INTRODUCTION
A deep look into our security landscape shows glaring gaps that are exploited by criminal elements amongst us, coupled with the security machinery’s misadventure that make dealing with crime useless in some cases, altogether difficult in others. These include brazen criminals who care less for the presence of the police force, and the more serious transnational nature of crimes which renders efforts at curbing crimes including terrorism, ineffective to an extent.
The underworld web of crime seems so elaborately structured, so organized and creatively primed that it also ups its game proportionate to developments in mechanisms aimed at curbing the same. In a lot of cases, what’s portrayed on the surface seems to be a product of some sort of schooling in an educational curriculum that you and I aren’t quite aware of: how do you then explain patterns of crime that present similar modus operandi, same forms and show of colors, and they happen in such large scales that beat “coincidence” or the tag, “isolated cases” upon close scrutiny?
From gold scammers, crypto-millionaires, drug lords, murderers, criminals of sorts, to petty offenders, the country has witnesses a cocktail crime-drama served bitterly to a dismayed citizenry. This happens when, either the courts are turned into some sort of bonanza for these folks to rock up and show their larger-than-life disposition, get slapped with inconsequential bonds against the gigantic crimes they’re charged with, and then “set free,” to continue with their “businesses”, and/or, the bad elements put the courts through inexplicable “helplessness” when they’re hiding in the open, and justice seems unable to catch up with them. What’s worse? Some of these criminals that are said to be “at large” are contesting for political seats, stuff that cannot be done from “hiding”. Others, who are clearly presented as novices if judged against their more brazen comrades, find it more adventurous to neighboring countries after committing crimes in order to evade justice.
Sure these all seem as dark as the earl of hell’s waistcoat. What do you think leads to this, and how can we effectively mitigate such flagrant abuse of the Rule of Law? Is there light at the end of the tunnel? YES, IFF we get the brief right, and work together, with HONESTY, to reverse the gains of crimes, indeed general societal ills.
MY TAKE
These are critical issues and questions that have definitely disturbed many a citizen and has led to the dwindling of confidence in our security infrastructure. Crimes, and essentially all ills that happen within space and time, are as much a function of existence of profitable opportunities for their commission, and the preparedness and willingness of the perpetrators to take their chances, on one hand, and the system’s inadequacies that affect its capacity to deter, prevent crimes from happening, or altogether defeat the same. As such, crimes are a function of structural, systemic, and psychological variables.
I invite you to consider some evidenced behavioral dynamics: the public safety and security architecture in some cases seem to drag its feet in dealing with crimes, in others, criminals are emboldened they even threaten law enforcement agencies, and in yet others, criminals seem to be in bed with enforcement bodies, they are well appraised on efforts to serve them justice, so much so, they are forewarned and aided to avoid justice. Putting project Kenya on the mortician’s table, we can apply Megargee (1982) theory on criminal conduct.
Megargee’s Algebra of Aggression provides a framework that incorporates the vast majority of elements of psychological research on aggression and criminality, representing them in broad categories that include: (1). Instigation to Aggression (A) that are the sum total of internal motivators like money; (2). Habit Strength, referring to behavioral preferences learned by rewarded experience and observation; (3). Inhibitions against Aggression (I) that’s the sum of all internal factors opposing a criminal or aggressive act like conditioned fear of punishment; (4). Stimulus factors in the immediate environment that may stimulate (Sa) or Inhibit (Si) violence of criminal act, and; (5). Response Competition.
The formula: A + H + Sa > I + Si, in summary, according to Megargee, advances that criminal activities occur when MOTIVATIONAL FACTORS outweigh INHIBITORY FACTORS.
Here’s to you a scenario: A corrupt, veritable thug, after several run-ins with the law, gets very familiar in the circles. To rise higher, and be considered stronger, he uses money to get his way into a POWERFUL position (Instigation) – he runs for a higher political seat by using the vast resources to sway the electorate. He is encouraged by others of his ilk (Habit strength). Meanwhile, some hurdles such as lack of requisite academic requirements, and legal ramifications (Inhibitions) threaten this posturing. These though, can be overcome, by exploiting systemic weakness that can be cheated by “fake” academic papers to claim legitimacy. Meanwhile, the external environment is friendly (Stimuli that encourages), if power and money is floated its way. Sounds familiar?
If you present the evidence of the crimes happening in this country, and the societal dynamics side by side, then applied the above theory at the jury’s bar, it will be clear that our conventional and dominant aspirations (money, power, wealth), however we “reach” them, bring on the same alter, both enforcement agencies and those that may be found on the wrong side. It is hardly surprising you’ll find big-time criminals flying under the radar, being treated with kid’s gloves by enforcement agencies, if actively protected by the same. The society on the other hand looks up to criminals who’ve “made it” with admiration, to the point of propping them up to positions of power that then legitimizes their illegitimate behaviors: ideally, criminal activities then, find strong footing on the altar of crimes’ neutralization, normalization, rationalization.
