Monday, November 3, 2008

Raila should be main suspect in Waki list, say Rift Valley MPs

The East African Standard
Monday, 3rd November 2008
By Peter Mutai

Four Rift Valley MPs are not mincing their words over Waki’s secret envelope. The legislators yesterday said should the Waki list be forwarded to the Hague Prime Minister Raila Odinga should be the main suspect.

They said Raila, who is the ODM leader, called for mass action to protest the disputed presidential results, which degenerated into violence.

Led by Konoin MP Dr Julius Kones, the MPs wondered why the Waki Report did not talk about people who led calls for mass action.

"Raila chaired the meetings calling for mass action countrywide and we wonder why he is not mentioned in the Waki Report," Kones said.

Speaking in Ainamoi constituency during a funds drive, Kones said theywould not allow their leaders to be implicated in the "fabricated" report.

Kones said of 525 pages of the report, 25 focused on Rift Valley and yet the removal of the Kenya-Uganda Railway in Kibera was not mentioned.

Meanwhile, Finance Assistant Minister Oburu Odinga wants President Kibaki to compel Justice Philip Waki to hand over names in the controversial sealed envelope.

Oburu said the names of suspected perpetrators of post-election violence presented to former UN Secretary General Kofi Annan should be given to Kibaki.

The Bondo MP disagreed with colleagues from Central Province who demanded the Government gets back the names from Annan.

WHY GO ABROAD

"We don’t need to go abroad for the names. Waki has a copy," he said.

Oburu was addressing mourners during the burial of Kariobangi ward councillor Japheth Orony Bonyo at Wagusu village in Bondo District, at the weekend.Nairobi Metropolitan Assistant minister Elizabeth Ongoro attended the burial. Oburu and Ongoro urged the ODM MPs to speak with one voice.

"The purpose of Waki commission was to identify the cause of the violence with the view of helping the country to heal," said Ongoro.

Ongoro said it was wrong for some leaders to demand that suspected leaders who funded the violence should be tried at The Hague.

http://www.eastandard.net/InsidePage.php?id=1143998462&cid=4&

Friday, October 31, 2008

Take blame for poll chaos, Ngilu tells Kibaki, Raila

Kenya Times

Friday, October 31, 2008
Story by: By Edwin Mutai

THE buck on the post-election violence stops with President Kibaki and Prime Minister Raila Odinga, Water minister Charity Ngilu has said. Ngilu exonerated those she described as small fish who have been linked to the planning, financing and execution of the violence by the Waki report, saying Kibaki, Raila and Vice President Kalonzo Musyoka were to blame for the same.

Ngilu added that although "all of us played a role in the mayhem, the top leaders are squarely to blame since they were contestants in the disputed 2007 presidential election". "If I fought, I was not fighting my war. If you fought, you were fighting their war. The war of Kibaki or Raila," said the minister.



Raila Odinga inspecting a guard of honor mounted by ODM youth wingers in Rift Valley. (Photo by Daily Nation, Nairobi)


While challenging the two to explain their roles in the violence, Ngilu said leaders must now learn to speak the truth. "We can’t have scapegoats. Me like others played a role and each one of us must carry our own cross. I was an ODM Pentagon member and I cannot cheat anybody we did not call for mass action. But what is mass action? Is mass action a Saturday afternoon romance? Why are you looking for small people? We must be honest," charged Ngilu.

Speaking on Tuesday night during a fund-raising for the Grand National Union (GNU) led by her Assistant Mwangi Kiunjuri, Ngilu said she could not contradict the position taken by GNU to call for full implementation of the report.

