The office of the Director of Public Prosecutions (DPP) has expressed concerns about the delayed arrest of 15 people who allegedly gang-raped and defiled two sisters in Wayu, Tana River County.In a letter dated December 9, 2014 the DPP ordered police in Hola to act swiftly and arrest the suspects, to avert a possible outbreak of inter-clan wars between the Somalis (the victims) and the Ormos (the alleged assailants).
“Our main concern is as to why there have been no arrests by Hola OCS from the day he received the file from Bura Police Station for his action,” reads the letter addressed to Tana River County Criminal Investigation Officer.
“Two communities are involved here. We must act as quickly as possible to avert any possible break out of war between the Somalis and Ormos, who are awaiting your action,” the letter emphasises.
This comes barely two days after protests from the families of the victims and civil society, who accused the area chief and the OCS of deliberately shielding the suspects from arrest.
“We know and we have evidence that there is (a) deliberate attempt by (the) Bura OCS and (the) Wayu chief to cover up this matter. That is why the Bura OCS transferred the file to Hola and yet the crime (took) place in his area of command,” said Ibrahim Aden, a child rights activist.
The two sisters, aged 16 and 23, were on Friday waylaid and allegedly gang-raped by a group of about 15 youths in Wayu Location in Bura, Tana Sub-County, while their father was tied to a tree and forced to watch as his daughters were assaulted.
The elderly father and his daughters had gone to look for their lost camel when they were ambushed and dragged to a nearby thicket, where the girls were allegedly repeatedly raped.
TRY THEM IN GARISSA
Bonny Okemwa, the principal prosecution counsel who wrote the letter on behalf of the senior assistant director of public prosecutions, insisted that the suspects, when arrested, must be taken to the Garissa Law Courts although the offence was committed in the jurisdiction of the Hola Law Courts, saying he fears there could be witness interference in Hola.
“There are so many compelling reasons as to why we need this matter to be heard (in) Garissa, one being the availability of witnesses.
“We have secured witnesses here and the fear of the suspects' family members interfering with our witnesses,” reads the two-page letter, which is also copied to the Tana River county commissioner and the county children's officer.
The office of the DPP further wants 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.
"Your office has the machinery to protect or conduct the prompt arrest, let us have them by Wednesday December 10, 2014,” it reads.
The DPP also requested the county criminal investigations officer to give a stern warning to the area chief and his assistant, who have been reported to be interfering with investigations and efforts to prosecute the culprits by allegedly compromising and threatening key witnesses.
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