KENYA'S DPP ORDERS FOR THE ARREST OF SUSPECTED 15-GANG RAPISTS

 BY ADOW JUBAT

The office of Director of Public Prosecution has directed the police and Tana-River County commissioner to speedily investigate rape and defiled of two sisters in Wayu village in Bura constituency last week by 15-gang men.

The public prosecution office has express outrage failures by the police and other relevant arms of government to quickly conduct probe into the serious criminal offense met against the 23 and 16 years old sisters by the rapist who also assaulted their father before tying him on acacia tree before abusing his daughters under his helpless watch.

In a letter dated 9th of December and seen by the nation, office of the DPP ordered the police in Hola to act swiftly and arrest the suspects; some who has been identified by the suspects to avert any possible break out of inter clan clashes between the Somalis (the victims) and Ormos (assailants) communities.

The terse communication comes barely three days, after the victims has spoke to media from the hospital beds accusing the police and the area chief of chasing their relatives away in alleged bid to cover up the incident as the clan elders meet to resolve the issue under the lenient tradition method (Maslah), where the victims gets a piece of new clothes as compensation and elders takes away 5 goats for each of victim as elders token.

“Our main concern is as to why there have been no arrests made by Hola OCS and police station from the day (a week) he received the file from Bura police station for his action, our office spoke to the area OCS C.I Michael Were, but he seems not so much committed, this are serious crimes” the letter addressed to the Tana River County Criminal Investigation Officer reads in part.

“Two communities are involved herein. We must act as quick as possible to avert any possible break out of war between the Somalis and Ormos who are awaiting your action,” the letter emphasizes.

The letter comes in the wake of extensive protest by victim families and civil society who sensationally accused the area chief and OCS of deliberately shielding the suspects from arrests and prosecution, after possible compromised and waiting that elder will intervene to take up the case.

“We know and we have evidence that there is deliberate attempt by Bura OCS and Wayu chief attempts to cover up this matter, that is why Bura OCS transferred the file to Hola and yet the crime has taken place at his area of command,” said Ibrahim Aden, Change agents and child right activists based in Garissa who brought the matter to the media attention after two days cover up.

The two sisters, 16 and 23 respectively together with their father were on Friday waylaid and gang raped by a group of about 15 youth in Wayu location, while they were scouting for their lost camels accompanied by their ageing father.

The 15-gang first pounced on the father, wrestled him to ground several before tying him on acacia tree and start gang  raping/defiling his daughters  as he pleaded to kill him first instead of putting him to such humiliations. The old man is since reported hospitalized of the experience he was met with by the assailants during the attack.

Bonny Okemwa, principal Prosecution Counsel who wrote the letter on behalf of Senior Assistant Director of public prosecution insists that the suspects when arrested must be brought to Garissa Law Courts for plea although the offence was committed within the jurisdiction of Hola Law Courts expressing fears of witness interference if the case is handled in Hola.

“There are so many compelling reasons as to why we need this matter to be heard from Garissa, one being the availability of witnesses, we have secured witnesses here and the fear of the suspect s’ family members interfering with our witnesses which is common knowledge,” reads the two paged letter which is also copied to Tana River County commissioner and the County Children‘s Officer.

The office of the DPP further wants to the relevant government organs to act promptly and arrest the 15 men.

“Please act and let us have the 15 and more men who did this arrested, your office has the machinery to protect or conduct the prompt arrest, let us have them by Wednesday (10/12/14),” further reads the letter.

The office of director of public prosecution also request the county Criminal Investigation Officer to give stern warning to area Chief and his assistant who he been reported of interfering with the investigations and prosecutions of the culprits by compromising and threatening the key witnesses.