The report to be presented to:

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1 Muslims for Human Rights (MUHURI), Haki House,, Behind Royal Junior Academy, Mathenge Road, Off Nyerere Avenue, P.O. Box GPO Mombasa, Kenya, Tel/Fax: , Dossier on Killings and Tortures of Civilians by some Kenya Wildlife Service (KWS) Rangers: The agony of Herders community near the Tsavo National Park The report to be presented to: Ministry of Wildlife and Conservation Kenya National Commission on Human Rights (KNCHR) Office of the Director of Public Prosecutions Inspector general of Kenya National Police Service Independent Policing Oversight Authority Parliament of Kenya-Justice and Legal Affairs Committee Attorney General of Kenya BY:- Rahma Gulam Abbas Deputy Executive Director 1

2 Table of Contents Acknowledgements Methodology I) Introduction Background Problem Statement Objectives 1.4.Main objectives II) Collection of Data (Methods used) Interviews 2.2..Meetings with KWS officers and ex-kws officers 2.3.Statistics from Taveta County Prison III) Findings and Analysis 3.1..Findings 3.2.Analysis of data 3.3.Possible errors IV) Conclusion V) Recommendations 2

3 Acknowledgements This report was written by Swaleh Elbusaidy Intern Legal department for Muslims for Human Rights (MUHURI) and reviewed by Rahma Gulam Abbas Deputy Executive Director and staff Members of the organization Francis Auma Rapid Response Officer, Twalib Abdallah Human Rights Officer Tanariver County, Kuresha Mohamed Senior Human Rights Officer Tanariver County, Charles Mwadeghu Human Rights Officer Taita Taveta County and Kelly Aduo Human Right Officer Taita Taveta County. 3

4 Methodology This report is based on in-person interviews conducted by Muslims for Human Rights (MUHURI) between May and July 2014 with victims and witnesses of the KWS killings/torture/disappearances. This report also relies on information from court documents, other documentary evidence and reputable human rights reports. Many of the individuals interviewed requested that their identities not be disclosed out of fear of government reprisals. For this reason, this report identifies some witnesses by name, but uses pseudonyms for others. 4

5 I) INTRODUCTION When in trouble of any kind or fear for the precious life people turn to the law executioners. The people well armed and equipped to handle and tackle any threat that is eminent to the country and its people. However, when the same people relied upon to protect and secure are the ones posing a threat to the society, and are the ones committing atrocities and crimes to humanity, then who to turn to? Such is the case in Tana River county where the Kenya Wildlife Service personnel has taken to killing people with no clear cause. The right to life is one that is as old as humanity itself and it is not for anyone to take or rather infringe this right. We as an organisation for human rights, as our name clearly advocates for, are obliged to step in. We should uphold the rights to persons and especially the nucleus of them all for without the right to life the others cannot exist. These killings should not go unnoticed and not investigated. There are rules and laws that stipulate how to live and conduct one self and no one of them allows an officer of the law, or any person with that regard to take another innocent man s life. 1.1 Background Muslims for Human Rights (MUHURI) is a Non Governmental Organization (NGO) based at the Coast of Kenya. It began in 1997 to promote the struggle for human rights among marginalized social groups, with a view to contributing towards the national and international struggle to promote and protect the enjoyment of human rights and civil liberties by all. MUHURI is basically the human rights police there to secure and protect the rights of all and sundry and make sure that none is infringed in any way by anyone. 1.2 Problem Statement Tsavo East National Park is one of the oldest and largest parks in Kenya at 13,747 square kilometers. Situated in a semi-arid area previously known as the Taru Desert it opened in April 1948, it is located near the town of Voi in the Taita-Taveta District of Coast Province. The park is divided into east and west sections by the A109 road and a railway. Named for the Tsavo River, which flows west to east through the national park, it borders the Chyulu Hills National Park, and the Mkomazi Game Reserve in Tanzania. 5

