Moi denies ordering former MP detained

Former President Daniel Moi has absolved himself of blame in the arrest and detention of a former MP after the 1982 failed coup.

Saying that individual police officers, the then Commissioner of Police, the then Attorney General and the then Internal Security minister should be held responsible for their acts, Mr Moi argued that a case filed by former Alego Usonga MP Otieno Mak’Onyango was baseless.

Through his lawyer Kethi Kilonzo, the former head of state maintained his innocence saying he did not order the arrest, detention and alleged torture of Mr Mak’Onyango.

“He was arrested after a gazette notice was published, detained and prosecuted on orders of the Attorney General whose powers have been provided for in the Constitution,” said Ms Kilonzo.

If he was tortured, said Ms Kilonzo, individual officers should answer for themselves.

“None of the actions were executed by (Mr) Moi,” she said.

Giving a recent example where security officers stole millions of shillings, Ms Kilonzo said President Kibaki would not be later asked to answer for the theft.

Mr Mak’Onyango was arrested and charged with treason after the 1982 attempted coup. He was picked from his place of work on August 17, 1982, without a warrant and held incommunicado for almost a month.

He was later charged with treason alongside a university lecturer but the Attorney General dropped the case before it could be concluded. He was detained for four years before being released together with “other petty offenders.”

In his application, Mr Moi said the case had no reasonable cause for action to be taken against him and was meant to embarrass him in his retirement.

In reply, Mr Mak’Onyango, who was not represented, said Mr Moi cannot escape from any actions that befell him during the said period. He said he was arrested and detained on Moi’s orders. He added that it was he (Mr Moi) who also ordered his release.

He accused Mr Moi of abolishing preliminary hearings from the law and introduction of committal bundles, which he argued led to his torture.

“He went out of his way and amended the Constitution and introduced laws that affected my rights. He had an option of rejecting it and for reasons of his acceptance, he should be held responsible,” he said.

Mr Mak’Onyango added that Mr Moi played a big role in his arrest and he should be given a chance to demonstrate it through a trial.

“Let the case proceed to full hearing so that I can adduce evidence,” he said.

The politician-cum-journalist said he reads mischief in Moi’s application for the suit to be struck out since he (Moi) did not want the truth to come to come out.

Mr Justice Michael Khamoni will rule on the matter on October 30.