Well, these inferences may sound very irrational, to some extent harsh, but not until you appreciate that our systems that are watchdogs on crimes, and/or societal ills of sorts, are in some ways also stuck in the mud with general societal ills like corruption, nepotism, tribalism, skewed value systems, all these ensuring that their capacity to firmly deal with their constitutional tasks are impacted. In essence, they are sometimes slowed down, hampered, if even bogged down by selective application of justice, misapplication of capacity, lack of motives: issues of sabotage, disincentives to deal with the very challenges they’re charged with exist.
It’s not unreasonable to find that some that are seen to be doing the right thing, are regarded with disdain, altogether isolated and defeated.
Delving into the transnational nature of crimes, we have to first and foremost appreciate that Kenya enjoys a reputable standing among her neighbors as an economically and socially powerful, politically stable, and more advanced in nearly all the elements of national power. However, the nation states that are Kenya’s neighbors add to the metric around these factors, a chaotic jumble of variables as regards diplomatic relations, bureaucratic endeavors as well as collaborative efforts. This is made more complex by mutual suspicion and other competing interests among the states, in the face of general security threats, including transnational crimes.
The witnessed cases where criminals are encouraged to flee the country to find safe havens in our neighboring countries, is a clear case of the hitherto mentioned Megargee’s “Habit Strength” set in train by accrued learned “successes” if they so succeed to go across the borders. This occurs due to a number of reasons:
- All the individual nation states still suffer from diplomatic suspicions, sometimes very frosty relations, and poor coordination at the strategic levels to manage cross-border issues. These exacerbates challenges that then spell unimaginable hurdles for tactical operations to quickly follow through, and manage crimes of sorts. A police officer, for instance, cannot just cross the border in pursuit of a criminal. Whereas systems exist for these diplomatic situations, including INTERPOL (International Police), questions around effort (resources to be employed), level of threat, or impact of the crime/threat are asked and weighted, in some cases to the sad conclusion of letting such endeavors slide.
- The fact that there’s almost a predictable attempt by criminals to cross the border into our neighboring states is a clear revelation of their confidence to beat justice. And it’s telling of a number of things: (a). That there’s conditioned fear that the long arm of the law will catch up with you, if you’re within reach (Kenyan territory), and that’s a GREAT DETERRENCE, and (b). When nation states, at least in the region are put together, they’re only as strong as the weakest link. There’s an isolated destruction that this spells, where a merging survival should be sought. Petty crimes, like stealing of phones and other highly salable electronic devices get shipped to neighboring countries without a trace, and in effect, the region is staring in the face of a multimillion shilling, organized crime-ring where people’s lives have been lost for such (petty) things to be stolen, just because of lack of collaboration and close-working relationship between the nations, and the concerned agencies, that have failed to look at the big picture.
- The porosity of our borders, coupled with other demographics like communities of similar tribes spread across the countries, play a role in making it easy for criminals to cross the borders, and easily blend in. This is made easier by lack of a need for keen documentation of “strangers” and/or identification, especially where access is simply based on identity cards.
- Lawlessness and presence of ungovernable spaces make for appealing safe havens. A peculiar case is easily witnessed in a country such as Somalia. In such a case, if one is already a criminal, opportunities for “advancement” in the trade are available in the form of joining the ranks of the terrorist groups within the country – so much so, cases of hitherto law abiding citizens, or petty criminals have been cited, in some cases, arrested or killed while serving in the terror group.
ALL IS NOT LOST
Despite all these challenges, it is fair to appreciate that Kenya has grown from the doldrums of runaway crimes, thanks to the major changes in the security sector, both in infrastructure, and capacity-wise. Gains are seen in the general peace and security we enjoy in most part, if even swift management of crimes, including transnational ones like terrorism. Whereas most of these gains aren’t hitting the public domain, there is much progress which is laudable.
However, more needs to be done as regards what I call, MORAL RE-ARMAMENT, and where the human element must recalibrate and renegotiate their ways and means, including their worldview and value systems, to wed themselves to superior performance, quality traits and simply to do THE RIGHT THING.
In order to have a firm grip on transnational challenges, strategic and honest commitments have got to be hatched by nation states, and collaborative frameworks put in place, coupled with a matching capacity building that researches on, equips relevantly, and firmly operationalizes what’s necessary to combat the challenges affecting nation states individually, and collectively. The effect of globalization is such that, no challenges, mistakes are private and personal anymore; they are both PUBLIC and GLOBAL in impact.
Overall, we must support and appreciate our security machinery’s efforts, including the good and patriotic citizenry that we are. We must play our roles to support the efforts for shored up security and safety, peace and general wellness of the nation.
Authored by: BYRON ADERA, Pioneer and Ex Kenya Special Forces Officer, Security & Safety Expert, International Consultant, Country Spokesman ACISMP-KE, Writer and Blogger (byronsadera@gmail.com )