Uncertainty over MRC men facing criminal charges

By CYRUS OMBATI

Police are in a dilemma over the fate of criminal cases involving followers of the Mombasa Republican Council after the courts lifted a ban on the group.

Commissioner of Police Mathew Iteere said 13 cases involving more than 100 followers of MRC are pending in courts at the Coast.

“We will have to wait for the final verdict after Attorney General Githu Muigai appeals. For now, the cases are in jeopardy given the ruling in Mombasa that lifted the MRC’s ban,” Mr Iteere said.

Iteere said the cases in various stages of prosecution range from the suspects being members of a banned gang in accordance with the Prevention of Organised Crimes Act, arson, robbery and planning felonies.

The law provides for a stiffer penalty of a jail term of 15 years or a fine of up to Sh5 million or both, for any gang member found guilty.

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The police chief spoke in Nairobi as a group of youths demonstrated along city streets to denounce the ruling.

Proscribed groups

The demonstrators said the judges did not take into cognisance the dangers that the gang and other proscribed groups pose to the society.

“Some of these people have attacked poll agents in the area and damaged property, which shows the danger they pose to the societal well being.

They must be stopped and that is why we make laws to deal with them,” said the demonstrators who marched through city streets.

Acting Internal Security minister Yusuf Haji said even as Muigai appeals the court ruling, authorities will act on MRC followers who engage in criminal activities.

After the court ruling, top security chiefs held a crisis meeting of the National Security Advisory Committee (NSAC) amid fears the ruling could strengthen 32 other outlawed gangs to regroup.

The High Court judges ruled that the Kenya Gazette notice that outlawed MRC, the group advocating the secession of Coast Province citing historical injustices, was unconstitutional.

The judges, however, ruled that their chants, slogans and “agitation for secession” might constitute hate speech, propaganda for war, incitement to violence or advocacy for hatred, which is “unconstitutional and criminal”.