Collins Wanderi

3 August 2010

opinion

Following concerns that communal and sectarian violence may erupt in some of parts of the country during and after the referendum vote, President Kibaki, Security minister George Saitoti and the Commissioner of Police Mathew Iteere, moved fast to dispel fears of the possibility of any post-referendum violence akin to the January 2008 post-election violence.

Despite these assurances, five state commissions and a host of NGOs have warned of possible violence owing to what they have termed divisive political messages during the referendum campaigns. But are these fears genuine?

Freedom from fear is the cornerstone of order and cohesion. Communal and sectarian violence causes communities to lose their traditional values and relationships.

Massive human rights violations mostly occur during periods of political strife.

Minority ethnic groups and migrant communities in the Rift Valley and Coast Provinces of Kenya are particularly vulnerable. They have recurrently suffered political violence and displacement during national elections.

This is occasioned by wayward politicians who exploit ethnic apprehensions as a basis for political mobilisation and competition. The majority of the areas identified as hot spots for possible post-referendum violence are in the two provinces.

Although communal violence is more likely during highly-charged, competitive and divisive general elections, the ongoing referendum debate has turned out to be no different.

Some politicians campaigning for or against the draft have used certain sections in the chapters on Land and Devolution to create fear and despondency meant to demonise, isolate, and ostracise ethnic minorities and "immigrants" in their regions, thus raising the prospect of post-referendum violence.

In the past, political violence in the Rift Valley and Coast provinces has been blamed on poverty, socio-economic inequity and lack of state capacity.

The police have a cardinal responsibility to enforce the law, protect property and minimise civil strife. They occupy a special position in our country since they are authorised to exercise the power of the state. They enjoy the monopoly of the use of lawful force. It is actually a national honour to serve in the police or any section of the armed forces.

Despite massive police deployment in the identified hot spots, many people are still apprehensive that the officers will not adequately guarantee their security during and after the referendum vote. Is the scepticism justified?

For starters, there is no such thing as absolute security. It cannot be measured on a scale of quantity. It is a perception by those who seek and receive protection from the state.

Massive deployment of police officers in the hot spots can create a sense of security, but this is not sufficient.

Policing is not just a function of deployment. It involves a range of activities such as arrest, search and seizure and use of, or threat of use of force, to preserve order.

In a multi-ethnic state such as Kenya, the use of deadly force must be applied cautiously since tension can spiral out of control if an officer from one ethnic group kills or harms a suspect from another.

To win confidence, police must exercise their power impartially within a distinct and limited legal and territorial area of responsibility.

Excessive use of force and overt acts of mutiny or insubordination by security officers create a sense of fear and despondency among ordinary citizens. It also erodes the citizens' confidence in the state's capacity to protect them.

This is the reason why the massive deployment of security officers to hot spots coming in the backdrop of open grumbling by junior police officers over their staggered pay increase is not reassuring enough.

Some people have expressed fear that the officers may picket or go slow during and after the referendum vote. They should know that the majority of Kenyans support their supplication for better pay and working conditions. They have the sacred duty to ensure Kenyans do not start fleeing home after voting.

What the police do or not do will be of great historical significance. Their actions will either reinforce or shake the very core of our foundation as a modern state.

Capt Wanderi is an advocate and chairperson, Association of Certified Fraud Examiners (ACFE)-Kenya Chapter.