Former Interior Cabinet Secretary Fred Matiang’i is staring at a potential legal battle after Gem MP Elisha Odhiambo announced plans to petition the courts to bar him from running for president, citing his alleged role in the River Yala killings.

The Gem MP contends that the state-sponsored killings and body disposals that took place during Matiang’i’s tenure justify legal action and should disqualify him from holding public office.

Odhiambo, in a statement, said he is finalising a legal petition that seeks to hold the former Interior CS personally responsible for the extrajudicial killings that saw bodies dumped in River Yala, some allegedly during the run-up to the 2022 General Election.

“As MP for Gem, I had a meeting with lawyers last night, having listened to the statement of Matiang’i confirming that a number of Kenyans who were butchered were thrown in the River Yala. We are going to petition the court so that we can hold him culpable as an individual for having thrown bodies in River Yala so that he can be accountable as a former holder of the Interior office,” the MP said.

'Reign of terror'

He accused Matiangi of overseeing what he described as a “reign of terror” that inflicted humanitarian and environmental harm in parts of his constituency.

Odhiambo cited human rights reports, particularly by Amnesty International, that documented the discovery of over 40 bodies between July 2021 and January 2022, with at least 31 found in River Yala, which runs through Gem constituency.

“You are also aware, and this is a matter of public knowledge, that following a series of autopsy reports, many bodies had clear signs of torture, strangulation and bullet wounds, an indication that the individuals underwent extremely brutal torture and executions,” he said.

“In all these extra-judicial disappearances and murders, Dr Matiang’i was the Cabinet Secretary in charge of internal security and cannot therefore escape accountability. The families of all those who were brutally murdered and dumped in River Yala are yet to get justice as Dr. Matiang’i is walking free without any answer to these very chilling occurrences that took place under his watch.”

Psychological trauma

Odhiambo said the people of Gem, many of whom rely on River Yala, continue to carry the psychological trauma of those events. He revealed ongoing consultations with legal experts to determine a suitable path forward.

“On behalf of the people of Gem, I’m having a discussion with my legal team to come up with the best avenue to have Dr. Matiang’i held accountable for his role in the extra-judicial killings and dumping of bodies in River Yala during his tenure as Cabinet Secretary for Interior,” he said.

He added that potential actions could include summoning Matiang’i before the National Assembly, launching a public inquest, and urging the Director of Public Prosecutions to file mass murder charges against him and other implicated officials, including members of the disbanded Special Services Unit (SSU).

Matiang’i Distances Himself.

Speaking recently during a TV interview, Matiangi distanced himself from the alleged cover-up of the 2021 River Yala killings, insisting that investigations were still ongoing when he left office and that the matter should now be addressed through a public inquest.

He dismissed the accusations as politically motivated, arguing that blaming him for the deaths was like holding him responsible for unrelated incidents such as road accidents or robberies.

“If I were responsible for a crime that was committed by a police officer when I was Minister for Interior, then I’m responsible for all road accidents, all robbery with violence cases… It’s just not possible,” he said.

According to the International Justice Mission, at least 36 bodies were recovered, with some showing signs of torture. The bodies were found in various states of decomposition, with some appearing to have been placed in sacks, sewn up, or with plastic bags over their heads, suggesting foul play.

Matiang’i said once the bodies were reported, he and other top security officials demanded an inquest and tasked the then Inspector General of Police Hilary Mutyambai and the DCI to investigate the matter directly.

“The gravity of the situation was such that the DCI himself should go to that place and find out what’s happening. When they came back, we asked for an inquest at the National Security Council,” he said.

According to him, the process involved tracing families to claim the bodies, collecting statements, and building a case file, which remained open by the time he exited government.

“The file was open. It was not closed at that particular time because investigations were going on,” he said.

“I didn’t leave with the file. In any case, I would have nothing to do with the file as a Cabinet Minister. That was a police matter.”

Matiang’i insisted the police acted independently and accused critics of invoking his name selectively.

“Our detractors… they choose when it is convenient to say the police service is dependent on the minister. You wouldn’t even influence the investigation for any particular purposes,” he said.

He reiterated that the best way forward was to hold a public inquest, adding that he was prepared to testify.

“I’m ready to go before a magistrate or judge—whatever is going to preside over that inquest—and say what I know about it. Throwing stones for political convenience won’t help. We need accountability,” he said.