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
                               

OPEN LETTER TO ISIOLO COUNTY COMMISSIONER MR. GEORGE NATEMBEYA REGARDING HIS SHOOT-TO-KILL ORDERS

George Natembeya-Isiolo County Commissioner

The attention of the Independent medico-Legal Unit (IMLU) has been drawn to a statement you are said to have issued during a peace meeting in Isiolo on Thursday 12th November 2015 authorizing shoot-to kill-orders against anyone found carrying firearms.

This order, in your view would contribute to curb general insecurity and cattle rustling in Isiolo County. Whereas we condemn crime in all its manifestations, and appreciate you efforts in enhancing public safety and security, it is our considered opinion that your orders are in total disregard of the Constitution of Kenya and the law and will only contribute to aggravating insecurity.

We wish to unequivocally express our dismay at this order that is not only a license for extrajudicial executions but also militates against the rules of natural justice, where one is assumed innocent until proven guilty through a competent judicial process. In addressing crime and insecurity the law has to be safeguarded and such an order is an outright affront to the provision of article 26 of the Constitution on the right to life and an unacceptable violation of the National Police Service Act 2011.

We’d wish to bring to your attention the provisions of the sixth schedule of the National Police Service Act 2011 that sets out the rules and procedures on use of force and firearms by police officers. The law is categorical that force and firearms will only be used where less extreme means are inadequate; ostensibly to protect life and for self-defence. As such, blanket shoot-to-kill orders from anyone must be treated with the contempt they deserve. Any directive contrary to the set legal guidelines must be considered void ab initio. We remain ready to discuss with your good office the possibility of supporting the establishment of the County Policing Authority in Isiolo County with a view to putting in place a more sustainable approach to public safety and security in the county.

We highly value and recognize the critical role played by the National Police Service in fostering public safety and security and it is our considered view that intelligence policing should be strengthened to avert criminal activities not only in Isiolo county but the entire country. Shoot-tokill directives are a thing of the past and should not be replacements to an integrated community driven security agenda for this country.

It is for this reason that we demand that you denounces this directive in order to allay public fears and reassure residents of Isiolo County and Kenyans in general of your commitment to safeguarding the Constitution and the rule of law. We at the same time urge police officers to ignore Mr. Natembeya’s orders and continue serving Kenyans within the ambits of the law.

We appeal to the Director of Public Prosecutions to investigate these utterances with a view to instituting proceedings against Mr. Natembeya.

Signed: Peter Kiama,


Executive director

Independent Medico-Legal Unit

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)