THE U.N SPECIAL RAPPORTEUR’S REPORT: DOES IT HAVE ANY MEANINGFUL BEARING, AND WHERE DOES THE BUCK STOP CONCERNING EXTRA JUDICIAL KILLINGS CONSIDERING THE FACT THAT MUNGIKI SECT AREN’T HOLIER EITHER?: By Mungai

……..He came into the country and stirred the muddy waters with a damning report that vindicated and called for he resignation of the Attorney General police commissioner. The outcome of that report on extra Judicial killings has hit beyond the boiling point and the reactions are blowing up like hot steams ejecting from a boiling tight lid pot. The blame game has taken the centre stage as nobody.

The Government has dismissed the report in totality while one partner of the coalition Government has supported it.

The man at the centre of the controversy is. Professor Philip Alston (The U.N special Rapporteur) on extra judicial killings who was in the country on a fact finding mission to assess, compile a report on extra Judicial killing and other crimes against humanity. In one of the U.N Governing council laws any government can invite the rapporteurs to compile any report in their countries.

So here was Prof. Alston with his mission to unravel the complainants about the extra judicial killings which were leveled. His mission seemed like it had been backstage managed and dogged by controversies from the moment he set foot in the country.

His mission was occasioned by numerous complainant leveled by Kenya’s Human Rights Commission, that the moment the Government declared war on the adherents of the outlawed Mungiki sect, their members have been disappearing without trace or executed cold blooded by a special police unit. The bereaved families have joined the fray over the disappearance of their sons in the hands of the police and despite their continued inquiries they haven’t traced them.

In his findings, the special U.N rapporteur received submissions from Human Rights Commission, bereaved families and those who were affected by post election violence. And, as he winded up his mission, he released his fact finding mission report which summed up and submitted that the Attorney General and Police commissioner must resign for their responsibility and allowing the culture of impunity to prevail, among the recommendations.

The damni0ng report illicited mixed reactions from the various quarters in the society, as it became a matter of contencity. To those who challenged the report, they argued that Prof. Alston only dealt with one side of the coin. And, according to them the U.N special rapporteur should keep off with his criticism and paternism. Whatever our problems and shortcomings, our country and leadership deserves respect. They further argued that he should next board a plane to Mogadishu or Darfur and file reports to killings there.

But, does the report bears any meaningful bearing, and, where does the buck stops concerning the extra Judicial killings considering that Mungiki aren’t holier either?

The Mungiki Sect have their fair share of blame, they have been blamed in the society for a serial of murders, brutality and terrorizing innocent people as they have taken some villages at hostages as they stamp out their authority.

The extra judicial killings and the devious acts and the devious acts of the Mungiki sect portrays the bigger picture of a society which is decaying which don’t have the respect for life.

Also, Prof, Alston’s report has raised a very serious question of impunity. The current controversy over the report is yet another reminder of the overdue reforms we need in this country. There is a message that should not to be glossed over by officialdom………..it’s that the police officers have no faith in our courts. Police officers often shoot suspects on grounds that the justice system is flawed. They see shooting to kill as a quick fix solution.

But, what would a policeman do upon finding a criminal he arrested and who was acquitted by a court just two days earlier not only committing the same crime, but also ready to take revenge?

While I do not support extra judicial killings by the police we must consider the frustrations under which they do their duties. These are fellow Kenyans who have taken the tough choice of policing the society.

If a police officer who does his work honestly is frustrated by the ineptness of the judiciary and prison department, what do we expect of him faced with similar situation.

Therefore, judicial reforms are urgent to ensure successful prosecution and punitive measures against criminals.

The phenomenon of extra Judial killings regardless of it’s scale and whether affecting people who are perceived to be innocent or not regardless of who perpetrates it, is totally unacceptable in a democratic and civilized society. It must stop and culprits prosecuted, no matter their status and power in the society.

However, allowing armed gangs to roam the land, liberally visiting terror and generally making life impossible for innocent, hapless citizens would be gross negligence by any government.

According to Daily Nation’s Columnist, Macharia Gaitho he asserted that, as we rightfully cry for the blood, let us not forget the blood of those killed by Mungiki and other criminal gangs. It’s not only in backward and despotic states that police break law under the guise of enforcing it. Severe action must be taken against all involved.


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