Waki likely to call for police shake up

Members of the public follow proceedings during the closing of the public hearings at the Waki commission of inquiry into post-election violence in Nairobi. Photo/PHOEBE OKALL

A major reform of the police force is likely to be proposed by the commission looking into the post-election violence, including a new leadership policy, which could force police chief Gen Mohamed Ali and the commander of the Administration Police to step down.

That is the view of lawyers, rights advocates and government officials who testified before the commission and on the conduct of police during the General Election and the bloody violence arising from the disputed presidential results.

The report by Mr Justice Philip Waki to be presented to President Kibaki and Prime Minister Raila Odinga by Thursday, will be the most comprehensive investigation of the violence, which rocked Kenya in January and February this year, leading to the formation of a coalition government brokered by former UN secretary-general Kofi Annan.

Interviews with a cross-section of witnesses indicate that the commission received shocking evidence of police brutality, including point-blanket shooting of citizens, sexual attacks and refusal to investigate crimes committed during the mayhem.

It is also believed to have received firm proof of involvement of the Administration Police in election rigging and attempts by the National Security and Intelligence Service to meddle in the polls.

The report, judging from some of the evidence presented to it over three months of hearings, is likely to  pass a harsh judgment on the Police Force and the Administration Police and could implicate top politicians and businessmen in violence.

Some of the evidence was given in open hearings monitored by the media while some was presented in closed sessions at different locations across the country.

President Kibaki and Mr Odinga are scheduled to receive the report on Wednesday.

The commission is almost certain to question the role played in the elections by the Administration Police, which was publicly accused of helping in attempts to rig vote results in Nyanza Province.

Campaigns

At the height of the campaigns, an Administration policeman was killed by a mob in South Nyanza while some four people who were believed to be APs were arrested in Keiyo District as they prepared to distribute hate literature discrediting Mr Odinga who was ODM’s presidential candidate.

The Waki team, in testimony partly heard in public, is understood to have received evidence from medical officers and citizens showing that police could have killed nearly half of the more than 1,200 people who died in the election violence.

The police are also likely to come under fire from evidence presented to the commission by gender rights lobbies showing they participated not only in perpetrating sexual crimes, but also in covering them up by refusing to record statements from the victims.

The Electoral Commission of Kenya declared President Kibaki of PNU the winner of the December 27 General Election.

But ODM disputed the results and said its candidate, Mr Odinga, had won the polls, prompting party supporters to launch violent protests in Nairobi, Rift Valley, Nyanza and some parts of Western and Coast.

Some police officers replied with brutal force. An officer was caught on camera shooting a youngster in Kisumu. A policeman has since been charged in court.

Evidence from a Kisumu pathologist revealed to the media showed that of the 50 police shot, 30 were shot from behind. The commission could find no legal or operational justification for shooting civilians from behind.

The figures are complemented by other witnesses whose evidence showed indiscriminate use of firearms by the police.

Recent media reports say the proposals include creating an international criminal tribunal to collect more evidence and prosecute politicians and businessmen who have been identified as having played a key role in the post-election violence.

Such tribunal, which would be similar to one set up in Cambodia, will have local and international judges and lawyers.

It is also expected that the report could raise serious questions on senior Government officials, who were in charge of security since presentations to the commission said spy agency National Security Intelligence Service showed violence was to break out regardless of the poll winner.

It means the magnitude of the violence could have been avoided had security agents cared to seal possible loopholes before the elections.

Following the decision by the Kriegler commission on the handling of the General Election not to name culprits, it remains unclear whether the Waki team will draw up and make public a post-election violence  list of shame.

Kenyans will keen to hear the report’s verdict on the fate of youths held in connection with the violence and whether or not they should be granted amnesty, which ODM leaders have been pushing for as much as coalition partner PNU has been opposed to it.

During the hearings, ODM secretary- general Anyang’ Nyong’o called for release of the youths, saying, they were exercising their democratic right.

But attorney-general Amos Wako ruled the law had to take its course meaning the youths would be tried in court.

The Waki team could, therefore, rule on the fate of the youths including recommending amnesty for petty offenders.