(NDIMA/IFEX) – On 19 November 1997, the Kenyan government withdrew charges of unlawful possession of firearms and ammunition, and promoting warlike activities against writer, human rights campaigner and presidential candidate in Kenya’s forthcoming general election, Koigi wa Wamwere. The same charges were also withdrawn against wa Wamwere’s lawyer, Mirugi Kariuki, and Njenga Mungai, the immediate […]
(NDIMA/IFEX) – On 19 November 1997, the Kenyan government
withdrew charges of unlawful possession of firearms and
ammunition, and promoting warlike activities against writer,
human rights campaigner and presidential candidate in Kenya’s
forthcoming general election, Koigi wa Wamwere. The same charges
were also withdrawn against wa Wamwere’s lawyer, Mirugi Kariuki,
and Njenga Mungai, the immediate former member of Parliament for
Molo constituency where politically-instigated clashes flared up
in 1991. Wa Wamwere and Kariuki had also been charged with
entering a security area and being in possession of seditious
publications.
**Updates IFEX alerts dated 25 March 1997, 23 December, 26 July,
14 February 1996, and others**
The charges against Wamwere and Kariuki have been pending before
Nakuru Chief Magistrate William Tuiyot since 1993 while those
against Njenga date back to 1992.
The Rift Valley Provincial Principal State Counsel Oriri Onyango
told Tuiyot he had been instructed to enter nolle prosequi in the
charges.
Wa Wamwere and Kariuki had been jointly charged with Susan
Wangui, Joseph Thiga and Francis Mureithi Kanote (Mirugi’s wife,
brother and cousin, respectively); and Geoffrey Kuria and John
Njoroge Wamwere (Koigi’s cousin and brother, respectively).
One count stated that, on 18 September 1993, Wa Wamwere, Kariuki,
Wangui, Thiga and Kanote entered the Burnt Forest area, which had
been designated a security operational zone. Wa Wamwere was also
separately charged with being in possession of allegedly
seditious documents, including material from the National
Democratic Human Rights Organisation and the pamphlet “The
Wailing Molo”. The Organisation had been trying to investigate
allegations that the government had fomented ethnic tensions in
the Rift Valley area in the lead-up to the country’s multi-party
elections in 1992.
Another charge said that between 3 September and 17 October 1993,
at Engashura village in Nakuru District, they administered oath
to members of the Kikuyu community to wage war against other
tribes. This charge was withdrawn by the prosecutor, Supt. John
Benson Momanyi, under section 87(a) of the Criminal Procedure
Code. He also withdrew charges against Njenga of publishing a
false statement and promoting war-like activities. The state also
withdrew a charge of attempting to escape from lawful custody
against wa Wamwere and a former Captain, G.G. Njuguna Ngengi. The
two had also been jointly charged with Mercy Wamuyu (wa Wamwere’s
cousin) and Jackline Wangui (Ngengi’s wife) with creating
disturbances.
During the hearing of the case, the accused had argued that
President Daniel arap Moi had no mandate to declare an area a
security operational zone without the authority of Parliament. A
date had not been set to their the constitutional reference case.
Wa Wamwere now has to contend only with an appeal against the
four-year jail term handed down against him in a robbery with
violence case (see Background, below). He is currently out on
bail.
Background Information
Wa Wamwere was jailed for four years by Judge Tuiyot in October
1995. He had initially been charged with raiding the Bahati
Police Station and attempting to rob policemen of guns. Wa
Wamwere was released on bond on 13 December 1996 by Chief Justice
A.M. Cockar to enable him to obtain specialised medical treatment
in the United Kingdom pending appeal (see IFEX alerts).
