Lawyer wants ministers charged over poll chaos

Lawyer Njenga Mwangi outside Sheria House after serving the Attorney General with papers March 29, 2011. He wants the AG to prosecute three ministers and a Nairobi councillor over post election violence crimes committed in Nairobi.. STEPHEN MUDIARI

Posted  Tuesday, March 29 2011 at 14:46

A Nairobi lawyer has notified Attorney General Amos Wako of his intention to institute private prosecution against three ministers on behalf of post-election violence victims.

Mr Njenga Mwangi told the AG that his clients intend to use information contained in a report by the Kenya National Commission on Human Rights and other public documents to have ministers Anyang' Nyong'o (Medical Services), Otieno Kajwang' (Immigration) Nairobi Metropolitan Development assistant minister Elizabeth Ongoro and a Nairobi councillor.

“Our clients’ instructions are that unless you institute prosecutions against the said persons within the next seven days, we have firm instructions to institute private prosecution against the named individuals,” said Mr Mwangi.

He said that their clients’ intention is to have the four charged for crimes committed in Nairobi during the post-poll chaos.

Ms Ongoro and councillor Ochola are named in the KNCHR report as alleged perpetrators while Mr Nyongo and Mr Kajwang were on record as having called for mass action.

In the notice delivered to the AG’s office Tuesday, Mr Mwangi said that his clients, residents of Kibera amd Mathare, were targeted for supporting PNU and due to their ethnicity. He added that his clients were forcibly evicted from their homes and their belongings looted.

“In spite of your (AG) office being seized with this evidence, you have failed and/or neglected to institute prosecutions against the named suspects as a result of which our clients continue to suffer,” said Mr Mwangi.

He added that the AG can use both the Penal Code and the International Crimes Act to open charges against the four individuals.

In the KNCHR report, Ms Ongoro is alleged to have supplied money for petrol used to burn down houses and property in Kijiji cha Chewa in Kasarani. Mr Ochola is alleged to have financed the purchase of petrol to make petrol bombs and paid arsonists Sh400 a day.

The KNCHR list, however, contains more than 200 alleged perpetrators and carries a caution that those are only allegations and more investigations should be conducted.