Prime Cabinet Secretary Musalia Mudavadi Appears Before Petitions Committee Over the 41 Convicted Kenyans in Uganda
Musalia Mudavadi
The National Assembly’s Public Petitions Committee, led by Hon. Nimrod Mbai (Kitui East), convened today and met the prime Cabinet Secretary Hon. Musalia Mudavadi concerning the case of 41 Kenyans court-martialed and convicted for eight to twenty years imprisonment in Uganda.
These individuals faced trial under Ugandan law, specifically under Section 119 of the UPDF Act. This section stipulates that anyone found in possession of weapons, ammunition, or equipment exclusive to the armed forces is subject to military law and court-martial proceedings, a legal scenario not applicable in Kenya.
Under the East African Community Treaty, a mutual legal assistance framework exists between Uganda and Kenya, facilitating the return of suspects to the jurisdiction where the alleged crime occurred. However, questions linger regarding whether this framework extends to prisoner exchanges. In Uganda, authorities frequently detain pastoralists and fishermen on trespassing charges, often imposing fines before releasing them.
The Ministry of Foreign and Diaspora Affairs is actively engaging with counterparts in Kampala. However, Uganda has reportedly insisted that the incarcerated group must identify the perpetrators of the crime before any release can occur. The situation arose following the incursion of Uganda People’s Defence Forces (UPDF) into Kenya, prompted by the killing of three Ugandan geologists and two UPDF soldiers in Lotisan Sub-County, Moroto District, back in April.
These troops were pursuing herdsmen believed to have committed the acts in Uganda before crossing into Kenya. The porous borders of Kenya, Uganda, Sudan, and Somalia have facilitated the illegal transportation of firearms over the years, aggravating challenges in regions like Karamoja and Turkana, where cattle raids have surged.
Expressing concern, the Hon. Mbai Committee questioned the alignment of the Ministry’s actions with the best interests of Kenyans. Lawmakers recommended the exploration of constructing a dam for the Turkana people, aiming to address challenges faced during drought seasons that compel migration to Uganda in search of water and pasture for livestock.
The Committee also urged the Attorney General, given the President’s awareness of the issue, to actively assist in repatriating the affected Kenyans.
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