Death Squads: Alston's final report

Key findings:

• There is evidence linking police commissioner to extra-judicial killings
• Judiciary is an obstacle to a well-functioning criminal justice system

• Defenders of human rights were often threatened by government officials

Key recommendations:

• Independent inquiry into police death squads
• Police commissioner be sacked and AG to resign
• Replace corrupt judges with competent ones

Prof Philip Alston, a UN human rights official, on Thursday released his final report in which he accuses top police officials of running death squads and describes Kenyan courts as “slow and corrupt”.

Describing the state of Kenyan justice system is “terrible”, Prof Alston said: “Investigation, prosecution and judicial processes are slow and corrupt.”

There are no major departures from the conclusions that the human rights rapporteur presented after his tour in February and the report will now be debated by the UN Commission on Human Rights, before possibly being sent to the Security Council, the top organ of the United Nations. Kenya’s response will be incorporated in the report.

The report could seriously damage Kenya’s reputation with the government expected to launch a diplomatic offensive next week to limit the damage.

Security Council

Foreign Affairs minister Moses Wetang’ula said Kenya will present its position to the UN Human Rights Commission in Geneva next week.

Describing the procedure that is followed in the face of UN Rapporteur reports, Mr Wetang’ula said the final report that will go to the Security Council must include a government response to Prof Alston’s findings.

“This is the first time that the preliminary report has come out. Kenya will go before the commission in Geneva to present its position and it is only after that presentation that a final report will be prepared,” he said.

The Kenyan delegation, which leaves on Monday, will include Cabinet ministers George Saitoti (Internal Security), Mutula Kilonzo (Justice) and Mr Wako.

The government will take an aggressive line in its defence, according to documents seen by the Nation. It will accuse Prof Alson of going beyond his mandate and conducting himself improperly. It also rejects his recommendation to sack officials, which it argues infringes on Kenya’s sovereignty.

“The Government expresses grave concern regarding the allegations contained in the report by the Special Rapporteur. His questioning of the very basis of the Kenyan state and in particular its institutions is totally unacceptable, and impinges on Kenya’s sovereign rights,” says the report prepared by the government.

It accuses Prof Alston of failing to understand the unique circumstances which the country has faced after the post-election violence.

“He failed to understand the country’s peculiarities, recent political problems and the challenges it faces in its healing and reconciliation process after the post election violence,” the report states.

But Prof Alston maintains his earlier recommendation that Police Commissioner Maj-Gen Hussein Ali be sacked and Attorney-General Amos Wako should resign and police reforms be undertaken.

Parts of the report are likely to be criticised for not demonstrating a strong enough sympathy for Kenyan realities. For example, one of the recommendations is that “the Mungiki should immediately cease their harassment, abuse and murder of Kenyans.” It was not clear how this recommendation would be implemented.

On the night of April 21, for instance, 28 people were hacked to death by members of the outlawed Mungiki sect, who raided Mathira Division. The violence started when wananchi ganged up to resist attempts by the Mungiki to expel all residents of Kirinyaga from Karatina.

Reports indicated that the Mungiki had been demanding a Sh500 monthly protection fee for brick houses, Sh200 for timber houses and a litre of milk daily from each dairy farmer.

They were also demanding Sh20 for every trip made by motorcycle taxi operators, Sh50 per day from matatu operators, Sh700 from restaurants and bars every month, Sh100 from retail traders, and a Sh100,000 one-off fee from wholesalers who wish to operate in the area.