.

The department will allow for the sharing of information on intelligence and immigration which is quite deficient under the current arrangement, says Kindiki.

The Senate Majority Leader says the new department would create a convergence on security information sourced from the police, the intelligence agencies and immigration department under one body.

Emergency response

Kindiki said that if the Bill goes through, then the service would provide emergency response service to terrorist attacks and other man-made and natural disasters. It will also undertake surveillance operations to prevent terror attacks.

“The service will act as a focal point to coordinate and deal with emergency situations that cause a serious threat and danger to national security and also ensure that the economic security of Kenya is not compromised,” he explains.

Effective management of security operations has needed review for some time, especially on information sharing, experts say.

“Communication is more effective when the country has one spokesperson on issues of security. Currently, different agencies tend to provide conflicting information because they are not talking to each other, security analyst and director of African Centre for Security Studies Simiyu Werunga says.

Former Criminal Investigation Department (CID) boss Francis Sang said any form of intervention designed to improve the level of security of the country is welcome.

Contrary views

However, some have opposed creation of another layer to deal with security matters.

Lagdera MP Mohamed Shidiye said the new service was unnecessary because there were numerous institutions mandated to handle security matters and, therefore, creation of another commission was duplication of roles.

“We are now engaged in police reforms, there is the NIS and their mandate is clear. Why should we add another structure? That is unnecessary. As they say too many cooks spoil the broth,” said Mr Shidiye. “Basically, it is untimely and we do not want to create a police state. Let every institution be properly equipped to play its part,” he added

The Kindiki Bill will be novel in that it is coming from the Senate. According to parliamentary procedure, a Bill can be generated by any of the two houses — National Assembly or the Senate.

This particular one has been generated by the lower House, which after discussion may be forwarded to the National Assembly for possible amendments, before being returned to the Senate for adoption.

One of the latest legislations generated by the Senate that has undergone such procedure is the National Flag, Emblems and Names Amendment Bill, 2013, sponsored by Kakamega County Senator Bonny Khalwale.