AFRICA CENTRE FOR OPEN GOVERNANCE

POLICY DIALOGUE
Kenyas Security Dilea! Res"#n$in% t# t&e risin% t&reat
C#nce"t N#te
Intr#$ucti#n!
In the recent past there has been increased insecurity in Kenya with marked escalation in cases of
robbery, muggings, kidnappings, poaching, car-jackings, cattle rustling and murders across the
country. Increased inter-ethnic and intra-ethnic conflicts in, among other places, Moyale, Isiolo,
Pokot, Turkana, aragoi, and ungoma ha!e claimed e!en more li!es while gang-related
killings ha!e become rampant. Indeed a recent sur!ey shows that one out of e!ery three Kenyans
thinks the administration of President "huru Kenyatta and his deputy #illiam $uto has
performed dismally in keeping Kenyans safe from thugs, terrorists and other outlaws, who ha!e
wreaked ha!oc in the country in recent weeks.
%
Topping the list of security concerns is the numerous terror incidents in the county with grenade
attacks in restaurants, nightclubs, public transport !ehicles and termini, police stations, on the
streets and in churches especially in &airobi, Mombasa and 'arissa. The de!astating (eptember
)*%+ attack on the #estgate Mall, in &airobi, lasted almost , days, lea!ing o!er -. people dead,
%.* people injured and at least +/ unaccounted for.
0f most concern is that the security forces increasingly appear helpless, uncoordinated and
unable to effecti!ely deal with the country1s security threats. The #estgate attack and its
aftermath are symptomatic of a security apparatus that is seemingly out of its depth. $eports
indicate that the both local and international intelligence ser!ices had warned beforehand of
impending attacks, including possible targets and dates, but that intelligence was not acted upon.
)
#hen the attack took place, the initial response by the police, who allegedly had contained the
1
Poll: Most Kenyans worried of insecurity, The (tandard &ewspaper, % 2ebruary )*%, - http344www.standardmedia.co.ke45
articleI67)***%*+-+.8story9title7poll-most-kenyans-worried-of-insecurity
1
attack, was thwarted by the Kenya 6efence 2orces s:uad whose inter!ention led to the killing of
the police officer commanding the '(" $ecce (:uad on the ground in ;friendly fire<. The mall
was besieged for another three days during which some K62 officers looted property belonging
to shop owners.
+

