Ministers split over police death squads

The government came under diplomatic pressure on Thursday not to reject the report of a United Nations official condemning police executions.

But the government response was disjointed, if more moderate, pointing up the confusion and lack of consultation at senior levels of the Grand Coalition.

Ambassadors representing 13 of Kenya’s most important partners, among them the United States of America and the United Kingdom, asked the government not to reject out of hand the report of the Special Rapporteur on human rights, Prof Philip Alston.

Executing suspects

“We are deeply concerned by Prof Alston’s findings and urge the Kenyan government to urgently consider what action it will take on his recommendations. These should not simply be dismissed,” said a joint statement read by the Netherland’s Laetitia van den Assum at a press conference in Nairobi.

Prof Alston, in his preliminary report, accused the police of executing suspects and asked for the sacking of the commissioner of police, Maj-Gen Hussein Ali and the resignation of Attorney-General Amos Wako, whom he termed the “embodiment of the phenomenon of impunity” in Kenya.

The envoys declined to comment on those recommendations, with UK High Commissioner Robert Macaire saying: “It is not up to us to comment on who the government should appoint to be its officials.” Justice minister Martha Karua tried to present a coherent response to the report, saying parts of it will be implemented.

Foreign Affairs minister Moses Wetang’ula said the government was not taking a formal position just yet, until they had read and scrutinised the report.

On Wednesday, speaking ahead of Prof Alston’s press conference, Prime Minister Raila Odinga had expressed the government’s commitment to implement the report in full.

Government spokesman, Alfred Mutua, on the other hand, issued a statement saying that the government was rejecting the report. Cabinet ministers who spoke to the Nation were puzzled by the inconsistent positions taken by senior government figures, saying that they had neither seen Prof Alston’s preliminary report nor had they been consulted on what position the government was to take.

Official position

“It is very difficult to take a binding position over the report because we have not consulted over it,” said one minister, who did not wish to be identified as contradicting his colleagues.

Nairobi Metropolitan minister Mutula Kilonzo said the government was confusing Kenyans. He said a team should be appointed to study the report and formulate an official position.

Speaking on Thursday, Ms Karua said of the government’s position: “Whereas we may not agree with the entire statement, the government acknowledges the need to accelerate the pace and extent of necessary and imperative reforms and to focus on the issues of concern to all citizens.”

Explaining how the UN official’s visit was organised, Ms Karua said Prof Alston requested the government to allow him a visit, as required by UN regulations.

“They requested to come and we gave the no-objection signal. According to the agreement between the UN and State parties, we should keep our doors open to facilitate a glimpse of what’s going on in issues of concern raised by citizens,” said Ms Karua.

Responding to suggestions to remove Maj-Gen Ali and Mr Wako, Ms Karua said the reforms would focus on “government institutions and not personalities.” A process to carry out police reforms, she added, was already under way as spelt out in a plan to implement the recommendations of the Waki Commission prepared by her ministry.

The minister also noted that Prof Alston’s visit followed reports sent to him by “NGOs and other agencies”. Ms Karua said some of his findings corroborated the Waki report, and other recommendations were already being implemented under reforms spelt out under Agenda Item 4.

“It’s expected we acknowledge the issues are of concern and we’ve already undertaken reform on some,” said Ms Karua. The minister said the government expected Prof Alston to compile a final report by June.

“I am confident by June, some of the reforms will be deep under way. Though the formation of a Tribunal (to try post-election violence suspects) failed, it’s our duty as government to investigate what citizens complained about, respond and act appropriately,” said Ms Karua.

Mr Wetang’ula said Prof Alston’s report will be thoroughly analysed by an inter-governmental team to determine whether it is based on facts or rumours. He criticised Prof Alston over “the manner in which he released the report and the manner in which he has been communicating on the same”.

The Law Society of Kenya said Kenya should bite the bullet and ask the AG to step down. Chairman Okong’o O’Mogeni said: “We cannot afford to keep an AG in office if there are strong allegations being raised on the conduct of his office.” However, he urged caution regarding the sacking of Maj-Gen Ali saying it will not resolve the problems in the force.