The Effects of Counter Terrorism Measures on Human Rights and Civil Liberties in Kenya: a Case of Kamukunji Constituency

Abstract

The main objective of this study is to examine the effects of counterterrorism measures on human rights and civil liberties. The study is based on a case study of Kamukunji Constituency. A combination of qualitative and quantitative methods including interview sessions and use of a questionnaire was used to collect and analyze data on the extent of human rights and civil liberties infringement. The respondents from the community were taken through a questionnaire that had both closed and open ended questions. For the Key informants, interview schedules were conducted. For the purpose of this study, the Bill of Rights in the Constitution of Kenya, 2010 was used to conceptualize what human rights and civil liberties entails. This study established that counterterrorism measures negatively affect human rights and civil liberties. The study found that arrests of the respondents by security agencies were characterised by torture, beatings and harassments. It also emerged that raids and searches and mass arrests and screening of arrested people at Kasarani were riddled with discrimination based on ethnic group and religion. There was also massive bribe taking. The rights of arrested terrorism suspects including right to challenge ones detention pending trial and right to life were violated by long detention without trial and enforced disappearances by security agencies while waging war on terrorism. The study concludes by recommending that there is need for the government to change its strategies on fighting terrorism in the country. Intelligence driven counter terrorism measures, incorporation of the youths in anti terrorism strategies, embracing of Muslim and Somali Community by the state in its efforts to fight terrorism is recommended. Nyumba Kumi Initiative is also recommended as a good platform that the state can use to work effectively with the society in war against terrorism.