THE GOVERNMENT TO COMPESATE FAMILIES OF BUNGOMA KILINGS.
BY LUKE KAPCHANGA
BUNGOMA-KENYA
The blood of more than twenty people
killed in Bungoma and Busia is on the hands of those in government.
The widespread and systematic killings
, which took almost three weeks to be contained speak of one thing-
government failure in preventing and detecting crime.
President Uhuru Kenyatta on Thursday
May 16, while meeting top security chiefs pledged to support the
police to enforce law and order.
The president was quoted, “ We will
ensure police officers are sufficiently facilitated to enable them
perform their duties effectively and in a dignified manner”.
While a week earlier, inspector general
of Police David Kimaiyo promised a bounty of Kshs. 100,000 for
information leading to the arrest of members of the gang terrorizing
villagers.
Imagine shs. 100,000 for 17 deaths by
attacks, 8 lynched by the mob and more than 100 nursing injuries in
hospitals.
When one divides the amount of money
promised to get information with the number of the victims, then you
realize the value the government put on these Kenyans.
On his part the president never
mentioned anything with the dead or the injured, as affected families
lost more than one of the bread winner.
Article 3 of the Universal Declaration
of Human Rights( UDHR), says everyone has the right to life, liberty
and the security of persons.
Mr. President, the families of the
victims want an answer from you!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
From a human rights angle, the basic
function of the government is to maintain peace and security within
its boarders.
Article 245 of the constitution
establishes the National police force whose overall command is
exercised by the inspector general.
Police are one of the means by which
government fulfills this function as law enforcement is significant
organ of government.
Another basic function of government is
to ensure that it meets its obligation under International Law to
promote and protect the human rights of the people within its
jurisdiction.
In policing, the promotion and
protection of human rights requires close attention to be paid to
detail aspects of command, management and administration of the
police.
Police are accountable to government
and the public they serve and policing activities are subject to
judicial and legal supervision.
Fundamental principles in policing are
respect for, and obedience to the law, respect for inherent dignity
of human person, which is respect for human rights.
Essential principles are that law
enforcement officials shall at all times fulfill the duty imposed on
them by law, by serving the community and protecting against illegal
acts, consistent with high degree of responsibility.
The United Nations , General Assembly
resolution 34/164 of 17 December 1979 on the code of conduct for law
enforcement officials adopted , “ Every law enforcement agency
should be representative of and responsive and accountable to the
community as a whole”.
The code of conduct demands that police
are to be commended and managed in accordance with the principle of
responsibility.
Hence they are to be held personally
responsible under law for their own acts or omissions, as their
function is to prevent and detect crimes.
Police leadership is not a desk job, a
commander is to be in close contact with the realties of operational
policing, the feelings and concerns of the community they serve and
those they command.
There is also an established and
enforced strict guidelines for record keeping and reporting on the
activities of the community they serve.
With the Bungoma killings, the gangs
entered homes singing claiming to have apprehended thieves, only to
turn against people with sharp objects.
The attackers were said operated in
groups of 10 to 15, armed with axes, machetes, spears and other
crude weapons.
Take the case of Bungoma Business man
Timothy Nyongesa who was killed early evening , in a 30 minute raid
at his home which is almost a kilo metre away from the regional
police headquarters.
The government has to give answers to
the close family relatives of those killed by the gangsters or maimed
and nursing injuries.
Because the government in under
obligation, in International Human rights Law not only to refrain
from violating individuals right to life but they also have a
positive obligation to protect the enjoyment of that right.
As non- state actors engage in a
pattern of killings and the state responds inadequately , the
responsibility of the state is engaged.
The deputy president William Ruto was
in Bungoma and then later in Mandera, pronouncements made by him
points to one direction- inadequate response by the police in contain
the violence.
Frenchman Jean Bodin once said that in
a democracy, there is always chronic disorder with less real liberty.
Are Kenyans to be made to believe that
without directives from the deputy president, police reinforcement
can not be done , more vehicles can not be dispatched to crime prone
areas and reporting mechanism can not be perfect .
The killings in Bungoma carry the hole
marks for crimes against humanity.
Article 7 (1)(a) of the Rome Statute on
crimes against humanity of murder, the elements of the crime are
that the perpetrator killed one or more persons, the attack was
widespread or systematic against a civilian population.
In Bungoma and Busia we have got 17
innocent lives lost senselessly, in a widespread and systematic
pattern against a civilian population.
We have seen politicians engage in
blame game, name calling, and making demands for transfer of the
police who have overstayed .
The political statements and police
calling on the public to provide information , is not part of giving
the answers needed by relatives of the victims to know the cause of
the death or suffering of those in hospital.
Material evidence by police
investigators should help to reconstruct and correctly interpret the
evnts of the crimes.
By thoroughly documenting and
recurrences, investigators have the ability to establish the evidence
which reflects a pattern of intentional behavior.
So far, the type of observations
gathered can help in reconstructing the events of the crimes to link
suspects to the criminal acts.