6 Taita-Taveta, Kwale and Tana River Counties are the home of Tsavo National Park, the largest national park in East and Central Africa occupying an area of approximately 48,000 km2. As a result, the area has also registered the highest number of elephant killings in the country. In the name of KWS arms mop-up operation to save jumbos and rhinos (fighting against the poaching menace), killings, torture and forceful disappearance of civilian by KWS rangers continues to be a threat to the safety and security of the Coastal people. In 2013 alone, there have been several civilian killings by the KWS rangers within the Tsavo National park and seemingly targeting Kenyans of Somali origin (Cushitic). In the process of these operations, tens have lost their lives with many more left maimed and/or injured At the Coast, the operations of fighting against the poaching operation by the KWS rangers, through the Rapid Deployment Unit have continued. While the KWS rangers have been able to arrest several suspects and charged them in court on terrorism related charges, it is also a fact that the manner in which they undertake their operations violates human rights and constitutional rights of individuals. While it is necessary to stop the poaching menace, it is imperative that this be done in a transparent, legal and rightful manner. When rights are violated with impunity, it only widens the gap between the people and their government. It is MUHURI s belief that the manner in which the KWS rangers are currently undertaking its operations is causing more harm than good in that they are promoting hatred of security agencies and sympathy for ravage. It is important that efforts be made to promote partnership with communities and Kenya wildlife services. Communities must also be informed to be weary of suspicious elements within their midst and report any weird happenings to the authorities. Efforts must be made to seek audience with the Kenya wildlife service and require them to work together with the people. The Kenya wildlife service must be made to understand their operations exploit injustice and when they as KWS rangers violate rights and commit injustices, they create a breeding ground for ravage. 6

7 A Kenya wildlife service operations strategy that fails to address injustices and shuts out a majority of the people will not bear the same results as that which involves communities and provides peaceful channels for redress of grievances. To poaching menace, we need a multi faceted approach that not only deals with the security aspect but also social, economic and political aspects. It is with this background in mind that MUHURI has decided to undertake this project of looking into the injustices and atrocities committed and to promote the Coastal community understanding of the importance of wildlife conservation measures, foster human rights based approaches and to put them at the frontline of promoting peace and understanding. We at MUHURI seek to document the stories of Kenyans families killed and tortured by the KWS rangers near the parks. It is our hope that this document will not only share their sad tales, but also create awareness concerning the importance of conservation and provide solid substantiation of the risk of grazing near the park or inside the park. More importantly, this document hopes to provide a basis for further investigation into these allegations. Finally, it is our expectation that this will be a positive stride towards provision of a permanent solution to the problem facing the herders community near the parks. 1.3 Objectives - To look into the alleged extra judicial killings by Kenya wildlife service officers of poachers. - To investigate the reasons for the alleged crimes by this wildlife service officers. - To bring to light all the data realized after this investigation - Justice: Criminal justice, restorative justice, social justice through recommendations for prosecution and reparations - Truth: by establishing an accurate, complete and historical record of human rights violations and historical injustices, and educating the public - Restoration of the human dignity of victims and perpetrators 7

8 1.4 Specific objectives for investigating human rights abuses: To establish an accurate, complete and historical record of violations and abuses of human rights, committed between 2011 and2012 such as: Abductions, disappearances, detentions, torture, murder, extrajudicial killings and expropriation of property suffered by any person. To identify and specify the victims of the gross violations of human rights and their where about. To investigate the gross violations of international human rights law and determine those responsible for their commission. To identify actors who purported to have acted on behalf of any public body responsible for the gross violations of human rights, and persons who should be prosecuted for being responsible. To investigate the context, causes and circumstances under which the gross violations of human rights occurred. II) Collection of Data (Methods used) All the data was collected by MUHURI personnel for a period of one month between June and July in the field from the various affected areas. 2.1 Interviews We conducted interviews in different villages and in different counties. We interviewed the affected families who lost dear ones to the KWS officers. Interviewee 1: Hassan Bare Shongolo Date: 11 th July 2014 Interviewer: Elbusaidy Swaleh Place: local hotel in Garsen 8

