Wednesday 12 November 2014

THE STATE OF THE STATE



The state of the State is in a state of distaste. Any legal scholar will tell you the main reason man entered into society by the social contract and submitted himself to a government is for security; security of property and life. The moment the government fails to offer security it is considered a failed state. The lawless attack in Kapendo, Nyali and Malindi a few weeks ago makes thinkers ask: Is Kenya a failed state? One characteristics of a failed state as per Max Weber is the inability, by the government to physically control its territory and loss of its monopoly, on the legitimate use of force(weapons) and once it uses these force it is answerable to no-one. In other words the government should be the only body with the ability to use, threaten or authorise physical force against residents of its territory and the only body that should be feared.
In Kenya, it seems we have so many “governments” that command a lot of fear and are able to use, threaten and authorise physical force against citizens. It can easily be said that these groups are legitimately using force against citizens since none of these groups has ever been brought to books, think of Suguta Valley, Baragoi, Samburu County attack where over 40 men in uniform were massacred, also in Tana river conflicts where around 100 Kenyans were massacred, think of the Westgate attack where at least 67 people were killed and think of Mpeketoni attack where more than 60 people were killed these is but just to mention few. The most disgusting thing about these all attack is that no one who pulled the trigger has been brought to justice and that no lessons have been learnt form past attacks since the attack continue happening in similar manner ending with no prosecution of the attackers.
Well, let me first congratulate the Kenya Navy Force at the 17 Kenya Rifles Barracks in Nyali for sending six of the attackers to the cemetery who decided to take a suicidal mission of attempting to attack a barrack, the soldiers sent a message that it is not a joke to make a joke out of the government by attacking a barrack, though we regret that one soldier was hacked and was seriously injured.
Now, what if the Barrack was a village where there is no fence, no armed guards, and no 24 hour watch by armed guards. Would there have been any survivors? The barrack was attacked and it is where the best boots on the ground are yet out of the at least 20 attackers only six were sent to the cemetery and the rest escaped in the eyes of the armed forces. Also note the youth were in black uniform which consisted of black t-shirt and trouser and a sky-blue ribbon, they attacked in an organised way since as others distracted the army at the gate others attempted to climb the fence, they also attacked at 5:30am when the night guards shifts with the day guards when they are likely to be laxity at the gate. These means one thing that the gang had time to plan everything and we can say though their intentions are not known we can say they succeeded because at least majority survived and run to the bush.
So, where was the National Intelligence service when all these intensive plans happened? Have the paramilitary gangs become more intelligent that the expensive, equipped and heavily funded National Intelligent Service?
A gang also made up of at least 20 men attacked on administrative Police Camp at Malindi almost at similar time at 5:30 am and during the attack they were organised just as the group that attacked the barrack as one group battled the police another destroyed property and again I ask, where was the intelligence when all these plans tool place?
In Turukana County at Kapendo 21 Police offices lost their lives, their fire arms and uniform of the slaid offices was taken by the assailants and so far only six fire arms have been recovered and no one who pulled the trigger has been arrested.
I think it is a high time the people charged with responsibility of security wake up. I have been observing closely how government has been responding to issues of insecurity and I always wonder how comes when a killer brew kills local people a local chiefs goes home and when more than tens of police officers and hundreds of Kenyans lose their lives no person goes home. Why? Which is more serious?
After the Mpeketoni attack, the commander in chief of the armed forces, Mr. Uhuru Kenyatta called a press conference and said that the attack was done by local leaders an ethnic grounds and was politically fuelled due to Land conflicts, he latter again denied that statement later and said it was an act of terrorism by Al shabab. This show there is a great confusion, that the man in charge of the Nation Security and all armed forces does not know what had happened and was speaking form a point of an ill-informed person. Then what the difference between a security officer and a civilian if we all have no information?
For years Kenya has experienced Security challenges and security authority talk tough and give orders that are unreasonable and unrealistic and which are never achieved. During Mpeketoni attack Ruto said that “those who want to test the government resolve to protect our people and officers should know they will not escape” and he also gave a warning to commanders in Lamu County and a 48 hour ultimatum to arrest perpetrators. The sad thing is that the attack is still continuing and you wonder what are these orders that the government is giving. If a government officer speaking on behalf of the government gives an order which they cannot enforce, how can we trust their ability to protect citizens?
In Kapendo attack I do appreciate Kenyatta for responding fast and going to Turukana. Kenyatta gave a statement similar to the one he gave  after the Mpeketoni attack saying that criminals who killed the officers are well known and they at twill not rest until they are brought to book he proceeded to say that those dividing Kenyans  along ethnic lines will be dealt with. He gave an ultimatum that he be given the names of the people behind that attack. These order similar to that of Mpeketoni attack was never reacted to no names no arrests of the people behind the guns that killed the innocent Kenyans. More so if the people are already known, why ask for their names? Just go and arrest them and the legal system will prove them guilty or innocent.
In Turukana guns will always be there, if there is no proper security to protect people and their property then they will have to find a way to do that by them. Yes you will take the army which will take all guns and once the army gets out of that area they will buy other guns and the insecurity will continue.
It is a high time the government gets serious with the security, arresting local leaders for incitement and then latter on they are realised since they are innocent does not solve the issue. We want the people who pulled the trigger getting crushed and serving an example to the rest. We want to see the government providing security before, during and after an attack happens.
Security, law and order are the first brick to lay in the foundation of civilised state. Without which all vision is a mirage and there is likelihood that Kenya will be an anarchy where lawlessness is the order of the day. Government should increase the boots on the ground and the ears on the ground

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