GOVERNMENT TO COMPESATE FAMILIES OF BUNGOMA KILLINGS.

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.