BY DUNCAN ONDIMU
The Constitution of the Republic of Kenya, 2010 recognises the role of international law.
Terrorism is a global problem and must be tackled by all countries.
Kenya as a community of countries that make up the civilised world, must actively engage in the fight against terrorism, as both domestic and international obligation in addition to being the right thing to do.
As a country we owe our own citizens and the international community to ensure that acts of terrorism are eliminated.
The global nature of the crime of terrorism and the complexity involved in investigations and prosecution, makes cooperation by global players an issue of paramount importance.
The International Convention for the Suppression of the Financing of Terrorism as per Article 9 requires State Parties, upon receiving information about a person who has committed or who is alleged to have committed an offence, to conduct investigations.
It requires State Parties, including Kenya, to take measures to prohibit illegal activities of persons and organisations that knowingly encourage, instigate, organise or engage in the commission of terrorism offences.
Regionally, the AU Convention on the Prevention and Combating of Terrorism requires Member States to take all necessary measures to prevent the establishment of terrorists support networks in any form whatsoever.
The Constitutional Court has recognised that terrorism offers a huge challenge to the Country.
One of the ways in which the People of Kenya exercise their sovereign power is through our elected representatives.
The Executive arm of government runs the affairs of the country.
Security is the responsibility of the national government through the Executive.
It must be borne in mind that Kenya being a sovereign country cannot in anyway permit a foreign country law enforcement agency to come to the country and conduct investigations or assist in investigations without an official invitation, hence the utilisation of mutual legal assistance legal provisions.
One of key national security organ is the National Police Service headed by the Inspector General of Police.
One of the powers and function of the Inspector General of Police is promote cooperation with international police agencies.
To combat terrorism in all its forms, it is critical that all agencies within a country coordinate and cooperate with international actors.
This will therefore require timely sharing of crucial intelligence information between countries.
Law enforcement and intelligence agencies within the region must coordinate, cooperate and collaborate in terms of sharing information, investigations and ensuring that perpetrators are effectively prosecuted.
This will avoid the criminals taking advantage of shortcomings in international law enforcement.
As already pointed out, the crime of terrorism transcends country’s borders and the perpetrators of the crime do not respect border controls.
There is therefore need for greater cooperation between countries to address such a serious crime.
Close collaboration between agencies in the criminal justice system breeds better coordination.
International law and norms, Kenya’s constitution and the law abiding citizens of the world expect a coordinated approach in dealing with issues in the criminal justice system, especially in dealing with terrorism.