Aden Duale had no way of providing Al-Shabaab ‘list’

House Majority Leader Aden Duale is undoubtedly a man who divides opinion. His abrasive approach to national issues has earned the ire of many on the political scene. 

Yet the criticism he has drawn for apparently not releasing a list of al-Shabaab sympathisers and financiers is misplaced because he was never in a position to deliver on the pledge anyway.

The Garissa Township MP was undoubtedly shaken by the cruel and shocking slaughter of 148 students at Garissa University College and seems to have been carried away by emotion in promising to deliver a list which he certainly could not produce under the existing legal framework in the country.

How was such a list to be generated? There is no known law that allows a private citizen or politician to investigate or interrogate suspects to discover their criminal culpability.

To do so would have seen the MP for Garissa Township usurping the powers of the police. The arbitrary nature of such a list would not have stood the test in court and public opinion.

It would have meant that the whimsical law of the jungle had replaced the rule of law. I have never taken that statement seriously and neither should you. This would not pass muster in Kenya since this is not North Korea where dissidents are killed using anti-aircraft missiles nor a country where the violation of the constitution is applauded.

Kenya is governed by the rule of law, adherence to the principles of due process, fairness and proportionality. We do not suspend civil liberties or condemn people unheard. You see, al-Shabaab, unlike the Mungiki, are not distinguishable from the rest of the population. They do not wear distinct clothing. How then would Mr Duale identify al-Shabaab sympathisers or financiers unless he used an arbitrary formula that cannot distinguish between the innocent and the guilty?

Mr Duale certainly divides opinion due to his occasionally abrasive approach to political issues.

But his critics on this matter are out of order because the MP had no way of delivering on a pledge made in the heat of the moment and which was completely beyond his purview.

It is the mandate of the police to investigate, apprehend and prosecute suspects. Mr Duale cannot interrogate, interview or demand information from suspects. He cannot freeze bank accounts, cancel business licences, transport permits or put people out of business.

Therefore any list produced by Mr Duale would have been arbitrary and would offend the common decency of any civilised society. As a matter of fact, Mr Duale would have committed an offence. His position, both as the Leader of Majority and MP, would have then become untenable.

It was a ridiculous and reckless pledge which should have been dismissed by rational people.

If you were to believe Mr Ndung’u Gethenji, the chairman of the Parliamentary Committee on Defence who called for the investigation of Mr Duale, Kenyans should demand from the leaders of Turkana and Pokot a list of cattle rustlers, leaders from the 42 tribes to produce a list of their people involved in robberies, carjackings, burglaries, murders, rape, corruption, professional malpractice, nepotism, poaching, hate crimes, tribalism, drug trafficking, sale of counterfeit goods, land grabbing and so on.

We would disband all law enforcement agencies except the military. This clearly shows how much the demand made on Mr Duale is far-fetched and deeply flawed.

The Garissa Town MP can certainly take a more collegial approach to leadership and strive to be more measured and calculated in his utterances. Yet the call to investigate Mr Duale is not informed by his performance, loyalty or concern for the security of Kenyans but a selfish drive to have a bite at the cherry with an eye on the plum position he now holds.

Mr Gethenji should concern himself with the improvement of the welfare of our men and women in uniform. He should ensure police and soldiers in the frontline are well remunerated, equipped and protected. It should concern him that these officers do not have bulletproof vests, armoured vehicles, telecommunication equipment, field hospitals, drones and modern fighter jets, etc.

The writer is the Secretary, North East Professionals Association