The state1s failure to guarantee the security of Kenyans is a gra!e !iolation of the responsibility
to protect and of Kenyans1 constitutional right to security. The rising insecurity has left the
Kenyan public feeling e=tremely !ulnerable and at the mercy of criminals. The public is
therefore largely supporti!e of the go!ernment1s response to insecurity despite such response
being largely reacti!e, sporadic, piece-meal and lacking the strategic coherence that could deli!er
sustainable security outcomes for the country. >iable policy options for sustainably addressing
insecurity are urgently needed.
'atters #( c#ncern!
#hile the state1s response to the rise in insecurity has been largely militaristic ?see below@, this is
an o!ersimplification of the security challenges facing the country, which completely ignores the
role of bad go!ernance in creating the conditions that allow insecurity and the failure to deal with
them.
,
According to Transparency International1s Kenya ribery Inde= the Kenya Police has
consistently remained at the top of the list of the most corrupt institutions in Kenya.
B
The
Immigration 6epartment also consistently is among the top fi!e most corrupt departments.
-
The
corruption in these two critical institutions coupled with Kenya1s porous borders makes the
country prone to infiltration of criminal groups from neighbouring countries and the proliferation
of small arms and light weapons. It also makes Kenya1s ill-organiCed security sector one that is
not able to respond effecti!ely to pertinent security matters.
(ecurity sector reforms which were intended to address the go!ernance and structural issues
affecting the security sector ha!e not been effecti!ely implemented.
.
There is a lack of
coordination between national and county go!ernments in fighting insecurity. Kenya has also
been identified as a country prone to money laundering and the engagement of wealthy
businessmen and politicians in transnational crimes. Politicisation and ethnicisation of insecurity
2
Kenyan officials warned of D#estgateD attack3 Eeaked intelligence file indicates top leaders knew of Dincreasing threat of
terrorism1 days before mall assault. - http344www.aljaCeera.com4indepth4features4)*%+4*/4kenyan-officials-warned-westgate-
attack-)*%+/)/%)).+.%)F/+*.html
3
(ee, Ruto Admits KDF looted Mall, The (tar &ewspaper, )+ 0ctober )*%+ - http344www.the-star.co.ke4news4article-
%,*-B+4ruto-admits-kdf-looted-mall
4
(ee, Games 'ondi, Why Westgate Is About Goernance !ut "ot #ecurity $r %he I&&, http344www.africog.org4content4why-
westgate-about-go!ernance-not-security-or-icc
5
(ee for e=ample Transparency International H Kenya, The Kenya ribery Inde=, +* Guly )*%+, which shows the Kenya Police
as the most corrupt institution with a score of -F.. out of %**. http344www.tikenya.org4inde=.php4kenya-bribery-inde=
6
Ibid.
7
(ee for e=ample, Why Police 'etting Is Almost Fatally Flawed, The (tar &ewspaper, %B 2ebruary )*%, - http344www.the-
star.co.ke4news4article-%BB+/B4why-police-!etting-almost-fatally-flawed
2
issues further add to the go!ernance challenges that undermine effecti!e realiCation of the
country1s immediate and long term security goals.
The situation is e=acerbated by a bulging youth population that is not well educated, has limited
job opportunities and is increasingly !ulnerable to recruitment by forces sowing insecurity in the
country. (uccessi!e go!ernments ha!e been unable to formulate ade:uate policy responses to
this critical challengeI the establishment of funds such as the "weCo 2und and KaCi kwa >ijana
and other such discrete programmes cannot be regarded as more than band-aid solutions.
Reacti#n #( t&e State!
Article )+F of Jonstitution of Kenya, )*%*, obliges the Inspector 'eneral of Police and other
national security organs to promote and guarantee the security of Kenyans subject to the
Jonstitution, and with utmost respect for the rule of law, democracy, human rights and
fundamental freedoms. In this regard, the actions of the national security organs in trying to
address Kenya1s security challenges raise their own concerns.
The go!ernment1s response to security threats has remained largely ineffecti!e and this can
largely be attributed to its lack of attention to the go!ernance fundamentals encumbering the
sector) The opacity surrounding the way in which security responses are handled locks out the
citiCenry from effecti!ely contributing to ad!ancing security in the country.
The state1s response has been largely a militaristic one, de!oid of the social and economic
elements that would ha!e the potential to address some of the grie!ances that moti!ate insecurity
and terror. $esponses ha!e included e=trajudicial killingsI raids in places of worship such as
mos:uesI the ethnic profiling of groups of people, especially (omalisI the mass arrest and
detention of persons in deplorable conditionsI and deportation of persons without following due
process. These responses ha!e been criticiCed for demonstrating serious shortcomings in terms of
strategy, ethos, organisation and coordination of the security forces, planning, training,
infrastructure and e:uipment and effecti!e in!estigations, among other things.
F

*ay (#r+ar$ an$ Planne$ Acti,ity!
In contrast to the traditional !iew that security is the preser!e of official organs and that ordinary
citiCens can ha!e no say in it, it is clear that security is a concern and a responsibility of e!ery
Kenyan. In order to inform the de!elopment of effecti!e and sustainable security sector policy
options the nature of security threats against Kenya need to be fully understood. 0nly then can
8
(ee, Insecurity: Why methods( tools are a let)down, The (tandard &ewspaper. April )*%, - http344www.standardmedia.co.ke45
articleI67)***%*FF/-8story9title7insecurity-why-methods-tools-are-a-let-down4
3
the state1s actions with regard to security be analysed and alternati!e feasible policy options
offered.
The public needs to be informed and educated about security and allowed to debate and inform
the policies shaping and guiding this sector. This would ensure that the opinions and policy input
of members of the public are cogniCant of the realities of the sector. It would also enable them to
monitor the state1s security actions and respond to them appropriately.
In light of the foregoing, the Africa Jentre for 0pen 'o!ernance ?AfriJ0'@, whose mandate is
to pro!ide cutting edge research and monitoring on go!ernance and public ethics issues in both
public and pri!ate sectors so as to address the structural causes of the crisis of go!ernance in the
country, will hold a policy dialogue on the theme3 Kenyas Security Dilea! Res"#n$in% t#
t&e Risin% T&reat.
The objecti!e of the policy dialogue will be to e=amine the state1s response to the security
challenges that Kenya faces and to contribute to the de!elopment of appropriate policy responses
for the Kenyan situation, which are effecti!e while not in !iolation of human rights and the rule
of law. The policy dialogue will be held through a half-day meeting on Fri$ay- .
t&
'ay /012
(r# 3)00 a)) t# 1/)40 "))

4