flagkenyaREPOSTED FROM KPTJ

BACKGROUND:

Following the Kenyatta University unrests that happened in March this year, due to impunity by the administration, leadership and appointment of the new Vice Chancellor, a Madam Mugendi.Several fatalities happened when the General Service Unit (GSU) quelled the unrests, several female students were raped by the said GSU policemen, male students are still nursing broken limbs, maimed, assaulted, other female students were Gang raped by people residing within the proximity of the Institution.

1. Shalmat Naumi Kassim-Vice Chair, Kenyatta University.

2. Duke Nyakundi kibagendi

3. Timothy Ayere Chiwaya.

4. Hibrahim Mboya Otieno.

5.Lecturer, Dr.Mary Wambui-Jomo Kenyatta University and Agricultural Technology (JKUAT).

The four students were charged yesterday with, Intent to violence and disobedience of the law contrary to section 96c-penal code, Obstructing police in due execution of his duties contrary to sec 253(b) penal code. Cap 63 .

The firth a lecturer-.Mary Wambui Dungu was charged with first count and the second count.

PROCEEDINGS:

Following the closure of the institution for the past five months, the university senate began recalling students some were requested to settle their full tuition and extra arrears that were incurred, hence after they did this on 29th-Sep-2009 they were requested to come for their suspension letters.

When the four students collected their letter they read mischief, since the students whom were involved in March institution unrest received a lighter suspension of three months-a semester. While the above first 3 were expelled for a three year period. They were requested to vacate within the 2 hours and also they were requested not to step in Nairobi, the laid down procedures of expelling students was not adhered to by the senate body.

The students vacated within the time they were requested, afterwards around noon they met at a café/hotel 15 km away(Githurai 45) from the institution to deliberate on their impending predicament.

After they requested a cup of tea, a commotion ensured outside the café before they realize what was happening 10-12 well dressed people entered the hotel and went directly to the table they were sitting at, when they tried to comprehend what was happening the well dressed people instead of identifying themselves showed them the pistols /gun tucked in their trousers.

The students refused to be intimidated by this thus when they were roughly pulled outside, while outside a multitude had gathered around the premises, the Student Vice Chair leader Shalmat Naumi Kassim still was requesting the said people to identify themselves they manhandled her forcefully, in the ensuring commotion a woman whom had just parked a white motor vehicle, well dressed intervened when she saw how the young female was being handled.

Later on they came to realize that she is a lecturer at Jomo Kenyatta University of Agricultural and Technology (JKUAT) she volunteered to follow the  students  in her own vehicle and the said plain clothes policemen to Kasarani Police Station which is almost 5 km away. Given that Shalmat was placed between several said officers in the vehicles, given that she was in pain after the scuffle whereby they had punched her and pulled her around the Chest, she had to bear with sexual connotations C.I.D police were directing towards her, several threats by a person they realized was a senior to the grouping were directed towards Shalmat,the said group was bragging how they have severally shot and killed thugs and reminding each other of their adventures while doing the exercise.

CASE STUDY:

On 30th-sep-2009,once they reached the Kasarani Police Station, they were taken to cells, when the good Samaritan lecturer tried to inquire the details of the offence they have committed they proceeded to arrest her and charged her with the above said offences. They were brought to court within the stipulated time of 24 hours and requested the magistrate to direct that they be given back their personal belongings, ID cards, Wallets, Phones and monies.

Yesterday they were coming for a mention in Makadara

Yesterday 3rd-October-2009 there was confusion at Makadara Court, despite only two courts holding for other courts sessions, these is due recess on magistrate courts calendars. Of the two students whom were not able to get 20,000 bail…. one was brought to court, and given that the students did not have a legal counsel, the magistrate inquired of the firth accused where about, when he had that he was not brought among other co accused he directed that he be brought to court before noon, during this time we were trying to get regal counsel that can hold brief for the accused.

We managed to get a Mr.Masika whom previously used to work with Independent Medico Legal Unit(IMLU),the lecturer had also managed to get a personal lawyer. While their file was recalled back in the noon, Timothy Ayere whom was absent was somehow in pain (something need to be looked into) by yesterday evening their family members had fundraised for the 20,000 bond needed and secured his freedom. Duke Nyakundi Kibagendi is still remanded at Industririal Remand, next of kin cannot be located.

GENERAL OBSERVATION:

In standard newspaper of 1st-Oct-2009, a day before they appeared for their  court mention, there is a story regarding the three University students, thus it jeopardizes the court case, defaming the students and court contempt.

Severally Shalmat has received several threatening phone calls by un known people i.e in the middle of night or early morning, although the family is supportive the strain is visible to her mother whom had to wait for the whole of  that day in court  showing solidarity with her daughter, she also had to spend money in trying to request for charge sheet, paying transport  for the four of us from east lands makadara Law Court to Huligham.Where we were directed to Kenya National Human Right Commission (KNHRC) by Release Political Prisoners(RPP),Shalmat is visibly shaken by this events, she is showing withdrawal, while talking to her she says that sometimes she is getting weird dreams, headaches and its is visible she is frustrated, she sometimes shows a kind of fear when she spots a uniformed person.

RECOMMENDATION.

Urgent appeal to get a 20000ksh bond to secure Duke Nyakundi release by  tommorrow Monday 5th-Oct-2009.

The above 4 students needs an advocate, to represent them in future hearing which will be on 30th-Oct-2009, 13 November 2009 hearing. To challenge their dismissal from the Kenya University, the procedural were not adhered to, similar case was instituted,by student leaders in 1995-Suba Churchill and 9 others high court of Kenya.

The three students’ leaders are requesting that they be assisted to repay the bail their families had to sell house property and acquire loans to secure the cash bails.

Shalmat urgently needs a medical attention.

The newspaper which carried the story on the three needs to be held accountable due to publishing a misleading story on the three student leaders, given that the case was before the court.

CONCLUSION:

Several organizations that we were referred to during these hardest times on Students leaders either highlighted to us their scope of operations and limitations.

Personally I have a view that the Kenya National Human Right Commission (KNHRC) should be disbanded, the best they can offer is to come in the screening room with the commissions Act, then while requesting even a simple thing like a letter or phone call to the police station for release of accused properties they have to refer you to what the Act say.

Report by:

Patrick Kamotho Githinji.