Probe these people, says TJRC

By SAMUEL SIRINGI ssiringi@ke.nationmedia.com
Posted  Wednesday, May 22   2013 at  23:30

More than 30 sitting and former MPs or senators are among prominent personalities facing fresh prosecutions following allegations that they were behind the election violence that led to the killing of 1,133 people in 2007/2008.

Many others will also be investigated or prosecuted in connection with serious crimes, including assassinations, theft of public land and inciting people to violence, according to recommendations made by the Truth, Justice and Reconciliation Commission (TJRC), whose report was handed to President Kenyatta on Tuesday.

President Kenyatta and his deputy, Mr William Ruto, also feature in the report over claims that they masterminded the 2007 poll violence, but were spared any local action because they are facing the same charges before the International Criminal Court (ICC).

Many of those facing fresh investigations over the post-election violence would be accused based on the controversial report of the Kenya National Human Rights Commission, “On the Brink of the Precipice. A Human Rights Account of Kenya’s post-2007 Election Violence”.

Mining Cabinet Secretary Najib Balala is accused of inciting and funding violence, according to the KNHRC report, which called for him to be investigated.

Kisii Senator Chris Obure is also recommended for investigation over the 1991/1992 ethnic clashes.

Some of those mentioned adversely include former MPs William ole Ntimama (Narok North), Henry Kosgey (Tinderet), Dr Sally Kosgei (Aldai), Fred Kapondi (Mt Elgon) and Boaz Kaino (Marakwet West).

The TJRC report recommended that the Attorney-General or the Kenya Police Force undertake investigations to determine criminal culpability against such leaders.

The report accused Mr Kosgey of planning, inciting and financing the 2007/2008 violence.

He was later accused of crimes against humanity at the ICC, but the charges were not confirmed and he was acquitted. Implementing the recommendation of the KNCHR many mean a fresh investigation locally for Mr Kosgey.

Fresh investigations

Mr Kapondi and Mr Kaino were also accused of incitement to violence during the 2008 chaos. Also listed for fresh investigations is former Buret MP Franklin Bett for planning incitement and financing violence during the same period.

The report does not spare the TJRC chairman Bethuel Kiplagat, who it names on two accounts.

Mr Kiplagat was the Foreign permanent secretary and a member of the Kenya Intelligence Committee (KIC) alongside Joseph Kibwana, who later became a general in the military and other officials.

KIC is also recommended for investigations that would be carried out by the Director of Public Prosecutions, Mr Keriako Tobiko. The investigations would determine if the two had any criminal culpability, although they should not hold public office, according to the report.

The report also recommends that Mr Kiplagat be subjected to further investigations by the National Land Commission over illegal or irregular acquisition of land in Liyavo Farm, Kitale.

Former CID director Noah arap Too is also adversely mentioned. He is alleged to have been involved in the torture and ill-treatment of Mwakenya suspects. He failed to attend the TJRC’s hearings. The team has recommended further investigations against him.

And former Kapenguria MP Samuel Moroto is accused of inciting and facilitating youths to attack and evict other communities from Kapenguria during his tenure as MP. He also held public meetings where he is alleged to have incited the youths to fight the other communities for instance in Kolongolo area, in Kitale.

The report proposes that Mr Tobiko prosecutes him.

It also proposes that Mr Tobiko prosecute former Kanduyi MP Alfred Khang’ati for alleged abuse of office while serving as an assistant minister in the defunct Office of the Prime Minister.

Mr Khangati had denied the allegations before the TJRC.

ODM nominated MP Elizabeth Ongoro should be prosecuted on claims that on diverse dates between December 27 and 31, 2007, she issued inflammatory statements calculated to incite other communities perceived to be sympathisers of President Kibaki living in Kasarani Constituency and Mathare North. She publicly directed the removal of “madoadoa” from those areas.

As a result of the statements, houses of persons of Kikuyu and Kamba descent were burnt, property looted and lives lost as her supporters carried out her directives.

Rift Valley politician Jackson Kibor was accused of financing the 2007/08 post-election violence. But Mr Kibor failed to attend the TJRC meetings to respond to the allegations, prompting the team to recommend further investigations by the DPP.

Also accused of planning, facilitating and directing attacks against non-Kalenjins living within Cherang’any area during the post-election violence in Eldoret is former Cherang’any MP Joshua Kutuny. His acts are alleged to have led to the displacement, serious injuries, deaths and loss of property. Mr Kutuny faces further investigations.

Former Molo MP Njenga Mungai faces further investigations over incitement of persons of Kikuyu origin against those from other ethnic communities in 1992. He is also accused of purchasing for and arming the youth with weaponry (pangas).

Mt Elgon MP John Serut is alleged to have been directly involved in financing, planning and instigating violence in Mount Elgon between 2006 and 2008, which led to death, serious injuries, displacement and destruction of property.

The commission was satisfied that there was ample evidence capable of sustaining prosecution and proposed that Mr Tobiko take up the case.

Former Mt Elgon MP Fred Kapondi, the report says, is alleged to have been directly involved in the same offences as Mr Serut. The commission also recommended his prosecution.

It also accuses former Chief Justice Bernard Chunga of infringing fair trial guarantees of Mwakenya and February Eighteenth Army dissidents. Mr Chunga, who was then a Deputy Public Prosecutor and State Counsel, denied the allegations but the report recommends he should not hold public office.

Former MP Matu Wamae was accused that he benefited from irregular allocations of Hombe Forest land, within Mathira Constituency. The said allocation was said to have been orchestrated by the then Central Provincial Commissioner, Mr Peter Kiilu. The report recommends that the National Land Commission conduct further investigations.

Kitui Senator David Musila, the report said, had between 1982 and 1983 planned, instigated, ordered and abetted torture and forceful eviction of residents of Nzalae from the area. He was also involved in the looting of property belonging to Nzalae residents, the report says.

This happened during the conflict between residents of Nzalae area and Nzalae Group Ranchers. The report recommends further investigations.

Mr Ntimama is also accused that he, in 1992, made utterances capable of inciting ethnic violence against non-Maasai communities living in Enoosupukia of Narok District and particularly within Sintagara area. This led to the killings of scores of individuals, destruction of property and mass evictions. He faces further investigations.

Former Kamkunji MP Norman Nyaga is alleged to have been involved in the assassination of Crispine Odhiambo Mbai while serving as the Chief Whip.
The Commission was unsuccessful in establishing his whereabouts for purposes of effecting service. It recommended further investigations.

As the Central Province Provincial Commissioner, Mr Peter Kiilu is accused of spearheading the grabbing of a 240-acre piece of forest land in Muhuruini in Magutu Location between 1999-2000.

Former MP Ezekiel Barngetuny would face investigations over irregular acquisition of parcels of land meant for Liyavo Farmers Co-operative Society.

Former permanent secretary Philemon Mwaisaka is accused of grabbing of land measuring approximately 81 hectares in Mtwapa and would be investigated by the National Land Commission.

Former MP John Keen is accused of fraudulent dealing in land belonging to Kibarani squatters.

Former Keiyo South MP, Mr Kibor, and former ambassador Julius ole Sunkuli would also face investigations over allegations of instigating clashes in 1991/92 as contained in the Akiwumi and Kiliku reports relating to politically instigated ethnic violence/clashes. Others are former nominated MP Mark Too and former Higher Education minister Noah Wekesa.