By Standard Team

Government promised to deport Sheikh Abdullah al-Faisal before the end of tomorrow as it swung into a crackdown over Friday’s protests.

The controversy revolving around the Jamaican cleric continued to cause ripples in the country.

Mr Al Amin Kimathi, a leading Muslim human rights activist, was arrested Monday as he left a courtroom where several men were charged in connection with riots in Nairobi at a demonstration called to protest al Faisal’s detention.

The previous night, police raided the city’s Eastleigh estate and arrested 400 Somalis, including 11 members of the Somalia Parliament. There were also reports that a former army general was among those arrested.

Kimathi, who heads the Muslim Human Rights Forum (Muhuri), was arrested shortly after seven suspects were charged with looting and damaging property worth Sh22 million and assaulting police officers during the chaos. The activist, who was at the head of the protests over the detention of the Jamaican, was whisked away in a surprise move by a dozen police officers led by Central CID boss Festus Malinge.

Police lead Muslim Human Rights Forum Executive Co-ordinator Al-Amin Kimathi from the Nairobi High Court Monday, where he was arrested. [PHOTO: EVANS HABIL/STANDARD]

The activist had unsuspectingly been sitting among the officers in the court’s public gallery as the suspects were being charged before Nairobi Chief Magistrate Gilbert Mutembei. They intercepted him in the corridors as he walked out of the premises with a group of youths.

Youths fight back

There was commotion as the youths tried to prevent the officers from taking Kimathi out of the court premises. He was, however, bundled into a police car and driven away.

Speaking on al-Faisal’s imminent deportation, Foreign Affairs Minister Moses Wetang’ula announced yesterday the Government had managed to secure flight arrangements for him back to his native Jamaica. Wetang’ula said: “We have managed to get a flight for Faisal back to Jamaica and he should be out of Kenya in 48 hours.”

Wetang’ula said two countries which he did not name had moved in to assist deport the preacher who has caused anxiety in the country.

Name countries

“I don’t want to name the countries as of now as plans and talks are still ongoing on how the preacher will leave,” he said, adding it was too early to give the finer details. The minister was speaking at the Great Rift Valley Lodge after the opening of the retreat for the Parliamentary Select Committee on Constitutional Review.

And yesterday, Wetang’ula denied ever talking to our writer over the deportation of Al-Faisal.

“I did not speak to your reporter. …I have not heard any media briefing at all today,” he said on phone.

He added: “I don’t know when Al-Faisal will be leaving. This issue is not a matter we should blow out in the media.”

However, media outlets had already picked up the deportation comments.

Attempts by Kenya to deport al Faisal failed last week because Nigeria refused to give him a transit visa to Gambia. Matters got even more complicated when Gambia said it had not been consulted on the cleric’s transit. Al Faisal is being held at Nairobi’s JKIA until the authorities can send him back to Jamaica.

At least two people were killed and scores injured during the clashes between police and Muslim youth who were protesting against the arrest of the controversial cleric.

In court, the seven suspects faced eight counts of taking part in an unlawful assembly on Banda Street and assaulting five officers. The suspects faced another charge of stealing computers, scanners, cash counting machines, chairs, an ATM, flower stands, glasses and phones, all worth Sh10 million from the First Community Bank located in Jamia Shopping Mall.

They were also accused of maliciously damaging windowpanes worth Sh12 million belonging to businessman Mohammed Adan Osman, in the same building.

The seven are Mohamed Dagane Ali, Hussein Lokadeli Mohammed, Mohammed Abdi Mohammed, Bernard Wanjala Ogwala, Hassan Hussein Abukar, Simon Gatonye Gakuya and Mohammed Maloba Yusuf.

Defence lawyers claimed their mobile phones and other personal effects had been “stolen” from the suspects by the police while in custody.

The court ordered that a formal complaint be filed with the Central OCS and the case be mentioned before him tomorrow. The accused were released on Sh10,000 cash bail. The case will be heard on March 17.

Separately, Internal Security Minister George Saitoti has come under heavy criticism for mishandling security issues. Former Justice Minister Martha Karua criticised Saitoti for admitting a security lapse when he announced that a foreign militia group had infiltrated the country. She said Saitoti should own up to being unable to handle the sensitive docket “instead of blaming foreign militia”.

She said Saitoti was trying to use Al-Shabaab as a scapegoat when in reality he had failed in his duties.

Karua questioned where the State intelligence was when the Al-Shabaab militia allegedly entered the country undetected and take part in the bloody riots in the country’s capital city.

Excessive force

Karua also accused the police of using excessive force in the protests that left two men dead and scores of others injured. Karua said whether the protestors were justified to take to the streets or not, the Government should have devised humane ways of dealing with the situation.

