Combating Organised Crime in Kenya
While Kenya scoops gold medals at the ongoing Commonwealth Games in New Delhi, India, most citizens and friends of the country wishes that the glory and pride bestowed by the national anthem at such moments could be sustained.
Diana Muia and Viola Sugut, interns Mifugo Project, ISS Nairobi Office
While Kenya scoops gold medals at the ongoing Commonwealth Games in New Delhi, India, most citizens and friends of the country wishes that the glory and pride bestowed by the national anthem at such moments could be sustained. Such a wish emanates from the often-grim reports of organised criminal groups, which cause sleepless nights in neighbourhoods where they operate. Perhaps the new constitution promulgated in August will contribute towards restoring some lost glory, particularly by effectively combating organised crime in the country.
The new law on the Prevention of Organised Crimes 2010, gazetted by the Minister in charge of Internal Security and Provincial Administration Hon George Saitoti, aims at enhancing the prevention, investigation, and punishment of organised crimes in the country. The law spells out tough measures to deal with criminal gangs by imposing jail terms ranging from 14 years to life imprisonment for those found guilty. It provides a harsh penalty for anyone who fundraises, organises or directs members of a criminal gang to commit a serious crime and/or for those taking or administering oath as they are liable upon conviction to life imprisonment.
An example of a feared organised crime group in Kenya is the outlawed mungiki sect. Mungiki is a politico-religious group that was outlawed by the government of Kenya following atrocities committed against its victims. The disciples of mungiki claim it is a ‘homegrown’ religious organisation committed to upholding the traditional ‘African way of worship, culture and lifestyle.’ It began as a local militia to protect Kikuyu farmers in disputes over land with the Kalenjin and draws some inspiration from the bloody Mau Mau rebellion of the 1950s against British colonial rule. In recent years, it has been associated with a political group known as the Kenya National Youth Alliance (KNYA).
Following the gazetting of the Prevention of Organised Crimes Act in September 2010, the Kenyan Police arrested some members of the mungiki sect who were en route to an organised meeting which was also to be attended by their self-confessed former sect leader Maina Njenga. The suspects appeared in court and were charged under the new law. The police extended the crackdown on more suspects of criminal groups and in one week alone, 600 suspects were arrested.
Up to now, law enforcement agencies in Kenya, particularly the police, have been making relentless efforts towards combating and eradicating organised criminal groups including the mungiki, but with little success. Whenever the police focus ruthlessly on the sect, it appears to ‘go underground’ where they buy time before resurfacing again. The so to speak resurrecting tendencies of the sect have continued to present law enforcement agencies with challenges as sometimes they attack unsuspecting citizens, particularly under the cover of darkness, leaving a trail of death and destruction.
The prosecution of those arrested has not always been a smooth sailing process, due to weak laws. Sometimes, cases are dismissed due to lack of evidence laced with corruption and some degree of interference by politically connected individuals.
The new Act provides the Kenyan police with more leverage to crack down on criminal gangs. However, challenges are still evident and bring doubt if this Act will indeed succeed in achieving its purpose. For example, the carrying capacity of the jails in the country is seen to be insufficient to handle current inmates even without additional arrests. The jails are said to be filled beyond capacity and cannot accommodate more culprits. Another question in this debate has to do with the judiciary’s capacity and the legal justice system in Kenya, which is not free of corruption.
Reports from different sources; the media, research and institutions monitoring the legal justice system in Kenya, indicate that as much as the police force does its duty in arresting mungiki suspects, the law courts do not always convict them. At different fora, the police force has continued to express frustration over the failure to successfully prosecute suspects including criminal gangs for reasons ranging from weak laws, lack of evidence, corruption, etc.
The other question repeatedly asked by the citizens is whether the police have the capacity to provide and maintain security in areas where mungiki and other organised criminal groups thrive? The mungiki draws its members from poor communities and gives members a sense of purpose, cultural and political identity, as well as income.
Indeed, mungiki have a strong threshold in slum areas where they operate, thus making it increasingly difficult to effectively ensure security and enforce the rule of law. They purportedly have taken up duties that the state has not sufficiently provided such as security, transport, and even traditional government functions such as collection of garbage. Extortion seems to be the order of the day, as citizens have to provide ‘a small fee’ for these services. Failure to pay the expected fees results in death or loss of property through arson or malicious damage.
The mungiki sect mirrors the discontent arising from severe unemployment and landlessness caused by Kenya`s rapid population growth. Its leadership claims to have over three million members around the country and have infiltrated civil service, factories, schools and the uniformed forces. Such members do not necessarily sport dreadlocks – like the mungiki - but support and finance the sect behind the scenes.
While it is important to share information with the law enforcement agencies, citizens are intimidated by the mungiki and are afraid to freely give details about the sect’s activities. Some of those who dared to do so in the past lost their lives and/or had their property or businesses vandalised. The sect is also known to be brutal to persons who refuse to engage in their activities and/or collaborate with them.
As much as the Act on the Prevention of Organised Crimes provides law enforcers with sharper teeth to crack down on organised criminal groups, the prevailing poverty levels and unemployment amongst the youth appears to be an underlying root cause requiring sustainable measures. With the recent promulgation of the new constitution, it is hoped that reforms will improve the government institutions, especially law enforcement, the legal and justice sectors. However, stringent laws with harsh penalties, without appropriate enforcement, infrastructure and capacity to address the underlying causes that give rise to the emergence of such groups, will not be sufficient enough to effectively deal with organised crime.
