Joho faces arrest over guns standoff

Interior and Co-ordination Cabinet Secretary Joseph Nkaissery addresses the media at his office on March 12, 2016. Mr Nkaissery said the Governor Joho will be investigated for refusing to obey police directives to surrender his gun licence. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

What you need to know:

  • The withdrawal of the guns has provoked a furious reaction from the opposition on the basis that policemen guarding Jubilee coalition politicians have not been similarly sanctioned.
  • Mr Joho, a licensed firearms holder, was ordered on Thursday to surrender his three guns in a letter signed by Chief Firearms Licensing Officer Samuel Kimaru.

Interior Cabinet Secretary Maj-Gen (rtd) Joseph Nkaissery on Sunday warned Mombasa Governor Hassan Joho that he faces arrest if he does not immediately return all the firearms in his possession.

The controversy over the issue, which has stirred a political storm, deepened with Mr Nkaissery saying the government had taken the step against the governor because of recent events surrounding the politician’s life.

He was referring to the closure by the Kenya Revenue Authority of Container Freight Stations (CFS) owned by Mr Joho’s family but opposition politicians have dismissed that theory, insisting Mr Joho was being punished for standing firm in the Orange Democratic Movement and leading campaigns for the Malindi by-election which the governing coalition lost.

“It was not about his political stand,” Mr Nkaissery said at a late afternoon press conference.

“The government realised there were unresolved issues on CFSs and a decision was made to withdraw the gun licence. If investigations show that the issues regarding the CFSs are okay, he will have his guns back. His chest thumping that guns cannot be taken away is crossing the red line,” said the minister.

“Behind the scenes, he is cooperating with the police but engaging in theatrics in public. Nobody can be bold enough to compete with government. You can’t challenge the government. Do not be mistaken on the government’s resolve.”

The development came as the Sunday Nation established that six opposition politicians from the Coast have had their police bodyguards withdrawn in the days following the Malindi by-election which the ODM candidate William Mtengo won.

The withdrawal of the guns has provoked a furious reaction from the opposition on the basis that policemen guarding Jubilee coalition politicians have not been similarly sanctioned.

VICTIMS
The leaders affected include governors Joho and Amason Kingi, who led the campaigns for the ODM candidate, and MPs Mishi Juma (Mombasa Woman Rep), Aisha Jumwa (Kilifi Woman Rep), Abdulswamad Nassir (Mvita) and Irshad Sumra (Embakasi).

The six were conspicuous and active throughout voting day on Monday.

Authorities have claimed their bodyguards were involved in violence between them and Jubilee coalition politicians who were campaigning for Mr Philip Charo, the Jubilee Alliance Party candidate.

On Sunday, the security agencies remained mum on the official reasons the guards were withdrawn and the politicians asked to hand in their guns.

Coast Regional Commissioner Nelson Marwa came closest to an official explanation for the action, saying on Wednesday: “Somebody has to take responsibility for whatever happened in Malindi, be it Joho, Kingi or Jumwa without considering the position they hold.”

Mr Marwa, who was characteristically tough-talking during the meeting in Lungalunga, Kwale County, went on: “Are these people gods? Why must some people and their goons break the law with impunity and go scot-free? Somebody is going to take responsibility for this,” he said without going into details.

Mr Marwa also cautioned security officers attached to VIPs in the region against “disrespecting the citizens and only taking action when their bosses are in danger”.

He vowed that the government would take tough action against those who will be found responsible for the Malindi violence and serve as a lesson. He warned that some people would “see fire from the government over the Malindi issue.’’

The following day, the government started withdrawing the police officers.

Mr Joho, a licensed firearms holder, was ordered on Thursday to surrender his three guns in a letter signed by Chief Firearms Licensing Officer Samuel Kimaru.

SAME FATE

On Friday, the Mombasa Governor declared he would not obey the order on the basis that he has never misused the weapons in the more than 20 years he has had them.

But Mr Nkaissery said the governor will be investigated for refusing to obey police directives to surrender his licence to own a gun.

