Haki Africa petitions ODPP to investigate deaths during protests

Human Rights Organisation, Haki Africa has formally petitioned the Office of the Directorate of Public Prosecutions (ODPP) to order a probe into the deaths that occurred during the anti-government protests.

To achieve success in the probe, Haki Africa has asked the ODPP to demand copies of all the post-mortem reports done of the victims of the protests, and ballistic reports of the bullets retrieved from the bodies, to help identify the guns used to kill.

The organisation has also asked the DPP to demand for firearms, handing over reports from various police stations and armouries.

"This will enable you to identify the officer who used the guns that caused the deceased's death. Those officers should be the suspects/accused persons and should be arraigned in court," the organisation said.

The NGO further requests that the ODPP be provided with copies of the briefs delivered to officers before the operation to assist in determining who bears command responsibility for acts taken in their area of command.

The names of the officers in command and who engaged the protesters are also included in the list of demands, according to the organisation, who should be held accountable for allowing the use of live bullets, allowing officers to shoot at protesters, and failing to prevent officers from using excessive force.

"We believe this is information that you can get in the next five days to place you in a position to parade the responsible officers in court to answer to the charge of murder or any other charges related thereto," Haki Africa Executive Director Yusuf Aboubakar said.

The organisation stated that the DPP's failure to take action against the said officers would force them to launch a private investigation.

"In the meantime, we notify you that, if you will not take the above-stated action or any other action that leads to charging the officers responsible for the deaths of the protesters, then we as an organisation shall institute private prosecution on behalf of the citizens of Kenya and in particular the victims of the said deaths," the petition said.

The ODPP is under Article 157(4) of the constitution given the power to direct the Inspector General of the National Police Service to investigate any information or allegations of criminal conduct and the IG has to comply.

On Tuesday last week, DPP Renson Ingonga returned to the Independent Policing Oversight Authority (IPOA) four files that had been forwarded to the ODPP for action over deaths that occurred during the protests.

He cited gaps in witness statements and insufficient evidence as reasons for the delay in prosecuting the alleged officer responsible for the deaths of Rex Kanyeki Masai and Evans Karatu, as well as Dominic Wanjala Mutua and Gianna Markel Obonyo, who were injured by gunshots.

The delay has been seen as a deliberate effort to frustrate the cases.