Police killing of protesters haunts Kindiki

Prof Kithure Kindiki,nominee for the Position of Interior & National Administration CS before the Committee on Appointments at the Mini Chambers, County Hall, Nairobi. August 1st ,2024 [Elvis Ogina, Standard]

Interior Cabinet Secretary nominee Prof Kithure Kindiki was confronted on Thursday by the ghost of police killings of protesters when he met the parliamentary committee vetting him.

The former Interior CS evaded responsibility for incidents of police brutality, laying blame on the National Police Service (NPS), whose conduct during the protests he would praise.

Kindiki told the National Assembly Committee on Appointments that he was only in charge of offering policy directions to the NPS, arguing that command responsibility rested with the Inspector General of Police.

"Ministers don't instruct operations. They instruct policy. I can only resign if my policy instruction is unconstitutional," Kindiki told the Speaker Moses Wetang'ula-led committee, even as he promised to hold accountable overbearing officers if reappointed to the Interior ministry.

He fielded tough questions, mostly from lawmakers from the Minority Azimio coalition, who felt that he should be held responsible for the police's high-handed response to peaceful protesters.

Over the last month, police have faced criticism for killing, injuring and abducting protesters. According to some civil society groups, the death toll from the youth-led demonstrations, has hit 60, with more than 400 persons injured. More than 70 people died in opposition protests last year.

Over 1,000 demonstrators have been arrested over the recent demos, amid condemnation from various quarters. United States Secretary of State Anthony Blinken recently told President William Ruto to ensure accountability, even as he urged for respect of civil liberties.

Keenly watching

On Thursday, the US embassy in Nairobi said it was keenly watching the vetting process. In a statement, the embassy said, "As Kenyans look ahead to the vetting of Cabinet nominees beginning today, we recognize the importance of integrity in public service and the National Assembly’s vital role in upholding Chapter Six of Kenya’s Constitution."

The prospective Interior CS said, "Every death that occurred must be accounted for... The process of putting together criminal investigations, including forensic evidence cannot be rushed...I believe IPOA should help the country get closure." 

While terming protesters who breached Parliament in June as "criminals" who he said, without providing evidence, wanted to kill Members of Parliament, Kindiki defended the deployment of the Kenya Defence Forces, even as he admitted they have not been needed.

He, however, proposed regulations to govern protests in future saying that he had finalised them before he was dismissed last month. Among the rules include protesters giving their total number beforehand and creating picketing zones.

"...(The regulations) will also obligate public institutions and all arms of government to designate an area within their precincts or vicinity where the group of protesters who want to present their petitions can stand, demonstrate and present petitions," stated Kindiki, who argued that the regulations would facilitate, "not curtail" the right to protest.

The former CS also faced questions about his legacy, marred by incidents of mass deaths, such as the Shakahola massacre and the recent discovery of bodies at the Kware garbage dump in Nairobi's Mukuru slum.

"How is it possible to have... 20, 40 people killed around one area in the full view of security and administrative structures?" Majority Leader Kimani Ichung'wah posed.

Although he deflected blame over the Shakahola massacre, Kindiki admitted to intelligence lapses and said he would overhaul the National Government Administration structure to make it more responsive to handle crimes of a similar nature.

"The Shakahola incident didn't happen when it became public. It happened over quite a number of years and it is an indictment on our ability as a country to prevent some of these sophisticated crimes... the public officials who were in charge should have their day in being made accountable," said Kindiki.

The question of identification cards with expiry dates also came up, with the CS justifying the move as aimed to ensure seamless upgrade of security chips fitted in the new cards.

"Technology keeps on growing old and that is why we have a ten-year timeframe," he said.

He defended his legacy at the ministry, highlighting achievements in combating banditry in the North Rift and streamlining passport issuances.

The nominee said he would prioritise what are considered the biggest threats to the nation which include terrorism, organized crime and banditry if reappointed.