Political storm brewing as MPs and senators challenge government’s secretive gazettement of protected areas around intelligence facilities
Regional political leaders from Kenya’s northeastern counties are mounting fierce resistance against the government’s decision to establish protected zones around National Intelligence Service (NIS) campuses in Tana River and Garissa counties, with critics warning the move could expose communities to heightened security risks.
The controversy erupted following Interior Cabinet Secretary Kipchumba Murkomen’s gazettement of areas around the Masalani NIS Campus and surrounding regions as protected zones through a legal notice dated May 16, 2025.
The designation severely restricts public access, requiring special permission from NIS Director-General Nordin Haji for entry.
Secrecy and security concerns
At the heart of the opposition is Fafi MP Salah Yakub, who has characterized the government’s approach as “ill-advised” and conducted in secrecy. The UDA lawmaker draws a stark comparison between the proposed facility and Guantanamo Bay, arguing that rather than enhancing security, the installation could become a magnet for terrorist attacks.
“We did not elect this government to expose us to insecurities,” Yakub declared, warning that the protected area designation could make the region a target for Al-Shabaab militants. “Why are they bringing a protected area here? This will only attract terrorists to target this area.”
The MP’s concerns reflect broader anxieties about how high-profile security installations might inadvertently increase rather than decrease regional vulnerability to extremist groups operating across the Kenya-Somalia border.
Constitutional and legal challenges
Tana River Senator Danson Mungatana has escalated the matter to the institutional level, calling for Senate Committee on National Security and Defence investigations into the government’s justification for the land appropriation. His concerns center on what he describes as fundamental violations of constitutional due process.
“Why are we doing this thing in secrecy? It is wrong to take land without following the due process,” Mungatana stated, highlighting the absence of public participation and compensation for affected communities.
The senator has identified several procedural irregularities, including the government’s failure to specify precise geographical coordinates of the affected land and the lack of meaningful stakeholder consultation with local communities. He argues these omissions raise serious questions about irregular land appropriation and the protection of community land rights.
Historical context and regional grievances
The opposition to the NIS campus project is deeply rooted in the region’s historical experience with government security operations. Northern Kenya has endured decades of restrictions and security challenges, creating a legacy of mistrust between local communities and state security apparatus.
MP Yakub’s reference to previous intimidation tactics, including the temporary withdrawal of his security detail, underscores the tense relationship between regional leaders and central government over security matters. His defiant stance reflects broader frustrations about how northeastern counties have been treated in national security policy.
“Northern Kenya has suffered for many decades due to government restrictions and insecurities,” Yakub emphasized, arguing that the new installations represent additional burdens rather than solutions for communities already grappling with security challenges.
Demands for transparency and justice
Both leaders are demanding immediate reversal of the gazettement notice, with threats of legal action if the government fails to comply. Senator Mungatana wants the Senate committee to investigate not only the land acquisition process but also the extent of public participation and the government’s compensation plans for affected residents.
The calls for transparency extend beyond procedural concerns to fundamental questions about community consultation and consent. Regional leaders argue that imposing such significant changes without meaningful local engagement violates principles of democratic governance and community ownership of development decisions.
Government’s security rationale
The government has justified the protected area designations as necessary for “enhancing the security of critical national intelligence infrastructure” and protecting “sensitive installations” through restricted access controls. However, this security-focused rationale has failed to convince regional stakeholders who question both the methodology and the ultimate effectiveness of the approach.
The controversy highlights ongoing tensions between national security imperatives and local community rights, particularly in regions that have historically felt marginalized by central government policies.
As the standoff continues, the dispute over the Masalani NIS campus represents a broader test of the government’s commitment to constitutional governance and community consultation in security matters.
With legal challenges threatened and parliamentary investigations demanded, the resolution of this controversy could set important precedents for how future security infrastructure projects are planned and implemented in Kenya’s sensitive border regions.
The outcome will likely influence not only the specific fate of the NIS facilities but also the broader relationship between the state and communities in northeastern Kenya, a region where trust in government remains fragile and hard-won.
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