Kenya, like many other countries around the world, is facing terror attacks in and around its boarders. As far as leading a campaign against war on terrorism in fighting the Al shabaab in the horn of Africa, Kenya has suffered damages; in that many lives have been lost, other injured and properties destroyed.
Following the terrorist attacks in the country such as the Westgate mall attack in which 67 people were killed, June 2014 attack in Lamu, Mpeketoni which led to 68 deaths, November bus attack in Mandera killing 28 people, December 2014 attack in Mandera in which 36 quarry workers were killed and the April 2015 attack on Garissa University College in which 148 students died; the government embarked on abusive counterterrorism operations against the Muslim Somali Community such as arbitrary arrests, extortion, theft and looting of businesses and homesteads, sexual harassment, arbitrary detentions, illegal deportations, torture, inhuman and degrading treatment.
Thereafter in 4th April 2015, a list of individuals, businesses and organizations were associated with terrorist groups in what seem to be the wrath of the government in trying to silence the human rights organizations that were seeking justice for the human rights violations that were done by the security agencies who were abusively conducting their counterterrorism operation. Most of the organizations were deregistered as others had their accounts frozen in order to stop their operations; without any investigation to the allegations against them or a chance for them to defend themselves.
Now, the target of the abusive counterterrorism operations has shifted from; Muslim Somali Community, businesses and organization to individuals of suspected terror attacks who are now the new victims of arbitrary arrests and detention, enforced disappearances, torture and extrajudicial killings. Report from the Human Rights Watch, Missing Voice among other organizations have showed that this abused is done by a combined effort of the Anti Terror Police Unit (ATPU), National Intelligence Service (NIS), Kenya Defense Forces (KDF), Kenya Wildlife Services (KWS), County Commissioners, Deputy/Assistant County Commissioners, Chiefs and various units of the National Police Service.
Their reports have documented over 200 cases of enforced disappearances, 500 cases of extrajudicial killings and more than 200 cases of human rights violation in scenarios that are well coordinated and conducted by top security officials. Many who have been released after these kinds of abduction have narrated the brutal torture while in detention by sustaining serious physical injuries as well as psychological trauma through methods that are meant to inflict a permanent chronic pain and suffering. These methods include mob beatings, waterboarding, electric shocks, genital mutilation, exposure to extreme cold or heat, hanging on trees, and exposure to wild animals like crocodiles, denial of sleep and food and in most cases death and dumping of the person.
The government has to shift from abusive counterterrorism operations to effective counter-terrorism operations that will be productive and welcomed by the public. Abusive counterterrorism operations are undermining the campaign against terrorism and extremists because local people are being coldshouldered and sometime treated as suspects by the security agencies rather than being engaged to help in giving vital information to fight terrorism and extremism. Using the old 1900s nyayo tack tick in today’s context is counterproductive and a pure waste of public resources. Torture, abductions and extra judicial killings is impunity and a violation to the rule of law.
