Thou shalt not kill: Stop these ‘death squads’
Mohamud Bashir Mohamed.
Life is sacred and should be preserved. God upholds it as a universal principle. “And do not kill one another, for God is indeed merciful unto you,” Quran (4:29). Islam views murder as both a crime by law in this world and as a major sin punishable in the afterlife.
Prophet Muhammad said: “The first cases to be decided among the people on the Day of Judgment will be those of bloodshed.” Similar stipulations against taking one’s life are to be found in the Bible, ‘Thou shalt not kill’. (Exodus 20:13)
The United Nations declares that ‘everyone has the right to life, liberty, and security of person’ (Article 3). Similar provisions are echoed in Article 5, which states that ‘no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’. The primary role of the State is to protect its citizens from both external and internal aggressions.
Preservation of life
Article 4 of the Constitution provides for the preservation of life and states that ‘a person shall not be deprived of life — killed, murdered, or executed either by state or non-state actors unless it is under the provision of the Constitution.
Ironically, Kenya has failed in this role and witnessed a recent spike in forceful disappearances and extrajudicial killings, which have been ritualistic in nature, in a manner likely to suggest that the purpose of the killings is to pass certain information to certain individuals and/or groups of people.
Today, it’s safe to say that if a person goes missing, his family and friends should already plan for his funeral as he or she will most likely be found dead.
Extrajudicial killings are commonplace and have been on the rise lately, where such murders often don’t lead to prosecution. For instance, the incident in which four men were killed after being abducted in Kitengela. Their bodies were found in different areas.
They were all tortured before they were killed. Similarly, the body of a senior officer with the National Land Commission was found with several injuries to it.
Sanctity of human life
The recent killing of Somali-American businessman Mohamed Bashir Mohamud has left the nation in shock. Bashir went missing for 10 days before his body was found at Kerugoya Hospital mortuary. His body showed signs of torture, including multiple blunt, machete cuts, object hits on the head, burn wounds, and two bullet wounds. Who wanted him dead?
Who had the means to kidnap him and get him killed, with the recent curfew in place? Who had the means to burn his vehicle, with the possibility of destroying evidence?
While the deceased was an American citizen, the Federal Bureau of Investigations said they will not get involved in the matter since it falls within the Kenyan jurisdiction. While Kenyans continue to face multiple human rights violations, forced disappearances, and extrajudicial killings in the fight against terrorists and robbers, the international community remains silent.
Western countries need to hold the Kenyan police accountable for their actions. Their silence means they value Kenyan lives less despite their arms and funding contributing to the problem rather than creating peace and security in Kenya.
As we go towards a possible referendum and 2022 General Election which, traditionally, increases public order operations, excesses, and killings, it is important that we stick to the rule of law and sanctity of human life.
Extrajudicial executions
Peter Kiama observes that ‘acceptance of extrajudicial executions is a license for every poor soul who feels aggrieved and is unable to rise above the grievance and provide a rational solution to it, to bludgeon their next-door neighbour to death for one transgression or the other, since we have suspended the rule of law that is the essence of democracy.’
Kenya is a signatory to key international human rights instruments and is therefore bound to respect and uphold the foundation documents of international human rights law. The judicial process should be followed on all matters, but the recent trends are worrying, and everybody is living in fear.
As we go towards a possible referendum and 2022 General Election which, traditionally, increases public order operations, excesses, and killings, it is important that we stick to the rule of law and sanctity of human life.
