AG, police faulted for derailing Mwakwere arrest

The Kenya Police and the office of the Attorney General have come under fresh charges of derailing the arrest and prosecution of newly-appointed Trade minister Chirau Ali Mwakwere over hate speech.

The National Cohesion and Integration Commission on Tuesday faulted AG Amos Wako’s office and Matthew Iteere’s Kenya police of failing to act on its recommendations to arrest Mr Mwakwere.

The Cohesion team vice-chair Mary Onyango was addressing a news conference where she stated that the matter was of public interest, hence their decision to go public with it.

But in a rejoinder, the Police headquarters denied that they were dragging their feet on the matter. Police spokesperson Eric Kiraithe instead accused the Commission of being impatient.

“We understand their impatience but the right things must be done within the confines of the rule of law,” said Mr Kiraithe.

Attorney General Amos Wako termed the accusations as false and without foundation.

“I wish to confirm that the allegations of hate speech against Hon Mwakwere by the NCIC are being investigated by the police and my office is yet to receive the result of that investigation from the police,” the AG said in a statement faxed to media houses.

Mr Wako said he was surprised by the Cohesion team’s decision to public with the matter when there were better channels open to them. According t the AG, there are modalities for handling complaints and allegations of hate speech agreed on by a joint team comprising of officers from the NCIC, the director of public prosecution and the police.

“Such agreed modalities are to effect that complaints of hate speech by NCIC should be referred to the police for proper criminal investigations and thereafter the completed investigations file be reviewed by the joint team before the same is forwarded to the Attorney General for his appropriate directions,” said Mr Wako.

Slowing justice

The Police and the AG have been criticised by local and international activists and human rights bodies of slowing the wheels of justice in Kenya as well as representing impunity and corruption. UN human rights investigator Prof Philip Alston in his final report also accused the police of extrajudicial killings.

NCIC’s call to have the minister arrested and charged came only a day after President Kibaki carried a reshuffle in his Cabinet.

In the reshuffle, Mr Mwakwere was the key beneficiary landing the plum Trade ministry that was held by newly-appointed Transport minister Amos Kimunya.

Mr Mwakere is a member of the President’s Party of National Unity and campaigned vigorously for Mr Kibaki’s re-election in the 2007 presidential election.

The minister is facing charges of inciting hatred during the campaigns to recapture the Matuga parliamentary seat last month, which he had lost after a successful poll petition.

Though the minister won in the July 12 by-election, the Cohesion team soon after said it had received complaints from the Interim Independent Electoral Commission and three other individuals against him.

Mr Mwakwere was also accused of threatening returning officer Hellen Sidi. The Interim Independent Electoral Commission chairman Ahmed Issack Hassan wrote to NCIC accusing Mr Mwakwere of misconduct by threatening the returning officer, contrary to the electoral code of conduct and the Political Parties Act 2007.

In the run-up to the by-election, the Muslims for Human Rights Organisation forwarded to the IIEC a list of candidates it accused of being involved in hate speech in Matuga.

Gathered evidence

Mrs Onyango and Commissioner Ahmed Yassin told the Press on Tuesday that the Commission completed its investigations and was confident of the evidence it had gathered.

The commission presented the police and the AG file on the minister on Friday, July 10 this year proposing arrest and prosecution.

More than a week later on Tuesday, July 20, the Cohesion team met Police Commissioner Iteere over the same and the need for a speedy resolution to the case.

“We are disappointed that this advice has not been heeded and as a Commission hereby publicly reiterate our advice to the Police and the honourable AG that Mr Chirau Ali Mwakwere be prosecuted for violating Section 13 and 62 of the National Cohesion and Integration Act 2008,” said Mrs Onyango.

She added that the Commission would leave it to the Kenyan public to decide if the two institutions fail to act in accordance with its recommendations.

“If we want to create a country governed by the rule of law the two offices must act. People must be held accountable of what they say,” the vice-chairperson told the press at the Commission’s Delta House offices.

Pending cases

Police arrested and charged roads assistant minister Wilfred Machage and MPs Fred Kapondi and Joshua Kutuny over hate speech during the referendum campaigns. The trio campaigned against the new Constitution.

President Kibaki subsequently suspended Mr Machage after he was charged with hate speech. Their cases are still pending in court.

Mr Machage faces three years in jail, or a fine of Sh1 million, or both if found guilty. If he is jailed for more than six months, then he will lose his parliamentary seat.

NCIC is however concerned that his particular one involving Mr Mwakwere has taken police more than 60 days to act.

“He (Mr Mwakwere) may be a minister but first and foremost, he is a Kenyan and must obey the laws of the land. This is the position of the Commission and we believe we share the same with the entire government.”