Writer is just a pawn in political scheme to discredit, shame media

The manner in which the Directorate of Criminal Investigations has handled journalist Walter Menya’s bribery case raises serious questions about units of the National Police Service and other key public institutions being unlawfully used to pursue political or personal interests.

The saga could also bring to the fore the issue of other public organs that might be breaking laws against partisan political activity.

From the moment Mr Menya was arrested on Sunday, June 18, it became clear that the operation involved close collaboration between the investigating officers and a team of Jubilee Party social media operatives who form a key plank of the government’s political propaganda machinery.

FACEBOOK

News of Mr Menya’s arrest was first broken on Facebook by a prolific Jubilee-affiliated blogger, Pauline Njoroge, who posted photographs on her Facebook page soon after he was seized by DCI officers. “Keep it here for info as the story develops,” she wrote.

She followed up with more pictures of a handcuffed Mr Menya at the DCI headquarters, a restricted area where photography is forbidden.

Other bloggers linked to the Jubilee Party and State House also joined in posting and sharing the pictures in what seemed like a coordinated effort to generate as much publicity as possible.

TAKEN TO COURT

It is unlikely that such pictures could have been taken and distributed so liberally without the express permission of the Director of Criminal Investigations Ndegwa Muhoro, or higher up the hierarchy, the Inspector General of Police Joseph Boinnet.

When Mr Menya was eventually taken to court on Monday, it was not to face actual charges, but for investigating officer Moses Gituathi to apply for permission to hold him for three more days, to continue with investigations.

As Mr Gituathi was asking the court for more time to gather evidence, however, his officers were busy sharing the “evidence” already gathered for public dissemination through the Jubilee social media propaganda network.

CASH PAYMENTS

Audio said to be of Mr Menya negotiating cash payments with his mystery accuser, one Kennedy Kiprotich Koros, were widely spread on Facebook and Twitter, as well as closed discussion groups on WhatsApp and Telegram.

Also widely circulated on the same platforms were forwards and screenshots of alleged M-Pesa deposits on Mr Menya’s mobile phone.

The police seemed to have circulated the alleged evidence before it was presented in court, and also before it was subjected to the basic verification required before it is admissible as evidence.

It was also apparent that the alleged M-Pesa transactions had been edited to delete the name of the sender, which calls into question what else may have been faked or tampered with.

MAXIMUM PUBLICITY

And to reap maximum publicity, Mr Boinnet found it necessary to issue a public statement announcing Mr Menya’s arrest and detailing the alleged crimes.

Such statements from the police headquarters are usually reserved for a breakthrough in a serious crime such as terrorism, drug trafficking, mass murder or high-level corruption.

But it was also instructive that from the time of his arrest, Mr Menya was given the sort of treatment reserved for dangerous criminals.

He was kept incommunicado for hours and denied the right to speak to a lawyer.

Family, friends and colleagues and media were given the run-around, with deliberately misleading information from DCI headquarters on exactly where he was being held.

SELECTIVE LEAKS

The selective leaks through the Jubilee social media network seemed to suggest the police were running a political operation rather than a genuine criminal enquiry.

The propaganda offensive was in direct violation of police regulations and procedures regarding disclosure of information on ongoing investigations.

Officers who violate the prohibitions would be subject to disciplinary action, including dismissal and criminal prosecution.

It is still unclear why the police acted the way did, but it is likely that Mr Menya, whatever his transgressions, was just a pawn in a wider political scheme to discredit and humiliate the media.

VIOLATION OF RULES

Being part of such a scheme, the police leadership would also have been in direct violation of rules against political activity or being used to further the campaigns of any political party.

The Sunday Nation article that provoked Mr Menya’s arrest had detailed how top public servants had violated the law on political neutrality by attending a fundraiser for the governing Jubilee Party.

The public servants identified were the Kenya Revenue Authority boss John Njiraini, the principal secretary in the scandal-plagued Ministry of Energy Joseph Njoroge, and the chairman of the Kenya Leather Development Council Titus Ibue.

INTEGRITY ACT

Both the Leadership and Integrity Act and the Election Offences Act bar public servants from being agents of a political party, campaigning for a political party or candidate, or publicly indicating their political preferences.

Candidates for political office are also barred from using public servants or assets in their campaigns.

There is no information yet on whether Mr Muhoro, Mr Boinnet or Director of Public Prosecutions Keriako Tobiko are investigating the public officers cited.

There is also no information on whether the electoral commission  intends to apply sanctions on candidates or parties that are misusing public officers and assets for political campaigns.

Email: [email protected] Twitter: @MachariaGaitho