But speaking at the same venue, Sports and Youth Affairs Assistant minister Kabando wa Kabando said he was ready to face either the local tribunal or the Hague if he played any role in the violence. Kabando said the financiers, planners and executors of the violence should not be lumped together with people who were defending themselves from the killers.

http://kenyatimesonline.com/content.asp?catid=2&articleId=2483

Charge Kibor Or Release Him, Raila Tells Police

The Nation
26 February 2008

Kennedy Masibo And Wanjiru Macharia
Nairobi

Orange Democratic Movement leader Raila Odinga has demanded the release or the prosecution of arrested Uasin Gishu politician Jackson Kibor.

[ In his BBC interview confesses to participating in ethnic cleansing ]

Mr Odinga accused the police of persecuting Mr Kibor and said if they were serious they would prefer charges against him or release him.

"They have been holding him since last Wednesday and have not preferred any charges against him," Mr Odinga said outside the Rift Valley Provincial Criminal Investigations Department offices in Nakuru Town.

He was accompanied by several Members of Parliament, including the party's interim chairman, Mr Henry Kosgey.

The ODM leader had arrived in Nakuru early in the morning and sought audience with Provincial Police Officer Joseph Ashamalla.

Later, he also talked to Provincial Criminal Investigations Officer Mohammed Amin.

While speaking to Mr Amin, Mr Odinga's team asked to see Mr Kibor but had to wait for more than two hours before he arrived under the escort of CID officers.

It is said the politician was being held at Menengai Police station, over 20 kilometres from Nakuru Town.

Mr Odinga said the police had no excuse for failing to act on the matter.

"The police are overzealous in some cases but selectively apply the law in other cases," Mr Odinga said.

He said the ODM team was not there to prove Mr Kibor's innocence but challenged the police to prove their case.

Camping in Nakuru

Sources say the 73-year-old politician may face either murder or incitement charges.

Mr Kosgey wondered why the police should have investigated the case before arresting the suspect.

"Days of detention without trial are long gone. We are camping in Nakuru until the matter is resolved," Mr Kosgey said.

One of Mr Kibor's four lawyers, Mr Gordon Ogolla, claimed the police were confused as to whether to charge or release his client because they did not have any evidence against him.

No Retreat, Says ODM At Service

East African Standard
22 January 2008
Posted to the web 22 January 2008

John Oywa, Peter Atsiaya, Allan Kisia and Joel Okwayo
Nairobi

An emotional Mr Raila Odinga flew to his violence-battered hometown of Kisumu and declared that nothing would deter Kenyans from their quest for justice.

Making his first visit to the lakeside town since the post-election violence broke out across the country after President Kibaki's disputed re-election, Raila ran into thousands of equally emotional supporters, many of who broke down and wept.

Pall-bearers carry caskets bearing bodies at the Moi Stadium, Kisumu, during a funeral service for victims of police brutality. Picture by James Keyi

The Lang'ata MP, who was accompanied by ODM Pentagon members, Mr Musalia Mudavadi and Mr William Ruto, fought back tears as he viewed bodies of some of the more than 100 people killed in the town.

He then addressed an ecumenical prayer service at the Moi Stadium for those killed in the region.

"These people killed by (State) agents are the heroes of this country. They died while demanding justice," said Raila as he wiped tears with a white handkerchief.

He said ODM would file a case of crimes against humanity against President Kibaki at the International Court of Justice in The Hague, Netherlands.

The killings by police across, he claimed, had been well planned by the Government.

Overwhelmed by the presence of church leaders and the victims' relatives, Raila stared into the sky for seconds then declared: "Our people are being killed like dogs, but no amount of bullets and intimidation will stop us from getting back the seat we won during the elections."

He told the crowd that filled the 30,000-capacity stadium to keep up the fight until Kibaki vacated State House "for its rightful owners".

At one stage, silence fell on the stadium when Raila broke into a song: "Sitarudi nyuma milele". And the crowd roared back in support.

A crowd at the funeral service for the people killed in post-election violence, on Monday. Mr Raila Odinga and other ODM leaders attended the prayers at the Moi Stadium in Kisumu.

As the cries reached a crescendo, Raila appeared overwhelmed by the demands and asked to be given one of the placards that had a touching message.

