The Directorate of Criminal Investigations (DCI) has launched fresh investigations into pending 2007/2008 post-election violence cases, drawing instant protests from Deputy President William Ruto’s allies, who warned the move could open old wounds.
One of the major areas of focus, DCI boss George Kinoti said, will be threats to relatives of victims of January 1, 2008, Kiambaa church killings.
Kinoti, who was addressing a gathering of some of the victims in Nairobi on Monday, warned that detectives were determined to ensure there will not be a repeat of violence, adding that some of the perpetrators were well known to the victims.
“I would urge you all not to worry. It happened but I can assure you it will not happen again. The core mandate of the police is to prevent, deter and disrupt. We will not just speak but will act before damage is caused,” he said.
The DCI boss paraded some of the alleged victims who had recorded statements with police, saying detectives were acting on complaints received on September 15, from members of the public residing in specific areas, that they had been threatened by some identified people.
Kinoti said that after receiving the complaints, he dispatched undercover investigators to the affected areas.
“We decided to send detectives to the areas for about three weeks and were shocked to learn what was happening on the ground,” he said.
“Some of the complainants said they had been profiled and deliberately perceived as enemies. This was simply based on the perceived voting patterns,” Kinoti added.
Some people had complained that they were being referred to as ‘outsiders’ by their neighbours purely based on their perceived political inclination and were apprehensive that they could be targeted.
At the DCI headquarters, there was also a separate gallery where the photos of victims, including charred remains, were displayed.
The photos were taken by Scenes of Crimes detectives during the violence.
No one was allowed to take any photos and some of them were counselled before being allowed into the gallery.
At least 30 people were burnt alive in the Kiambaa church in Eldoret south where they had taken refuge during the 2007/8 post-election chaos sparked by protests over the outcome of the polls pitting President Mwai Kibaki and opposition leader Raila Odinga.
Ruto, who was then a member of Raila’s Orange Democratic Movement party, was charged at the International Criminal Court with allegedly playing a major role in creating and directing the group that attacked the church.
The DP, whose case collapsed for what the prosecutor termed as intimidation of witnesses, denied the charges and described the case as a witch-hunt.
On Monday, Ruto’s allies swiftly condemned Kinoti’s claims of threats, saying they bordered on incitement and could reopen old wounds.
“I urge all communities in Rift Valley and across the country to resist any form of violence especially the state-sponsored violence. DCI is engaged in the comedy of the absurd but not without the support of desperados in the highest offices. When we said Never Again we meant it. Resist,” said Elgeyo Marakwet Senator Kipchumba Murkomen.
On his part, Uasin Gishu Governor Jackson Mandago cautioned Kinoti to handle issues relating to post-election violence with caution.
“As Uasin Gishu county residents, we are asking Kinoti to desist from playing politics with the emotive issue of the 2007/8 post-election mayhem,” he said in Eldoret shortly after Kinoti’s statement in Nairobi.
“Very shameful for Kinoti to weave his unending political tales using victims of 2007 post-poll chaos. He cannot claim to have the capacity to do a better job than Kenya National Commission on Human Rights (KNHRC) and Waki. The government should activate those reports if they are genuine. Otherwise this is the usual Kieleweke desperation,” said Kericho Senator Aaron Cheruiyot.
He was making reference to investigations on the post-poll violence conducted by the KNCHR and retired Appellate Court judge Philip Waki who chaired the famous Waki Commission on the post-poll chaos.
Detectives on Monday recorded a total of 118 statements in a process that will continue today.
Out of the cases reported, 72 involved murder while 42 were about land displacement.
Kinoti said the identity of the witnesses will not be disclosed and that they had been assigned special unique numbers only known to the police. He also declined to disclose the specific regions from which the complaints were raised.
“I am speaking to Kenyans. I do not know issues to do with the regions they hail from,” he said.
Makueni Senator Mutula Kilonzo (Jnr) accused Kinoti of seeking to open old wounds.
“The re-opening of post-election cases on account of threats to individuals must be interrogated. When it was convenient, the State set up a task force which found no evidence to prosecute anyone in the 2007-8 violence. Have they discovered they were wrong after all?” he posed.
The revival of the cases comes barely three weeks after Kenyan lawyer Paul Gicheru surrendered to the International Criminal Court (ICC).
Gicheru, who had been accused of corruptly influencing witnesses of the ICC in the case against Ruto and radio journalist Joshua arap Sang’, had a warrant of arrest issued against him.
On Monday, the DCI boss said that though some criminal offences can have statutes of limitation, cases involving serious crimes such as murder and rape typically have no maximum period within which they can be prosecuted.
He ruled out cases being presented to an international court and maintained that after investigations, suspects will be charged in local courts.
“Criminal cases are never closed. Not all suspects were arrested and charged during that time. Our courts are very competent and all the cases will be tried locally,” he said.
According to clinical psychologist, Dr Carolyne Rukunga, who has counselled some of the attendees, most of them have not healed from effects of the 2007/2008 chaos.
“What we realised was that most of them had not healed. To some, this could be the beginning of the healing process,” she said.
One of the victims from Chapakundi in Olenguruone, Nakuru County, told the People Daily that his expectant wife died due to shock during the violence.
He said the wife was due to deliver in a week and he had taken her to hospital in Nakuru and on reaching Olenguruone on their way back, they were told they could not reach home because violence had erupted.
“She got worried about the young children we had left back home. She just collapsed and died in my arms,” the man recounted.
“I am glad that finally I have been given an opportunity to narrate what I went through and how I lost my five acres of land. I have not healed but at least I am happy,” he said.
