Tag Archives: Kenya

Kenya: DPP opposes bid to drop confession in Willie Kimani murder case

August 28, 2019

Director Public Prosecutions Noordin Haji.

The Director of Public Prosecutions has opposed an application by one of the accused persons in the Willie Kimani murder for review of the order allowing his confession to be used as evidence.

Peter Ngugi had urged judge Jessie Lessit to review her earlier ruling allowing his confession.

The court had called for a trial within a trial to determine whether his confession would be allowed as evidence. The judge ruled that the confession was admissible and would be used.

Ngugi who got a new lawyer after firing the previous one now wants the court to review its own ruling on the confession and not admit it as evidence.

He argues that the confession was taken in Swahili and translated into English which he does not understand.

However, the DPP has asked the court to dismiss Ngugi’s application arguing that they followed all the necessary procedures in writing the confession.

The prosecution says the LSK and Kenya National Commission of Human Rights were involved in the process as required under confession guidelines.

Deputy DPP Nicholas Mutuku said there is no law that allows Lessit to review her own ruling.

Lawyer Ben Sihanya also opposed the application by Ngugi, saying no authority had been cited to justify a request for review.

The confession statement in question details how all the accused persons conspired to kill lawyer Kimani, his client and a taxi driver in 2016.

Four police officers Fredrick Leliman, Leonard Maina, Stephen Chebulet and Silvia Wanjiku are accused of killing the three in cold blood.

The bodies were found stashed in gunny bags in a river in Ol-Donyo Sabuk, Machakos county.

A diver who found the bodies told the court of his two-day horrific experience.

John Mwaniki said the bodies were tied at their waists, while their heads had been tied with plastic bags.

https://www.the-star.co.ke/news/2019-08-28-dpp-opposes-bid-to-drop-confession-in-willie-kimani-murder-case/

https://hivisasa.com/posts/99807813-willy-kimanis-murder-witness-asks-court-to-review-his-confession

https://www.nation.co.ke/news/Willy-Kimani-murder-informer-recants-his-confession/1056-5251194-od55laz/index.html

For each disappeared, more activists stand up! Stop enforced disappearances against human rights defenders

Image may contain: 1 person, text

Willie Kimani was a prominent Kenyan human rights #lawyer.

He went missing on 23 June 2016, and was found dead on 1 July 2016.

We demand that the government of #Kenya ensure #JusticeForWillieKimani. We demand #JusticeForActivists.

#InternationalDayoftheDisappeared

Read more: https://bit.ly/2ZlsD20

(Pan-African Human Rights Defenders Network Facebook, 29/08/19)

South Sudan/Kenya: COMMENT: Disappearance and extrajudicial killing

May 30, 2019

It’s time for Kenya, South Sudan to account for the enforced disappearance of Samuel Dong and Aggrey Idri

 As news of the death of Samuel Dong Luak and Aggrey Ezboni Idri circulated recently, I felt extremely saddened and concerned about the region we live in. The enforced disappearance and extrajudicial killing of two outspoken critics of the South Sudanese government, by South Sudanese security services allegedly with the acquiescence of Kenyan authorities, and both states’ continuous denial of responsibilities, signals a worrying trend of disrespect for human life and insecurity for those who dare to speak up and challenge power.

Samuel Dong Luak was a prominent human rights lawyer, Secretary General of the South Sudan Law Society for over ten years, as well as a member of the South Sudan Constitutional Review Commission. Aggrey Ezboni Idri was an opposition leader, and member of the Sudan People’s Liberation Movement in Opposition (SPLM-IO). In 2013, after receiving death threats for providing legal assistance to the former Secretary General of South Sudan’s governing party, Pagan Amum, who had been accused of “treason” by President Salva Kiir, Dong fled South Sudan and sought refuge in Kenya, where he was granted refugee status. The same year, Aggrey also relocated to Kenya after South Sudan descended into conflict.

The deceased lived with their families in the capital, Nairobi, until they were disappeared on 23 and 24 January 2017, respectively. Amnesty International, the UN Working Group on Enforced or Involuntary Disappearances, and other human rights groups called on the governments of Kenya and South Sudan to reveal the fate or whereabouts of the two men, suspected to be held by Kenyan authorities before deportation. The families of the disappeared also mobilised; petitioning Kenya’s High Court to produce the two men in court, but the petition was dismissed as Kenya denied having them in its custody. The family later asked the police to conduct a thorough investigation, but a final judgment in January 2019 confirmed the dismissal of their petition and ended judicial oversight into police action with regard to the case. Yet, the Court had noted that the police investigation fell short of seeking information from South Sudanese authorities and potential key witnesses.

COMMENT: Disappearance and extrajudicial killing

The Death Squads in South Sudan

https://www.voanews.com/africa/un-renews-south-sudan-arms-embargo

https://www.gov.uk/government/speeches/we-must-not-let-down-the-people-of-south-sudan

https://www.miragenews.com/human-rights-council-42-interactive-dialogue-on-south-sudan/

Kenya: ‘Those who killed Willie Kimani…’ widow sends message to killers

June 24, 2019

Murdered lawyer Willie Kimani’s wife has had to explain to her two sons where their father is and what happened to him, keeping the wounds of his death fresh.

