Muhuri urges families of victims of extra-judicial killings to sue

A lobby group now wants families of victims of extra-judicial killings to file a case in court.

This follows the March 19 High Court ruling that declared unlawful the  murder of a man in Mombasa by police officers in 2012.

Muslims for Human Rights said no one should operate outside the Constitution.

Director Khelef Khalifa praised the ruling by Justice Olga Sewe that for the first time awarded a victim of extra-judicial killing awarded Sh6.5 million compensation.

“This gives us hope that there are still officers in Judiciary who have a conscience and can also serve justice,” he said.

Omar Faraj, a cashier at a butchery in Mwembe Tayari, was on the night of October 28, 2012, shot dead by police officers at his home in Mwembe Tanganyika in Mombasa.

An investigation by British investigative journalist Namir Shabibi revealed that Faraj was killed by a paramilitary commando team 'created, trained, equipped and guided by the CIA on so-called counterterrorism operations'.

Shabibi’s investigative report was published by Declassified UK in 2020.

“It revealed that the Rapid Response Team – which formally belongs to the Recce Company, but effectively run by the CIA – had killed Faraj in a case of mistaken identity,” Khalifa said.

The commandoes had been hunting Fuad Abubakar Manswab, but were mistakenly led to Faraj’s house by their informant Titus Nabiswa.

Nabiswa was later killed and his body dumped in a thicket in a mission to silence him.

Manswab lived in an apartment above Faraj’s, but was somewhat tipped about the raid and escaped.

Faraj’s widow Rahma Ali said the ruling vindicates her husband’s innocence and although the compensation does not bring him back to life, it is the first step towards accountability.

“It is a bitter sweet moment. Bitter because my husband can never return, sweet because the court affirmed his innocence. His killing was unjustified,” she said.

On the fateful day, RRT commadoes opened fire at Faraj as he tried to escape by scaling their garden wall. Faraj fell on top of his wife.

Ali, terrified, and sensing that the commandoes would kill her too, played dead next to her husband, his blood covering her.

“The M4 carbines used by the RRT to murder Faraj had been supplied by the CIA,” Khalifa said.

In the petition, Muhuri said police's failure to ensure justice, was an affront, not only to the rule of law and the fundamental tenets of democracy, but also to the rights of Faraj and his family.

In her judgment, Justice Sewe said police did not contest the facts of the raid as established by Muhuri and Declassified UK’s investigations.

She said the NPS, DPP and AG failed to provide a factual response to the petitioners’ supporting affidavits.

“After Muhuri stated its case, the evidential burden shifted to the police to demonstrate that the shooting was warranted, but not a whiff of explanation was forthcoming,” Justice Sewe said.

Khalifa said the High Court judgment is a milestone in accountability for abuses in Kenya.

“It is the first time a victim’s family has been compensated for killing in counterterrorism, despite 20 years of state murder, enforced disappearances and renditions,” he said.

Khalifa said Justice Sewe’s bravery is the first step towards holding Kenyan police to account.

“Muhuri fully intends to hold the individual officers concerned liable for Faraj’s murder, as we seek to uphold the constitution and rule of law. I trust the Kenyan Judiciary will remain as impartial as Justice Sewe has shown it can,” he said.