GUARD ASKED TO DROP GUN COMPLAINT

THURSDAY, 05 JANUARY 2012 00:08 BY STAR TEAM

PRESSURED: Village Market security guard Kerubo Morara. Photo/Jack Owuor

PRESSURE was yesterday being put on Village Market guard Rebecca Kerubo Morara to withdraw her complaint against Deputy Chief Justice Nancy Baraza. She had complained to the police that she had been threatened with a pistol by Baraza on New Year's Eve.

In a brief statement to media houses yesterday, Baraza described the incident at Village Market as "unfortunate" and said it would be prejudicial to comment further since the police were still investigating. Baraza did not deny that there had been an altercation but said her actions were provoked by "genuine security apprehension." "In the last few months, a number of security incidents have occurred in and outside of my office. As such threats of violence have been directed at me, I have had to request increased security measures for my office as well as my own personal security,” the statement declared. "It is important the police are allowed to finish their investigations without any interference," she said.

Yesterday Morara claimed that she had been summoned by a senior police officer to Gigiri Police station and later visited by the same officer at Village Market to request her to withdraw the complaint. "I have been requested to withdraw the case by a police officer who came to see me. I did not go to Gigiri Police station when they summoned me because I and my witness with whom we were on duty recorded our statements there. However, my employer has told me that only I can make the decision to withdraw the complaint and nobody should compel me to do so," said the mother of two children.

Morara said the police officer called her to his office three times where she met a judicial officer who sought to cut a deal with her. Morara said that in the first meeting the judicial officer apologised on behalf of the judge but the subsequent meeting ended in disarray. The newly posted Officer Commanding Gigiri Police Division Patrick Mwakio was unavailable for comment yesterday. "They are still debating on what to do since they do not want to antagonise the judiciary by recalling her gun and asking her to record a statement," stated a police source.

Yesterday Nairobi police chief Antony Kibuchi said police have no mandate to ask Morara to withdraw her complaint. He added that Nairobi CID boss Peter Muinde has been directed to lead investigations into Morara's claims that Baraza pointed a gun at her and pinched her nose. Muinde has been directed to obtain the CCTV footage from Village Market and to review the witness statements.

Anthony Makhanu, who was on duty with Morara, said they did not recognise the Deputy Chief Justice when she walked past them. "The person involved walked past our desk and Rebecca followed her requesting to search her because she was supposed to frisk female clients while I was checking the men. She claimed that Rebecca had shouted at her yet she was a senior person in government. We only noticed later that she had a bodyguard who informed us that she was the Deputy Chief Justice. It was not malicious at all," Makhanu said.

For the third day in a row, senior police officers visited the Village Market security office to review the CCTV clips. Coincidentally Morara's father Thadeus Bundi was a security guard who was murdered on duty in Karen in June 2000. No-one was ever arrested for his killing. “These stringent security measures apply to all persons visiting the Village Market without exception and they include the use of metal detectors and a search on all motor vehicles and persons entering the premises to ensure their safety. The management appreciates the fact the security measures in place are comfort to visitors who are being subjected to the search as it is for their own protection,” stated Village Market management yesterday.

The Law Society of Kenya chairman Kenneth Akide yesterday defended the character of Baraza but called for thorough police investigations. “It very unlike Nancy Baraza. In fact, I don't believe the story myself. She is a very calm and a very gracious lady,” said Akide in a telephone interview. Civilians who misbehave have had their guns recalled and been taken to court in the past.

Recently PNU political activist Stanley Livondo who brandished a gun at a meeting at Nyayo Stadium in November was charged in a Kibera court and had his gun withdrawn. Prof Arthur Obel, who shot at a matatu driver in a road rage in 2003, and Tom Cholmondley, who shot stonemason Samson Ole Sisina at the Delamere Ranch in Naivasha in 2007, also had their guns withdrawn. Any Kenyan can apply for a firearm at the police station with a copy of your identity card and a certificate of good conduct.

The District Security Committee meeting will then consider the application before forwarding it to the Provincial Security meeting and the Police commissioner for approval after which a firearm is issued. The owner of the firearm is required to carry a firearm certificate. In the event of misuse, the local police chief should demand that the owner surrender the firearm.