Speaking on Saturday during the third memorial service at Kimani’s home in Kikuyu, Kiambu, Hannah said when her husband died in 2016 her two sons were too small to understand what happened but as they grow up they are asking unending questions.

Kimani, aged 32 at the time of his murder, worked with the International Justice Mission, a global rights lobby. He documented police brutality, including extrajudicial killings. He was killed alongside his client Josphat Mwenda and taxi driver Joseph Muiruri in June 2016.

‘I was going to end my life in Mombasa!’ Janet Mbugua’s brother reveals

They went missing for about a week before their bodies wrapped in a sack were found in Ol Donyo Sabuk river on July 1.

The widow said life has never been the same again since then and they live a day at a time.

‘Those who killed Willie Kimani…’ widow sends message to killers

https://vidokezo.com/v/beb31ff8c56333e5091c03e6df428ea0

COMMENT: Disappearance and extrajudicial killing

Willy Kimani murder case postponed again after lawyer Ombeta fails to show up

https://hivisasa.com/posts/57335428-i-dont-want-a-female-lawyer-murder-suspect

Kenya: Police officers, informant in lawyer Willy Kimani murder case denied bail

May 16, 2019

Senior Sergeant Fredrick Leliman, Sergeant Leonard Maina Mwangi, Corporal Stephen Chebulet and Constable Silvia Wanjiku ...

Four police officers and an informant accused of killing human rights lawyer Willie Kimani will remain in police custody.

On Thursday morning, Fredrick Leliman, Stephen Cheburet Morogeo, Sylvia Wanjiku Wanjohi and Leonard Maina Mwangi were denied bail/bond terms.

Justice Jessy Lessit said nothing has changed since the first time they applied to be released.

This was their second bid for bail/bond at the Milimani Law Courts.

The court previously ruled that confession and evidence presented to investigators from the police informant, who is also the 5th accused, will be used against them in the case.

Peter Ngugi Kamau, the fifth accused person, is reported to have confessed to investigators how the deceased advocate and two others were kidnapped, brutally murdered and their bodies dumped into a river.

Police officers, informant in lawyer Willy Kimani murder case denied bail

https://www.standardmedia.co.ke/article/2001325834/police-informer-loses-bid-to-stop-evidence-in-lawyer-s-killing

https://www.standardmedia.co.ke/article/2001325834/police-informer-loses-bid-to-stop-evidence-in-lawyer-s-killing

https://www.the-star.co.ke/news/2019-05-17-court-to-hear-chilling-confession-of-lawyers-murder/

South Sudan/Kenya: South Sudan activists’ bodies dumped in river: state agents

May 6, 2019

Image result for dong samuel luak

The bodies of two prominent South Sudan activists were dumped in Achwa River in Nimule after being killed, intelligence sources said.

The sources said the two critics of President Salva Kiir’s government Mr. Dong Samuel, a lawyer and human rights defender and opposition politician Izbon Agrey Idri corpses were transported from Juba to Nimule where they were dumped in the river.

“They were taken the same day they got killed in Juba,” one intelligence source told Africa Review.

He added that the river was a notorious dumping site of people executed by the state agents.

“When they dump these dead bodies there, they tie them with stones so that the corpses will not float in the water,” he said.

https://www.theeastafrican.co.ke/news/ea/South-Sudan-activists–bodies-dumped-in-river–state-agents-/4552908-5102816-ighdbhz/index.html

Former SA soldier Will Endley helps UN finger South Sudan government for alleged murder

https://www.standardmedia.co.ke/article/2001323797/south-sudan-denies-executing-two-critics

https://www.voanews.com/a/4905866.html

https://allafrica.com/stories/201905060011.html

https://www.theeastafrican.co.ke/news/ea/South-Sudan-youth-target-Kiir-ouster-in-mass-protests-/4552908-5104438-148ho5mz/index.html

https://www.africaintelligence.com/ion/power-brokers/2019/05/10/dong-samuel-luak-assassinated-by-splm,108356577-gra

http://www.rfi.fr/afrique/20190502-soudan-sud-selon-onu-services-secrets-ont-executes-deux-personnalites (FRANCAIS)

https://www.europapress.es/internacional/noticia-gobierno-sursudanes-niega-haya-ejecutado-dos-activistas-granja-presidente-pais-20190501175114.html (ESPANOL)

South Sudan/Kenya: Investigate Apparent 2017 Killing of Activists

April 30, 2019

UN Experts Report Says, ‘Highly Probable’ Security Service Killed Dong, Aggrey

South Sudanese authorities should promptly undertake an independent and effective investigation into the apparent extrajudicial execution of two outspoken critics of the government, Amnesty International and Human Rights Watch said today. Previously unidentified assailants snatched Dong Samuel Luak, a prominent South Sudanese lawyer and human rights activist, and Aggrey Ezbon Idri, a member of the political opposition, from the streets of Nairobi, Kenya in January 2017.

