A human rights organisation wants an order issued to compel the Inspector General of Police and the Directorate of Criminal Investigations to conduct and conclude investigations into individuals named in the Akiwumi Report on tribal clashes at the coast region over two decades ago.
The investigation, Kenya Legal Trust Fund (KLTF) says should be ordered to be under the direction and supervision of the Director of Public Prosecutions (DPP) within a court supervised timeline.
In its petition at the High Court in Mombasa, KLTF says in or about 1997, the country experienced widespread tribal clashes particularly in the coast region resulting in deaths, displacement, destruction of property and serious human rights violations.
KLTF says that a Judicial Commission of Inquiry, commonly referred to as the Akiwumi Commission, was appointed to investigate the clashes and recommend appropriate action.
“The Akiwumi Commission produced a detailed report identifying individual perpetrators, financiers, coordinators and beneficiaries of the violence,” part of the petition states.
The petitioner also argues that the Akiwumi Commission identified specific individuals as coordinators, financiers and instigators of the violence in the coast region and recommended criminal investigations be undertaken to determine their involvement.
“The Commission further recorded that no statements had been taken from several implicated individuals due to fear by law enforcement officers and stated that such statements must now be made,” the petition states.
According to the petitioner, despite the findings, no meaningful investigations or prosecutions have been undertaken by the respondents.
The petitioner further says that victims and their families have endured over two decades of silence, negligence and denial of justice.
KLTF says that the petition is without malice, private interest or ulterior motive but to vindicate the constitution and the right of victims.
“For avoidance of doubt, the petitioners do not seek a determination of guilt against any individual named in the Akiwumi Report, this petition seeks enforcement of constitutional obligations imposed upon the respondents to investigate and where appropriate prosecute persons named in the report strictly in accordance with the constitution and law,” KLTF says.
KLTF says that the petition raises matters of national importance, historical injustices and institutional accountability.
The petitioner further seeks a declaration that failure by the respondents to investigate and act upon recommendation of the Akiwumi Report is unconstitutional and unlawful.
It also wants a declaration that victims of tribal clashes are entitled to justice, accountability and equal protection of the law.
The petitioner also wants an order directing that the investigations be conducted transparently and independently with reasonable participation of the victims.
Meanwhile, KLTF, in its application, wants pending hearing and determination of the petition the court to issue orders compelling the IG and the DCI to preserve all records, files and evidence relating to the Akiwumi Report and 1997 coast clashes.
The application was not certified urgent, and the case will be mentioned on September 21.
