On Monday,
October 8, we had a couple of MRC leaders arrested with Mr Mraja, Mr Gwashe and
Mr Mwachaunga charged with counts of incitement to violence, Mr Mwanguza was
charged with being in possession of articles of witchcraft, and Mr Ngome was
charged with illegally collecting money to fund MRC. Barely a week later, the
president has assented the Prevention of Terrorist Act 2012, with
minimal disregard of how this act will affect the rights of the Kenyan people
as a whole and not the fears of a few people. If we look at the bill closely,
one of its definitions of a "terrorist act" is “an act or threat of
action which prejudices national security or public safety; and which is
carried out with the aim of advancing a political, religious, ethnic,
ideological or other cause; and causing fear amongst the members of the public
or a section of the public, or intimidating or compelling the Government or an
international organization to do or refrain from doing any act;”
In a situation where the government uses it’s machinery in an act or threat of action which prejudices national security or public safety (e.g refusal to pay doctors leading to loss of life – public safety, refusal to facilitate security personnel to increase security within its borders – national security,) uses public funds to further advance a political, religious, ethnic, ideological or other cause (GK vehicles in campaign trails, religious gatherings), and causing fear amongst the members of the public or a section of the public (citizens being falsely accused of crimes they haven't committed and sometimes losing life in the hands of government officials) can we prosecute the government or is the government (or any part of it) above the law? What do we do if terrorism is used by state authorities (and individuals with access to state support) to delegitimize political or other opponents?
In a situation where the government uses it’s machinery in an act or threat of action which prejudices national security or public safety (e.g refusal to pay doctors leading to loss of life – public safety, refusal to facilitate security personnel to increase security within its borders – national security,) uses public funds to further advance a political, religious, ethnic, ideological or other cause (GK vehicles in campaign trails, religious gatherings), and causing fear amongst the members of the public or a section of the public (citizens being falsely accused of crimes they haven't committed and sometimes losing life in the hands of government officials) can we prosecute the government or is the government (or any part of it) above the law? What do we do if terrorism is used by state authorities (and individuals with access to state support) to delegitimize political or other opponents?
