By Martin Mutua And Cyrus Ombati
A section of parliamentary staff, MPs, and police are being accused of helping Embakasi MP Ferdinand Waititu to escape arrest.
The MP, who allegedly incited a crowd to violence against the Maasai community in Nairobi’s Kayole Estate, slipped out of Parliament grounds on Tuesday night, and out of a police cordon as it emerged he could face murder charges.
The assistant minister had been holed up in Parliament the whole day, as the law protects MPs against being arrested within the precincts of the National Assembly.
It remains a mystery how the entire police force and the National Security Intelligence
Service (NSIS) could not track down the MP and execute a warrant of arrest against him.
By the time of going to press last evening, Waititu was still at large, more than 48 hours after Internal Security Minister Katoo ole Metito, and Director of Public Prosecutions Keriako Tobiko ordered his arrest.
Besides a fully-fledged police station led by an OCPD, Parliament has its internal security detail responsible for MPs and headed by the Chief Sergeant-at-Arms.
The House is also frequented by a host of intelligence officers round the clock and it was not possible for Waititu to have left the precincts of Parliament without their knowledge.
Other sources that asked not to be named claimed Waititu left in the company of some MPs on Tuesday evening, even as police pretended to be lying in wait for him.
Officials in Parliament and police said Waititu must have escaped due to collusion between the MP and some officers sent to arrest him.
This is because there is only one gate used at night and police and Parliament security officials inspect all cars getting in and out of the compound. Another set of security officials were in the lobby, where Waititu was seated making phone calls that could be tracked by NSIS.
He was talking to his colleagues for the better part of the evening as he plotted his escape.
Before he was sneaked out of Parliament, the assistant minister talked to at least five other colleagues and some of his aides.
Witnesses said he slipped out between 8.30pm and 9pm with ease, even as Acting Nairobi Provincial Police Officer Moses Ombati feigned ignorance when contacted.
“We do not know how he got out, but we are still looking for him,” added the PPO.
He said Waititu must have hidden in a boot of a car because the officers who were stationed at the gate were inspecting all passengers and drivers of outgoing vehicles. It is not clear why they did not check the boots.
Waititu yesterday morning moved to court to stop his arrest and detention for incitement after filing an anticipatory bail in court, but the High Court declined his request.
condemned unheard
The Embakasi MP’s lawyer, Evans Ondieki, had filed the application saying his client did not expect to get justice. He said the Director of Public Prosecutions (DPP) Keriako Tobiko, Assistant Defence minister Joseph Nkaissery, and Heritage Minister, William ole Ntimama, had condemned the MP unheard.
And it has now emerged that Waititu could be charged with murder if the Director of Public Prosecutions concurs with Attorney General, Githu Muigai.
Kisumu Town West MP Olago- Aluoch, rising on a Point of Order in Parliament yesterday, brought to the attention of the AG that in the event one incites people to violence and death occurs, then they are supposed to be charged with murder and not incitement.
“I totally agree with Olago over the matter and if the DPP, who is in charge of prosecutions, asks for my advice, I would give the same to him,” added Muigai. Questions were raised as to why Parliament, which has an elaborate security detail led by the Chief Sergeant-at-Arms, could not hand over Waititu to the police for questioning over his inciting statement.
“Mr Speaker, there was aiding and abetting by parliamentary staff and the police to prevent the DPP from carrying out the orders he had issued,” said Imenti Central MP, Gitobu Imanyara, rising on a Point of Order when the AG was issuing a Ministerial Statement on the matter.
But Muigai said Imanyara’s concerns could only be handled by the administration of Parliament, which falls under Speaker, Kenneth Marende, who was on the Chair.
But Marende chose to ignore the matter and only allowed other members to contribute on the issue.
It also emerged that while MPs are assumed to enjoy immunity from arrest, the House had in the past waived this privilege in cases where an MP is accused of a criminal offence.
An official communication issued by former House Speaker Francis ole Kaparo in April 2005 warned members that they cannot use Parliament to hide from criminal prosecution.
Kaparo told MPs they were only immune from prosecution and arrest in the precincts of Parliament when it came to civil matters.
reference
“Your immunity from arrest relates to the execution of civil debts and not criminal cases,” he said, and explained: “Suppose an MP were to slash off the head of a colleague within Parliament: Will police officers watch helplessly until he steps out of Parliament Buildings? No!” added Kaparo in the communication.
According to Commonwealth parliamentary practice and tradition, rulings made by the House Speaker are as good as law and can be quoted and used as authority for reference.
Kenya National Commission on Human Rights demanded that Waititu be relieved of his duties as assistant minister over the accusations.
Before a warrant to arrest him was issued, Ombati had appealed to the Embakasi MP to go and report before the CID offices in Nairobi Area for questioning.
“He knows what he did is not right and that is why we are asking him to surrender. Let him come over for clarification of some issues,” said Ombati, who added they did not want to embarrass the legislator.
On Tuesday, Mr Tobiko and Internal Security minister Katoo ole Metito ordered Waititu’s arrest, claiming he incited his constituents to violence and expressed “feelings of hatred and hostility against the Maasai community”.
“This is therefore to advise that you cause prompt action to be taken to ensure that all those found to have been involved, including Hon Waititu are immediately apprehended and brought to justice,” said the DPP in a letter to Commissioner of Police Mathew Iteere.
On Monday, two people were killed in a violent confrontation between street boys and Maasai watchmen in Kayole, Nairobi.
Trouble started when watchmen attacked and killed a street boy accused of stealing chicken in the estate.
Waititu later visited the area as the confrontation brewed and urged the street gangs to chase away the Maasai watchmen.
Mr Tobiko said the Maasai guards and the street boys who took the law into their hands to commit criminal acts “must be punished”.
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