He temporarily held the placard aloft before passing it over to Kisumu Town West MP, Mr John Olago Aluoch.

Raila told ODM supporters in Nyanza to return to the streets on Thursday to press for Kibaki's resignation.

"We are resuming mass action on Thursday. The fight continues," he thundered.

The thousands of people who braved the afternoon sweltering heat and swirling dust had been waiting for Raila since 8am.

When the Lang'ata MP arrived shortly after noon, they rushed to meet him, causing a security scare.

Many could be heard crying that Raila had grown thin. "Ma ekak jogi chando wuodwa. Ose mana dhero kod juma achiel yawa! (This is how these people are persecuting our son. He is already thin).

Then they began to sing freedom songs. "Baba Yetu Raila Odinga, Tawala Kenya, Tawala! "No Raila, No Peace! No Raila, No schooling! We Don't Want Peace! We Want Justice! And Kibaki Must Go!"

They also turned their anger at Ugandan President Yoweri Museveni, whom they accused of sending soldiers to Kenya to kill ODM supporters.

"Museveni's soldiers are killing our people!" they chanted.

Raila asked the Luo to live peacefully with their Kisii neighbours, saying the Abagusii community had overwhelmingly voted for him, but their votes "had been stolen by President Kibaki".

"We should have seven of the 10 parliamentary seats in Kisii, but Kibaki men stole the votes and we only got four. The Kisii are our people. We must not touch them," he said.


Raila said he was ready to talk to Kibaki, but only in the presence of an international mediator.

"Kibaki lost the elections and must vacate State House now. He is illegally sitting there," he said.

Earlier, Ruto and Mudavadi had worked up the crowds when they said they had prepared two questions for the former United Nations Secretary-General, Mr Kofi Annan, who is set to chair mediation talks.

"We will ask Mr Annan why Kibaki has not gone back to Othaya after losing the presidential elections. We will also ask why Raila's swearing-in ceremony as the Fourth President of the Republic of Kenya has been delayed."


Ruto said: "We shall also ask Mr Annan why we cannot go for repeat elections if some people are doubting that Raila did, indeed, win."

Said he: "Our position is clear. Kibaki cannot be president by force because no amount of guns will keep him in power."

Ruto accused Kibaki and his Cabinet of playing politics as the country burned.

"They are behaving as if nothing is happening, yet thousands of people have been killed, injured or lost their homes," he said.

Mudavadi said Kibaki's team had started to fan tribal clashes in various parts of the country to create fear among ODM supporters.

"We have evidence that the Government has sensed that there could be a re-run of the presidential election and are causing panic in ODM strongholds," said Mudavadi.

He added: "They are inciting our people to fight so that they will not vote when a re-run is called."

The prayers were organised by more than 20 denominations. Catholic Archbishop Zaccheus Okoth and Bishop Mwai Abiero of the Anglican Church led the Mass.

MPs present were Mr Aluoch (Kisumu Town West), Mr Ochieng' Daima (Nyakach), Mr Shakeel Shabbir (Kisumu Town East), Mr Charles Lilechi (Shinyalu) and Mr Manyala Keya (Lurambi).

There were light moments when the crowd demanded that a Legio Maria priest who had been left out of the programme be allowed to pray.

Cries of 'Legio! Legio" forced the organisers to usher in the Rev Ouma Janabi, who was dressed in sacks, to offer a winding up prayer.

Earlier in Kakamega, ODM vowed not to relent in its drive to have Kibaki step down following last year's disputed elections, saying he did not win the presidential elections.

Raila said Government officials had misused police officers "by instructing them to act adversely against those who rejected the presidential results".

"I know you are very angry and you have every right to feel so. Your victory was stolen by the same people who are now killing you," he said.

He urged Kenyans not to give up, saying ODM was still determined to get what was rightfully theirs.

