LSK wants askaris arrested for mistreating Kisumu hawker

The Law Society of Kenya (LSK) is demanding for the arrest of Kisumu county askaris who were captured on video dragging a female hawker on a tarmac road, sparking public outrage.

LSK has threatened to sue the officers on behalf of the victim's family, even as Governor Anyang Nyong'o suspended the 12 officers who were involved in the shocking incident, pending investigations into the matter. 

Mrs Beatrice Atieno Magolo was Wednesdays dragged for about 400 meters on a hot tarmac road in Kisumu town by a pick-up vehicle belonging to the Kisumu City Enforcement Department after she was found trading on the pavements.

The governor’s move to suspend the 12 officers came amid pressure from members of the public, county assembly members and the executive who demanded that action be taken against the culprits.

Prof Nyong’o said he was saddened and shocked by the incident.

“As investigations continue on this matter with the urgency it deserves, I have directed the City Manager to immediately suspend from duty all the officers who were involved in this incident with immediate effect, until the conclusion of the on-going probe on the matter,” he said.

Apology to traders

His Deputy Dr Mathews Owili apologised to the Kisumu women and traders in the county over the ugly incident.

“What was done to the woman was inhuman and I apologise to Kisumu women and traders. The enforcement officers received individual suspension letters today morning as we look into the matter,” said Dr Owili.

He stated that the officers will be offered further training so that they know how to handle such issues in future.

At the same time, LSK Kisumu Chapter has immediately commenced private investigations into the matter with a view to seeking redress for the victim.

“We call for immediate arrest of the county askaris who were involved in this very incident together with the driver of the pick-up. We are keenly following on this matter and shall offer representation to the helpless woman,” Ms Joan Neto, Chair of LSK, Kisumu Chapter.

Unacceptable incident

LSK has further condemned the incident terming it unacceptable in a modern society.

“The hauling of human beings by fellow humans reminds us of the early 20th century America where blacks were tied behind pick-ups and pulled along highways by racist gangs,” said Ms Neto.

After preliminary investigations by the City Rapid Intervention Investigatory Team, the acting Kisumu City manager Abala Wanga has narrowed down to four officers who are to face an internal disciplinary process to account for their actions.

The four are Mr Kevin Omondi (the driver of the pick-up), Mr George Nyonje, Mr Simon Nyumba and Wycliffe Omondi.

“This does not prejudice in any way the hawker’s standing rights to opt for any other legal proceedings if she so wishes,” said Mr Wanga.

According to Mr Wanga, the team established that the woman without regard to her own safety clutched onto the vehicle with one hand while holding her wares with the other hand.

Biometric registration of traders

He also stated that the driver of the vehicle was pelted with stones prompting him to drive off without seeking confirmation from enforcement officers seated behind the pick-up.

“The driver made an unfortunate and regrettable decision to drive off while the hawker was still clutching onto the pick-up rail demanding her wares back. This action was done recklessly and negligently by both the driver and supporting enforcement officer who clearly failed to coordinate their interventions,” said Mr Wanga.

But even as this happened, LSK and civil society groups in Kisumu continued to demand more action from the county government of Kisumu on the officers involved in the incident.

The county leadership, however, warned against politicisation of the incident by county staff and human rights activists.

The county government will Friday launch biometric registration of all traders, including hawkers, for a well-coordinated place in markets and designated areas for traders in the next months.

In the meantime, Governor Nyong’o has directed all county enforcement officers to carry out their duties while fully respecting the human rights of members of the public, whom he challenged to respect city regulations and the rule of law in return.