Speaking to journalists after the opening of Kaimwea Catholic Church in her Gichugu constituency, Karua advised Saitoti to own up the security lapse instead of blaming the militia for the skirmishes.

Meanwhile, the police officer reported to have died following bullet injuries during the riots has spoken out. “I actually do not know how the story came up. I am okay as you can see and the doctor has advised that I be discharged,” he said.

Constable Ndwiga Nguli was among six police officers rushed to KNH for treatment after being injured. The others, who were hit by stones and other objects, have since been discharged from hospital.

Nairobi PPO Anthony Kibuchi visited Nguli in hospital to disprove claims that the officer had died.

source.standard.ke

By Cyrus Ombati

Eleven Somali MPs are among 400 illegal immigrants arrested in Nairobi, police say.

However, the British Broadcasting Corporation (BBC) reported 16 legislators were arrested.

According to BBC, the Somalia embassy in Nairobi confirmed government officials, including former Army General Yusuf “Dumal” Hussein, had been arrested.

The suspects were netted on Sunday night in a crackdown on illegal immigrants.

Detectives said they suspect some of those arrested are members of Al-Shabaab or their sympathisers.

“We are holding some suspects because we believe they have serious information to tell us on Al-Shabaab. So far about 160 have been taken to court this morning,” said Nairobi Area PPO Antony Kibuchi.

Kibuchi’s remarks came two days after Internal Security Minister George Saitoti claimed some youths who participated in Friday’s violence in Nairobi were members of Al-Shabaab.

The city riots were reportedly called to protest the detention of Jamaican cleric Abdullah al-Faisal.

Prof Saitoti said Kenya would not be a playing ground for militants who want to advance reckless agenda.

The suspects were arrested in Eastleigh and other estates by contingents of police mobilised to execute the exercise. Kibuchi said they took action following intelligence reports.

Criminal acts

He said they would continue to stage such operations to rid the country of illegal immigrants, whom he claimed, were behind criminal activities. Kibuchi said the MPs lacked papers allowing their presence in Kenya. They were being questioned by the police yesterday.

Officials from Anti-Terror Police visited police stations where the suspects were being held and picked up some for questioning.

“As the minister said, we believe some of these people are members of Al-Shabaab. We are trying to sort them out through interrogations,” said an officer who did not wish to be named.

Some of the MPs were arrested from hotels they have been occupying since December. They did not explain their mission.

Kibuchi said police would henceforth be thorough on illegal immigrants, adding the operations would not target suspects from one community or country.

During the operation, witnesses said, teams of GSU, regular and AP officers arrived in lorries and barricaded entrances before ordering residents to show their identification.

“Those who did not have documents were taken away. They seemed to know where to target because most of those carried from here did not have documents,” said an Eastleigh resident.

Most Somali immigrants prefer living in Eastleigh. The crackdown extended to South C, South B and Pipeline estates.

Sources within Government said more police operations would follow in the coming days in an attempt to get rid of illegal immigrants.

At Friday’s protest, some demonstrators carried flags identifying with Al Shabaab while others wore military jungle uniforms.

On Sunday, Al Shabaab said it was not behind the protest, but praised the marchers for taking up Sheikh al-Faisal’s case. The cleric was deported from Britain in 2007 after a jail term for stirring up racial hatred.

City demons

“That demonstration is the obligation of all Muslims wherever they are and we praise it,” al Shabaab spokesman Sheikh Ali Mohamud Rage told reporters in Somalia. “That is the action of pure Muslims.”

Two people were killed and 23 others injured and close to 50 arrested in the protests, which saw property of unknown value destroyed. Police have denied claims that an officer died in the riots.

At the weekend, Muslim leaders demanded al-Faisal’s deportation, saying they do not support his presence in Kenya. They also asked the Government to arrest and charge suspected militants who took part in Friday’s demonstrations in Nairobi.

source.standard.ke

By Anne Kanina

African authors have a golden opportunity to showcase their books in the newly opened Africana Section at the United States International University (Usiu) Library.

To enrich the quality of education offered by the university, the section will house books authored by African scholars.

“We already have special collections American Studies and UN publications. With the African collection, the library will be give better service to diverse calibre of students,” says the Vice-Chancellor Freida Brown. She urges cooperates and individuals to donate towards the book fund for the African titles.

The alumni association has started a book fund drive targeting former students, cooperate organisations and individuals to raise 20 million to boost the collection. The Director of Planning and Development says alumni are ambassadors of their former institution. Standard Group Managing Director Paul Wanyagah commended the institution for the giant steps it had taken towards becoming a world-class university.

Human Settlements Officer in the UN policy analysis unit Dr Ben Arimah donated copies of the 2009 Global Report on Human Settlement to the library.

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By Peter Opiyo

International Criminal Court prosecutor Luis Moreno-Ocampo has dismissed a bid to block the court from handling Kenya’s case as “unfounded”.

