08 Sep

RE: STATE OF THE NATION – KAPEDO KILLINGS, COLLAPSED SOLAI DAM, IMPUNITY & THEFT OF KES 9 BILLION AT NYS


We have remained steadfast in pursuit of issue-based and non-confrontational politics. We believe in the rule of law and that the Judiciary is still the last point of call for resolving all disputes in Kenya; not the streets nor the calling for violence.

After recent happenings in our country, it has been confirmed that what we have all along said, that no single issue that affects ordinary Kenyans is or has been conclusively resolved with solutions; be it the collapse of the Solai Dam, the continued and weekly killings in Kapedo, Baragoi, Wajir as well as many other challenges faced by our country including the now reported theft of public money at NYS whose “theft premium’’ has gone up from the previous KES 2 billion to KES 10 billion. There is no doubt that theft of public money is now the most lucrative trade in our country to a privileged minority both in the political, private sector and public service! 

We are concerned that, as a country, we have “normalized” certain bad manners and ills that go unpunished: 

ON IMPUNITY

In November of 2014 in Kapedo of Turkana East, we excused self-confessed Pokot bandits who killed 21 policemen including national police reservists (NPRs) under the leadership of known politicians. Because we excused those criminals, they have in a span of seven days this May 2018, killed 3 students and their driver, two NPRs and even gone ahead to steal their firearms, which is the property of government. The two NPR’s were slaughtered while guarding a congregation in a church. To demonstrate the impunity in which these bandits operate, mourners when lowering the bodies for burial, were showered with bullets so as not to bury the dead. What Kind of inhumanity is this? Even Savages don’t kill already dead bodies!


ON RULE OF LAW

Pursuant to our pillar No.5, protecting the constitution and rule of law, we gave the government 14 days to take stern action against the criminals, compensate and pay adequate damages to the families of the deceased. If the usual supposedly “tough talking” Fred Matiang’i does not take action as we have hereby demanded, we shall invoke the full provisions of Article 258, which gives every person “the right to institute court proceedings claiming that this constitution has been contravened or is threatened with contravention”. It is a fact that residents of Kapedo in the County of Turkana continue to lose lives daily, which is against the guarantees of our Constitution of Kenya 2010. We shall, as a party bring court proceedings pursuant to Article 258 (2) on their behalf.

In the event that the government does not take action accordingly, we shall without delay engage in the plan of action set out below:

ON THE THEFT OF KES 9 BILLION AT NYS –.

We shall without delay jointly sue all NYS signatories and all private sector beneficiaries with an aim to obtain punitive jail terms for them and also recover the funds. In this regard, we intend to sue:

  1. The Director General of the NYS and other signatories involved in the scandal
  2.  Private Sector PAYEEs


ON THE COLLAPSE OF SOLAI DAM AND ASSOCIATED DAMAGE

The collapse of the Solai dam was not through an act of God; it collapsed due to deliberate human error and failure of oversight by regulatory authorities. On the strength of public interest, we shall proceed to sue the following entities without delay:

  1. The Land Owners; Mr Perry Mansukhlal Kansagra (CEO Solai group of companies, and Mr. Vinoj Kumar (GM Solai coffee Estate)
  2. Ministry of Water
  3. County Government of Nakuru
  4. Attorney General
  5. National Environment and Management Authority (NEMA)


ON THE KAPEDO KILLINGS AND INSECURITY

After the lapse of the 14 days’ notice above we shall, without delay embark on preparing court papers to prosecute:

  1. The Inspector General of Police
  2. Cabinet Secretary for Interior and National Coordination.


In respect of the weekly killings at Kapedo, we further hold the Inspector General of Police, Mr. J. Boinett as well as the CS Interior & National Coordination responsible for failing to: 

  1. Act on intelligence reports given to them, which if they had acted upon would have saved lives; 
  2. For failure to apprehend, question and prosecute the following individuals whose names and activities in the Kapedo area are related to the killings: 


  • One William Kamket, the area MP for Tiaty Constituency who has made public claims that Kapedo is a place he shall claim for the Pokot community, and as a result of which violence and killings have constantly been reported. In fact, last week he was spotted in a Helicopter going around the areas of Kaamosing, edoket Aukot, Lomello (all areas within Kapedo/Napeitom ward of Turkana East), and the said Kamket finally landed at a place called Emeyan where it is reported that he was mobilising the Pokots bandits and allegedly distributed munitions labelled KDF to them. The said Kamket is reported to have stated that he would terrorise Kapedo for two good months.
  • One Gedion Kipsiele Moi, current Senator of Baringo county has also been repeatedly mentioned over Kapedo. His interest lies in the geothermal deposits in Mt. Silale, which is in Turkana County. In fact, on the day of the killing of the three school children (that is May 5, 2018), just about 10 km from where he was holding his political meeting, he went further to promise residents of Chemalingot that he will do all he can to ensure that Kapedo reverts back to Baringo county.  
  • Captain Hillary Kibet who is the officer in charge of Chesitet KDF camp is reportedly behind hostilities meted out against residents of Kapedo. When phoned by people of Kapedo for rescue following the attack, he responded by asking the people of Kapedo to vacate Kapedo.
  • One Lotella Yokir is current Member of the County Assembly representing Silale ward. He, too, is reportedly active on the ground with all manner of threats to residents of Kapedo. 
  • One business man by the name Nasia of Ameyan is also another person of interest over Kapedo killings. 

In addition to the foregoing, it is reported that the said leadership promises each Pokot bandit KES 100, 000/- for every Turkana death. This is nothing but genocide in the making. In addition, any misguided and forceful annexation of Kapedo will meet the full force of the both the law and the people Turkana in general. 

Lastly, we urge all the above named parties to swing in to action or risk embarrassing themselves in a judicial recourse and enormous legal bills in the event that they ignore our notice while assuming that life will just move on. As a party, we do not engage in empty rhetoric, we shall definitely sue and obtain favorable orders against the said persons.

The time for treating ORDINARY CITIZENS of Kenya like DIRT is over!!


For: Thirdway Alliance Kenya

Ekuru Aukot