Kenya Security Laws (Amendment) Bill 2014

Here is a pdf copy of the Kenya Security Laws (Amendment) Bill 2014.

The proposed amendments will, broadly speaking, curtail the freedom of speech and association, and limit media coverage of security related stories. They will also cut into the independence of the Kenya Police Service by granting the president the powers to appoint and fire the Inspector General of Police. Presently an independent commission picks a list of candidates from which the president chooses the IG. Lastly, the law promises to resurrect the position of the all powerful internal security minister with broad discretionary powers.

All in the name of keeping Kenyans safe from foreign terrorists, and themselves.

There are a few good things in the proposed law, including the sections that clarify the roles of the office of the Attorney General and the Director of Public Prosecutions (DPP); and those that limit judges’ discretion in the handling of cases involving terror suspects.

Despite the dubious constitutionality of some clauses in the bill, I bet a majority of Kenyans would support it in a poll. For that we have to thank the recent uptick in terror attacks and fatal communal conflicts. This year alone hundreds of Kenyans have died from such attacks.

That said, if you ask me the problem of insecurity in Kenya is not simply a result of restrictive laws that limit the government’s ability to pursue and prosecute criminals. It is a problem of a corrupt police force that takes bribes from petty criminals, poachers, drug dealers, and terrorists, alike. It is a problem of an increasingly unaccountable intelligence and military securocracy that is both fighting jihadists in Somalia and trafficking in charcoal and other goods, the proceeds of which benefit the same jihadists. It is a problem of an ineffectual intelligence service that instead of diligently doing its homework prefers to carry water for foreign agencies, regardless of the domestic consequences.

And finally, it is a problem of an elite political class that wants to have its cake and eat it. They want a criminal justice system that protects those who steal from public coffers but punishes chicken thieves. A system that protects poachers and drug dealers but nabs terrorists and armed robbers. At some point something will have to give.

Iko shida.

Kismayu Falls, Potential for Consolidation of Gains Still Unclear

Kismayu, the southern Somalia town that was the last holdout of Al-Shabaab has fallen. Kenya Defense Forces (KDF) took control of the town early Friday. It is still unclear what happened to many of the fighters that had dug in to defend the town from KDF and AMISOM.

Somalia recently elected a new president and has shown signs of getting its act together after more than two decades of anarchy.

I hope that AMISOM will consolidate the recent gains and that Somali politicians will seize this opportunity to lay the groundwork for peace and stability moving forward.

I also hope that for KDF’s troubles Somali townspeople in Kismayu, Mogadishu and elsewhere will soon get to enjoy the services and products of Equity, KCB, Uchumi, Nakumatt, among other Kenyan companies. Economic integration of Somalia into the EAC, and similarly South Sudan and Eastern DRC, will be one of the key ways of guaranteeing a lasting peace in these trouble spots and in the wider Eastern Africa region.

More on the developing story here and here. You can also follow updates from the al-Shabaab’s twitter handle @HSMPress.

Photo credit.

Wikileaks: interesting stuff on Kenyan-Somali relations

The most interesting thing to come out of the wikileaks stuff, at least as far as eastern Africa is concerned, is the story on Kenya’s proposed strategy of dealing with the state collapse in neighboring Somalia. According to the leak, Kenyan security chiefs are considering the creation of an autonomous buffer region in Jubaland – the area of Somalia that borders Kenya – kind of like the ones in Somaliland and Puntland. The capital of the autonomous buffer region would be in Kismayu.

Kenya has a sizeable Muslim Somali population and is afraid of fundamentalist Islamism on its doorstep in a lawless Somalia. A stable buffer region in Jubaland would guard against radicalisation of Kenya’s Somali youth in the northeast, on top of checking the proliferation of small arms in the country.

Kenya also might be thinking long term. A divided Somalia guarantees less chances of success for a greater Somalia irredentist movement if peace ever descends upon the entire country.

Ethiopia is not a fun of the idea. The last thing Addis Ababa wants is an autonomous region that can fund Somali separatists in the Ogaden. The region would also have a demonstration effect on Ogadeni Ethiopians who for decades now have fought for real political and economic autonomy from Addis Ababa.

I don’t think this is a bad idea. At this point anything that would bring order to any region of Somalia is acceptable. I have argued before that the Union of Islamic Courts should have been allowed to establish order and then bought off with aid in exchange for a more sober interpretation and application of Sharia law. The whole debate about how bad they were for women’s rights was horse manure. The Saudis aren’t any better.

Regarding Ethiopia’s concerns, Meles and his men should not export their Ogadeni conflict just as much as they do not want Somali warlords to export their own civil war. The rebellions against Addis in Oromoland and the Ogaden are partly due to Zenawi’s stranglehold on power and the faux-ethnic federalism that currently exists in Ethiopia. More on this soon.

somalia: may be we should give the Islamists a try?

Before the US decided to use Ethiopia to invade Somalia, the southern portion of the failed state – including the capital Mogadishu – was largely run by a group calling itself the Islamic Courts Union (ICU). The ICU was into strict Sharia Law, something that did not go well with most of the secular warlords (who were simply out to make a profit from the chaos that is Somalia) and most of the West (read the US). Financed to some extent by Eritrea, (to Ethiopia’s chagrin) the ICU called for a Jihad against the Ethiopian government for colluding with the infidel Americans. Ethiopia’s involvement in Somalia was partly motivated by the Islamist group’s support of the cause for the liberation of the Ogaden, a region of Ethiopia inhabited by ethnic Somalis and which has been the poster-child for irredentist dreams of Somali governments and warlords alike.

And so when the ICU seemed to be gaining too much power than the Ethiopians and Americans would have liked, a decision was made to take them out. It also emerged that the ICU was sympathetic to terrorist elements – inluding the plotters of the 1998 bombings of American embassies in Kenya (more than 200 Kenyans were killed in the attack in Nairobi) and Tanzania. Beginning in July of 2006 Ethiopian troops started moving into Somalia to take out the Islamists – and for some time they succeeded, even enabling the installation of the Somali transitional government in the sleepy town of Baidoa.

But now the Ethiopians have decided to pull out and the Islamists are back. As soon as Ethiopia withdrew, the ICU overran Baidoa and vowed to reinstate Sharia Law. This latest turn of events proves that the ICU is not a mere rag-tag group of bandits. They seem to mean serious business and perhaps it is time the international community took them seriously. Yes they have supported terrorists, but that can be changed by a stroke of a pen on a cheque book. They support the terrorists because the terrorists fund them. I am sure they can be co-opted into the global force for good in exchange for their restoration of order in Somalia.

And about Sharia Law, why should the US and the rest of the international community complain so much while it is the norm in Arabia and the gulf? What makes it different when the Somalis do it? I am all for respect for human rights and all, but I think it is imperative that global do-gooders (and all of us who believe in sensible liberalism) realize that justice is political and therefore should be pursued with regard to the particularities of the societies involved. A realistic approach to Somalia ought to allow the Islamic Courts to be if they can guarantee order and some semblance of  a state in exchange for some cash and a promise not to fund or harbour terrorists. America and Ethiopia must accept the fact that the ICU has some street credibility among Somalis. This is no time for ideological struggles. Somalis have suffered enough.