"Somalis are Scapegoats in Kenya's Counter-Terror Crackdown."

This is the title of Amnesty International's briefing on Usalama Watch. The personal testimonies in the briefing -- from both Kenyans of Somali descent and Somali asylum-seekers and refugees -- are as harrowing as all of those collected since the start of the "screening operation" by groups as diverse as InformAction, Pawa and Human Rights Watch.

Quoting from the briefing, this, for example, is Usalama Watch: "The Somali community, in particular urban refugees and asylum-seekers in Nairobi, have [said] their movements are extremely restricted. Some report being stopped and questioned on multiple occasions during a single journey. Having documentation does not offer protection, leading people not to leave their house. One woman said that 'I had decided to imprison myself' and had remained in the house for two weeks. Mohamed's alien card was taken from him during his arrest and not returned. Five weeks later, he was still unable to leave the house for fear of arrest. Many who work feel unable to do so anymore.

Hussein runs a tailoring business in Eastleigh. He said: 'I can no longer go to work. One of my workers has been arrested and taken to Kakuma. I have had to pay money to police to be freed on many occasions, and cannot go to work for fear of further arrest. I am almost bankrupt.'"

This is Usalama Watch too: "Other women report having been sexually assaulted. On April 8, three [General Service Unit] and one police officer from Pangani police station entered one woman's house. They demanded her ID. When she showed it to them they said it was fake and threw it aside. They put all of her children in one room and demanded that they lie down. Her 17-year-old son reported that 'two of them went to her and tried to do bad things to her body. I stood up to try and defend her; they punched me in the head. Before they left they threatened to rape her the next time.' Other women told [of] how they have been inappropriately touched during the round-ups. In most cases, the women screamed for attention, causing the security forces to quickly leave."

The briefing -- documenting arbitrary arrest, detention without trial beyond the constitutional 24-hour limit, physical and sexual harassment, extortion, forcible relocation contrary to a High Court ruling and expulsion contrary to regional and international norms on non-refoulement -- was released on Tuesday.

Tuesday was also the day that nine members of the Eastleigh Community Association filed a class action suit in relation to all human-rights violations committed in the course of the operation on behalf of 500 others.

It is about time.

On Thursday, Haki Africa, Justice Forum and Muslims for Human Rights together with AI, HRW and Open Society's Justice Initiative also called on relevant mandate holders of the African Commission on Human and People's Rights and the United Nations Office of the High Commission for Human Rights to call on the government of Kenya to comply with its regional and international obligations, end the deportation of asylum-seekers and refugees, provide full access to the UN High Commissioner for Refugees and the constitutional Kenya National Commission on Human Rights to all aspects of the "screening" operation.

They also urgently called for international support for third country relocation.

The public letters to the ACHPR and the UN OHCHR noted all of these human rights violations are taking place in the context of Kenya's legitimate security concerns. The irony is, of course, that according to the briefing, not a single terrorism-related charge has been laid against any of those brought to court as a result of the operation.

The few that have been charged have only been charged with various immigration-related offences.

So, if the operation isn't about counter-terrorism, what is it about?

Forcible relocation of urban asylum-seekers and refugees to the camps against a High Court order and thus contempt of court? If so, just
1,000 of the estimated 55,000 urban asylum-seekers and refugees have been moved to the camps -- in some cases separating breast-feeding babies from their mothers and children from their parents.

Or is it about expulsion to a country still in conflict contrary to regional and international norms on non-refoulement? If so, only 359 asylum-seekers and refugees have been expelled--including three registered refugees as well as many others who claimed their documentation was confiscated and destroyed during the operation?

The point being that as a counter-terrorism measure, the operation is evidently ineffective--not to mention counter-productive given that GoK animosity and bellicosity has now trickled down into the general population.

Other Kenyans are now feeling quite free in their hateful behaviour -- expelling Kenyans of Somali descent and Somalis from public transport and denying them rental accommodation. Similarly, as a measure to ease the burden of refugee hosting, it's been equally ineffective.

Follow the money

So...what was the point? Why would the GoK feel so free not just stirring the xenophobic pot but keeping it on the boil? Should we, as always, follow the money?

Reports of the destruction of small businesses in the erstwhile thriving mini-metropolis of Eastleigh and repeated extortion are disturbing enough. The allegations and rumours that this was actually about the takeover of the illegal sugar importation business from Somalia are even worse.

Note: takeover -- not legitimate exposure and ending.

If those allegations and rumours are true, we are back to the days before the political "transition" of 2002. When those in power hungry for money merely looked around for lucrative businesses -- legal and otherwise-- and went out and took them. First with offers of buy-in and then, if resisted, by sheer takeover. The Kenyan Asian community was especially vulnerable to this then.

Today it seems it is the Kenyan Somali community. Shame, shame, shame. To bring down the hell outlined above on the heads of ordinary Kenyans of Somali descent and Somali asylum-seekers and refugees for that: A takeover of an illegitimate business.

L. Muthoni Wanyeki is doing her doctoral studies at the School of Oriental and African Studies (SOAS) in London, the United Kingdom (UK). She is also Amnesty International's Regional Director for East Africa, covering East Africa, the Horn and the Great Lakes. This column is written in her personal capacity and does not necessarily reflect the views of AI.