There is no one who epitomizes the utter refusal of the
Kenya government and the Kenya police to investigate and prosecute the more
than 6000 post election violence cases than Police Inspector General David Kimaiyo.
His recent response to public outcry over the miscarriage of justice done in
the case of a teenage girl who was gang raped and then thrown into a pit
latrine just says it all. Kimaiyo implied that the girl was lying.
Never mind the fact that she is now confined to a wheel
chair. Never mind the fact that the rapists were made to slash grass rather
than jailed. Never mind the 1 million signatures collected in a petition or the
protests. Never mind the facts that even the Chief Justice Willy Mutunga has
directed that the case be sent to the National Council for the Administration
of Justice. According to Kimaiyo, the girl was lying about her ordeal and the
matter was settled between the parents of the rapists and her own parents so
there really is no case.
To accuse a defenseless teenage victim of gang rape of lying
underscores the shameful rape culture that is so pervasive in Kenya. For a
chief of police to even utter such an accusation sheds light on exactly how
unwilling the police are to investigate and prosecute cases of rape, and it
also gives insight to how much injustice is delivered by the very same law
enforcement agency we turn to.
5 years down the line and the thousands of victims of the
2008 post election violence have not seen their tormentors prosecuted. Of the
more than 6000 cases reported thus far, only 24 have reached trial. This is not
a matter of lack of evidence, because there is evidence, but it is a matter of
an obstinate refusal to allow the course of justice to be followed. By Inspector
General Kimaiyo’s example, our police force not only refuses to pursue the
criminals, but in turn harass the victims.
This is more than a case of putting one’s foot in the mouth.
Kimaiyo expresses the deeply entrenched misogyny and abuse of power by the
police force. The police are not the ones to judge a reported incident, but to
investigate, collect evidence and proceed to trial. Instead, in the case of Liz
from Busia, the police refused to arrest the rapists, refused to investigate
the incident, refused to collect evidence and let the perpetrators of an
attempted murder go!
It is the same obstruction of justice that has led victims
of the PEV to reach out to the ICC in the hope that somehow they will receive
justice. The situation surrounding the crimes committed after the 2007 general
elections and the reaction of the police to those reported crimes is telling of
a systematic collusion to prevent justice for the victims of those crimes.
To deny justice on such a wide scale makes one as culpable
of the crimes committed as the perpetrator. It is being an accessory to the
rapes, murders, forcible circumcision and forcible evictions. It is completely
impossible to believe that while 1500 people were killed and 600,000 victims
were displaced there was absolutely no evidence collected!
This is more than about reforming the police service. This
is about the police, led by Inspector General Kimaiyo understanding that they
are indeed in service to the people of Kenya and not to the criminals. Even as
the cases against 3 suspects progress at the ICC, the fact that so many other
suspected criminals have gone Scott free because of the police means that not
only are the criminals aided by inaction, they are encouraged to commit the
crimes again.
We want to believe that our country can rebuild itself after
such terrible events. But this is impossible if we are oppressed by both the
criminals and their friends the police. Yes, I say friends, because what else
can you call this?
There is nothing more abhorrent than a person blaming the
victim of a crime. It is not only adding insult to injury but also imprinting
the lack of value that Kimaiyo has for the poor girl’s life. It is no wonder
that her attackers were only told to slash grass. Right from the beginning the
girl was unlikely to ever be treated like a human being!
We need to remind the likes of David Kimaiyo that citizens
in this country not only deserve to be protected from criminals, they deserve
to be respected as well. We certainly
cannot accept that only 3 suspects will be prosecuted over the post election
violence, when there are thousands more roaming freely. In the case of Liz from
Busia, Kimaiyo should be compelled indeed he may even need to be forced to do
his job and ensure that justice is delivered.
It is an outrage that victims can be so dehumanized by the
very people sworn to protect them. There is only one thing worse than a police
state, and that is a criminal state. The refusal to prosecute is criminal
negligence on the part of the police and it should not be tolerated at all.
No comments:
Post a Comment