I must confess I get so worked up whenever the State warns people who commit a crime instead of punishing them. That be to corrupt officials or politicians perpetrating violence. More warnings have recently been issued to politicians in the northern counties, specifically Marsabit, for fanning inter-ethnic violence.
It is not the first time; neither will it be the last, I predict. The warnings are hollow and benign. The State knows that and so do we. Why bother fooling us when we know the end result will be politicians walking scot-free despite leaving behind them a trail of death and destruction as they scour for blood votes?
Violence linked to election campaigns is nothing new to the country. Claims of the vice even led to a sitting president and his deputy being arraigned at The Hague to answer to crimes against humanity. These are crimes that can easily start with a single stone being thrown, or arrow being shot, in strife and, before you know it, poof! The violence has spread in numbers and miles.
Deadly violence clearly seems the sort of crime that is condoned in this country; hence the reason politicians easily wriggle out of responsibility despite being the first to light the inferno. It is misleading to the populace to suggest international crimes cannot be tried in the country. Kenya has an obligation to do so as it is a signatory to the Rome Statute.
In 2013, I saw something that, sadly, I will never ‘unsee’: Residents of Moyale fleeing the country to neighbouring Ethiopia to shelter from election violence. Kenya is known for hosting refugees but here we were, watching Kenyans run to safety in another country.
The said violence, like many other cases in the country, coincided with elections. The displacement and murders in our constituencies are forever closer to our bones as we bury relatives who are victims of violence after the perpetrators have left the scene. When warnings are issued to politicians allegedly behind election-related violence and no consequence follows, it sends the message that the State does not grasp the gravity of the situation — or is complicit in the vice.
The Moyale violence led to some politicians from the area being apprehended. Which means the intelligence service had enough evidence of their involvement to suspect them. But then, those politicians and others questioned in subsequent inter-ethnic feuds in Marsabit went scot-free. They were just questioned, fingerprinted and set on their way to cause further mayhem. That is what they have gone and done in Marsabit.
It is not a coincidence that inter-ethnic violence is flaring up in Marsabit as we get on the home stretch towards the 2022 General Election. Politicians are, yet again, the main suspects, so the government says and warns them — yet again! The role of the State is not to warn but act where serious criminal activities have taken place. Strangely, it has chosen the pathway to be gentle on politicians but punish the civilians. This notwithstanding that it has a legal duty to punish perpetrators of violence and protect civilians from them.
Marsabit largely comprises vulnerable nomadic communities trying to co-exist in an equally vulnerable ecosystem. On the face of it, the traditional conflict over scarce resources appears to be being exploited by politicians, who add fuel to the fire by inciting the communities. The State is also hinting at sending in security forces to quell the problem. The move has previously negatively impacted on the lives of the civilians, given the heavy-handedness of our security forces. Politicians would be nowhere nearby to feel the heat, having long returned to the safety of their city homes.
Mere warnings are ineffective. If, indeed, evidence is stacked against politicians as the perpetrators of election-related violence, charge them and, if found guilty, lock them up and throw away the key. That would send a tough warning that employing violence to gain power will not be condoned. Deterrence is the best tactic.
The National Cohesion and Integrity Commission (NCIC) has wasted enough paper, time and effort summoning politicians suspected of fanning violence. Its role seems to revolve around issuing summonses and warnings. It cannot effectively quell violence if they do not broach the problem with the deserved seriousness.
The government cannot justify its continued funding of the NCIC if the organisation keeps failing in its duty to maintain peace. It is mandated to push for the prosecution of perpetrators of violence. If there is sufficient evidence against suspects, nothing stops the NCIC from taking legal action — save for impunity. Peace cannot be obtained by allowing violence to go on unchecked.
It is time State got serious on election-related violence to avoid a repeat of the deadly 2007/2008 mayhem. Blood votes must come to an end!
Ms Guyo is a legal researcher. [email protected] @kdiguyo
