The return of killer squads, extrajudicial killings and abductions

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Police in plain clothes and on top of unmarked vehicle patrol Nairobi's Kenyatta avenue during the anti-government protests on August 08, 2024. [Collins Kweyu,Standard]

Tabitha Mwaniki, 37, says she feels more unsafe walking in her own country today than she did two years ago before the current administration took power.

Tabitha is the mother of Winfrey Wairimu, a 16-year-old Form Three student who was shot in the abdomen during the anti-tax protests in June. Two months later, Wairimu is finally returning to Mathaithi Secondary School in Mathira Constituency, Nyeri, but she still wears a catheter. Doctors have cleared her to resume classes.

Wairimu, an ambitious teenager, is a casualty of a violent police-civilian confrontation she wasn’t even involved in. She narrowly escaped death.

“There are nights when I don’t sleep at all. The sounds of gunfire ring in my head, and I dream of my little girl calling out to me. I feel helpless because I can’t guarantee her safety. This incident has changed my life. I no longer feel safe in my own country,” Tabitha, a food vendor at Githurai told The Standard.

This is not the country the current administration promised Wairimu, her mother, or millions of Kenyans two years ago when it took power.

The Kenya Kwanza government rose to leadership with a commitment to rebuild the country on the foundations of the rule of law and respect for human rights. A nation every Kenyan could be proud of.

During his inauguration on a day like today September 13 two years ago, President William Ruto attributed misses in homeland security to the police service lacking financial independence which he had a solution for.

“As required by Article 245 of the Constitution, the Inspector-General of Police is mandated to exercise independent command over the National Police Service.” Ruto said and added, “The services’ operational autonomy, however, has been undermined by the continued financial dependence on the Office of the President. This situation is going to change. 

“As I address you, I have instructed that the instrument conferring financial autonomy to the National Police Service by transferring their budget from the Office of the President and designating the Inspector-General as the accounting officer, be placed on my desk for signature.”

Today observers speak of a different matter that is opposite of the promise.

“Nothing is more painful than watching a young girl go through so much. I honour Wairimu’s resilience, but I wonder why, despite all the cases we’ve documented, not a single police officer has been held accountable,” observes Hussein Khalid, from the human rights group Vocal Africa.

Some, like Thirdway Alliance Kenya party leader Dr Ekuru Aukot, believe the country’s democracy and freedoms are deteriorating.

“I was part of the team that drafted this Constitution. One key takeaway from the public was to transform the police from a force into a service. What we’re witnessing now is the exact opposite. We’ve regressed to a force,” says Dr Aukot.

According to a survey by Trends and Insights for Africa (TIFA) conducted in July, three in four Kenyans believe the police used excessive force during the Gen Z-led protests. The poll showed 75 per cent felt the police were too heavy-handed, while only 17 per cent felt the force was appropriate.

“Police don’t just shoot from anywhere, they receive orders from certain quarters, the leadership of this country owes us answers, did we elect them to kill us?” questions Edith Wanjiku, whose son Ibrahim Kamau was killed during the mayhem.

Vocal Africa has documented 66 deaths and hundreds of injuries from the protests.

“It’s disheartening that those who committed these heinous crimes are walking free. No one has been apprehended, even in cases with hard evidence. It’s appalling that the very people tasked with upholding the constitution are its biggest violators,” Khalid says.

The Gen Z protests that erupted across Kenya became a litmus test for the Kenya Kwanza administration on how its security apparatus would handle civil unrest. Police brutality, abductions, and attacks on journalists became the order of the day.

The scale of the protests and their aftermath led to the resignation of the Inspector General of Police, Japhet Koome, and the dismissal of some cabinet members.

Nairobi-based security consultant Chris Otieno believes Kenya’s security system needs a complete overhaul.

“What we are seeing is trial and error, and it’s been this way for the past two years. Our security is run by people with no background in security administration, which explains the many missteps we’ve witnessed. This speaks volumes about the leadership,” says Otieno.

Cracks at the apex of the National Security Council (NSC) became evident during the protests. Deputy President Rigathi Gachagua publicly criticized the National Intelligence Service (NIS) for being dysfunctional and called for the resignation of Director General Noordin Haji.

“It doesn’t portend well for the country when you have the top people in the Security Council reading from different scripts,” notes Otieno.