“It is a privilege to own a gun, because you shouldn’t own a gun. You are not supposed to own a gun because government protects you, therefore the privilege shouldn’t be abused,” he said. 

He said that officers that were guarding the governor were under investigation over their conduct in Malindi.

The action on the six has provoked outrage within the opposition, with MPs Jakoyo Midiwo (Gem), Opiyo Wandayi (Ugunja) and John K’Obado (Uriri) saying they would hold President Uhuru Kenyatta accountable “should anything happen to Governor Joho”.

The argument in the opposition has been that if any action is to be taken on politicians because of the skirmishes in various parts of Malindi on Monday, then even the Jubilee coalition MPs involved should also face similar sanctions.

Sunday Nation investigations indicate that the action is related to violence witnessed in different parts of Malindi constituency on voting day where gangs which appeared to be well organised attacked and beat up Jubilee supporters before emptying their pockets.

The groups were stationed in most of the 100 polling stations spread out in the constituency’s five wards.

During the vote, Ms Juma, the Woman Representative for Mombasa, was in charge of Msabaha polling station while Ms Jumwa was responsible for Kakoneni and Jilore.

Governors Joho, Kingi and Senators Stewart Madzayo (Kilifi), Johnstone Muthama (Machakos), James Orengo (Siaya) and party secretary-general Ababu Namwamba appeared to be the overall supervisors and were moving in vehicles in and out of polling stations.

ROBBED
On the other hand, Jubilee also had a huge team of politicians from the Coast and outside the region on the ground.

The gangs moved meticulously and once they identified their victim, they meted out instant justice on them.

In at least four of the incidents, the victims mentioned senior politicians as having been present during the assault.

Mr Charo’s chief campaigner, Justin Rafiki, said he was accosted by armed thugs about 600 meters from Mrere SDA Primary School polling station. 

“Four Prado vehicles blocked my car and armed strangers came out. I tried to run away but they came after me. Kilifi Senator Stewart Madzayo was among those who beat me up. I asked him, mkoi (uncle) why do you want to kill me? He did not answer,” said Mr Rafiki.

Mr Madzayo denied the allegations.

“I was present when it all happened but I never raised my hand against my brother Rafiki or anyone else. Claims that I beat him up are just a very bad rumour. I was not happy the way these youth handled Rafiki and I intervened to have him spared more beatings,” said Mr Madzayo.

Another Jubilee campaigner, Mr Godffrey Karume, was beaten and robbed of Sh130,000 at Sir Ali bin Salim Primary School polling station, allegedly in the presence of Mr Joho.

“He held my arm and claimed I was bribing voters. His aides came for me, harassed me and ordered that I sit down. They ransacked my pockets and removed Sh130,000,” he said.

He reported the matter to the Malindi police station.

Among the nastier incidents was an attack on Ms Martha Kahonzi, a tailor from Kisumu Ndogo in Malindi town and a Jubilee activist.

Ms Kahonzi said she was arrested by police as she walked out of Karima polling station soon after voting. 

HUMILIATED

She claimed that the police searched her handbag and did not find any money, ordered her into their vehicle from where they reportedly communicated with an unknown person on the phone.

They then drove her back to the polling station and waited in the car.

“Within a span of about 10 minutes, I saw Prados arriving at high speed at the polling station and a top opposition politician was among them,” Ms Kahonzi said at a press conference.

“The police told the group,’’ she further claimed; “This is the woman who is spoiling your votes by bribing people, before handing me over to the rowdy men who started tearing my clothes and touching my breasts claiming that is where I was hiding the money.’’

A video of a naked Kahonzi surrounded by the agitated men went viral in the social media.

Mwea MP Peter Gitau was also beaten up in the presence of a local MP. 

They rummaged through his pockets and he was only rescued by police on patrol who took him to Malindi police station.

He was released later in the day. Bodyguards for Mombasa and Kilifi governors were on Sunday paraded at the Urban Police Division where the Malindi stripping victim was not able to identify her attackers.

Reports by Mwakera Mwajefa, Wanjohi Githae, Daniel Nyassy, Nelcon Odhiambo and Charles Wanyoro