National Intelligence Service (NIS) Director-General Noordin Haji.
There are conversations that should not be happening in a country that prides itself as a beacon of peace. Neither should it be happening in a country that believes it is guided by the rule of law and one of the most progressive constitutions, at least in Africa. Yet, abductions and extrajudicial killings have become part of the lingua franca in Kenya and gaining more traction.
Kidnappings are hitting headlines in both local and international media. Extrajudicial killings have been normalised—Kenyans who lost their loved ones in this way know not to expect their return, get justice for them or expect commitment from the government that it won’t happen again. The despondence of Kenyans over failures by security agencies to keep them safe from internal and external threats is discernible from their unwillingness to trust the police and now the National Intelligence Service (NIS).
NIS has one job to do and it has failed many times to do it as expected. All that is required of NIS is to collect intelligence and offer timely advisory on security to thwart any threats to citizens of Kenya or the country. It is under their watch that extrajudicial killings happened unabated. It is also under their watch that Kenya experienced one of the worst massacres in Shakahola forest. We are now experiencing kidnappings and murders while NIS is silent on the matter. If anything, it is now implicated as being behind the kidnappings.
Kidnappings
It may be just rumours, but for NIS to be associated with such a crime and breaching Kenyans’ security, speaks volumes of its management, modus operandi and the motive of NIS. The latest claim of NIS’s involvement in kidnappings came from none other than a Cabinet secretary whose son became part of the statistics on those kidnapped.
The NIS’ alleged involvement in the kidnappings has taken both political and tribal angles, and this is not a position that the agency should ever find itself in. As a national body tasked with keeping the country secure through intelligence gathering, it should be above manipulation. The NIS draws its mandate from Article 242 (a) of the Constitution, which simply and plainly says NIS “is responsible for security intelligence and, counter intelligence to enhance national security”.
If NIS is found snoozing as bodies turn up in rivers and streets, then it has failed in its mandate. If hundreds of bodies are buried by a single cult without the NIS catching even a whiff of such a gory incident, then it has failed in its mandate. If Kenyans of all cadres and foreigners are kidnapped with impunity and even murdered, then NIS has failed in its mandate. Politics and tribal sentiments are just a sideshow to mask the failures at NIS. To even suggest that there might be political manipulation that led to NIS being involved in kidnappings, is to suggest that NIS is heavily compromised and cannot be trusted to secure the country.
If ever there was an institution that should be above any type of manipulation, it is NIS. If allegations made even by those in government, such as former Deputy President Rigathi Gachagua and Public Service CS Justin Muturi are true, then there is need to rethink the whole security apparatus from top to bottom. No country could ever be secure when there are allegations of manipulation and influence of its apex security organs.
Violation of human rights
The allegations made against NIS of being involved in violation of human rights are worthy of investigations. The idea that NIS or any other top security agency can be engaged in the violation of human rights and that, by their secretive nature, they cannot be held to account, is anathema. The mandate of security agencies is to keep the country secure as per the Constitution, not be part of an arm that is involved in violating of the rights of the citizens. There is no article of the Constitution that suggests bodies such as NIS should not be held to account for violation of human rights The Secrets Act is crucial in helping the work of the security agencies and that of the government, but it does not give them carte blanche to trample on the rights of the citizens. It is sheer abuse of power to rely on the Secrets Act to perpetuate violation of Kenyans’ rights!
The security breaches by security agencies should now be the subject of discussion if the country is serious about keeping Kenyans secure. To restore trust in the NIS and the country’s security agencies, there is need for a reboot and rebuild to create agencies that work to keep the country and its citizens safe, and that are not open to manipulation by politicians, tribes or other vested interests.
It is time, therefore, to reboot NIS and align its work with its constitutional mandate.
Ms Guyo is a legal researcher, [email protected], @kdiguyo
