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DPP ASKS KIMAIYO TO PROBE RAILA
RIGGING ALLEGATIONS: Raila Odinga
Friday, March 7, 2014 - 00:00 -- BY FRANCIS MUREITHI
Director of Public Prosecutions Keriako Tobiko has instructed Inspector General of Police David Kimaiyo to investigate allegations that Cord leader Raila Odinga incited the public by claiming that the military rigged the last general election in favour of Jubilee leaders.
In his letter to the IG, Tobiko says he received a written complaint from Kiharu MP Irungu Kang'ata dated January 28, concerning remarks allegedly made by Raila during a Cord rally in Kisumu earlier that month.
"Do cause investigations to be conducted into the allegations contained in the aforesaid letter and submit your report and findings thereon to this office for perusal and appropriate directions," Tobiko instructs Kimaiyo in a letter dated February 24.
The DPP has also instructed Kang'ata to present his "informant" to the Director of Criminal Investigations "to make a formal complaint and record a statement so that full investigations may be commenced."
In his letter, Kang'ata, a lawyer, says he received representation from A Pesa Shayo, the informant. Kang'ata says the informant attended a public rally at Jomo Kenyatta Grounds on or about January 17, where Raila uttered words to the effect that the military personnel were used to eject Cord supporters from the Bomas of Kenya, to enable Jubilee clinch victory. Bomas was the national tallying centre for the March 4 2013 presidential election.
In the letter, the MP says the informant heard Raila saying what happened at Bomas amounted to a military coup. Kang'ata says the informant heard Raila claim that Cord leaders then serving as Cabinet ministers including James Orengo, Paul Otuoma, Anyang' Nyong'o, Franklin Bett and Henry Kosgey were "being pushed like dogs to go away".
Kang'ata says his informant heard Raila tell the crowd that former President Kibaki was aware of the rigging plans. "This thing was planned and Kibaki was aware. They had to take it by force and use it as a shield to protect themselves in the case they have over there. That is why even when we went to Supreme Court, judges were threatened," Kang'ata quotes Raila.
The MP says Raila uttered "alarming and false statements and rumours", which are likely to cause fear and alarm among the public hence the need to have the matter investigated. Kang'ata tells Tobiko that at no time have the military chiefs coordinated the use of force illegally, nor have Supreme Court judges ever been threatened.
"My informant avers that the statement discloses offences under Section 66, 77 and 132 of the Penal Code, cap 63 of the Laws of Kenya," the MP writes. He says the informant is ready to record a statement with the police while he (Kang'ata) will act as his lawyer.
The letter has now been forward to Kimaiyo. A few days after the Kisumu rally, the Independent Electoral and Boundaries Commission demanded an apology from Raila over the remarks that the military was used to rig the general election.
The IEBC asked Raila to take full responsibility for the sensational remarks he made or provide evidence to support his claims."These allegations of military involvement are false and untimely. They should have been raised during the court petition, if at all they had any basis," said a statement from the commission.
The chairman of the National Security Advisory Committee and the Assumption to Office Of the President Committee, Francis Kimemia, also protested. He termed Raila's statement derogatory."As the chair of the Assumption to the office of the President, which also oversaw the transition process, we would like to ask the former Prime Minister to desist from inciting Kenyans through his creative and inflammatory and false allegations," Kimemia's statement read. -
See more at: DPP ASKS KIMAIYO TO PROBE RAILA | The Star
RIGGING ALLEGATIONS: Raila Odinga
Friday, March 7, 2014 - 00:00 -- BY FRANCIS MUREITHI
Director of Public Prosecutions Keriako Tobiko has instructed Inspector General of Police David Kimaiyo to investigate allegations that Cord leader Raila Odinga incited the public by claiming that the military rigged the last general election in favour of Jubilee leaders.
In his letter to the IG, Tobiko says he received a written complaint from Kiharu MP Irungu Kang'ata dated January 28, concerning remarks allegedly made by Raila during a Cord rally in Kisumu earlier that month.
"Do cause investigations to be conducted into the allegations contained in the aforesaid letter and submit your report and findings thereon to this office for perusal and appropriate directions," Tobiko instructs Kimaiyo in a letter dated February 24.
The DPP has also instructed Kang'ata to present his "informant" to the Director of Criminal Investigations "to make a formal complaint and record a statement so that full investigations may be commenced."
In his letter, Kang'ata, a lawyer, says he received representation from A Pesa Shayo, the informant. Kang'ata says the informant attended a public rally at Jomo Kenyatta Grounds on or about January 17, where Raila uttered words to the effect that the military personnel were used to eject Cord supporters from the Bomas of Kenya, to enable Jubilee clinch victory. Bomas was the national tallying centre for the March 4 2013 presidential election.
In the letter, the MP says the informant heard Raila saying what happened at Bomas amounted to a military coup. Kang'ata says the informant heard Raila claim that Cord leaders then serving as Cabinet ministers including James Orengo, Paul Otuoma, Anyang' Nyong'o, Franklin Bett and Henry Kosgey were "being pushed like dogs to go away".
Kang'ata says his informant heard Raila tell the crowd that former President Kibaki was aware of the rigging plans. "This thing was planned and Kibaki was aware. They had to take it by force and use it as a shield to protect themselves in the case they have over there. That is why even when we went to Supreme Court, judges were threatened," Kang'ata quotes Raila.
The MP says Raila uttered "alarming and false statements and rumours", which are likely to cause fear and alarm among the public hence the need to have the matter investigated. Kang'ata tells Tobiko that at no time have the military chiefs coordinated the use of force illegally, nor have Supreme Court judges ever been threatened.
"My informant avers that the statement discloses offences under Section 66, 77 and 132 of the Penal Code, cap 63 of the Laws of Kenya," the MP writes. He says the informant is ready to record a statement with the police while he (Kang'ata) will act as his lawyer.
The letter has now been forward to Kimaiyo. A few days after the Kisumu rally, the Independent Electoral and Boundaries Commission demanded an apology from Raila over the remarks that the military was used to rig the general election.
The IEBC asked Raila to take full responsibility for the sensational remarks he made or provide evidence to support his claims."These allegations of military involvement are false and untimely. They should have been raised during the court petition, if at all they had any basis," said a statement from the commission.
The chairman of the National Security Advisory Committee and the Assumption to Office Of the President Committee, Francis Kimemia, also protested. He termed Raila's statement derogatory."As the chair of the Assumption to the office of the President, which also oversaw the transition process, we would like to ask the former Prime Minister to desist from inciting Kenyans through his creative and inflammatory and false allegations," Kimemia's statement read. -
See more at: DPP ASKS KIMAIYO TO PROBE RAILA | The Star
