Azimio senators have raised a red flag over alleged attempts by the government to manipulate the outcome of the ongoing Senate investigations into Shakahola killings.
The Senate’s Ad hoc Committee chaired by Tana River Senator Danson Mungatana is investigating the killings that happened in Kilifi County.
On Monday, Azimio Senators Richard Onyonka (Kisii) and Godfrey Osotsi (Vihiga) vowed to shoot down any move construed to hide the bitter truth from Kenyans.
The two senators took issue with the decision by the committee to allow Interior Cabinet Secretary (CS) Kithure Kindiki to appear before it and speak on behalf of the officers who were on the ground at the time of the killings and whom the committee had invited.
“I believe that the CS is trying to be "careful" by managing who can speak because the people summoned are too many. But, it looks like he wants to sanitise what will come out! My opinion is, he should have allowed all these invitees to speak for themselves!” said Mr Onyonka, a member of the Ad hoc committee.
He went on; “if he tries to sanitise the hearings, then I will have no choice but to give a different opinion from his!”
Mr Osotsi said that the signs were clear from the start that the government was not interested in the outcome of the probe.
“The actions by the CS are a clear indication that something is cooking. They don’t want Kenyans to know who did what by commission or omission,” said Mr Osotsi adding; “Kindiki even transferred the security officers on the ground immediately the Ad hoc committee was inaugurated.”
On July 7, 2023, the Mungatana-led committee was to interrogate the Directorate of Criminal Investigations (DCI) boss Amin Mohamed and national government security officials who served in Kilifi County at the time of the killings and who were later transferred by CS Kindiki immediately the Ad hoc committee was established.
They include the area county DCI head, County National Intelligence Service (CNIS) boss, County Police Commander and the OCS in charge of Lango Baya Police Station, whose jurisdiction Shakahola Forest falls.
The others are area County Commissioner, his deputy, Assistant County Commissioner, Chiefs and their Assistants and the former National Steering Committee on Nyumba Kumi.
However, the committee was forced to eat a humble pie after CS Kindiki in a letter to the Senate said that he wanted to speak on behalf of the invited officials despite having had his time with the committee.
“The Cabinet Secretary, Ministry of Interior and National Administration has committed to appear before the Ad hoc committee on behalf of the officers listed in the referenced letter on the date that you will communicate,” the letter of July 4, 2023, signed by Mr Wilson Njega on behalf of Internal Security Principal Secretary.
According to Mr Osotsi, the letter is an attempt by the CS to manipulate the outcome of the investigations and that it defeats Article 125 of the constitution that gives parliament and its committees powers to call for evidence same as High Court- to “summon any person to appear before it for the purpose of giving evidence or providing information.”
Other than the security officials on the ground at the time, Nation has learnt that Chief Government Pathologist Dr Johansen Oduor was expected before the committee on Monday but did not attend.
It was later established that Dr Oduor was instructed by mandarins at the Interior Ministry to be in Kilifi with CS Kindiki for the inauguration of the fourth phase of postmortem examination for the victims of the Shakahola killings.
Mr Onyonka said that Kenyans will accept nothing but the truth from Shakahola killings to inform the government of the required security measures.
“We must have the truth come out about the Shakahola matter. Other than this, we may refuse to make that report as unanimously passed by the committee. This is a matter that is too important for Kenyans,” the Kisii Senator said. “I believe in the integrity of Senator Mungatana. I know he will accept our bipartisan engagement on this issue,” Mr Onyonka added.
When he appeared before the committee on May 26, 2023, CS Kindiki announced that “in the next two weeks,” the state will start a disciplinary process against any public officer who might have contributed to the mess, leading to the killings.
“We shall interdict all officers whose action or inaction may have contributed to the deaths in Shakahola. We shall prosecute those whose acts of omission or commission meet the threshold of prosecution,” said Prof Kindiki.
CS Kindiki added that the government is determined to get to the bottom of the infamy that led to the deaths.
“We are careful and cautious because we want to give those who are culpable a chance and carry out a lawful process.”
Soon after the deaths were uncovered early this year, CS Kindiki reshuffled top security and government administration officials from Kilifi County in a move that many argued was a scheme to bury the facts surrounding the infamy.
Senator Mungatana was among those who expressed concerns that the reshuffle of the security officials was untimely and that it did little to instil confidence in a population that was traumatized by the events that led to the killings.
Senator Mungatana argued that instead of transferring the officials, the state should have interdicted them as it amounted to transferring a problem from one station to another.
“There was an obvious case of dereliction of duty and these officials should have interdicted until they are absolved from culpability by investigations,” said Senator Mungatana.
