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Citizen Weekly

Sunday, 25 January 2015

Man Moi cliamed had rebel force wants state pay

The government may lose up to Sh20m or more if a suit filed by a suspected mastermind of a guerilla group 22 years ago is certified by the High Court.
Alexander Wamalwa Barasa of the February Eighteen Resistance Army  made true his intention to sue the government over damages when he filed the civil suit in a Kitale High Court on December 2 2014.
The Kitale engineering technician had on January 30 2014 given notice for prosecution to the Attorney General Githu Muigai complaining among other things, the loss of hearing, unlawful detention, malicious prosecution and tortures by the then Kanu government in 1992-1994
In his civil suit No 13 of 2014 at the Kitale High Court, the father of six and married to a vegetable vendor at the Matisi slums wants an urgent hearing of the suit so that he could feel a free man “to embark on rebuilding my family”.
The state had withdrawn the charges against Barasa under Section 87A of the Criminal Penal Code Cap 75 which allows for fresh prosecution. Barasa, however, has maintained that he is ready to proceed with the case should the state decide to re-open the file to prove his innocence over the alleged involvement in the alleged activities of the Fera guerilla movement.
Barasa had delayed in filing the suit in court following the demise of his lawyer James Masai late last year.  He now prays that the suit be heard in Kitale to allow him easier access to the court proceedings.
The suit’s copy which was served to the Attorney General through the Eldoret’s Chambers on December 3 2014 while the Kenya Police Service was issued with the copy on December 9 2014
Early last year, the Attorney General’s Chambers had written to the former Immediate Inspector General of Police David Kimaiyo asking him to furnish the AG with any materials that would assist the state in defence of Barasa’s intended suit.
A senior officer at the Attorney General had on February 26 2014 asked  Kimaiyo to line up any police officers as witnesses in case Barasa sued the state to avoid losing huge sums of public funds should the suit go through.
True to his words, he is rearing to go ahead with the suit arguing that the State through former Attorney General Amos Wako had failed to prove a prima facie case against him.
He mentions Ford Kenya nominated legislator Patrick Wang’amati whom they had been branded together as Fera activists and who now enjoys the privileges of a lawmaker after he was cleared of  terror activities.
Lining up his defence team which in early 1990s came to the rescue of the Fera suspects which include lawyers Paul Muite, John Khaminwa and George Oraro, Barasa in the affidavit recalls how he together with other suspects were tortured by security agents in Nakuru and Nairobi.
He is also seeking the support from a one-time UN chief Butros Butros Ghali and Ugandan president Yoweri Museveni who, he said, held talks with former then Daniel Moi over the innocence of the Fera victims.
He says he was wrongful linked to the 1982 coup attempt adding that most of the Kenyan youths crossed over to Uganda and Rwanda to avoid arrest.