Ali ‘never took orders from anyone’
PHOTO | AFP
Retired Maj-Gen Hussein Ali (right) and his lawyer, Mr Evans Monari, at the International Criminal Court in The Hague on September 21. The former police boss has denied claims he took orders from Civil Service boss Francis Muthaura to create a safe corridor for Mungiki to attack ODM supporters in Naivasha during the post-election violence.
What you need to know:
- Lawyers cast former police boss as a man who was in charge of his forces during poll chaos
Former Police Commissioner Hussein Ali never took orders from anyone at the height of the 2008 post-election violence, his lawyers told the ICC judges on Monday.
They cast Maj-Gen (Rtd) Ali as a man who was in charge of his forces, even as they described the chaos that broke out after announcement of the presidential election results as “overwhelming and unprecedented”.
Lawyer Gregory Kehoe said Maj-Gen (Rtd) Ali, who is now the postmaster-general, never received phone calls from Head of Public Service Francis Muthaura to allow the Mungiki to move to Naivasha and Nakuru.
Maj-Gen (Rtd) Ali’s defence argued that with him at the helm, the police “brought the country from complete anarchy” despite the difficult environment that they were operating in.
They argued that the prosecution has ignored a lot of evidence, including official documentation that it has.
“The security entities in Kenya have chains of command and all the documentation has been ignored by the prosecution. Maj-Gen Ali never received instructions and there is no evidence that police failed to act to suppress evidence,” Mr Kehoe said.
The lawyer said there was no evidence from the prosecution over a meeting said to have taken place on January 3, 2008, or phone records showing that Mr Muthaura called Mr Ali to create “free zones” for the Mungiki in Rift Valley.
Mr Kehoe told the court that the Kenya Police pursued Mungiki before and after the elections.
He said that with their client at the helm, Mungiki was pursued as an outlawed organisation. In June 2007, police arrested over 2,000 Mungikis over numerous crimes, he added.
Maj-Gen (Rtd) Ali’s defence presented a documentary video produced by the police in 2007 on killings by the Mungiki. At the beginning of the video, Maj-Gen (Rtd) Ali calls on the public to help the police handle the group.
The video shows Ms Mary Waithera, who lost her children due to Mungiki activities. Another victim, Njuguna, also narrates how his grandson who worked in the matatu sector was beheaded by Mungiki.
Mr Kehoe said that on December 28, 2007, more police officers were sent to Nakuru to ease tension. Others were later posted to camps for internally displaced persons to deter attacks, he added.
He further said that the then police boss made decisions with subordinates on deployment based on intelligence.
“There was violence in the country, not just in Nakuru and Naivasha. Maj-Gen Ali had to make decisions on deployment,” he said.
