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Security Sector Reforms and Their Implication in Fighting SECURITY SECTOR REFORMS AND THEIR IMPLICATION IN FIGHTING AGAINST TERRORISM IN KENYA (1998-2015) ALBERT OCHIENG’ OKINDA, BA REG NO: C50/23402/2012 A THESIS SUBMITTED TO THE SCHOOL OF HUMANITIES AND SOCIAL SCIENCES IN PARTIAL FULLFILMENT OF THE REQUIREMENT FOR THE AWARD OF THE DEGREE OF MASTER OF ARTS (INTERNATIONAL RELATIONS AND DIPLOMACY), KENYATTA UNIVERSITY NOVEMBER 2016 ii DECLARATION I declare that this thesis is my own unaided work and has not been submitted for any other degree award in any other university. Signature…………………… Date………………………… Name: Ochieng’ Albert Okinda C50/23402/2012 University Supervisors: We confirm that the work reported in this thesis was carried out by the student under our supervision. Signature……………………….Date………………………… Dr. Susan Mwangi Owino Department of History, Archaeology and Political Studies Signature………………………..Date………………………….. Dr. Joseph Wasonga Department of History Archaeology and Political Studies iii DEDICATION To my late sister Milka May Okinda ‘Mum’. iv ACKNOWLEDGEMENT I am indebted to many people who in one way or the other gave their priceless support toward the realization of this thesis. I am grateful to Kenyatta University for granting me an opportunity to pursue my Masters studies and use university facilities. I express my gratitude to my supervisors: Dr. Susan Owino Mwangi and Dr. Joseph Wasonga for their reflective support, encouragement and selfless dedication in reading my work and providing valuable comments. To you my supervisors, I can only say continue with the spirit. I am equally indebted to the Department of History, Archaeology and Political Studies teaching staff, led by Dr. Washington Ndiiri, Dr. Kakai Pius, Dr. Kisiangani, Dr. David Okello, Dr. Lazarus Ngari, Dr. Peter Wekesa, Dr. Edith Miguda, Dr. Joel Imbisi, Mr. Julius Nabende, Mr. Isaiah Odour, Mr Kennedy Gitu and Mr. Lemoosa for your advices and positive criticism. My appreciation also goes to the secretarial staff in the Department led by Carol Runyenje, Miriam Wangui, Margret Odongo, Margret Wambui, Janise Kaburu and Yvonne Mutua. I owe special thanks to the staff of the Post Modern Library (Kenyatta University), Jomo Kenyatta Memorial Library (University of Nairobi) and Kenya National Archives for all the support given in the course of the research. I am also thankful to my classmates and friends Nyakundi Enock, Nyarieko Geoffrey, Kipngeno Hillary, Nyabwengi Catheline, Bernice Akinyi, Maina David, and Kennedy Onyango. Thank you for your encouragements and relentlessly reminding me of our joint resolve to complete the course when time was challenging. My gratitude goes to my parents, Boaz Okinda, Beatrice Okinda, and Pesila Okinda for taking me to school and instilling in me the culture of hard work. Special thanks also go to my brothers and sisters for their support. Equal gratitude goes to the entire family of Richard Monye for their prayers and assistance. I would also like to thank my uncle Philip Monye (Mwalimu) for ensuring steady supply of pocket money for me. Special thanks go to my wife Maureen Michura and our daughter Natalie Akinyi. Your love, patience, understanding and encouragement made this thesis achievable. It is impossible to name all the people who gave me support, but just to say thank you all. v TABLE OF CONTENTS DECLARATION………………………………………………………………………. ii DEDICATION …………………………………………………………………………iii ACKNOWLEDGEMENT ……………………………………………………………..iv LIST OF FIGURES ………………………………………………………………….viii OPERATIONAL DEFINITION OF TERMS ………………………………………...x ABBREVIATIONS AND ACRONYMS ……………………………………………..xi GLOSSARY …………………………………………………………………………...xiii ABSTRACT …………………………………………………………………………...xiv CHAPTER ONE………………………………………………………………………. 1 1.0 INTRODUCTION…………………………………………………………….. 1 1.1 BACKGROUND ……………………………………………………………….1 1.2 Statement of the problem ………………………………………………………7 1.3 Research Questions ……………………………………………………………..8 1.4 Objectives of the study…… ……………………………………………………9 1.5 Research premises ……………………………………………………………..9 1.6 Justification and significance of the study ……………………………………9 1.7 Scope and limitation of the study ……………………………………………..10 1.8 Literature review and theoretical framework …………………………………11 1.8.1 Global terrorism …………………………………………………………….12 1.8.2 The conceptualization of Security Sector reforms… …………………………18 1.8.3 Theoretical framework…. ………………………………………………...20 1.9 Research methodology………………………………………………………...24 1.9.1 Research design ……………………………………………………………….25 1.9.2 Research location… …………………………………………………………..25 1.9.3 Targeted population ….……………………………………………………….25 1.9.4 Sampling technique ….………………………………………………………26 1.9.5 Data generation… ……………………………………………………………26 1.9.6 Data analysis….………..