PETITION ON BRUTAL MURDER OF YOUTHFUL IBRAHIM MOHAMED HUKA BY GSU OFFICER IN ISIOLO ON 20/05/2017

                                       21/05/2017

Macharia Njeru,
The Chairman,
The Independent Policing Oversight Authority,
1st Ngong Avenue, ACK Garden Annex, 2nd floor,
P.O. Box 23035 – 00100
NAIROBI.
E-mail: info@ipoa.go.ke

Dear Sir,

RE: BRUTAL MURDER OF YOUTHFUL IBRAHIM MOHAMED HUKA BY GSU OFFICER IN ISIOLO ON 20/05/2017

I am kindly petitioning your esteemed instutition regarding the above emotive subject which is not only inhumane but also a beastly act on the part of the security officer meted against an unarmed and innocent 21-year-old man who has not committed any unlawful acts. Ibrahim was shot dead during a peaceful political procession along the Marsabit – Garba Tulla junction in Isiolo town on Saturday at 4.30 PM by General Service Unit officer who had gone to clear the road so that they may proceed with their Journey.

Supporters of a Jubilee Party team who were on a peaceful roadshow candidly reported that the officer aimed and shot at the deceased as he was running for his life. Among prominent personalities who witnessed the incidents include Isiolo County gubernatorial candidate on jubilee tickets; Hon. Abdul Bahari, Isiolo North Member of Parliament Hon. Joseph Samal, Senatorial aspirant Mohammed Liban, Woman Representative aspirant Rehema Jaldesa and Isiolo South Aspirant Abduba Molu.

The deceased was rushed to Isiolo County Referral Hospital which was a few kilometres away from the scene of crime. Isiolo Medical Superintendent Stephen Kiluva confirmed that the man was already dead upon arrival. Detectives who visited Isiolo County Referral Hospital reported that the man was shot in the head. It was also reported that the political leaders and other stakeholders had earlier raised a complaint to security officers specifically to Isiolo County Commissioner George Natembeya on a plot by their rivals to disrupt their rally and they did seek security for their supporters and that of opponents as well. However, their plight to the County security boss fell on deaf ears. The broader picture here is one of utter impunity and our fear is that the pattern of extrajudicial killings will only worsen with such trigger-happy police officers supervised by compromised security bosses.

The action and complacency on the part of the officers outrightly infringes on many basic rights and freedoms protected in Kenya’s constitution and international human rights law, time is now for the Kenyan security organs to focus on how Kenyan security agencies have for long violated human rights with impunity and discipline such rogue officers especially during this season of electioneering.

Moreover, the Kenyan Constitution, upholds both repealed and present, which included or includes the right to life, the prohibition of torture, inhuman and degrading treatment, the right to a remedy, the right to security of the person and the right to effective remedy, among other provisions.

The Kenyan laws which includes; the Police Act, the Criminal Procedure Code, the International Crimes Act, and various other acts governing the police and policing, among others are clear and well stated.

In addition to that, the International treaties to which Kenya is a party, including the International Covenant on Civil and Political Rights, the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment, the African Charter on Human and Peoples’ Rights, the Rome Statute of the International Criminal Court, and the Treaty of the East African Community buttresses the existing homeland security laws.

The Nuremburg Trials forever redefined the course of history. That never again shall any man violate the dignity of others without accountability. Men in uniform who wield the comparative advantage of power and instruments of State over their people can no longer abuse such positions without recourse in law.

In this regard, we are demanding thorough investigations into this heinous killing and prosecute those who are responsible and establish a special team within the Department of Public Prosecutions to ensure that investigations and prosecutions are credible and independent. We want severe action to be taken against this heartless officer within the next 24 hours.

