THE KENYAN GOVERNMENT IS TREADING ON dangerous ground by opting to negotiate with outlawed militias. It is understandable that Mungiki - which represents the ugly face of Kenyan politics - needs to be contained by all means, including negotiations. But Kenyans are wondering where negotiation starts and surrender begins.

Is the government admitting that the security forces are powerless to deal with Mungiki? Prime Minister Raila Odinga set the pace by offering to hold a dialogue with Mungiki, who responded by calling off the violent "protests" that paralysed business in Nairobi, Rift Valley and Central Provinces.

Since then, Kenyans have seen senior politicians calling for the release of the jailed Mungiki leader Maina Njenga, without due regard to legal procedure. Is the government capable of meeting all the demands made by Mungiki and if not, are the latter going to go back to their macabre killings?

Given that the ruthless crackdown approach adopted previously could only be counter-productive, there is certainly a need to adopt a new approach to the issue in the spirit of the current reconciliation mood in the country.

Extrajudicial killings of Mungiki members have only led to the group wreaking revenge on innocent and unarmed citizens. But then, negotiating with Mungiki gives the impression that the government is bending over backwards to accommodate armed militias who belong to prison.

As a result, it may be forced to negotiate with all militia groups if it wants to be seen to be fair. Right now, the military is battling the Sabaot Land Defence Forces terrorising Mt Elgon amid accusations of torture and harassment of innocent people.

The Mt Elgon militias will now feel they have a right to demand an audience with the government too. Then there are the militias in Kisii known as Sungu Sungu that attacked some politicians in the run-up to the elections.

Similarly, those who have been arrested for fuelling ethnic killings following the disputed presidential election are likely to follow suit and demand clemency in the name of national reconciliation.

The bottom line is that the government must make it clear to everybody that it is operating on the basis of law and not political expediency. Otherwise, it will be difficult for it to maintain law and order. The government should not sacrifice the rule of law at the altar of political survival.