Kenya National Commission on Human Rights
Press Statement: Nairobi, Wednesday 5th July, 2023 For Immediate Release:
KNCHR Condemns Assault and Gun Threat Towards A Kenya Power Staff by Kitui East MP: Urgent Action Required
The Kenya National Commission on Human Rights (KNCHR) strongly condemns the harassment and physical assault of a Kenya Power Engineer by the Member of Parliament for Kitui East, Nimrod Mbai. This unfortunate incident, which was captured in a video clip that has been widely shared on social media platforms, occurred while the Engineer was performing his duties alongside his colleagues in Kitengela area, Kajiado County. The Commission views this act as a flagrant violation and abuse of human rights and fundamental freedoms of Kenya Power staff, an attack on the integrity of State Officers, contravening both the Kenya Constitution and the Leadership and Integrity Act, and blatant impunity.
The Kenya National Commission on Human Rights upholds the fundamental principles of justice, fairness, and respect for human rights, and call out such acts of impunity, aggression and intimidation being perpetrated against innocent individuals carrying out their lawful duties. The Commission call for an immediate and thorough investigation into this incident by the relevant authorities to ensure justice is served.
According to Article 73 of the Constitution of Kenya, State Officers are expected to demonstrate respect for and dedication to the people of Kenya, uphold the integrity of public office, and promote public confidence in the integrity of the office. The behavior exhibited by Member of Parliament for Kitui East towards the Kenya Power Engineer and staff, violates these principles and undermines the trust and confidence that the public places in this elected representative.
Additionally, Section 8 of the Leadership and Integrity Act outlines the responsibilities of State Officers, which include acting in a manner that avoids compromising the dignity and integrity of the office they hold. The conduct of the MP, as witnessed in the footage of the incident, clearly falls short of the expected standards of leadership and integrity.
The Kenya National Commission on Human Rights is further deeply concerned about the actions of the Member of Parliament, particularly his use of a firearm to threaten the unarmed Kenya Power staff. Brandishing a weapon, especially in the presence of law- abiding citizens, is an act of extreme recklessness and represents a serious breach of public safety and order. It is imperative that this matter be investigated expeditiously to ensure that no one is above the law and that justice is served.
Furthermore, the Commission strongly denounces the Member of Parliament's invocation of the name of the President of Kenya during the incident. It is both inappropriate and unacceptable to use the President's name, use unsavory political undertones and disparaging personal abuses, to intimidate or threaten individuals. Such behavior should be met with the strongest condemnation.
In light of this incident, the Kenya National Commission on Human Rights recommends the following actions:
- The Inspector General of Police to expedite and conclude the investigation into this matter promptly.
- Immediate arrest of the MP pending investigations and legal proceedings.
- Immediate withdrawal of the MPs firearm.
- Public apology to the Kenya Power Engineer and his colleagues for the assault and harassment they endured.
- Public release of the findings of the investigation, ensuring transparency and accountability.
It is essential that the perpetrator of this assault faces the full force of the law to demonstrate that such acts of violence against public servants will not be tolerated. The Commission will closely monitor this case and provide all necessary support to ensure that justice is served, and the rights of all citizens, including public officers, are safeguarded. It calls upon the public to report any events of human rights abuses through SMS-22359, Email: complaint@knchr.org; Toll-Free Line 0800720627 and on its social media platforms. The Commission further calls on all Kenyans to condemn acts of violence and intimidation, and to promote a culture of respect for the rule of law and human rights in our society.
Roseline DA Odede
Chairperson
Kenya National Commission on Human Rights