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{
"id": 68073,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/68073/?format=api",
"text_counter": 360,
"type": "speech",
"speaker_name": "Mr. Kapondi",
"speaker_title": "",
"speaker": {
"id": 36,
"legal_name": "Fred Chesebe Kapondi",
"slug": "fred-kapondi"
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"content": "Mr. Speaker, Sir, hon. Lessonet sought to know from the Minister of State for Provincial Administration and Internal Security:- (a) if he could explain the circumstances under which Messrs. Evans Kipchumba Keittany and Brian Kiptanui Birir died while in custody of police officers at Katarakwa Police Post in Koibatek District; (b) if he could provide the postmortem reports and state what actions had been taken against the police officers responsible; and, (c) what action the Government will take to ensure that such deaths now occurring at high frequency at the police post do not occur. Mr. Speaker, Sir, likewise, the Member for Lari, hon. David Njuguna, wished to know from the Minister:- (a) if he could confirm that four male youths were found brutally murdered, two at Kariko in Kinale Forest and two at Gumbi Forest in Lari District on 15th September, 2010; (c) if he could furnish the House with clear details of how the four youths met their deaths and who were the perpetrators of the heinous crime; and, (d) what urgent security measures he has put in place to guarantee maximum security to people currently living in the crime-prone area. Mr. Speaker, Sir, from the Ministerâs responses and the ensuing supplementary questions raised by the Members, the Deputy Speaker ruled that he brings a more comprehensive answer to the House after three weeks. In the meantime, it was directed that the Committee on Administration and National Security investigates the matter and files a report within two weeks. In this regard, the Committee undertook a fact-finding mission to Eldama Ravine and Lari as directed by the House. The Committee consequently visited Lari on Monday, 11th, October, 2010 and proceeded to Eldama Ravine the following Tuesday, on 12th October, 2010. The Committee held meetings with the District Security Intelligence Committees in Lari and Koibatek districts respectively. It met local leaders from the two districts who shared very vital information. The Committee also received oral and written evidence from family members of the deceased persons as well as other witnesses who had interacted with the victims in one way or the other before their demise. Mr. Speaker, Sir, the Committee also visited the scenes in Kinale and Gumbi forests in Lari District where bodies of youths had been dumped after they were killed. The Committee also visited Kiptoim, where a family had lost their son who was allegedly killed by Administration Policemen on 17th December, 2009. Mr. Speaker, Sir, having visited the two districts, the Committee agreed that in order to come up with a more comprehensive and inclusive report, it needed to visit other areas where cases of killings had been reported. The Committee, therefore, sought fresh mandate from the House to extend its sittings to Dagoreti, Nyakach and Kisauni districts with a view to coming up with more comprehensive recommendations. The request was granted and, hence, the Committee proceeded to visit the said districts between 21st and 27th October, 2010. Mr. Speaker, Sir, based on the findings, observations and conclusions, the Committee came up with numerous recommendations that the Members urge the House to adopt. The submissions by the security committee and the local leaders and relatives of the deceased persons provided the Committee with facts which they drew the conclusions and recommendations contained in this Report. I wish to quickly run through the Committeeâs observations, findings and conclusions. The Commission made the following findings:- (i) That there was no sufficient evidence to declare that the deceased persons found dumped in Lari had been killed extra-judiciously. Evidence adduced before the Committee pointed to Lari as having become a dumping ground for persons killed elsewhere. Other murders reported were as a result of normal thuggery. (ii) Kinale and Gumbi forests are favourite dumping spots for bodies by criminals due to the presence of thick forests, poor weather conditions and a rough terrain which is a steep escarpment, particularly, towards Kijabe, which the criminals have taken advantage of to perpetuate their heinous crimes. (iii) The adverse weather conditions around Kinale area have made it difficult for police to mount effective road blocks, checks and patrols. The area is always foggy, wet and, sometimes, extremely cold. That has led to an increased crime rate because, at times, the police are not well heated to effectively undertake their duties. (iv)There was apparent reluctance by the locals to provide adequate information to the police in the spirit of community policing. For instance, for a period of several months, a lone gunman along the Naivasha-Nairobi Road within Lari and Kinale Forest nicknamed one-man guitar has terrorized the locals for a long period and yet, the police have not been able to pin him down. He always evades police traps. That means he has contacts that fail to inform the police but keep him informed of possible arrests. It is also puzzling why no arrests have been made in Lari and yet, the security agencies in some cases have been informed about authors of leaflets that warn the locals of dire consequences if they do not part with cash. The authors are known but, interestingly, the police do not take any action to arrest them. That raised the eyebrows of the Committee. In Koibatek, the Committee observed that the police post at Katarakwa is to blame, in one way or the other, for the death of Evans Kipchumba Keittany, whom they arrested outside a bar, bundled him at the back of a police Land Rover and left him unattended as they drove towards the police station. The young man, in the process of being driven off, apparently jumped off the moving Land Rover and sustained injuries which led, ultimately, to his death. Mr. Speaker, Sir, observations are many and the recommendations are equally many. However, because hon. Members will be contributing, I would like to raise a few recommendations that the Committee made. (i) The Government should move with speed and release the investigations of mysterious persons who are killed elsewhere and bodies dumped at Lari. The criminals who have perpetuated the killings should be arrested and prosecuted. When we were investigating, it came out very clearly that the CID was closing in on some suspects. We believe the investigations have been concluded now. We expect those who are responsible for those heinous activities outside Lari, who took the bodies there, be apprehended and prosecuted. (ii) There is no sufficient evidence from the facts gathered on the ground to conclude that the victims whose bodies were dumped in Kinale and Gumbi forests were as a result of extra-judicial killings by the police. Therefore, the CID Department should, thus, fast track their investigations so that those who are behind those killings are brought to book and prosecuted. (iii) The circumstances surrounding the death of Evans Kipchumba Keittany point at police involvement though it may not be termed as extra- judicial execution. It is clear that the young man died due to police negligence. The police officers who were involved in the arrest of Kichumba Keittany should be held accountable for negligence of duty and his subsequent death. (iv)The police cannot be held responsible for the death of Brian Kiptanui Birir as the circumstances leading to his death are unclear. The young man disappeared immediately he was released from police custody and was found dead three days later. It is not clear why he hanged himself after being released from police cells. (v) The case of Kiptum Kibor was concluded by the Eldama Ravine Court and the accused officers acquitted. The Committee does not wish to open an inquiry into a case which the court conclusively dealt with. (vi) The officers at the police post at Eldama Ravine should be investigated for alleged malpractices against the local people. Those allegations range from arbitrary arrests to demand and taking of bribes. (vii) The Government should urgently address the issue of organized crime in Kisauni where organized gangs have taken control of the district and are killing and maiming innocent wananchi . The issue of drug and substance abuse in Kisauni should also be tackled alongside the one on criminal gangs. The police should further investigate the source of the drugs and charge those who are responsible. (viii) The matter of the killings of the seven taxi drivers allegedly by the police in Dagoretti is before the court. The judicial process should thus be expedited and the case concluded so that those behind the killings can be effectively dealt with according to the court process. (ix) The Government should also move with speed and arrest criminal gangs who are involved in killing and terrorizing people in Nyakatch as they steal their livestock. Such gangs and their masterminds are known as names have been forwarded to the security agencies in the district. However, no action against those criminals has been taken. I wish, with those few remarks, to move. I would like to request Mr. Ochieng to second."
}