9 Present: Francis Auma (MUHURI), Twalib Abdalla and Qureysha Mohamed Language: Kiswahili On 5 th of June 2013, Adan Mohammed who all the locals know is a herder, came back home from grazing his cows. He stayed for two days, gathered various cow medicines and headed back to his cows. On 9 th June he came home again. He stayed for that day and left the next morning to get back to his cows. At around 11am as he was walking alone heading to his cows, 100metres away from the main road, he was shot dead by KWS officers. His grazing friends called us to say they heard gunshots and that Adan had not reached them yet. At around 4pm the dead body was brought to the police station and when I went to see it was then I knew that it was Adan. The KWS officers have a statement claiming that he was a suspected poacher. I have a copy of the statements and various statements made and I would gladly give copies to you. I want justice; I want this matter looked into. Adan s death should not be in vain. Language: Somali Translator: Kuresha Mohamed Date: 11 th July 2014 Interviewer: Twalib Abdalla Place: Bora Imani village (Garsen) Present: Francis Auma, Elbusaidy Swaleh. Interviewee 2: Fatuma Ahadho Abdi ID no (95 years old) Three years ago, my son (Hassan Muhumed) came back home from grazing as usual with nothing out of the ordinary. He went to sleep and at 3am a KWS cruiser drove to our house. They ordered my son into the van together with another (Surgow Abkia) and they drove off. There were four KWS officers in uniform and one man in plain clothes. We went to the KWS office the following morning to check on my son and there was no record of him whatsoever. The KWS officers denied they did any raid or took any men. It s been three years now and I 9

10 haven t heard from my son since. I just want closure to know what happened to my son or where he might be if still alive. The picture above is a 95 years old mother narrating on the kidnapping of her son by KWS officers The following are but more interviews and stories of the dreadful acts by KWS officers towards civilians. From false imprisonment, kidnapping, torture, to killing, such are the acts of the said officers whose main work is to protect. 1 Bullo Galgallo Bullo He hails from Tana county,and was brutally murdered by kws at Makina on 18/5/2014 at around 4pm 2 Musa Mahmud Dame A 10 year old boy. He was brutally shot dead by kws at the Tsavo east national park for illegally grazing his cattle despite their evacuation notice. His body was later dumped at an unknown place to cover up the evidence. Demand for probe into his death and arrest of the officers involved felt in deaf ears despite pleas from MUHURI and the family of the victim to kws director. His body has not been found up to now 3. Ahmed Jis Tracked and killed in kasigau (Near Voi) 4. Adhan Dinsor Killed in kasigau 5 Khalif Jelle Killed at Galana 10

11 6. Adhan Mahad Killed at sagala 7. Sugow Habua Killed at chakama 8. Ali Dika Disappeared in Maungu 9 Abdifatah Irshad Taken by police officers in Maungu and hasn t been seen since 10 Abdi Hafow T/ranch 11 Daar Abdi Tracked and killed in Laikipia 12 Ahmed Madey Abud Hails from Bilisa location of Garsen constituency. He was killed in cold blood by special operation unit at voi on 9/6/ Mohamed Abdi Ali He hails from Dalu sublocation in shirikisho location. He was also gunned down by special operation unit at voi On 9/06/ )Yusuf mahamud mursal 2)Mahamed issa nurie 3)Nisteh Mohamed Ahmed The 3 went missing together with their bodaboda registration no k.m.c.u 152 vol chasis no125a blue on 21/3/2014.it was allegedly that they were killed by kws. Some of these had disappeared for a while and were mostly last seen being escorted by KWS officers and put in their vans and their bodies were later found in the forest shot and left for the animals. Some had been mauled by animals and were beyond recognition. Some were taken by the KWS officers and have not been seen since. Their families know they are dead but they would love closure of at least a body and for them to bury their own. 2.2 Meetings with KWS officers and ex-kws officers We met with KWS officers who did not agree with what their colleagues were doing and thought they should talk to someone. For fear of their lives, they refused to for their names to be mentioned anywhere or for them to be quoted. They narrated of how they would take someone, go with him to an isolated part of the forest and shoot them. They would then leave the bodies for the wild animals to feed on. They killed for different reasons. One was the Kws officers dealt with these men and helped them with their poaching and in return the poachers would give a share of the profits to the officers. Sometimes, their actions are known and before the poachers are reached to, the involved officers kill them to keep their mouths shut. They are usually afraid the poachers would inform on them. Another reason was the poacher at times does not give the officer his share and in return they would kill him. 11

