allAfrica.com Africa 2004


Team to Probe Police Role in Kisumu Riots

The Nation (Nairobi)
NEWS
July 9, 2004
Posted to the web July 9, 2004
Nairobi

A high powered police team will investigate the conduct of their own officers in the aftermath of the Kisumu riots which left one man dead and dozens injured.

The team, from the police headquarters in Nairobi,will study "the circumstances under which this unfortunate incident occurred", according to a statement by police commissioner Hussein Ali.

His statement gave no further details but went on to advise the public "to be calm and avoid incidents of breaking the law but instead assist the police to maintain law and order so as to help contain the situation."

However, one of the team's key tasks would be to find out why police used live bullets instead of rubber bullets or tear gas to disperse the crowd, National Security minister Chris Murungaru told MPs yesterday.

He went on to accuse politicians of inciting the rioters. Nyanza PC Aggrey Mudinyu promised the Government would make the team's findings public.

"It's an era of transparency and we shall not hide anything from anyone," he said.

However Kisumu MP Gor Sunguh criticised the validity of the team and suggested that as police officers themselves they would be biased in dealing with other officers.

Politicians from the area and affected local residents should be included, he said.

He spoke as as more than 60 of those arrested during the chaos on Wednesday were released without charge.

It was not clear whether the investigation will include police reaction to earlier rioting in Kisumu on Saturday, when another man was shot dead and dozens of others injured.

Those riots, like Wednesday's, centred on protests over the stalemate in the Constitution review and started after a protest rally was declared illegal.

Security head Dr Murungaru spoke yesterday after an enraged Mr Sunguh, MP for Kisumu Town East, produced a spent cartridge in Parliament and demanded: "Why did police use live bullets to shoot at rioters?"

He had to be restrained by Speaker Francis ole Kaparo who told him to cool down and surrender the cartridge to Parliament's Serjeant-at-Arms.

One man died during rioting in the town on Saturday when the demonstration over the stalled Constitution review was blocked as illegal, and another man was killed by a police bullet on Wednesday during further protests.

Announcing the investigation, Dr Murungaru told Parliament some local politicians were to blame for the riot because theyhad incited youths to demonstrate on the streets.

"Police could not sit aside and watch as hooligans destroy people's property in the name of a new Constitution," he said.

Dr Murungaru said the Government regretted the loss of life, and added: "While it is the right of every Kenyan to enjoy certain rights and freedoms, that right should not be used to infringe on the right of others."

The government had the duty to protect private property of Kisumu residents, which had been targeted by the rioters.

He said chaos erupted on Wednesday when a group of youths blocked the Kakamega-Kisumu road, lit bonfires and started stoning motorists.

Their intention had been to harass innocent people going about their daily chores, and to loot public property.

Contrary to the law, he said, police were not notified of any intention by the youths to hold a meeting or a demonstration.

But when police tried to quell the disturbances, the youths charged at them, prompting police to defend themselves, which in turn triggered the day-long riots. Dr Murungaru said in the process, one person was shot dead on Wednesday, and 19 others injured, including one police officer.

Mr Sungu said 24 people, including five children, were in hospital after being injured during the rioting.

Police had responded with brutal force, instead of using tear gas and rubber bullets to contain the situation.

The MP said the riots were instigated by some politicians from Nairobi, who wanted to portray Kisumu people as anti government and violent.

"I can even name the MPs if I am given chance," Mr Sungu said.

Mr Joseph Nkaiserry (Kajiado Central, Kanu) said it was the business of government to provide security to all Kenyans, and not use maximum force on them.

The MP, who is shadow security minister, said the blame lay squarely on Dr Murungaru and demanded he should resign.

Mr Ken Nyagudi (Kisumu Town West, Narc) said he was shot at by police and he claimed they even shot at innocent women and children.

"A woman kneeling down and pleading for mercy was shot at. What kind of policemen shoot at women?" Mr Nyagudi asked.

Dr Bonny Khalwale (Ikolomani, Narc) asked the Government to act against politicians misusing jobless youths for their own selfish ends.

He demanded to know, amid applause from the government side, why the MPs leading the youths to demonstrate had not taken their children to the streets with them.

Mr Otieno Kajwang' (Mbita, Narc) said the protection of law and order did not mean the killing of children and women. "What is the meaning of law and order according to the minister?" he asked.

Mr Kaparo said MPs could make the country safe or unsafe, according to their behaviour.

Earlier in the day, MPs including an assistant minister blamed the Government for the riots.

The MPs - Mr Sunguh, Mr Ken Nyagudi (Kisumu Town West) Mr Sylvester Wakoli (Bumula) and Foreign Affairs assistant minister Moses Wetangula - said the Government had failed to contain the riots and instead resorting to shooting people with live bullets.

They said it was wrong to use live bullets on people who were only asking for what was due to them; the new Constitution, and they demanded a ministerial statement from Dr Murungaru.

The protesters , they said, were like any other Kenyans and should have been dispersed using teargas and water canon and not live bullets.

While addressing a Press conference at Kisumu Airport yesterday, they said live bullets were not used in Nairobi last Saturday when similar riots had taken place and the situation was more threatening. They accused the police of mischief.

"These shootings were unwarranted and should be condemned in the strongest terms possible.We do not understand why even innocent school children had to be victimised yet the country is not at war," said Mr Sungu.

Mr Wetangula condemned the shooting saying it was a harsh way to treat protesters who could have been dispersed using other means.

Said he: "The police should have known better how to disperse the rioters rather than resorting to the use of live bullets,"

He accused the police of excessive force and said they will take up the issue as a Goverement and that those found guilty would be prosecuted.

Kisumu Town West MP Ken Nyagudi accused the Government of denying Kenyans their constitutional right of expression.

"Why must the police shoot people who are agitating for their rights? We are holding the Government responsible unless it comes out clean on this matter," he said.

In Kisumu, more than 60 people arrested during the riots were freed from Central police station cells shortly after 7am on the orders of the District Security Committee.

Kisumu police boss Clement Gatogo said they had been released "because they were found not to have played significant part in the skirmishes."

 
 

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