Poll chaos: Who is telling the truth? Kenya at the crossroad now that many are listed as initiators of post election violence

By Athman Amran

Seven Cabinet ministers, three Assistant Ministers and several sitting and former MPs are among 219 people who the Kenya National Commission on Human Rights (KNCHR) claims could have had a hand in post-election violence.

But in a cautionary note, KNCHR says it has not concluded that the people mentioned are guilty.

“This is presented in the effort to remain faithful to hundreds of Kenyans who provided this information, which we expect the relevant agencies will further investigate,” the KNCHR says.

The report, ‘On the Brink of The Precipice: A Human Rights Account of Kenya’s Post-2007 Election Violence’, also names prominent businessmen, church and youth leaders and groups.

Also in the list of the revised edition are a former PC and some police bosses, chiefs and councillors, among others.

Those mentioned adversely include Deputy Prime Minister Uhuru Kenyatta, Cabinet ministers Sally Kosgei (Higher Education), William ole Ntimama (National Heritage) and Najib Balala (Tourism).

We could not reach some Cabinet ministers, assistant ministers, MPs and businesspeople the report mentions adversely. Due to legal reasons, we cannot, therefore, identify them.

Uhuru and Dr Kosgei are in court contesting the inclusion of their names in an earlier version of the KNCHR report.

Mrs Elizabeth Ongoro, Nairobi Metropolitan Development Assistant minister, is adversely mentioned.

Police Commissioner Hussein Ali is also listed alongside MPs Chris Okemo (Nambale), Boaz Kaino (Marakwet West), Omondi Anyanga (Nyatike) and Fred Kapondi (Mt Elgon).

Maj-Gen Ali said he will issue a statement next week to respond to the claims by KNCHR.

Also named are former Roads minister Kipkalya Kones, former Assistant minister Lorna Laboso and MP David Kimutai (Ainamoi), who all died last year.

The list was released on Friday by KNCHR at a Nairobi hotel to discuss whether post-election suspects should be tried at the International Criminal Court (ICC) or at a special tribunal.

KNCHR released the report as ICC Prosecutor Luis-Moreno Ocampo opened the Waki envelope and resealed it, saying he will not disclose the names of the alleged suspects.

But he has also said he has no obligation to act on the list. The ICC must conduct independent investigation.

Most of the politicians mentioned come from Rift Valley and Central provinces. Others are from Western, Nyanza, Nairobi and Coast provinces.

According to the human rights’ State agency, the alleged perpetrators were mentioned adversely by interviewees.

Further investigation

In the 159-page report, KNCHR specified names and dates when planning meetings were held, those in attendance and the resolutions passed.

According to KNCHR, the list is, however, not “comprehensive” and “does not present a complete picture of all who may have been involved”.

“We have given the list so that further investigation can be done,” KNHCR Chairperson Florence Sambiri-Jaoko said during the re-launch of the report.

The report cites use of derogatory language against other communities as one of the causes of the clashes.

For instance, the report says a meeting chaired by a Cabinet minister, and attended by other politicians in August 2007, “resolved to carry out mass evictions of non-Kalenjins from the Rift Valley”.

The minister is alleged to have said they would “uproot sangari (weed), shake off the soil, gather it together and burn it” in reference to ‘outsider’ communities.

The KNCHR says it believes the background information and the allegations would provide “a basis and a good starting point for further investigation”.

The report asks the ICC to launch investigation to determine who bears the greatest responsibility in the commission of crimes against humanity.

But Mrs Ongoro, who is also the Kasarani MP, termed the report ridiculous.

“I am shocked. How could they put me in that list yet I was among those who had been targeted for elimination?” she asked.

She added: “My Christian values cannot allow me to engage in such acts. The KNHCR was looking at constituencies where there was violence and tagging the area MP’s name.”

Mt Elgon MP Fred Kapondi rubbished the report, saying it had not adduced any evidence to implicate anyone. He added that he had nothing to fear.

“When you are innocent, you have nothing to fear. I’m not worried nor moved at all. That was not an investigative report, but full of hearsay without serious evidence,” he said on the telephone.

He accused the commission of compiling the report in a hurry to please donors.

In February and March last year, the report says, a minister is alleged to have met and planned retaliatory attacks against people in the Rift Valley, contributed funds and organised militia to attack.

The report also cites a former minister who convened a meeting of youths in January last year, and told them to block roads.

“Mere rumours”

“When we tell you to block, make sure you block the road. And when we tell you to remove, make sure you remove them,” he is alleged to have said.

Mr Anyanga, the Nyatike MP, dismissed the report, saying it is based on hearsay and questioned its authenticity.

“This report is based on hearsay perpetuated by enemies to sabotage others politically. Remember, this report was compiled at a time when people were still bitter and its authenticity must be questioned,” he said.

Mr Ntimama termed the report as “mere rumours” meant to hoodwink Kenyans from the main issues.

“The report is biased against ODM since most of our members appear to have been mentioned. They also don’t have evidence to connect me to the said accusation. Furthermore, Narok was peaceful throughout the election period,” Ntimama said.

Mr Okemo, the Nambale MP, who KNCHR says engaged in a hate campaign, dismissed the allegations against him as farfetched, malicious and defamatory and vowed to challenge KNCHR in court.

“Kenya is at a crossroads in dealing with impunity, crimes of murder and rape. I have never incited Kenyans against Kenyans in my political career. Let the perpetrators, planners and murderers face the law. I have instructed my lawyers to take up the matter.” Okemo said.

Mr Kaino, the Marakwet West MP, said he was at his Kapchesewes rural home after the elections and could not have planned post-election violence.

“How could I have planned the violence when I had to be escorted to Nairobi for the swearing in ceremony by police officers because of the violence?” asked Kaino.

Protest rallies

Tourism Minister Najib Balala denied claims that he instigated violence at the Coast, saying it was widely known that he “took part in peaceful protests”.

“I must say I’m shocked at the claims that I organised youth to go to the streets due to the stolen votes. What I can say is that I organised protest rallies, not fighting,” he said.

Balala added: “Once somebody claims that Balala was one of the people who paid the youth to cause violence, let that person not just say so but provide evidence on what I did.”

The human rights body alleged that it had sent out letters to all MPs they have mentioned, “which, however, elicited very few responses”.

The alleged perpetrators are said to have either planned, financed, provided transport and weapons and incited or participated in the violence.

On provincial administrators and police officers, the report claims they ordered or used excessive force, neglected duty, were partisan or participated in arson and theft.

The report also names some radio stations and accuses them of hate speech and programmes

source.standard.ke