"Like the River Nile, we have come all the way from Cherangani Hills in Kenya to Lake Victoria then Sudan and Egypt. We are now near the delta," said Raila.

The team held inter-denominational prayers for people killed by police during the mass protests.

On landing at the Kakamega Airstrip, the team proceeded to the Kakamega Provincial General Hospital to visit victims of violence.

Raila claimed that the Electoral Commission of Kenya Chairman, Mr Samuel Kivuitu, was forced to announce the flawed results or face dire consequences.

He said Kibaki would not succeed in using the police force to remain in office illegitimately.

"Kibaki has about 100,000 security officers against over 30 million Kenyans," he said.

Ruto said ODM would continue to put pressure until justice was done and Kenyans got the president of their choice.

"You become president by winning, not by being defeated. Our victory has been delayed, but we will eventually get it," said Ruto.

More than 50 people died in Kakamega, Butere, Mumias and Lugari districts during the election violence.

Kakamega Provincial General Hospital Medical Superintendent, Dr Godrick Onyango, told the Pentagon members that most of the victims brought to the hospital had gun wounds.

"We have established that a 53 people died from bullet wounds," said Onyango.

He said the number could be higher since other bodies had been buried and not reported, especially in Mumias, Webuye and Butere.

In Vihiga District, Mudavadi heard that 36 cases had been reported at Mbale District Hospital.

Mudavadi, who met the Medical Officer of Health, Dr D Ong'ong'a, said it was unfair for Government security organs to use excessive force against innocent people exercising their democratic rights.

Ong'ong'a said of the 36, 18 people had died, 15 from gunshot wounds.

A 15-year-old boy was among those shot in the back.

"The boy died," said Ong'ong'a.

Another victim, Mr Arthur Kidiga, told the ODM leaders that he had lost his legs.

Tuesday, October 28, 2008

Mysterious Police Trips Fuel Poll Rigging Claims

The East African Standard
26 December 2007

Nairobi

With the elections only hours away, at least 20 civilian buses drove out of a high security facility in Nairobi on Monday night as The Standard and KTN undercover reporters and crew watched.

The buses left the Embakasi Administration Police Training College, initially at intervals of between 10 and 20 minutes. Later, they left in much quicker succession.

Hours later, the destination of the buses and the mission of their occupants became known. TV footage and still pictures in our possession show the names of the buses and their registration numbers.

Several people said to be APs were injured at Mbita in Suba District, when members of the public attacked them. They were also attacked in Sori in the volatile Nyatike Constituency. In Mbita, police moved in swiftly to save about 100 other members of the entourage from an enraged mob, who accused the visitors of being part of a team of APs allegedly trained to disrupt the elections. The chaos paralysed business in Mbita and disrupted Christmas festivities.

Elsewhere in Homa Bay, Migori and Rongo, tension was high after people claiming to be Party of National Unity agents arrived in several buses.

Two - a Citi Hoppa KAW 055W and a KBS registration KAX 040C - drove into Homa Bay in the morning with one group. On alighting, the officers quickly mingled and freely chatted with the locally based APs, locals said.

As word spread about the presence of the officers, members of the public quickly gathered in groups and sought to know their mission, heightening tension.

By 1pm, there was no official word on what exactly they were doing in Homa Bay. But a source within the Provincial Administration circles, who preferred anonymity said, "Hawa ni wageni wa DC (These are the DC's guests)".

Nyanza Provincial Police Officer, Ms Grace Kaindi, told The Standard she was not aware of the presence of the APs. "I'm not expecting additional security from outside the province".

In Mbita, the group that claimed to be PNU election agents ran into trouble on arrival in two Mololine buses from Nairobi.

One of the said agents was beaten and left for dead at the Mbita Bus Park, where he was cornered as his colleagues rushed for refuge at the local police station.

The Mbita Kanu parliamentary candidate, Mr Okuku Miregi, who has been campaigning for PNU in the region disowned the group, saying it had a sinister motive and should not be allowed anywhere near polling stations.