Yours Sincerely,

CONCERNED ISIOLO RESIDENT

Copied to;

Keriako Tobiko ESQ, LLB(Hons), Nbi. Dip. Law (KSL), LLM
(CANTAB), FCCS,
Director of Public Prosecutions,
NSSF Building, Block ‘A’ 19th Floor,
P.O Box 30701- 00100,
NAIROBI.
Mobile: 0723202880/0787880580
Hon. Prof. Githu Muigai- EGH, SC
Attorney General,
Office of the Attorney General and the Department of Justice,
Sheria House, Harambee House,
P.O. Box 40112-00100,
NAIROBI.
E-mail: info@ag.go.ke
Maj. Gen. Joseph Nkaissery, EGH
Cabinet Secretary,
Ministry of Interior & Cordination
of National Government,
Harambee House, Harambee Avenue,
P.O Box 30510-00100,
NAIROBI.
Chairman,
Johnstone Kavuludi,
National Police Service Commission
P.O Box 47363 – 00100
Sky Parkplaza,5th Floor, Westlands,
NAIROBI.
Francis Muhoro Ndegwa,
Director,
Directorate of Criminal Investigations
P.O. Box 30036 – 00100 Nairobi
Mazingira Hse,Kiambu Road.
Opp. Forestry Department Headquarters, Karura
Tel +254 020 3343312.
The Chief Executive Officer,
Kenya National Commission on Human Rights,
Ist Floor, CVS Plaza, Lenana Road,
P.O Box 74359-00200,
NAIROBI.
Phone: +254 20 2717900/020-2717908/073380000/0724256448
The Chief Executive Officer,
Kenya Human Rights Commission,
Gitanga Road opp. Valley Arcade Shopping Center,
P.O Box 41079-00100,
NAIROBI
Phone +254-20 2044545 +254 20 2106763,
Mobile +254-722-264497 +254-733-629034
The Chairman,
National Cohesion and Integration Commission,
KMA Centre, 6th Floor, Mara Rd, Upper Hill,
P.O. Box 7055-00100,
NAIROBI.
Tel- +254-020-2585702/3/1
                               

INSECURITY TAKING CENTRE STAGE AHEAD OF GENERAL ELECTIONS.

 

By Salad Malicha

Kenya is approaching towards one of the most polarised polls slated for 8th August this year and as such security for the citizen needs to be spruce up by the government.

However, going by the recent spate of violence/killings related to the upcoming general election in different parts of the country, such as Baringo, Laikipia, Uasin gishu and Isiolo, Kenyans cannot say that they live in a safe and secure country. Increasingly, following the widespread incidences of violence, a “siege mentality” seems to be taking root in the Country. Unfortunately, oftentimes when a nation feels that it is under siege, especially on matters of security, it is normally seen as “acceptable” to suspend fundamental freedoms and liberties in the name of maintaining national security and keeping everybody safe. The government has the sole constitutional duty of keeping the country safe and secure. The foregoing duty cannot be abrogated. It is a duty that the government effectively discharges in partnership with the community.

The Constitutional provision on the rule of law under Article 10 binds all State organs and all people to observe and respect the rule of law and embrace Constitutionalism. The National Security organs are expected to observe respect of Human Rights and Human dignity and the rule of law. The National security organs are duty bound to protect the country against external and internal threats and in exercising this mandate respect for Human Rights is very fundamental. Failure of the security agencies to exercise this mandate has led to security threats facing the country. Recently in Isiolo town,  a young man was brutally murdered in cold blood by GSU security officer who were trained by taxpayers’ money . Strangely, the deceased man did not break any aspect of the law. As a matter of fact the deceased man was in a peaceful Jubilee political roadshow afew hours after President Uhuru’s visit to the County to drum-up support for the Jubilee party. The deceased young man was neither armed nor was he taking part in any kind of protest or demonstration. Perhaps, the only weapon the young man was putting on Jubilee shirt. I am fully convinced that such reckless action by the security tantamount to extra-judicial killing sponsored by the State. Extra-judicial killings do not only constitute a violation of the right to life. It is an affront to the rule of law and the realization of justice which are key ideals in a democratic society. Further, the Constitution prohibits the taking away of life in unconstitutional ways.

 

We stand united in prayer with the ever peaceful community of Isiolo town who are counting losses and are living in constant fear and anger following that ugly incident. At this moment in time, we stand with the bereaved family and friends of the killed man during this time of difficulties. May God give them strength.

