You slept on your job! Havi, Akombe tell IPOA

"Integrity is doing the right thing all the time. Not only when it is politically expedient."

In Summary

• IPOA released a statement Monday saying it was investigating several cases of enforced disappearances and alleged extrajudicial killings.

• Among them is the disappearance of Indian nationals Zulfiqar Ahmed Khan and Zaid Sami Kidwai and their Kenyan driver Nicodemus Mwania.

Lawyer Nelson Havi
Lawyer Nelson Havi
Image: FILE

The Independent Policing Oversight Authority has come under sharp criticism from a section of lawyers over the execution of its mandate.

In a tweet on Monday, former LSK President Nelson Havi said the authority abdicated its duty in light of enforced disappearances,  abductions and murders it now says it's busy investigating. 

"IPOA slept on the job," Havi said without giving more details.

Former IEBC Commissioner Roselyn Akombe echoed his sentiments in her reply to the tweet saying the authority is only actively investigating alleged police excesses for political correctness.

"For 10 years they did nothing and now that it is expedient to do the right thing because President William Ruto is demanding answers, they come with their self-righteousness," Akombe said.

"Integrity is doing the right thing all the time. Not only when it is politically expedient," she added.

Their statements came hours after IPOA released a statement Monday saying it was investigating several cases of enforced disappearances and alleged extrajudicial killings.

Among them is the disappearance of Indian nationals Zulfiqar Ahmed Khan and Zaid Sami Kidwai and their Kenyan driver, Nicodemus Mwania.

The trio disappeared on July 24 in Nairobi after they were abducted by unknown people on Mombasa road near the Ole Sereni Hotel and driven away in an unmarked car. 

Four Special Service Unit (SSU) officers of the DCI are in custody over the disappearance of the individuals as investigations continue.

The Indian nationals were reportedly in the country as part of President William Ruto’s IT team ahead of the August 9, 2022, general elections.

During his speech on Mashujaa Day on October 20 at Uhuru Gardens, Ruto ordered investigations into incidences where police officers have been accused of extrajudicial executions.

He said police must purpose to keep the country safe without tormenting citizens.

"We can efficiently and effectively suppress crime, monitor, disrupt and apprehend criminals without abducting, torturing, killing or causing citizens to disappear," Ruto said. 

"IPOA will, as a matter of priority, make appropriate recommendations," IPOA chairperson Ann Makori said in relation to the disappearance. 

She further said the authority was investigating the National Police Service following the discovery of 13 bodies in River Tana on diverse dates and the discovery of 25 bodies in River Yala in Siaya county.

The bodies in River Yala were discovered in January 2022 while those in River Tana were discovered in September 2021. 

"All the bodies were in an advanced state of decomposition and had torture wounds. In addition, 11 bodies had stones tied to them," IPOA said.

Makori said autopsy results revealed that the victims died from strangulation, abdominal, chest and head injuries, drowning and peritonitis.

IPOA also revealed that it is investigating 112 cases of alleged enforced disappearances.

"Out of 19 families who reported their loved ones missing, 13 of them stated that their kin went missing between July 2021 to date," IPOA said.

IPOA is mandated by law to oversight and investigate the NPS over its operations, refusal to act and in matters where the police are alleged to have engaged in extrajudicial operations including enforced disappearances and killings.

Makori, however, said the authority continues to face challenges of noncooperation by some members of the NPS.

"In view of this, the Authority wishes to affirm that it will invoke the provisions of section 31 of the IPOA Act. Further, in instances where it is evidenced, the Authority will invoke individual or command responsibility to ensure accountability," Makori said.


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