/ 8 August 1997

Kenya cracks down on aliens

Lucy Hannan in Nairobi

Kenyan police are rounding up hundreds of refugees and foreigners after President Daniel arap Moi announced that “foreign spies and criminals” were masquerading as refugees and inciting the people.

Buses carrying 129 Burundian, Rwandan, Sudanese and Somali refugees drove under police escort last week to Kakuma camp, more than 800km from Nairobi. Most had spent almost two weeks in police cells – despite having protection letters from the United Nations High Commissioner for Refugees (UNHCR).

One Burundian refugee who stood by the bus to say goodbye to his arrested wife and children said he was sleeping with about 20 other refugees in a church for protection. “The Kenyan government has a problem in its own country and wants to turn the focus on us,” he said.

A police representative, Peter Kimanthi, said that about 600 people had been arrested during the last two weeks and were being held at Nairobi, Mombasa and Eldoret police stations.

But the number is believed to be much higher. People are being screened by the police and immigration department. Some claim to have valid documentation, others admit to expired visas.

“These people are a burden to us and we would like to get rid of them as soon as possible,” said Kimanthi. Each case would be investigated before a decision was made on what to do, he added.

Peter Kessler, a UNHCR representative, said the agency could help about one-third of those in custody.

Only those who agreed to go to the camps – where conditions are harsh – are being recognised as “legitimate” refugees by the government and UNHCR. While the agency says it must abide by a government mandate, critics accuse it of complacency.

Public pronouncements by Moi act like directives to the loyal police and immigration department, who have clouded the operation in secrecy and claim it is being done on orders from “on high”.

But a Kenyan lawyer, Kathurima M’Inoti, described the operation as “totally illegal”. Under the law, illegal aliens should be charged and taken to court within 24 hours.

Overcrowding and unsanitary conditions in the cells led this week to aid agencies sending doctors and protein biscuits to the prisoners.

At Pangani police station, Kenyan nationals have also been caught up in the swoop, particularly ethnic Somalis. It is claimed that friends and relatives must pay bribes to get them released. One aid worker described the police swoops as “a shake- down for cash”. The police representative strongly denied such “malicious” allegations.

Some of the Rwandan prisoners are middle- class professionals who were linked to the former Rwandan regime. Since 1994, they have relied on Kenya as a sanctuary, with Moi resisting international demands for the extradition of genocide suspects.

That changed when Rwanda’s Vice-President and Minister of Defence, Major General Paul Kagame, visited Moi last month and discussed the issue of fugitives. This apparent rapprochement leaves those who claim persecution few places to hide.

The Kenyan operation began with a crackdown on Rwandans suspected of involvement in the 1994 genocide. On July 18, seven suspects were arrested and handed over to the UN international criminal tribunal in Arusha, Tanzania.