PAUL WAWERU | NATION Prime Minister Raila Odinga takes an oath before testifying in a case against retired President Moi October 19, 2011.                

President Kibaki should take responsibility for the killings committed by police officers during post-election violence, Prime Minister Raila Odinga told a Nairobi court.
“My view is that the President should take responsibility for the loss of lives caused by police officers,” said Mr Odinga.
But each top senior official of the Orange Democratic Movement should take individual responsibility if there is proof of involvement in the violence, he added.
The Prime Minister was being questioned by retired President Moi’s lawyer Kethi Kilonzo (right) during the hearing of a case filed by a former journalist Otieno Mak’Onyango.
Mr Mak’Onyango was detained unlawfully for four years on allegations by the state that he was involved in the 1982 attempted coup.
Mr Odinga was testifying in support of Mr Mak’Onyango, but the cross examination dwelt on ODM’s role in post-election violence. He was also questioned on the 1982 attempted coup.
The former journalist has sued the retired president and the government seeking compensation for violation of his rights.
Mr Odinga and Mr Mak’Onyango were arrested and detained together on allegations that they took part in planning the coup.
During the cross examination, Ms Kilonzo sought to know from the Premier whether President Kibaki should be held responsible for the loss of lives and property during the violence.
He insisted that action had been taken by the state against members of ODM who committed atrocities but police officers who shot civilians on orders had not been brought to book.
On the attempted coup, Mr Odinga denied giving his car to Senior Private Hezekiah Ochuka to help him plan the coup. The cross examination of Mr Odinga will continue on Friday.
But outside the court, State House on Wednesday dismissed allegations that President Kibaki was responsible for post-election violence.
A statement by the Presidential Press Service described the claim in court as unnecessary blame games that should be avoided at this moment of implementing reforms.
“President Kibaki was not responsible for any form of violence, at any time. As a nation, we need to focus on unity,” the PPS statement said.