The Impact of Counter Terrorism Policies and Laws on Civil Society Organisations in Kenya

The Civil Society Organisations (CSOs) have played a major role in protecting the human rights and civil liberties of those impacted on by the anti-terrorism legislation in Kenya. The CSOs have played the role of advocates asking the Government to uphold the rule of law and respect the rights to life. They have played the role of partnering with the development actors to sensitise the local communities on the dangers of being recruited into terrorist rings; they have also stood out as the voice of the voiceless. The CSOs have partnered with the academia on various occasions to conduct research and disseminate the findings with a view to establishing the evidence base to inform decision-making with regard to handling the delicate issue of Countering Violent Extremism (CVE). The law has been used a one of the primary tools to counter violent extremism in many states across the world, however, the restraining power of the law and public pressure has led to a continued revision in criminal law measures as well as policy approaches. In Kenya, in the wake of rising cases of public insecurity heightened by cases of radicalisation and violent extremism, the Government has had to come up with legislation to address this. However, the Government has in certain instances been accused by the CSOs of going overboard in exercising the mandate of regulating security. In response, the Government has had to stamp it’s authority by coming up with legislation that also impacts on the role and mandate of the CSOs as they try to navigate the delicate terrain that is CVE. Some of the impacts of the laws and policies on countering violent extremism in Kenya include: abuse of human rights, curtailing of civil liberties, limited political space on religious grounds, infringing on the rights of minorities or socially/politically marginalized groups; threats to community cohesion, safety, and security; deregistration for tax evasion; harassment and Intimidation of Muslim NGOs; and revoking licenses of Remittance Companies. This study makes the following recommendations for the CSOs work in CVE: work with the Government in ensuring the tightening of border controls; working with the local communities through community policing; investing in data and intelligence; using strategic positioning as a launching pad; cooperation with the united states security initiatives; sharing of CVE lessons and impact stories between all relevant actors; provide education and vocational training; economic empowerment and establishing income generating activities; offer amnesty and legal framework for rehabilitation.