 

Chapter Fourteen – National Security; Article 238 – Principles of National Security. National Security is the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests.

 

As a country, we need to stand together and reject the culture of brutality, impunity and violence by our own security officers especially during this electioneering period. Security chiefs in Isiolo County have been compromised by known politician for last four months and sadly they are working at the behest of this politician.

 

The time has come for the government to implement security sector reforms and put in place community policing in our society because the much hyped ‘Nyumba kumi’ initiative is dead at its inception.

STATE BANS NIGHT POLITICAL MEETINGS IN ISIOLO OVER SECURITY

A crowd aboard a lorry during a recent political rally in Isiolo Town. The government has banned night political meetings in Isiolo County, citing insecurity. PHOTO | PHOEBE OKALL | NATION MEDIA GROUP

By VIVIAN JEBET (Daily Nation Reporter)

IN SUMMARY

– He said surveillance on politicians is necessary since some of them incite the public to gain cheap ethnic popularity.

– He said no incidents of incitement have been reported.

But admitted that some locals recently conflicted over sharing of money dished out by politicians.

– The government has banned night political meetings in Isiolo County over security concerns.

Isiolo Deputy County Commissioner Mwachaunga Chaunga, while announcing the ban, cautioned that anyone found conducting political meetings will face the law.

The administrator further disclosed that the government is working closely with the National Cohesion and Integration Commission (NCIC) to monitor hate speech by politicians.

“We have increased our surveillance countywide to monitor political leaders who spread hate messages and incite the public,” he said.

Mr Chaunga said surveillance on politicians is necessary since some of them incite the public to gain cheap ethnic popularity.

He said no incidents of incitement have been reported but admitted that some locals recently conflicted over sharing of money dished out by politicians.

“Politicians should sell their manifestoes to the public freely but should refrain from inciting youths,” he added.

The Government to investigate and act on Security Chief’s in Isiolo County

There deep-seated concerns regarding the conduct and character of the security chiefs who are working at the behest and whims of the current Isiolo Senator who is out to prop up his dwindling political ambition. The Senator has resulted to misuse the entire organ of what is formerly called Provincial Administration to enhance his skewed and narrow political interest.

 

The security officers particularly some Chiefs , Assistant Commissioners & County Commissioner have been compromised since they had a closed-door meeting at ungodly hours at Sportman Arms Hotel in Nanyuki on 17th February, 2017. During the meeting the security officers were given candid instructions to conduct mass voter transfer and carry out sustained campaign for the Senator in exchange of good perks bankrolled by him. Merti, Garbatulla and Isiolo Deputy Sub-County Commissioners were not present. I am reliably informed that, Isiolo District Commissioner was deliberately snubbed. The County Commissioner was represented by his Personal Assistant. The conspiracy scheme hatched by the security chiefs tantamount to gross violation of the Constitution, Chiefs’ Authority Act, Public Officer Ethics Act, Election Act & Leadership and Integrity Act.

To jog your memory, the Nuremburg Trials forever redefined the course of history. That never again shall any man violate the dignity of others without accountability. Men in uniform who wield the comparative advantage of power and instruments of State over their people can no longer abuse such positions without recourse in law. Additionally, the corollary of the foregoing has been the very obvious inability and/or reluctance of a leader like Senator Kuti to hold to account the security chiefs when their performance is called into question, not because of political witch-hunting, but because of multiple glaring and very public failures he has exhibited for far too long. It is this combination of politicized security agencies, the resultant incompetent and corrupt leadership and the failure to hold said leaders to account that has now come home to roost. Security organs are only accountable to the people of Kenya but not to serve politicians and their vested interests.

To further his selfish political

Chief with the Senator

desires the Senator has been campaigning using relief food which is a flagship project of the Ministry of Devolution meant to mitigate the current biting drought. The security chiefs began executing Kuti’s elaborate campaign agenda by organising public “Baraza” under the guise of security meetings that will offer platform for the Senator.