………………………………………………………27 1.9.7 Ethical considerations ………………………………………………………..27 CHAPTER TWO ……………………………………………………………………..28 2.0 CONCEPTUAL ISSUES AND ORIGIN OF GLOBAL TERRORISM ……28 2.1 INTRODUCTION ……………………………………………………………28 2.2 Conceptual issues and definition of terrorism ………………………………..28 vi 2.3 Characteristics of terrorism. ………………………………………………….30 2.4 Origin of global terrorism …………………………………………………….34 2.5 Terrorism in Africa …………………………………………………………..42 2.6 Conclusion ……………………………………………………………………44 CHAPTER THREE……………………………………………………………………44 3.0 TRENDS OF TERRORISM IN KENYA ……………………………………44 3.1 Introduction …………………………………………………………………..44 3.2 Terrorist attacks in Kenya …………………………………………………….44 3.3 Historical development of global terrorism in Kenya ………………………..49 3.3.1 The emergence of Al-Shabaab ……….………………………………………60 3.3.2 Al-Hijra: Al- Shabaab's affiliate in Kenya……. ….………………………….69 3.4 Why is Kenya a target of terrorism? …………………………………………73 3.5 Conclusion ……………………………………………………………………85 CHAPTER FOUR ……………………………………………………………………87 4.0 REFORMING THE SECURITY SECTOR IN KENYA; 1998-2015 ………87 4.1 Introduction……………………………………………………………………87 4.2 Contextualizing security sector reforms (SSR) in Kenya …………………….87 4.3 Security sector reforms in Kenya ……………………………………………..93 I. The National Intelligence Service (NIS) ….………………………………….95 II. Anti-Terrorism Police Unit (ATPU)…………………………………………100 III. The National Counter-Terrorism Center (NCTC) …..………………………102 IV. Legislations…. ….………………………………………………………….104 V. The Constitution ………………………………………………………………108 VI. The Security Law (Amendment) Bill, 2014. …..…….………………………113 VII. Community based policing (now nyumba kumi) ……………………………114 4.4 The role of international and regional bodies in the fight against terrorism…123 I. East African Counterterrorism Initiative (EACTI)…. ……………………….123 II. Terrorists Interdiction Program (TIP)…. …………………………………….125 III. Anti-Terrorism Assistance (ATA) by United States of America ....………126 IV. Combined Joint Task Force-Horn of Africa (CJTF-HOA) ….…………….126 V. Intergovernmental Authority on Development (IGAD) ….………………….127 VI. African Union.....……………………………………………………………128 vii VII. United Nations (UN)...…………………………………………………….130 4.5 Conclusion …………………………………………………………………...131 CHAPTER FIVE ……………………………………………………………………..133 5.0 ASSESING THE EFFECTIVENESS AND IMPLICATIONS OF SECURITY SECTOR REFORMS ………………………………………………….133 5.1 Introduction…………………………………………………………………..133 5.2 Legislations …………………………………………………………………..134 5.2.1 The Suppression of Terrorism Bill 2003 ………..………………………..134 5.2.2 The Security Laws (Amendment) Bill 2014 ………………………………..140 5.3 ‘Usalama Watch’ …………………………………………………………….148 5.4 Anti-Terrorism Police Unit (ATPU) …………………………………………151 5.5 Information sharing with other countries …………………………………..155 5.6 Conclusion…. ……………………………………………………………………..167 CHAPTER SIX ……………………………………………………………………….169 6.0 SUMMARY, CONCLUSION AND RECCOMENDATIONS …………….169 REFERENCE ………………………………………………………………………...181 APPENDICES ………………………………………………………………………..196 A1: INTERVIEW SCHEDULE ….……………………………………………………196 A2: LIST OF KEY INFORMANTS …………………………………………………..198 A3: MAP OF NAIROBI ………………………………………………………………199 A4: RESEACH PERMIT ……………………………………………………………...200 viii LIST OF FIGURES Figure 1: Deaths caused by Al-Shabaab Attacks in Kenya, by Month. ........................... 49 Figure 2: Organizational Structure of nyumba kumi (ten household). ........................... 120 ix LIST OF TABLE Table 1: Statistics on terror related attacks in Kenya since 1975 to May 4th, 2014. ........ 47 x OPERATIONAL DEFINITION OF TERMS Terrorism: This is a premeditated, politically motivated violence perpetrated against non-combatant targets by sub-national groups or clandestine agents usually intended to influence an audience. Global/International terrorism: it occurs when the act of terrorism occurs in more than one country and has clear international consequences. Domestic Terrorism: It occurs when the act of terrorism is, confined to national boundaries and does not include targets or agents from abroad. Anti-terrorism: refers to the defensive efforts to reduce vulnerabilities of targets to terrorist attacks and to lessen the effects of terrorist attacks that do occur. Counterterrorism: refers to offensive and military measures against terrorists to prevent, deter and respond to terrorist acts. Cells: A small unit of terrorist group serving as part of a larger terrorist movement. Homeland security: this is the government efforts to protect the country from terrorist attacks. Horn of Africa: The region in focus here includes the following countries: Kenya, Uganda, Tanzania, Somalia, Ethiopia, Djibouti, Eritrea, and Sudan. Security sector reforms: this is the restructuring, professionalizing and increasing the accountability of the security actors in order to improve the delivery of security and justice services in
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