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Lawyers want Ichung’wah, Atwoli summoned by court

Lawyers want Ichung’wah, Atwoli summoned by court
Busia Senator Okiya Omtatah with human rights activists during protests in Nairobi on December 30 against abductions. PHOTO/Kenna Claude
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The High Court is expected to give directions today on whether it will summon Cotu Secretary General Francis Atwoli, five MPs, and Senate Speaker Amason Kingi over remarks linking former Deputy President Rigathi Gachagua to the recent wave of abductions.

Justice Bahati Mwamuye is expected to give direction on the petition filed by a coalition of lawyers at the Milimani High Court on behalf of Mt Kenya Jurist Association.

The association is seeking to compel Atwoli, MPs Kimani Ichung’wah, Junet Mohammed, Oscar Sudi, Mwengi Mutuse, Didmus Baraza and Erick Wamumbi, along with Senate Speaker Kingi, to appear in court to shed light on their remarks that Gachagua was behind the abduction of anti-government critics.

The petitioners aim to cross-examine these individuals regarding their statements and the role they have played in public discourse surrounding the abductions.

“Their proximity to the government and the manner in which they have trivialised such a serious matter suggest that they are in possession of critical information that will aid the court in uncovering the identity of the abductors,” the lawyers said

The petitioners argue that these influential politicians have made statements suggesting Gachagua’s involvement in the abductions, which could provide essential information for ongoing investigations.

“The public statements made by these individuals are not only damaging to Gachagua’s reputation but may also hold key information that could shed light on the abductions,” says Lawyer Ndegwa Njiru for the petitioners.

In addition to the summons, the case seeks to join the applicant, Mt. Kenya Jurist Association, as the 10th interested party in the ongoing proceedings lodged by the Law Society of Kenya (LSK) and six others.

Meanwhile, Kenya Human Rights Commission (KHRC) has called for the immediate resignation of President William Ruto’s allies for endorsing abductions and human rights abuse.

In a hard-hitting press release, the organisation accused National Assembly Majority Leader Kimani Ichung’wah, Kingi and Interior Cabinet Secretary Kipchmba Murkomen, among others of justifying the abduction of young Kenyans by State agents.

Others flagged by KHRC are MPS Oscar Sudi (Kapsaret), William Kamket (Tiaty), John Walukhe (Sirisia) and Atwoli.

The commission further demands the resignation of Deputy President Kithure Kindiki for the role he allegedly played during last year’s violent breaking of demonstrations where scores of youth were killed. It also took issue with Inspector General of Police Douglas Kanja, saying the abductions occurred under his watch.

It also wants these leaders investigated over their public statements and potential involvement in abductions and extra-judicial killings of State critics.

Additionally, KHRC warned President Ruto that freedom of opinion and expression, is the cornerstone of every free and democratic society.

The President was quoted in his New Year message saying; “It cannot be denied that there have been instances of excessive and extra-judicial actions by members of the security services.”

In his message, Ruto had said that “every freedom has its limits and that public safety and order must always supercede the desire for unchecked liberty.”

However, KHRC insisted that any limitation on freedom of expression and speech must be done lawfully.

“Article 24 of the constitution states that a right or fundamental freedom in the Bill of Rights shall not be limited except by law and then only to extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom,” the KHRC statement adds.

The human rights organisation referred to public pronouncements by political leaders including Ichung’wah, Kingi, Murkomen and other politicians which it maintained amount to a breach of the rule of law.

“Conflicting and sycophantic comments and statements by State officers, including implicit endorsement of abductions as a legitimate response to alleged violation of the law, point to the reasonable likelihood that the rampant abductions are State sponsored,” it said.

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