8 officers (Names withheld) attended Sportman Arm’s Hotel meeting with Kuti and they are heavily compromised with unsolicited amount of cash to enhance the Senator’s illegitimate schemes; The group was led by the Current Assistant Commissioner, Isiolo Central.

Chief with the Senator

The reality is that Kenyans adopted a new constitutional order with the hope that it will lift us from the bad governance. The Constitution that now governs us is the supreme law that binds all and sundry. In the last couple of weeks the Constitution has been violated on numerous occassions by Senator Kuti and Security Chiefs. Chapter 14 of the Constitution provides an accountable framework for the organs of national security. Section 239(5) provides that these organs “are subordinate to civilian authority” while section 59(2)(d) gives the Kenya National Human Rights and Equality Commission powers “to monitor, investigate and report on the observance of human rights in all spheres of life in the Republic, including observance by national security organs”.

This matter needs to be investigated expeditiously and serious disciplinary action to be taken against the involved officers.

Letter written by Deputy Commissioner warning Security officers

The above is a copy of letter sanctioned by Isiolo Central Deputy Sub-County Commissioner date 2nd March, 2016 (Ref:MISC/CONF/3/VOL VIII/86- Conduct of officers during the electioneering period)

KDF Kulbhiyow Attack, A story of valour, bravery, victory by KDF and horror for Al-Shabaab terrorist at Friday dawn.

By David Goldman-Goldman is a renowned intelligence news analyst and a reputed investigative journalist.(Strategic Intelligence Service)

On 27th of January 2017, the last Friday of the 1st month of the new year, the Al-Qaeda branch in Somalia, Harakat Al-Shabaab Mujahideen Movement (HSM), staged what terrorism and counter terrorism experts and military intelligence officials in the coalition forces now call their last attempt to attack the Kenya Defense Forces (KDF) forces deployed in Somalia under the African Union Mission in Somalia (AMISOM) mandate.

Approximately 183 elite fighters of the terror group including some from a brigade code-named ‘the butchers’ were killed and over 100 wounded by Kenya Defense Forces (KDF) at the KDF-AMISOM base in Kolbiyow (Kolbio) at the border region of Somalia. The Kenya Defense Forces (KDF) military intelligence battle damage assessment (BDA and Situation Reports) confirmed that the army lost several soldiers in the theater.

The Batlle of Kulbhiyow (Kolbio)

HSM aka Al-Shabaab at 0400HRS EAT deployed 3 suicide vehicle bound improvised explosive devices (SVBIED) and 550 of its most elite fighters drawn from different bases in Somalia including Hiraan and Bay. These fighters were handpicked by Ali Dheere and Maalim Osman, the commanders tasked by Al-Shabaab Shura Council to conduct the attack. The fighters were from terrorists most admired brigades namely the Saleh Nahbahn Brigade, Jaysh Ayman which operates from Somalia’s border with Kenya, and the Abu Zubeyr brigade. All these groups were involved in all attacks against AMISOM troops (Ref: Janaale, Leego, Halgan, and El-Adde in 2016). The mission of the 550 terrorists was to kill each and every of the 123 soldiers stationed at the base before 0800HRS, raise and hoist the flag of the terrorists before distributing pictures of dead Kenyan soldiers on social media to horrify the world and earn glory.

Despite the beautiful dawn beckoning, the few men besides their doctors, nurses, scouts, cooks, priests, and their commanders, lay quietly for the enemy. They had prepared well. The cold morning of Friday the 27th of January kept reassuring them of a day of valor ahead. “Today we make Kenya proud. Today we will free the Somali people from the chains of a relentless enemy”…they kept reassuring each other. With the fingers clutching their machineguns firmly, finger on the trigger, and eyes wide open, the few men from the Kenya Riffles Unit based in Mombasa waited.

With his shoulder never tiring in anticipation, an army sergeant kept feeling the trigger of his special forces shoulder fired Rocket Grenade Propeller (RPG), the damn thick was intact than ever. His collegue, an army Captain using his night visions firmly held with his left hand gave the signal, “There they are, 3 trucks. Lights off, and speeding towards target! Fire!”

