'I was used as a scapegoat in Westgate looting scandal'-KDF soldier

 

A former soldier dismissed from the military for allegedly looting at the Westgate mall has come out guns blazing.

The soldier, who was in a squad that fought terrorists at Westgate in September 2013, has claimed the military used him as a scapegoat to appease the public over fierce criticism of KDF soldiers for allegedly looting at the mall.

Victor Ikutwa Ashihundu (pictured) accuse the military’s top brass of using him to cover alleged misconduct by Kenya Defence Forces officers at the mall where terrorists killed 67 people and left scores injured.

There was also wanton destruction of property as KDF soldiers and police fought off four Al-Shabaab terrorists who had taken over the mall.

After the siege was over, video clips emerged showing soldiers leaving the smouldering rubble carrying items in Nakumatt plastic bags.

 Chief of the Kenya Defence Forces, General Julius Karangi, told local and international journalists that the soldiers were carrying drinking water in the bags, and that the management of the retail store had allowed them to do so.

The public was however not convinced. A month later, on October 29, Karangi called a press conference announcing that Ikutwa and his colleague, Victor Otieno, had been sacked and jailed for keeping stolen property.

Karangi added that Isaiah Wanjala was being investigated over a similar offence.

Outcome not clear

The progress or outcome of the probe has not been made clear though, and the military has not spoken about it since. Ikutwa plans to go to the civilian industrial court to challenge his sacking.

Karangi said the soldiers were found with mobile phones, cameras and chargers that were “stolen” from the mall during the siege.

He stated that, “Discipline is our core value and we are not playing with this issue. That is why we have taken action against these soldiers. Two of them have been jailed and dismissed, while a third one is under investigation.”

Ikutwa was a senior private based at Kahawa Barracks. He joined the military on October 25, 2010. He was among the team from the barracks mobilised for reinforcement at the mall during the four-day siege.

They arrived at night, about seven hours after the attack on September 21, 2013.

They were stationed outside to bolster security and control surging crowds, a job they performed until September 23, when part of the building caught fire as a result of “highly inflammable materials” inside the mall.

According to Ikutwa, following the fire outbreak, an Asian man in the crowd approached him and identified himself. He owned an electronics shop on the ground floor of the building and wanted to be taken inside to salvage some of his property.

Ikutwa accepted to escort him, unaware that the action would later come to haunt him. Ikutwa allegedly talked to some colleagues who allowed him to enter the mall together with the businessman, Hanish Patel Ramji.

At the mall, in his office, the businessman picked some of his valuables and as a sign of appreciation to the soldier for helping him get clearance to enter the building, he allegedly gave Ikutwa a laptop.

“He told me that even if he left it in the store, it would burn or get destroyed, hence the reason for giving it to me,” says Ikutwa.

On their way out, the sacked soldier was stopped by Major Ahmed Mohamed Saman who was in charge of the command post (Westgate special squad).

Saman allegedly confiscated his job ID card and the laptop. Ikutwa was then ordered to take position where he had been assigned, not knowing that an investigation had been launched.

The following day, as soldiers were having supper at around 8pm, military police arrived and told him he was under arrest.

He was accused of “stealing and drinking” while on duty, charges the ex-soldier claims were fabricated in a desperate bid to protect the real culprits.

He was taken to the Department of Defence (DoD) headquarters where he recorded a statement before being thrown into the cells, where he was held for five days as the military sought a statement from Patel.

In his statement, written in broken English, the businessman apologised to the military, saying he had no idea giving the laptop to Ikutwa could land him in trouble.

“I hereby accept (sic) the responsibility of giving the laptop to one of the officers within the military on humility basis. I apologise for any inconvenience to the said personnel. I kindly request your officers to (sic) release him because he is innocent,” reads part of the statement.

Caught in bar

Despite Patel’s admission that he had offered Ikutwa the laptop as a gift, he was not set free.

“They told me that many things had been stolen, demanding that I expose the thieves,” claims the 23-year-old ex-infantry soldier who was attached to the Signal Battalion.

On October 4, Major Saman of Special Operations Training School (SOTS), based in Gilgil, wrote his statement implicating Ikutwa.

He claimed he caught the suspect in a bar drinking and on conducting a search, found him with a new laptop and a bottle of whisky.

Ikutwa was then slapped with five charges and transferred to a cell at Kahawa Barracks as fresh investigations were allegedly launched.

In the first charge, the military claimed that during the rescue operation, the soldier accepted an HP laptop as a gratuity from Patel Hanish Ramji without the authority of his superiors, an act he knew or ought to have known constituted an offence.

The second accusation is that he left his area of responsibility without the authority of his boss. The third count was that he escorted Patel and one Savam Vinay into the mall without authority.

He was also charged with disobeying an order by Major Saman to leave the premises, and was finally accused of keeping “stolen” assorted laptop accessories, Safaricom airtime worth Sh 1,900 and Airtel airtime worth Sh500.

Ikutwa told The Nairobian he did not steal the phone credit cards.

He claimed he bought Sh200 Safaricom and Sh300 Airtel credit cards at Kahawa when they deployed for the Westgate operation.

The third-born in a family of seven appealed against the dismissal but has never received any reply.

“I am informed that the matter is closed. I will fight for justice because there was no fairness in the judgment. They have accused me of being a thief, yet I am not. I need this case to proceed to the industrial court,” says Ikutwa.

His conduct in the testimonial is rated as fair. Written on December 19, 2013, Ikutwa is described as an interactive, reliable and co-operative person.

Interestingly, the soldier received a recommendation for employment with any civilian body.

“During his tenure of duty, he interacted well with his juniors, peers and superiors. He is recommended for employment in any civilian organisation,” reads the testimonial signed by a Lieutenant Colonel (Lt-Col).