THE COMMISSION ON ADMINISTRATIVE JUSTICE sata mnyenge ana hoki Press Release The Aftermath of the Baragoi Police Operation: The Ombudsman Unearths the Flaws Following the fateful police operation at Suguia Valley in Baragoi on 10" November 2012, the Commission on Administrative Justice undertook investigations to establish the factors that might have led fo the failure of the operation. In particular, the Commission sought to establish the factors for the unprecedented and shocking loss of lives and defeat of the police during the operation that claimed the lives of 30 police officers and 8 Police Reservists with several others injured. In addition, the Commission sought to establish the process and level of support by the Government to the injured officers and the families of the deceased officers. The investigations were undertaken based on a complaint by a Law Firm which raised concerns on the manner in which conflicts between the Samburu and Turkana Communities were oeing handled by the Government. As has been documented in the Report, the operation was undertaken to recover 501 livestock that had been stolen from the Samburu Community by cattle rustlers believed to be from the Turkana side. A contingent of 109 Police Officers drawn from the Administration Police Service and the Kenya Police Service, supported by 46 Kenya Police Reservists took part in the operation. During the operation, three sectors of approximately 36 officers were formed under the general command of the Senior Superintendent of Police, Mr. Chrispinus Makhanu. The Staff Officer, Operations, Mr. Wilberforce Lugusa, ACP, remained behind and did not take part in the operation. The Team, which left Baragoi Police Station at 3.00 gum, was ambushed at Kekredony Forest in Baragoi in which 30 Police Officers and eight Police Reservists were killed while fourteen Police Officers and five Kenya Police Reserves were injured in the operation.of firearms issued to them was not known since such firearms became ‘family property’ after issuance by the Government. 5. Seven Officers who participated in the operation are still serving in the Area which has affected them psychologically due to ine bad experience. 6. The support by the Government to the injured Officers and families of the deceased Offices is weak. For instance, the Government only facilitated the burial expenses of 16 Officers at Kshs. 50,000 each leaving oui 14 other Officers. 7. The processing of pension and death gratuity for deceased Officers has been painstakingly and inordinately slow. For instance, as at 11" April 2014, the Kenya Police Headquerters had submited only seven claims to the Directorate of Pensions whereby only six were approved and one was rejected for incorrect information. No payment had been made as at September 2014 ~ a period of almost Two Years after the fateful operation! Further, the Directorate of Occupational Safety and Health Services had only approved payment of eight (27%) of the 30 claims as at 15!" April 2014. 8, There was no policy regarding compensation for the injured or deceased Police Reservists 9. Mr. John Mbijwe, the former DCP, and Mr. Wilberforce Lugusa, ACP collectively and individually mismanaged the operation and were, therefore, culpable of dereliction of duty that led to some of the shortcomings in the operation. RECOMMENDATIONS In light of the foregoing, the Commission has made the following key recommendations: 1, Future operations should be properly planned and well co-ordinated with deployment of adequate resources. 2. There is need to strengthen and co-ordinate the intelligence gathering and sharing within the National Police Service and with other institutions such as the National Intelligence Service.10.The Principal Secretary Interior and Co-ordination of National Government should reimburse funeral expenses to the families of the eight (8) deceased Kenya Police Officers and four (4) Administration Police Officers. 11.The Inspector General of Police should consider transferring the seven police officers who are still serving in Baragoi Police Station and in Maralal Police Station within Samburu County. 12.the Cabinet Secretary, Ministry of Interior and Co-ordination of National Government should consider giving commendation awards to the officers who were involved in the operation, including those who died 13. There should be mare peacebuilding activities in the area involving the warring communities and penal action against those who incite their communities. DATED AT NAIROBI TI CMMR. OTIENDE AMOLLO, EBS CHAIRPERSON OF THE COMMISSION