Abiya Ocholla, Judy Ogutu And Francis Ngige
3 August 2007
Nairobi — Health minister Mrs Charity Ngilu was late last night being held in police custody for allegedly assisting a civil society activist escape from Central Police Station.
Lawyers Mr Paul Muite and Mr James Orengo emerged from the Mazingira House CID Headquarters - where Ngilu had been summoned to - at 8pm to declare that the minister had been arrested after recording a statement.
Muite said police had inferred that Ngilu would either be transferred to Kileleshwa or Muthaiga police stations.
Ngilu joins women in a protest against her Internal Security colleague, Mr John Michuki, at Harambee House, Nairobi, last year.
In a rare encounter with the police for a Cabinet minister, Ngilu arrived at CID Headquarters at 2pm and completed writing a statement within five minutes.
However, the Deputy CID Director, a Mr Amata, kept the minister waiting for over six hours before announcing that she was under arrest.
Muite claimed that Ngilu's tribulations could be traced to Internal Security minister Mr John Michuki, who the Health minister has had a brush with in the past.
Lawyer to move to court to challenge the arrest
Said Muite: "I can confidently say that Michuki is behind the tribulations facing Ngilu I am surprised that Michuki has found it fit not only to abuse reform crusaders, but the entire women fraternity".
Muite said police could not confirm whether the minister would be arraigned in court on Friday, saying they were yet to receive further instructions "from above".
The Kabete MP said he would on Friday be moving to court to challenge the arrest. In her statement, Ngilu denied storming the Central Police Station on Tuesday to assist Mrs Ann Njogu to escape from custody. Njogu had earlier that day been arrested, together with four other civil society activists, for marching on Parliament to protest against a move by MPs to increase their allowances and hand themselves hefty gratuity.
Ngilu is reported to have said she only intervened when she found male police officers forcibly dragging Njogu downstairs as she struggled to change her clothing.
On Thursday night, ODM-Kenya presidential aspirants Mr Raila Odinga and Mr Musalia Mudavadi termed the police action against the minister as absurd.
In a statement signed on their behalf by political activist Mr Tony Gachoka, the Opposition leaders said a Cabinet minister was, under the principle of collective responsibility, not only a symbol of Government, but also a representative of the Head of State.
"We want to condemn John Michuki's action in the strongest term possible," read the statement.
Police were unrelenting
They said Michuki was retaliating against the minister because she had led a women protest march to his office after he made a derogatory statement.
And speaking outside Parliament Building on Thursday evening, Raila said, "We think her life is in serious danger. Nobody is saying why she is being held."
He added: "We'd like the Police Commissioner and the minister for Internal Security to issue a statement why should Ngilu spend the night in police cells?"
By Thursday night, Ngilu's official car was also being detained at CID headquarters. The officers had summoned the Kitui Central MP over the Tuesday drama, which was captured on camera.
Njogu had been arrested together with colleagues Mr Mwalimu Mati, Mr Okoiti Omtatah, Mr Cyprian Nyamwamu and Mr Ouma Odera.
But Thursday, the High Court freed them and declared that their rights had been violated after they were held in the cells for more than 24 hours.
But police were unrelenting - they promptly arrested another 10 activists who stormed the CID headquarters armed with placards and singing songs in praise of Ngilu. They were ferried in a lorry to Muthaiga Police Station, where they were locked up in the cells.
Activists injured when police vehicle was involved in an accident
Ngilu had arrived at Mazingira House at 2pm, driven in her official Mercedes car complete with the deck flag, followed by Muite.
"I was summoned to come to the CID Headquarters and that is why I am here," said the minister.
Lawyers Wanyiri Kihoro and James Orengo followed soon after and entered the grilling room with Ngilu.
Earlier at the Nairobi Law Courts, Njogu and Omtatah had limped out, supported by colleagues Mati, Nyamwamu and Odera, who appeared stronger.
The five had been injured when the police vehicle they were being driven in was involved in an accident with a matatu in Nairobi on Tuesday. They were admitted to the Aga Khan Hospital, but were rearrested the next morning when the police stormed the hospital.
On Thursday, they were arraigned before Chief Magistrate Ms Christine Meoli, but their lawyers objected to their pleading to the charges.
Mr Pheroze Nowrojee accused police of attempting to evade the High Court's requirement that they be present for the hearing of a constitutional application they were raising.
"The presentation of a charge sheet before you is contempt of court. No plea can be taken because the charge is null and void and we would request that the plea does not proceed until the case in High Court has been determined," he argued.
Police violated the rights of the activists
The prosecution did not object to the move, prompting the magistrate to defer the matter and have the High Court proceed with the case.
Civil society activists Ann Njogu, Okoiti Omtatah, Cyprian Nyamwamu, Ouma Odera and Mwalimu Mati, when they appeared in a Nairobi court, on Thursday. The charges against them were dropped following violation of their constitutional rights. Picture by Stafford Ondego
At the High Court, Mr Justice Onesmus Mutungi declared that the police had violated the rights of the activists by detaining them for more than 24 hours without preferring any charges against them.
Their followers sang in jubilation following the ruling.
"The prosecution is in violation of their rights and their current detention is illegal and unconstitutional. I order their immediate release," he ruled.
Mutungi also nullified the charges of taking part in an unlawful assembly, saying they were illegal. This followed an application by 20 lawyers led by Nowrojee.
Among the lawyers in court were Law Society chairperson, Mr Okong'o Omogeni, Mr Evans Monari, Mr Tony Odera, Mrs Betty Nyabuto, Fida Executive Director Ms Jane Onyango, Ms Judy Thongori, Kihoro and Mr George Kegoro.
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