12 And the most interesting one was, the officers would link the poachers with an interested buyer, after they delivered the goods, the officers would kill the poacher before payment and they would take the payment for themselves. 2.3 Statistics from Taveta county prison INMATES Balvenja Mwaleka Was charged for entering and hunting of game meat and was sentenced to 2 years Peter Mwangangi Charged for illegal entrance into tsavo park and sentenced to 2 years in prison Jackson Angaine Charged for illegal entrance into Tsavo park and sentenced to 2 years Ali Mohambi Charged for illegal intrance int Tsavo park and sentenced to 2 years Musa Shaaban Illegal entrance into national park and sentenced to 3 years in prison Lemusin ole lendama Illegal entrance, sentenced to 2 years in prison REMANDEES Baltezan simon Deo Joseph Salim Langama Elias Ndimbo Meshare hamisi Iddi kamote Raymond paulo David Tabu Hunting game meat Hunting game meat Fishing in park Fishing in park Fishing in park Fishing in park Fishing in park Fishing in park 12

13 Kesian Steven Dame Ramadhan Fishing n park Fishing in park The magistrate to Voi court helped greatly as he provided us with the various cases brought to his court with regards to poaching, trespass in the game reserves and the various trophies acquired. A poaching case was in fact ongoing as we arrived. Our human rights officers holding a trophy presented as evidence by KWS officers in an ongoing case. 13

14 The charge sheet Above is a charge sheet of a poaching case at voi court III) Findings and Analysis 3.1 Findings 1. The locals are intimidated by some these KWS officers and are afraid to come forward. 2. In most disappearances the victims were last seen in company of various KWS officers. 3. Most victims were picked up at their homes or villages as they ran errands. 4. KWS always deny picking up the victims the next day and any follow up questions are met with threats and sometimes even kicks. 5. No knowledge of any other authority or organization has dared to look into this matter or probe in any way. 6. No knowledge on any inquests that have been initiated for the missing persons or the dead bodies found. 7. The victims families are always turned away when they try to take the matter to the court. 8. The number of those convicted and those in remand with wildlife related cases is exceeded by the number of complaints of disappearing persons and killed persons. 14

15 3.2 Analysis of data Most killings by some of these KWS officers are not even known by the respective authorities and are not in any books. They allegedly kidnap people, shoot them and dump their bodies in forests. They cover their footsteps well, and no killing has ever been investigated. We got a report of a dead body that was taken straight to the mortuary without the proper protocol i.e the police station first. When we tried to reach the mortuary we were denied access for no particular reason. The victims families are intimidated by these officers and are afraid to come forward to report. They are threatened with death and they have no option but to keep their mouths shut. This was evident in Maungu where we had scheduled to meet with various families that had suffered a loss but they cancelled at last minute claiming that the KWS had got a wind of our arrival and they feared for their lives. All the victims are from villages or towns that boarder the game reserve. Not all the victims are poachers, some are but innocent herders who the KWS shoot on sight and later claim they had trespassed or they had a weapon on them. 3.3 Possible errors The facts narrating to the disappearances or killings of the victims might not be accurate for they are mostly of hearsay and none of the complainants was actually present when it happened. The victims might not be dead after all for it is just assumed they are dead after they ve disappeared for weeks, months and some even years. IV) Conclusion Based on our findings we conclude that; The acts of some of KWS officers are not justified under any rule or law. Their doing is completely inhumane and a slap to the sovereign constitution of our republic which advocates for human rights and how to conduct ourselves in our day to day lives. 15

16 The KWS officers in question are playing God in taking lives that are not theirs to take. The government has just been watching with no action whatsoever which can easily be interpreted as an encouragement to keep on doing what they have been doing. Lives have been taken, laws have been broken, victims have been threatened and none has been questioned! V) Recommendations 1. Sensitization to those neighboring the national parks and especially the herders on importance of wildlife conservation and the new wildlife conservation and management act. 2. Article 112 of the wildlife conservation and management act 2013 that stipulates for the use of firearms should be revised and spelled to what extent an officer is to use his firearm. It should illustrate when to shoot and where to shoot and not just vaguely authorize for the use of firearms without regulation of the same. 3. An action should be taken against the KWS officers involved in these kidnappings and killings and an example to be made out of them. 4. Jurisdiction should be defined on which court one should be taken depending on where he was arrested for cases of people arrested in Tana River County and taken to court in Taveta County are many. 5. Reparation and restoration to those affected at the hands of the wildlife rangers. 6. Inquests should be conducted into killings and the missing of people. 7. KWS should publicly share information with regards to arrests and nature of the arrests. 8. The relevant parliamentary committee should conduct an enquiry and launch an investigation against the KWS. 16