The Sergeant pulled it. The whispering tremolo, the barren solitude, and constant waiting ended in a myriad of fireballs and massive explosions. The first suicide bomber was killed and his truck bomb decommissioned. This was the trap, and the enemy fell for it. KDF machine gunners, snipers, and RPG units readied their weapons. It’d be in 10 minutes before the enemy reached the desired range.

The RPG gunner fired another grenade targeting the second suicide bomber truck (SVBIED). His kill was perfect, and the barrenness of the night was ended by distant screams of countless yells of “Allah Akbar!”

“Here they come! Give them nothing but what they deserve!” The CO whispered to his men ready to destroy an enemy who was murderous and in many folds!

“Aye Sir!”

The screams of ‘Allah Akbar’ and the explosion of the 3rd SVBIED were simultaneous. The RPG gunner narrowly missed it but it hit an abandoned gate outpost.

It was the thunderous and simultaneous automatic machinegun fire and flares from the Kenya Army outposts and positions that opened the dawn.

And like a song in twilight, the battle of Kolbio began. A Sniper perched on a low hanging branch kept counting his kills until his unit commander told him to allow him count his. For 45 minutes, the KDF gunners pinned down the 1st wave of the enemy fighters ending their approach to the base.

At 0515HRS another wave of PKM machinegun fire great the dusk of this action packed last Friday of January 2017. The army began their merciless onslaught, shooting dead every one of the approaching enemy combatants. By 0620HRS, orders to cease firing were given. The soldiers were instructed to withdraw from the position and tactically take positions outside the base to ensure complete annihilation of the enemy.

The last of the militant’s brigades again fell for the trap, mistaking the tactical withdrawal of the army men for retreat. Assuming they had captured the AMISOM-KDF base in Kolbio at 7.15am East African Time, the Al-Qaeda branch in Somalia, Harakat Al-Shabaab Mujahideen Movement (HSM) last men were attacked from all fronts by the Kenya Army soldiers. The guns blazed from the unseen positions hitting the enemy with brute force and precision. A Private would load a machine gun and the gunner would pat his back. The Commanding Officer kept yelling praise and motivation to his gallant soldiers despite several falling under the enemy fire.

AMISOM troops fired artillery shells at the eastern end of the base where more than 100 fighters were celebrating and receiving orders from their commander identified as Maalim Osman. On the front where the SVBIED had detonated mortars rained on the approximately 200 terrorists celebrating and receiving instructions from Al-Shabaab commander Ali Dheere. The simultaneous attack divided the attackers into different groups forcing each to run for its live. Screams of pain and dying terrorists rocked the air. Horrified fighters ran as others were felled by machine gun fire. The elite brigades of the Al-Qaeda branch in Somalia, Harakat Al-Shabaab Mujahideen Movement (HSM) were now running away from what AMISOM has claimed as the worst defeat of the Al-Shabaab terror groups history.

The terrorist’s commanders opted abandoning the attack and ordered the terrorists to retreat as fast as they could. As more fighters were shot dead and many more mowed down by machinegun fire, demoralized HSM commanders started confiscating mobile phones from the militias and ordered use of VHF and UHF Radio to avoid leakage of the horrifying defeat at Kolbio.

With the barrels of the machineguns, automatic rifles, and RPG’s smoldering hot, the Kenya Defense Forces watched from the tactically advantageous positions as the enemy fell down and retreated in utter defeat. Their fingers and arms blistered by the hot barrels, soldiers emerged from their positions, raising the flag of KDF and AMISOM high for Somalia.

Intelligence shows over 150+ terrorists are unaccounted for including both Commanders Ali Dheere, and Maaalim Osman. In Jiliib, the headquarters of the terrorists, 80+ badly wounded terrorists were received yesterday afternoon. This attack is believed to be a big setback for the terror group. AMISOM Intelligence says Al-Shabaab suffered the highest number of causalities during an artillery and mortar operation by AMSIOM troops. The bravery of the KDF soldiers in defense of their base was huge. This is valor and honor.