Selective justice? Why Ong'ondo's case was acted on as others shelved

The swift arrest of suspects linked to the brutal murder of Kasipul MP Charles Ong’ondo Were has demonstrated the capabilities of security agencies in cracking serious crimes, exposing previous inaction that has led to many murder cases going cold.

As of yesterday, 10 persons had been arrested in connection with Were’s killing on April 30. Were was gunned down at the City Mortuary roundabout on Ngong Road, Nairobi.

The killer, a pillion passenger on a motorcycle, shot Were five times before fleeing the scene. The suspected killer is believed to be among the suspects arrested.

In a display of swift efficiency, the National Police Service (NPS) has pieced together what they say are the last moments of the slain MP. They have utilised surveillance and forensic analyses to identify suspects of the gruesome murder, who include his driver and bodyguard, who were with him when he was shot.

The police service has offered consistent updates on the progress of investigations, a testament to how effective the service can be. The Directorate of Criminal Investigations (DCI) issued the latest update yesterday, revealing that a ballistic report had linked the pistol recovered in one of the suspects’ houses to the shooting.

The coordination of different players has enabled the apparent show of professionalism. Parliament has been critical in providing crucial leads about Were’s movements around the august House.

During the MP’s requiem mass on Wednesday, National Assembly Speaker Moses Wetang’ula said he had instructed Clerk Samuel Njoroge to “put together all our CCTV footage in Parliament on the activities around Were from the time he arrived at the gym around 6 am to the time he left Parliament at 7 pm.”

On social media, many have commended the breakneck speed the police service has used in investigating Were’s death. Conversely, the swiftness has also invited questions of double standards within the service, which risks coming out as being efficient when it wants to.

Were was said to have reported threats to his life, which many politicians have said were ignored.

“When these reports are made, and the police don’t do anything about them, then it is a worrying trend. We hear Mheshimiwa Ong’ondo Were had made reports, and nothing had actually been done. We have many of these reports in Migori... the death of one of our colleagues should be a wake-up call,” Uriri MP Mark Nyamita said recently.

Security analyst George Musamali observed that even in the current case, the police risk being swayed by pressure from political circles.

“The politics behind the issue push police to act. They often rush in, arrest people and go to court, and the cases flop because of a lack of evidence. There is the example of George Muchai and Mugabe Were,” said Musamali

Days before Were was killed, the BBC aired a documentary, “Blood Parliament”, which exposed the identities of some of the security agents believed to have killed youthful protesters in last year’s anti-tax demonstrations.

The BBC investigation, which lasted months, analysed CCTV footage in the same manner the police have to nail suspects in Were’s murder. Such footage has been at the disposal of investigative agencies since last June, but little has been coming in terms of investigations.

“There seems to be laxity when police are dealing with nobodies, but it is not that they cannot deal with our cases. They act when politics is involved. Most cases are now statistics,” said Musamali.

“The danger in that is that people will look for alternative methods of solving disputes. It will create a market for hitmen and goons because justice will seem like a preserve of nobility and not peasantry,” he added.

Security consultant Byron Adera said police must show impartiality when handling different cases.

“Police act swiftly in political cases but delay or inact when civilians are involved.. Because security services, as they are, and of course, the maintenance of law and order, as they say, should treat people equally under the law. Everybody, including the police themselves, must also be seen to be acting under the law,” said Adera, a former special forces officer.

“If they just start to practise impartiality and neutrality and work for the benefit of justice for all, then ideally that would put us in such a good position as a country and of course also improve their legitimacy in the face of the consumers of police services which is the general citizenry and possibly and beyond,” he added. 

In the wake of the demos, Wetang’ula did not issue a public directive involving the presentation of CCTV footage to aid in the investigations of the killings of protesters.

The police have almost turned a blind eye to the CCTV footage from business premises, such that they have relied on heavily to piece together Were’s killing. Little effort has seemingly gone into analysing footage of the shooting of Rex Masai, the first victim of the anti-tax protests.

Police officers were caught on camera brutalising Kenyans during the Generation Z-led protests, but they continue to deny involvement in the abductions and killings of State critics. Their actions have been endorsed by the government, with President William Ruto last year praising the conduct of security agents.

More than 60 Kenyans died in last year’s protests. No one has been convicted of the killings. A year earlier, opposition supporters were killed in demos over a rising cost of living. The Raila Odinga-led opposition said more than 70 Kenyans died during the protests at the hands of the police. No one has been convicted of the said killings.

As human rights organisations demanded fresh investigations into the killing of protesters, the police’s immediate reaction was to arrest four filmmakers linked to the documentary.

The DCI said the BBC investigation contained “false and defamatory” content intended to discredit constitutional offices and incite unrest as it sought to hold electronic devices seized from the filmmakers.

In response to the direct claim that police officers and Kenya Defence Forces soldiers were involved in the killings, the respective agencies have played the denial card, with the KDF saying it had not received a request to investigate any of its personnel from the Independent Policing Oversight Authority.  

For a long time, the police have faced accusations of inaction, which has seen many murder cases go unsolved. Similarly, such inaction has seen serious crimes continue unabated, escalating to unimaginable levels.

Recently, news of the deaths of several worshipers at a Migori church gripped the nation, as did another involving a church in Kilifi, where three congregants died. The deaths, resulting from starvation, mirrored the Shakahola massacre, involving cult leader Paul Mackenzie.

Mackenzie allegedly encouraged over 400 followers to starve themselves to death. The massacre happened under the noses of police officers, who ignored reports about Mackenzie’s controversial activities.

The shocking allegations of organ trafficking at the Mediheal Hospital also exposed the police for neglecting reports about the said trafficking.

At the height of the Gen Z protests, the nation was shocked by news of the discovery of dead bodies at a garbage dump that is metres away from a police station in Kware, Nairobi. Collins Jumaisi, a suspected serial killer believed to have killed 42 women, was arrested in the case, but escaped prison last August, a month after his arrest. He has never been arrested and there has been no updates of investigations about the deaths or the runaway serial killer.