When Dr Victoria Mutiso was assassinated in Nairobi last month in a taxi on her way to work, many would not have suspected that serving police officers were in fact behind such a brutal murder.

The claim that police were behind the killing of Dr Mutiso was made by none other than former Deputy President of Kenya Rigathi Gachagua. The government, in its usual careless and insensitive manner, denied the involvement of the police. Nonetheless, the trail did finally lead to the suspects being police officers stationed in Kikuyu, Kiambu County.

Of interest is the warning by the government to anyone sharing an intelligence report. This prompted the question of good and bad intelligence being shared. The good intelligence, presumably only coming from state organs, and the bad intelligence is what is spread by Kenyans and rogue officials. It is debatable whether there is anything like bad intelligence in the face of runaway impunity.

The level of police brutality and overall impunity are things that Kenyans have borne the brunt of in the many decades of the country’s existence. The template set by the colonial police does not seem to have changed despite the 2010 Constitution giving Kenyans more autonomy in how they are policed and shaping the conduct of the police for the better.

Brutality

The police in Kenya are stuck on brutality and corruption rather than moving to the new space of accountability and truly maintaining not just law and order but also peace and security. The latter two have in fact deteriorated over the years, with the police being the perpetrators of insecurity and instability being experienced by many communities in Kenya.

The abuse of firearms, where police have been known to kill with impunity and disproportionately, still happens. It takes just running away from the police out of fear for a young man to lose his life in Kenya. I say this, as it is mostly young men who are the target. Areas like Githurai and Mathare have literally become a shooting range for trigger-happy police. Reports of Kenyans being abducted by masked men in white 4x4 cars and never to be seen have been shared by Kenyans again and again with no end in sight for such fears.

Kenyans sharing intelligence of police being a threat to their lives, whether through unlawful killings of their children, kidnappings, bribery and murders in police custody, is not bad intelligence. It is Kenyans’ way of showing their concern at the overzealous hands of the police.

Politicians sharing their fears of goons hired to interrupt their upcoming events is not bad intelligence but is something that points to the decline of democratic and civic spaces in Kenya, with the Police blamed for instigating such incidents at political rallies. It is also important to add that politicians are also guilty of exploiting the situation by sponsoring goons to attack opponents’ political rallies.

Intelligence is something crucial to national security. However, in many cases, governments, including that of Kenya, have abused the collection and dissemination of intelligence. Many a time, actions or inaction occur by misuse of the phrase ‘national security’. Civic and democratic spaces are shrunk in the name of national security when the real reason is to advance the interests of leaders and undermine the opposition.

Muzzling public opinion

The public is as much savvy in intelligence matters as do the security services. After all, the public is closer to their environment than a career security official who would still have to rely on the observations made by the public when looking for intelligence. To then dismiss the views and observations of the public on the bad behaviour and poor conduct of the police is tantamount to muzzling public opinion on crucial matters that affect them. After all, the public funds the police and has as much stake in policing as the government does.

The development of bad intelligence in Kenya only arises because the police have been made to believe they serve the government and not the public. Kenya’s police service is certainly biased due to their close relationship with the state.

This bias is what has led to the high-level impunity meted out to the public. By constantly batting for the government of the day, they lose focus on the reality that is policing to better communities. It is not surprising, therefore, that intelligence is compartmentalised in a duality that is always at loggerheads. What the public considers intelligence that affects their lives is dismissed and replaced with a Utopian view of what intelligence is, to justify brutality by the police.

Therefore, when the public cries about the presence of kidnappers, bad cops and politicians are wary of police authorised goons, that is not bad intelligence. It is good intelligence served by those affected by the poor conduct of the police that has become a threat to their peace and security. To end police involvement in unlawful killings and impunity, there is a need to engage and listen to the people’s intelligence more!

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Ms Guyo is a legal researcher, kdiguyo@gmail.com, @kdguyo