Oliver Mathenge
16 May 2008
Nairobi — The Kenya National Commission on Human Rights has written to the Attorney-General recommending the prosecution of nine senior security officials over the ongoing military operation in Mt Elgon.
The commission claims that the senior officers failed to prevent the torture of suspected militia in the area. The Government agency also wants the UN High Commissioner for Human Rights, Ms Louise Arbour, to recommend to the UN Security Council the suspension of the Kenyan Army from any future UN peace keeping missions.
Rights violations
The commission names Defence minister Yusuf Haji, Chief of General Staff Jeremiah Kianga, Kenya Army Commander Augustino Njoroge, Police Commissioner Hussein Ali, Administration Police Commandant Kinuthia Mbugua and Western provincial commissioner Abdul Mwasera as some of the senior officers who should be charged.
Others are army commanders currently leading the Mt Elgon operation named in the letter as S.K. Boiwo (commanding officer), Y.A. Mohammed (intelligence officer) and S.M. Musomi.
While making the letters public on Thursday, the agency said the named officers had failed to prevent alleged human rights violations by military personnel during the operation.
Grave breaches
"The Government cannot absolve itself of liability incurred by the armed forces in respect of serious human rights violations in Mt Elgon," commissioner Hassan Omar Hassan told a news conference at commission's offices in Nairobi.
Mr Hassan added that if the senior security officers ever issued torture orders then they were solely criminally liable.
However, the Government promptly dismissed the allegations and asked the commission to produce evidence to support its claims.
Government spokesman Alfred Mutua in his weekly briefing dismissed the report and said the Government would not prosecute anyone without evidence.
His sentiments were shared by Army spokesman Bogita Ongeri. He told the Nation that no military officer had even harmed anyone during the operation.
He told the commission to investigate the alleged torture in Mt Elgon in a more in-depth manner to understand what was going on.
"What we are doing is assisting the police to restore order. The local residents are hiding something and should tell the rights group the truth," said Mr Ongeri.
And, deputy police spokesman Charles Owino said Operation Okoa Maisha was not causing distress to area residents. However, Mr Owino said they were yet to see the KNCHR report.
Another KNCHR commissioner Kamanda Mucheke said investigations had revealed that the officers were negligent and must be punished for it.
Mr Mucheke also said the Army performed extremely well internationally but was failing to do so locally, thus the recommendation to the UN that Kenya be barred from peace-keeping missions.
Exact number
However, the rights body maintained that it had enough evidence on the military involvement in the torture of civilians. Mr Hassan added that they would seek international legal redress if the AG did not act on their recommendations.
"We have enough avenues to follow but we want to first exhaust all the internal ones," said Mr Hassan. Mr Mucheke said witnesses who volunteered information were receiving threats and harassment.
The letter to the AG is copied to President Kibaki, Prime Minister Raila Odinga, Justice minister Martha Karua, Defence minister Haji and Internal Security minister George Saitoti.
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I cant agree more. These mupets shout only to the authorities. When thugs attack the kenyans they shout that the government is doing nothing. when the government acts they say they are violating these thugs rights. What is their take on Odm brigade talking of amnesty to muderers of post election violence? Whom do these morons represent anyway?
The KNCHR should itself be probed and prosecuted for failing to raise a voice when thousands of Kenyans were being displaced from their homes and others systematically being massacred and burnt alive! who believes them nowdays? They are so petty and irrelevant!Once an organization lets itself be compromised as KNCHR was during 2007 election, it ceases to have credibilty. Which sin is more sacreligious-that meted to the IDPS or the supposedly torture in Mt Elgon. You are the same fellows who were shouting from the roof tops that athe Govt has failed to act in Mt Elgon to stop the crisis there. You are the same guys that blamed the police for not preventing destruction of property in Kisumu. When the Govt acts ,then you are unhappy. One doesnot fail to see where You are coming from.You are trying to salvage your reputation and to make yourselves relevant after failing miserably in your duties during post-election crisis.why are you not in the streets demanding planners and excuters of the post-election mayhem be prosecuted. or Attoney General' duty is only to prosecute the Armed Forces and not Cabinet Ministers and MPs? Give me a Break! You are all a laughable lot and candidates for Ringera probe for existing to eat tax payers money and all you do is clown around. Be real and shut up!