Said he: "The Suba OCPD called this morning to inform me that some 100 PNU agents were in town. This shocked me because I should have been told as the local PNU official".

When contacted, PNU spokesman Mr George Nyamweya, said: "Those people you are talking about cannot be attributed to PNU. We have our own agents and we do not have to use APs or police".

He said what the APs do at their camp, "like loading their officers into buses" is not a PNU affair, adding that they did not control what APs do.

He said the party - under which President Kibaki is seeking re-election - would send its agents that it will have recruited to all parts of the country.

The first bus drove out of the AP College in Nairobi at 12.10am on Monday/Tuesday, the last at 1.45am in the morning. The college is set in a high security area adjacent to both the Army and the General Service Unit (GSU) camps. Also within proximity is the Jomo Kenyatta International Airport (JKIA), which is watched by satellites and power cameras.

Asked who the civilian buses were ferrying from a high security facility, AP spokesman Mr Masood Mwinyi explained that just like other security agents, the officers were being deployed to various parts of the country to provide the needed services.

The AP Commandant, Mr Kinuthia Mbugua, had earlier denied claims that there was a plot to use the officers to rig the elections, dismissing the allegations as "mere propaganda".

On Tuesday, sources familiar with this seemingly shadowy operation hinted that the passengers, who were only silhouettes with interior lights switched off, were being bussed to Opposition strongholds.

More of the buses, hired from a number of upcountry and city PSV operating companies, were expected to drive in and out of the facility last night. The rest will follow this morning to conclude the exercise, impeccable sources said.

On its part, the Electoral Commission of Kenya termed as disturbing allegations that APs have been recruited as PNU polling agents.

ECK chairman Mr Samuel Kivuitu, however, said the ECK had no role to play in the appointment of polling agents and only sought appointment letters presented by the agent.

"We do not have any role in the appointment of agents. What the law requires is that the agent presents an appointment letter to the ECK three days before the poll," he said.

Kivuitu said APs were barred by law from acting as political party agents.

"They may sneak in if they operate like civilians. We have no powers to detect if an agent is an AP or not. However, the ECK will clamp down hard on any officer found to have masqueraded as an agent," he said.

He said the AG will be called upon to act against such officers whose offence is punishable under the Public Officer Ethics Act.

"These are heinous crimes. Such schemes are utterly undemocratic and retrogressive. They sadly will return the people to the slavery they freed themselves from in 199," said Kivuitu.

He added: "It may be impossible to associate that candidate (Kibaki) with such schemes going by his past record. However, his overzealous campaign leaders can be tempted to abuse State power and authority to his advantage without his personal involvement," he said.

He said the ECK had received the claims through the media, SMS and by ODM and ODM Kenya.

"ECK has not yet received any evidence that these schemes were contemplated or are awaiting implementation. Kenyans must be alert and report truthfully to ECK any attempt to offer bribes to members of the Provincial Administration," he said.

What undercover team found out

On Monday night, The Standard investigative team pitched camp outside the facility following a tip-off from a reliable source at the camp.

The AP Training College, which is at the far-flung end of Nairobi's sprawling Eastlands, has been at the centre of claims - which have been vigorously denied by the authorities - of ballot stuffing and training of personnel to disrupt polling in target constituencies to slow down or altogether derail ODM, whose candidate Mr Raila Odinga is the strongest contender for the presidency, according to opinion polls.

One bus, a Citi Hoppa, which our undercover team trailed moments after departure, took the Northern Airport Road, entered the Mombasa-Nairobi Road at City Cabanas, and drove down Uhuru Highway. The bus, registration No KAX 150S then drove down Waiyaki Way before it stopped briefly at Oil Libya Petrol Station in Westlands to fuel. This was at 12.45am. It was the second bus to leave.

The bus's interior lights stayed off.

