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The government is tapping private phone calls and text messages of suspected collaborators and financiers of al Shabaab terrorist, Defence CS Aden Duale has said.
The CS on Friday suggested tapping into the communications of suspects has resulted in picking up and questioning some suspects.
Duale said no inch is left uncovered in the state’s campaign against the militia and no effort will be spared in ensuring Kenya’s the territorial integrity.
“Jaribu kushika simu ya al Shabaab ama uwapigie al Shabaab ama watume voice ama au text. Hiyo simu wakiweka chini, sisi tuko na mitambo yua kusikiza. Ukiweka baada ya dakika mbili, tuko na wew.
That is loosely translated as “Try picking a call from al Shabaab or call them or send them a voice or text message. We have a system of tapping to listen in. Just after two minutes ,we will have tracked you and arrested you,” he said.
He said the communications tapping net has been cast wide to target collaborators and financiers as well as sympathisers who aid the group by giving them tips and passing crucial information.
The debate about state tapping into private communication has been a hot button issue, but the Court of Appeal in April this year again allowed the Communication Authority to instal a mass surveillance system on private phones to allow government snooping.
The first judgment of the Court of Appeal three years ago overturned the objection of the High Court. Appeal judges at the time said tapping was a necessary tool helping government pursue its objectives.
The High Court had initially blocked the snooping move, saying that “accessing mobile telephone subscriber’s information in a manner other than that provided under the law infringes the right to privacy.
“It follows that for the DMS (Device Managment system) to be lawful, the reason given must not only be lawful, but must meet the threshold of a reasonable, justifiable, and democratic society,” It added.
The Court of Appeal disagreed.
The state objective in the 2017 case was to monitor unscrupulous mobile service providers who were accused of manipulating the gargets to the disadvantage of others.
“The right to privacy is important but the issues of abuse by unscrupulous mobile operators also needed to be tackled so as to strike a balance between securing the right to privacy and dealing with the problem without infringing the right to privacy. It is clear to us that there was no concrete evidence that the DMS was going to spy or intrude on private communication other than the unsupported newspaper cuttings,” then appeal judges Martha Koome, William Ouko and current Court of Appeal president Daniel Musinga said in the judgment.
Observers said the government’s hand is strengthened by the decision as it gave approval in principle to design a private communication snooping operation as long as it justified the move as being in the public interest.
Further, CS Kindiki urged resides of the larger Northeastern region to volunteer information and intelligence to the security apparatus about suspicious activities of militant groups and disclose those they suspect to be sympathetic to militants’ causes.
Duale also said the campaign will extend to neighbouring countries in the Horn region to allow interception of suspects in jurisdictions beyond Kenya’s borders.
“I give a straight forward message to the leadership rank and file of al Shabaab. We will Ahunt you down using all the security apparatus at our disposal.
“We will work with other nations in IGAD (Intergovernmental Authority on Development) to hunt you down, even in Somalia, and get you. We will protect the territorial and sovereign integrity of our people.”
Duale last week led defence officials touring parts of Northeastern regions like Mandera where activities of terror cells have been on the rise.
He toured small townships like Diff, Gerile, Kontum and Kotulo where he addressed public meetings with security and political officials and called for peace.
Wajir county commissioner Ngumo Karuku, who accompanied Duale, urged the residents to actively pass on information about suspects and any matter to help deter attacks.
Mohammed Adow, the Wajir South MP, urged residents not to sympathise with and help the terror group, saying it would hurt their interests.