Editorials

EDITORIAL: Punish officers who violate human rights

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Surcharging offending officers for the money lost should also be seriously considered as a deterrent. FILE PHOTO | NMG

The disclosure that the Treasury last year paid out Sh888 million in compensation to survivors of State torture and cruelty typifies the folly of government institutions and officers disregarding the rule of law.

The torture payout is a colossal amount that would have financed other critical public services such as healthcare, especially during these lean times when the government is struggling to meet its financial obligations.

Unfortunately, the taxpayer has had to bear the brunt of the actions of overzealous government officers who abused their privileged positions to commit human rights violations during the dark days of the Nyayo era. Regrettably, these hefty payouts would have been avoided if only the State officers had cared to respect the rule of law. It doesn’t harm to play by the law and respect human rights.

The world over, governance functions are clearly spread across the three arms; the Executive, Legislative and Judiciary. This formation is critical because it provides for checks and balances which are key in ensuring orderly co-existence in society. It is therefore irrational for officers in the Executive arm to overstep their mandate and expose taxpayers to an unnecessary financial burden through compensation awards to victims of torture by the State.

Most of the torture incidents were as a result of reckless political expediency where perceived rivals were silenced through brutality. It should be left to the courts to handle cases of citizens suspected to have committed crimes. State officers should follow due process and present all evidence of wrongdoing and leave it to the Judiciary to play its role. With that, citizens will be assured of fairness as enshrined in the Constitution.

Officials in charge of sensitive dockets such as security should particularly remain cautious and avoid human rights violations which could prove costly to taxpayers whenever offended parties successfully sue for compensation.

As a deterrent, the State should consider punishing individual officers found culpable of violating the rights of citizens through actions such as torture or illegal arrest and detentions. It pays to respect the rule of law and all public officers should learn to play by the rules and not champion selfish agenda. Surcharging offending officers for the money lost should also be seriously considered as a deterrent.