Top politicians linked to abuses by Truth commission fightback

Wednesday, May 22nd 2013, By STANDARD TEAM
Kenya: Top politicians linked to abuses perpetrated by successive regimes came out fighting against a report recommending that they be investigated and possibly prosecuted for various alleged offences.
They are among figures implicated in the Truth Justice and Reconciliation Commission ( TJRC) report that details massive
land grabbing, political assassinations, torture of detainees and repressive operations by security forces transcending three regimes.
MPs Joseph Nkaissery (Kajiado central), Samuel Moroto (Kapenguria), Omondi Anyanga (Nyatike) and John Serut (Mt, Elgon) are among those who dismissed the claims against them. Nkaissery, a retired army general, is adversely mentioned over the 1984 military operation dubbed ‘Operation Nyundo’ to disarm Pokots in which the report says lives were lost.

On Wednesday, Nkaissery said he couldn’t be accused of committing a crime yet he led an operation ordered by the National Security Council chaired by then President Moi.
“They ( TJRC) should have started with other top army chiefs and provincial administrators who coordinated the operation,” he said. Nkaissery said he was ready to be investigated.
But he threatened to sue TJRC for adversely mentioning him without according him an opportunity to defend himself.
“I am consulting my lawyers to determine the next cause of action.”
He disputed that there were killings during the military operation.
Former Vice President Kalonzo Musyoka said he would not comment on the report that adversely mentioned him until he read its contents. Kalonzo is named over the controversy that dogged some huge tracts of land at Tholoni.
Torture and pillage
But when contacted yesterday for comment, Kalonzo said: “I will not comment until I have read the report.”
Serut told The Standard yesterday that he had no association with the Sabaot Land Defence Force (SLDF).
SDLF was a militia that operated in Mt Elgon district since 2005 and was responsible for atrocities including murder, rape, torture and pillage before it was crushed in 2008 in a military operation.
Serut said: “SLDF killed two of my brothers – Edward Serut and Jeremiah Serut and Ms Milibah Serut. They also shot two others, Moses Serut and Kiplangat Ndiema, besides many other relatives. If I had an association with SLDF, how could they have killed and injured my own people.”
The MP said he appeared before TJRC Commissioners in Bungoma and tabled documents that he said had seemingly been ignored. Those behind the group were well known to the public and the Government, he added.
“I am waiting for the DPP to contact me, then I can table the documents before him. I have recorded several statements with the police over this matter,” Serut said.
Anyanga accused TJRC of trying to justify monies allocated to them by picking contents from the Kenya National Commission on Human Rights report.
He is accused of funding and coordinating 2007/08-post election violence in Migori County. 
“They did not even bother to summon me and instead picked the KNCHR report to implicate me. I am ready to be investigated but fault the manner in which TJRC did its work,” the Nyatike MP added.
Moroto denied involvement in the alleged human rights abuses. He was implicated in the tribal clashes between his Pokot community and some communities in the neighboring Trans-Nzoia County.
“Let the Commissioners come out in the open and own up to the fact they were not only groping in the dark, but wanted to fix some people to justify their stay in office,” Moroto said.
He termed the recommendation that he be investigated by the DPP a ‘witch-hunt’.
“I did not take part in instigating tribal clashes. Those with evidence should come out and I will be ready to face prosecution,” Moroto told The Standard yesterday.
Former Cherangany MP Joshua Kuttuny who is accused of funding 2007 post-election violence activities denied involvement in the country’s darkest moment. “I was only 27 years old then, having graduated a year earlier and did not have the capacity to fan violence as alleged,” Kutuny said.  The former MP pleaded his innocence and said he was ready to be probed.
Former Limuru MP Peter Mwathi, who was also linked to the post-election violence, said his naming in the report surprised him.
Mwathi said he had not been summoned. He, however, said he could not comment further until he reads the report.
Former Mt Elgon MP Fred Kapondi dismissed the report linking him to the SDLF activities as “based on hearsay.” “It is basically narratives because what TJRC has simply done is reproduce narratives from some people who appeared before it without counterchecking and analysing the information critically.”
Kapondi explained that the courts had exonerated him from blame after the 2007 charges against him were thrown out.
King’ori Mwangi, who is the Deputy Head of Police Reforms, said TJRC summoned him, but some of the issues they raised were irrelevant to him.
“They asked me to answer issues to do with Wagalla Massacre which happened when I was not even a police officer. They also asked me to respond to issues that happened when I was in college,” said Kingori. He said he responded to all the allegations before the commission in person and through his lawyer Kioko Kilokumi.
Former MP Petkey Miriti dismissed as “sheer nonsense” claims that he was among police officers that tortured Mwakenya suspects. Miriti, who served in the old Special Branch before his election to Parliament, denied ever having tortured any one. He claimed he was in Tanzania at the time and dismissed the TJRC report as falsehood and witch-hunting.
Throughout his one term stint in Parliament Miriti denied his involvement in the atrocities whenever they brought up by colleagues.
Denies responsibility
The former MP for Makueni, Peter Kiilu, who was linked to the excision of forestland during his tenure as Central Provincial Commissioner said: “I need to see the report. I have no comment for now until I read it.”
Embu Governor Martin Wambora dismissed the report that implicated him in torture of Mwakenya detainees.
Wambora said the report has no basis, as he never did such a thing when he served as a provincial administrator.
Prominent businessman Jackson Kibor rejected reports implicating him in ethnic clashes at the Rift Valley.
The report links Kibor to ethnic clashes occurred in parts of Rift Valley in the year 1992, but he denied any participation in the violence and called for thorough investigations to ascertain the truth.