 

On April 30, 2019, the United Nations Panel of Experts on South Sudan issued a report finding that South Sudan’s National Security Service (NSS) kidnapped Dong and Aggrey in Nairobi on January 23 and 24, 2017 respectively. The UN experts said that the two men were flown to South Sudan on a commercial plane chartered with the help of South Sudan’s embassy in Nairobi on January 27. They were detained in the NSS headquarters at Jebel in the capital, Juba, then moved to the NSS training facility on President Salva Kiir’s farm in Luri, near Juba. The panel of experts concluded that it is “highly probable” that the two were executed there on January 30, 2017.

 

“The UN experts panel’s finding that Dong and Aggrey were most likely murdered days after their abduction while family and friends were stonewalled by Kenyan and South Sudanese authorities shows shocking cruelty,” said Jehanne Henry, associate Africa director at Human Rights Watch. “South Sudanese authorities should stop blocking this case and grant independent investigators access to security facilities in Jebel and Luri.”

https://www.hrw.org/news/2019/04/30/south-sudan-investigate-apparent-2017-killing-activists

https://www.amnesty.org/en/latest/news/2019/04/south-sudan-investigate-apparent-2017-killing-of-activists/

https://www.voanews.com/a/un-panel-south-sudan-killed-activists/4899220.html

https://www.undocs.org/S/2019/301

http://www.sudantribune.com/spip.php?article66958

https://radiotamazuj.org/en/v1/news/article/breaking-dong-and-aggrey-confirmed-dead-families-say

https://www.hrw.org/news/2018/05/02/south-sudan-reveal-fate-and-whereabouts-2-men

Rights group calls on South Sudan to investigate 2017 activist

https://www.nation.co.ke/news/UN-says-South-Sudan-men-killed-Juba/1056-5096362-a1bv5mz/

https://allafrica.com/stories/201905020157.html

https://www.euronews.com/2019/05/01/south-sudan-denies-kidnapping-executing-prominent-critics

It is time for accountability for the enforced disappearance of Samuel Dong and Aggrey Idri

South Sudan’s execution of two activists is a shocking betrayal of the struggle for freedom

https://www.nation.co.ke/news/africa/Akol-Koor-South-Sudan–executioner—kill-peace-deal/1066-5101936-7mpu9az/

https://www.hrw.org/fr/news/2019/04/30/soudan-du-sud-enqueter-sur-les-meurtres-presumes-de-deux-activistes (FRANCAIS)

http://www.rfi.fr/afrique/20190502-soudan-sud-selon-onu-services-secrets-ont-executes-deux-personnalites?fbclid=IwAR2gHpTfMcGNi9Hu6XxtpJND8wj65-UCxSnVSvspQnTR6qXDv-ajmPdwGak (FRANCAIS)

http://www.lefigaro.fr/flash-actu/2-opposants-du-gouvernement-du-soudan-du-sud-tres-probablement-assassines-20190430 (FRANCAIS)

Kenya: Detention of female city lawyer sparks protests from LSK

April 22, 2019

Law Society of Kenya President Allen Gichuhi.

(Law Society of Kenya President Allen Gichuhi.)

The Law Society of Kenya is up in arms against the police over the detention of a city lawyer terming it as a blatant abuse of public office.

Police officers pounced on lawyer Zamzam Abib on Friday at the beginning of the long Easter weekend and have declined to release her on police bond.

Her law firm, Abib and Associates recalled an RTGS payments of Sh6 million her firm had issued to one Salim Ali Sheik on the instruction of her client.

The rescinding of the payments sparked a commercial dispute and Sheik sued Zamzam in a bid to compel her to pay.

Her arrest which LSK says is a purely civil matter, has sparked protests.

The Law Society of Kenya President Allen Gichuhi told the Star the police is being malicious.

It’s very malicious. There is more than meets the eye. This is a young lady, she is a mother, she has ulcers, they are just keeping her there for no reason and we will insist on having a meeting with the IG himself. This is unacceptable. We are not just talking about her as a lawyer but the rights of every Kenyan citizen.

Law Society of Kenya President Allen Gichuhi

He said his team is going to write a protest letter to new Inspector General of Police Hillary Mutyambai for violating the constitutional rights of a Kenyan.

Allen said LSK have pitched camp at Kilimani since Friday but their pleas have not borne fruits.

“We have tried since Friday to have the police release her on bail and they have refused. We can’t understand why. The offence that they are claiming to be investigating is stopping an RTGS instruction, surely!”Gichuhi protested.

Under the Constitution, Gichuhi said, unless you are a flight risk, all suspects are entitled to bail or a police bond.

 

https://www.the-star.co.ke/news/2019-04-22-detention-of-female-city-lawyer-sparks-protests-from-lsk/?fbclid=IwAR3vy3JBoN4BsY984V57vGNM9i6cIa9D4oIBzDjuLtGXzt8CunZJVyusj3c

https://www.standardmedia.co.ke/article/2001322126/lawyers-protest-detention-of-zamzam-abib

Lawyers-protest-detention-of-Zamzam-Abib.jpg