'Preventive Counter Terrorism Action': Case Study of Kenya

Abstract

The Republic of Kenya has in its young history been the victim of four major terror attacks in the capital city of Nairobi and Mombasa. The first terrorist attack took place in 1975 and subsequently in 1981, 1998 and 2002 the first terror attack was domestic but the issue remains unresolved to date while the 1981 and 2002 were external attacks targeting Israeli hotels and an Israeli airliner in Nairobi and Mombasa. The most significant attack was the US embassy bombing of 1998 in Nairobi. Following the 11th September 2001 bombings and subsequent UN actions and resolutions including UN resolutions 1373/01, 1377/01 and 1624/2005 constrained the Kenyan government to adopt counterterrorism strategies that included, legislative reforms, institutional building, trainings and bilateral and multilateral collaboration with like-minded states including the US and UK on the actions(s). Kenya has reported thrice pursuant to resolution 1373 of 2001 and non with regards to resolution on the 24th July 2002, 12th March 2003 and 2nd March 2004 and has not reported ever since. This essay shall examine and analyse the proactive, reactive, systematic counter-terrorism actions, challenges, human rights concerns, the lack of a clear effective counter-terrorism law and its impact on foreign policy, while arguing that the continued ― backdoor implementation of counter-terrorism actions without an effective piece of counter-terrorism legislation acts as a catalyst for impunity and violation of human rights.