The first to leave the facility was a Kenya Bus KAZ 178U. It shook off our trail, with a clever turn before City Cabanas. It must have headed towards Ruai, an alternative exit.

Apart from what our undercover team witnessed, an AP officer, who was drafted into the squad, turned up at KTN studios on Tuesday and gave fresh insights into the plot. He was dropped at the 11th hour on account of where he hails from, he said.

On Tuesday, questions were left in the wake of faceless men and their intentions. Faceless because even though they are believed to be APs, sources said they had been stripped of their uniforms, IDs and certificates of appointment to eliminate the paper trail. It was also difficult to establish exactly how many they were.

Our team was informed that they only had letters of appointment allegedly signed by a senior person in Government and addressed to Returning Officers, which will give them access to restricted polling areas.

Last Saturday, KTN ran an exclusive story on how some 2,500 APs were being trained to interfere with tomorrow's General Election, drawing a furious response from the Government and earning the station a date with the newly constituted Media Council of Kenya after the Information Permanent Secretary, Dr Bitange Ndemo, lodged a complaint.

This was after a whistleblower leaked information to the station that some police officers were allegedly marking ballots at the AP Commandant's house in Embakasi and at the fourth floor of Harambee House.

Meanwhile, A KTN reporter, who was part of the undercover crew, has received threatening calls urging him to "go slow on the story or face death".

A source told The Standard that each of the officers on the "strange mission" was given anything between Sh21,000 and Sh62,000 according to their rank.

The Standard established that the recruits held Bibles then uttered the following words in unison: " I ...swear that I will not at the General Election taking place on December 27, 2007, do anything forbidden by Section 5 of the Election Offences Act which has been read to me..."

Sources said this vow, which is the standard ECK pledge, was taken to make them look like just harmless party agents.

Our investigations revealed that a senior deputy AP Commandant was present at the facility on Monday night as the buses drove out.

There were also reports of tension and suspicion at the camp, with suggestions that the exercise did not go down well with some officers.

The full magnitude of the operation and the personnel involved was unclear, with some sources saying up to 55 buses will have ferried the officers from the facility.

Policemen killed in Mbita and Sindo

The East African Standard (Nairobi)
27 December 2007
Nairobi

Police moved to restore peace in some parts of Nyanza and North Rift where three people, two of them Administration Policemen, were killed in election related attacks.

Calm was quickly restored on Wednesday after riot police used teargas to battle unruly mobs.

In Nyanza, one of those killed was a civilian, identified as Wilson Ouma, who was shot by police at Sindo.

Two vehicles, a bus and a matatu, were burnt at Awasi and Oyugis during the protests. The two APs were killed in Mbita and Sindo towns. Documents recovered from the victims showed they were Administration Police officers.

One of them, booked at the Tausi hotel, was identified as corporal Peter Gitau Mwangi from Embu.

In Homa Bay, another officer identified as Antony Njoroge was admitted at the local District Hospital in serious condition.

Police had to evacuate ten seriously injured APs. The officers were found with letters signed by President Kibaki appointing them PNU election agents. They were also found with PNU posters.

Nyanza PPO, Ms Grace Kaindi, confirmed the deaths of the two APs, but said she had not been briefed on the civilian shot dead by the police.

In North Rift, thousands of ODM supporters kept vigil at Eldoret police station for the whole day, following reports that a bus had delivered marked ballot papers allegedly to be used in rigging today's election.

They chanted ODM slogans and waved placards, blocking the main road.

They also forced some drivers to flash the ODM salute before being allowed to proceed.

Elsewhere, one of the City Hoppa buses that were captured ferrying police from the Administration Police Training College in Nairobi was spotted in Nyeri town, on Wednesday.

The bus, registration number KBA 034N, was parked near the Nyeri Police Divisional headquarters.

Witnesses said the vehicle, which appeared on the front page of The Standard on Wednesday, arrived at dawn with over ten occupants.

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