Abubakar Amana who was being sought by police for allegedly making inflammatory remarks in Lamu in December, 2021 on Wednesday afternoon surrendered himself to the regional police headquarters in Mombasa.
Amana was accompanied by his lawyers Abubakar Yusuf and human rights organisation MUHURI Chairperson Khelef Khalifa together with his family.
The Director of Public Prosecution Noordin Haji had written to the Inspector General of Police Hillary Mutyambai to institute investigations over a video clip that went viral on social media platforms showing Amana making the remarks.
In the letter dated January, 11, 2021 and signed by Haji, the DPP stated that the alleged utterances could incite feelings of contempt, hatred, hostility, violence or discrimination and maybe contrary to article 33(2) of the constitution and sections 13 and 62(1) of the National Cohesion and Integration Act No. 12 of 2008.
“The alleged remarks captured in the video clip in December, 19 2021 during a press briefing in Lamu, refer to certain parts of Kenya belonging to certain tribes, and tribal background being a precondition for seeking an elective position in these areas,” read part of the letter.
Abubakar was received at the police headquarters by Deputy regional police commander Peter Njeru who said they were going to investigate him and take appropriate action once the investigations are done.
His brother politician Rishad Amana together with his lawyer Yusuf Abubakar had earlier last week visited the police headquarters to do a written undertaking promising the officers that they would present him today as he was in Tanzania for medical treatment.
“In a civil way we want to say that Abubakar has voluntarily surrendered himself to us, and the relevant agencies that were seeking him are going to take up this matter and carryout investigations and appropriate action will be taken,” said Njeru.
He said that the utterances he made were likely to fuel some conflict, hostility and could cause violence and even discrimination against the people living in Lamu.
“Now that we are with him, he will be investigated for the utterances that he made with a view to see whether it has any links with all that has been happening in Lamu since January, 2nd, lives have been lost and there has been a lot of destruction of property with a number of residents beginning to flee the affected areas,” he said.
He added that he will be set free if he is able to exonerate himself adding that if found guilty the law will take its course.
He further cautioned residents and politicians to refrain from using inciting words urging those campaigning to instead sell their agenda to the people.
Lawyer Yusuf Abubakar denied any wrong doing on the part of his client saying that his words were taken out of context adding that he was confident his client was going to be exonerated from any criminal charges.
“Personally as lawyers we have looked at the video clip, we have analysed it and we have seen nothing alarming out of that. His words were taken out of context,” he said.
MUHURI Chairperson Khelef Khalifa, accused the police of terrorising Abubakar whom he said was just an ordinary citizen with no influence as purported.
“Abubakar is just an ordinary citizen, he is not a politician and neither is he an influential person, ordinary people say a lot of things. The police should go after politicians who say a lot of inciting things even worse than what Abubakar is accused of,” he said.
He accused the state of having two sets of law, one that is always ready to pounces on the ordinary Mwananchi and another one that turns a blind eye to what politicians say and do.
He urged the police to uphold and grant the rights of every Kenyan as outlined in the constitution.
At least 15 people have been killed including four GSU officers since a span of attacks alleged to be perpetrated by Al-Shabaab militia begun to be witnessed at the beginning of the year in parts of Lamu West constituency.