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AG Censures Police Over Demo
The Nation (Kenya), Aug. 22, 2002
http://allafrica.com/stories/200208220052.html
By David Mugonyi
Sharp differences have emerged between the attorney-general and police over Tuesday’s public demonstration by the banned Mungiki sect. Mr Wako yesterday accused police of a serious “dereliction of duty” for failing to prevent the march through Nairobi by the controversial movement, which was proscribed five months ago.
He spoke as protests mounted among politicians and wananchi over the dramatic Mungiki parade in support of minister Uhuru Kenyatta’s campaign for nomination as Kanu’s presidential candidate.
“For the police force and other law enforcement to stand by and witness offences being committed is a dereliction of their duty. I call upon police and other law enforcement officers to ensure they take timely and effective action when any of the unlawful societies engage in activities of any kind,” Mr Wako said.
Business came to a standstill when 3,000 members of the controversial sect marched through the city centre to Uhuru Park, condemning opponents of Mr Kenyatta in the Kanu polls race.
They sniffed tobacco, wielding clubs and pangas and waving pro-Uhuru placards. Some brandished swords, but their leader insisted they stood for peace.
Mungiki was proscribed with 17 other groups in March after its members were linked to the Kariobangi massacre in Nairobi, which left 23 people dead. But at the demonstration, plainclothes policemen and intelligence officers freely mixed with the marchers.
Police spokesman Peter Kimanthi later said the demonstration was allowed because its organisers had notified police as individuals and not as Mungiki members.
But Mr Wako, in a strongly-worded statement, warned that it was an offence for anyone to “allow, attend or assist” members of an unlawful organisation to engage in any of their activities”
Although it was the right of every Kenyan to support a candidate of their choice and to hold peaceful demonstrations, to do so under an unlawful organisation was an offence “for which they will be apprehended, tried, convicted and punished in accordance with the law”.
“I require the police and other law enforcement agencies to pay particular attention to this and rigorously enforce the law,” Mr Wako said.
“The Minister of State declared 18 societies, including Mungiki movement, to be dangerous to the good government of the Republic of Kenya. In law, the said societies became unlawful.”
Former environment minister Joseph Kamotho described the mungiki demonstration “as a very bad show.”
“How on earth was a proscribed group allowed into the streets to use violent language an intimidate the people? The government should take responsibility. We should not pretend we believe in the rule of law only to bend it when it comes to certain aspects,” he said.
He spoke against “militia type” groups and added: “Any leader using Mungiki for support will fail.”
[...]
In Kisumu, the once-dreaded political youth group, ‘Baghdad Boys’ announced that they would hold a demonstration in the town in support of the Rainbow Alliance. The group’s former leader, Mr Audi Ogada, said they would revive the group because of the warlike remarks by Mr Kimani and Mr Ndicho.
Speaking at Munyu Secondary School on Saturday, the two MPs announced that they would use the Mungiki sect to counter opposition against President Moi’s Uhuru-for-President campaign.
In what was dubbed the “Munyu Declaration”, Mr Kimani said : “We have already met and resolved that no one will be allowed again to abuse Moi. And I’m telling Mungiki to ready themselves.”
Clergymen in the North Rift condemned the government for allowing the banned Mungiki sect into the streets .
Bishop Thomas Kogo and Reverend Maritim Rirei of Eldoret Anglican diocese asked how the group was allowed to march in full view of the police.
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