INTRODUCTION TO THE STUDY
This chapter explores the background of the study, statement of problem, objectives of the study, research questions, hypothesis, methodology and the significance of the study. 1.1 Background of the Study
The rule of law is a legal maxim whereby governmental decisions are made by applying known legal principles or the constitution while security policies are directives organized to capture and ensure that rule of law is ensured in relation to internal and external security matters of a country.1 In August 2012, a series of ethnic clashes between the Orma and Pokomo tribes of Kenya's Tana River District resulted in the deaths of at least fifty-two people. The violence was the worst of its kind in Kenya since the country's 2007–08 crises. The violence left 118 people dead and more than 13,500 displaced and another more than 30,000 people affected by the ethno-political clashes. Over 50% of the 13500 are children the rest being women and elderly.2 The major ethnic groups of the Tana River District are the Pokomo, many of whom are farmers along the Tana River, and the Orma, who are predominantly a cattle-herding nomadic people.3 The district is generally dry and prone to drought, with erratic rainfall during the March–May and October–December rainy seasons. The climate has sparked numerous clashes between farmers and nomadic peoples over access to water.4 Approximately ten days before the ethnic clash on 22 August 2012, three Pokomo people were killed by members of the Orma community. In retaliation, the Pokomo people raided Orma villages and burned more than one hundred houses.5 On 22 August 2012, in the worst violent incident in Kenya since 2007, at least fifty-two people were killed in ethnic violence in the Tana River District between the Orma and Pokomo groups.6 The violence occurred in southeast Kenya, in the Reketa area of Tarassa, near the coast and approximately 300 kilometers (190 mi) from the capital, Nairobi.7 The ethnic violence was the result of a dispute over land rights for the tribes' cattle. Police believe that the attack was carried out by the Pokomo people, who attacked the Orma, following an Orma invasion of farms belonging to the Pokomo.8 The attackers were armed with machetes, bows and arrows, spears and handguns.9 Thirty-one women, eleven children, and six men were killed during the violence. Of these, thirty-four people were hacked to death with machetes, while fourteen people were burned to death. Four other Kenyans later died from injuries sustained during the attack. In addition, the Pokomo captured approximately two hundred cattle belonging to the Orma.10 On 7th Sept at 3am in the morning of 12 people were killed by Orma. The Capital FM quoted incident as: Police and the Kenya Red Cross said the attacks occurred at Tarasaa where houses were burnt, in what is believed to be retaliatory attacks by the Orma people against the Pokomos.11 Kenya Red Cross state that over 300 cattle and 400 goats have been raided, house torched.12 On 10th Sept 38 people were killed by Pokomo, including 9 police officer. The deceased include 16 men, five women, nine police officers and eight children. The officers include five GSU, two Administration Police and two regular police officers. The violence occurred at Kilelengwani Village. On the next morning of 11th, 3 people were killed by Orma at Semikaro, Laini, Nduru and Shirikisho villages of Tana Delta. On 13th Sept over 1311 paramilitary police officers to quell unrest in Tana River. On Monday 17th Sept at around 5.45am 67 houses were torched at Ozi Village. There were no casualties reported. The next day MP Mungatana claimed those houses were torched by GSU sent there earlier from Nairobi to quell the violence. The same day (Monday 17th) police found a grave which was suspecting to be having copse. Police were issued with a court order to dig up suspected grave but found nothing apart from part of a human...