Speaking to The Standard on telephone from The Hague, Netherlands, Mr Moreno-Ocampo said attempts to block the pre-trial chamber from giving a go-ahead for commencement of investigations do not hold water.

Last week two American professors filed a suit at The Hague arguing Kenya’s case does not meet the Court’s threshold of crimes against humanity, and that it is ‘overstretched’ and ‘exaggerated’.

But yesterday, Moreno-Ocampo said: “We believed it is unfounded, this will have no relevance… No one can stop us because no investigations have started.”

In their suit Prof Max Hilaire and Prof William Cohn said: “We want to know why the case should go to The Hague since Kenya is not a failed State and efforts have already been made by the President and the Prime Minister to set up a local tribunal.”

Prof Hilaire chairs the Department of Political Sciences at Morgan State University while Prof Cohn is a San Francisco lawyer.

Moreno-Ocampo took up the Kenyan case following failure by Kenya to prosecute the organisers of the election violence that left 1,133 people dead and close to 500,000 displaced.

The Americans want ICC pre-trial judges to determine if Kenyan situation qualifies as a “crime against humanity” or a “matter of civil unrest”.

America is not a signatory to the Rome Statute that created ICC.

Moreno-Ocampo also disclosed that he is writing a letter to Justice Minister Mutula Kilonzo asking what steps the Government has taken to protect witnesses of the post-poll violence. He said he has been reading reports in the Kenyan media that suspects are being intimidated.

“I am preparing a letter to Justice minister to request details and measures Government is taking to protect citizens… they are not our witnesses but Kenyan people and the Government must protect them,” he said.

Pre-trial chamber

Human rights groups have claimed about 22 witnesses have confided to them they are being intimidated by influential people in the Government.

And just last week visiting UK Minister for African Affairs Baroness Glenys Kinnock expressed concerns at reports of threats on the witnesses.

Though the pre-trial chamber is yet to give a verdict on Moreno-Ocampo’s submission, the prosecutor said he is collecting information from The Hague. He submitted Kenya’s case to the chamber in November seeking permission to launch investigations.

“I can take statements here in the seat of the court. I am inviting witnesses to take testimony here. We are continuing the collection of evidence here in The Hague,” said Ocampo. “You don’t see us there (in Kenya) but we are working here.”

It was earlier expected that the pre-trial judges would give Ocampo the go ahead in mid-December and commence investigations in Kenya this month. But yesterday, he said timelines don’t really matter and he has given the judges time to decide to open mitigation or not.

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By John Oywa

A Kenyan father has been handed life imprisonment in the United States for killing his son.

Mr Gideon Omondi was found guilty of killing Ritchie, 4, by holding him under water for five minutes following differences with his wife Hellen Omondi in 2006.

Omondi, 36, who was studying engineering in Santa Ana, was convicted of first-degree murder by Superior Court Judge William R Froeberg, according to Orange County Register website.

In what the judge described as the maximum allowable term, the judge also handed Omondi a further 25 years for attempting to kill himself alongside his son in January 2006. He had doused himself in gasoline.

Gideon Omondi: Jailed in US for killing son

According to the court, Omondi, who lived at Manyatta estate in Kisumu before going to the US ten years ago, had a row with his estranged wife over the son’s custody.

“In a tearful victim-impact statement prior to sentencing, Hellen said she was heart-broken over the loss of her son,” the website said. “The pain I will take to my grave. I will never forgive him,” the website quoted her.

Made confession

Deputy District Attorney Steve McGreevy argued Omondi planned the killing because he felt he would lose custody of Ritchie. He said Omondi demonstrated he knew what he was doing was wrong because he immediately drove to the Fullerton Police Station and confessed.

Fullerton officers visited an apartment Omondi shared with his brother and found the boy’s body tucked in his father’s bed.

Deputy Public Defender Mark Brown argued Omondi, a graduate student in engineering at Cal State Fullerton, was legally insane with a major depressive mental disorder and did not understand the act was morally wrong.

A psychiatrist hired by the defence testified that Omondi was suicidal and angry and paranoid about the family law system.

But court-appointed psychologist testified Omondi knew what he was doing and that he understood it was legally and morally wrong. The jury deliberated for three hours before finding Omondi legally sane at the time. Yesterday, the news of Omondi’s imprisonment shocked relatives and friends in Kisumu.

“It is shocking. I can’t imagine our friend spending all his life in a foreign prison,” said Martin Oloo, a former schoolmates who read the news in the Internet. Omondi’s father could not be reached for comment.

Separately, a Kenyan was found dead in his apartment in Finlay, Ohio last Friday.

Mr Francis Peter Mungao, 37, was living alone in Finlay, according to mwakilishi.com, a website run by Kenyans in the US.

source.standard.ke