December 19, 2016 (JUBA/NAIROBI) – South Sudanese National Security Services (NSS) agents spied on Kenyan nationals in completecontravention of provisions of the young nation’s Transitional Constitution, High Court documents Sudan Tribune obtained last week, indicates.
- The National Security Service headquarters in Juba, South Sudan (File photo)
The High Court dossier also exposed the surveillance program used by the country’s national security service operatives.
According to the document, Napoleon Adok Gai, a South Sudanese security operative, who still lives with his family in Kenya and has an extensive network of friends and associates who mainly did phone monitoring.
Adok was unmasked in court during trial into corruption that allegedly occurred in South Sudan president’s office.
Court papers, for instance shows that Anyieth Chaat Paul, the wife to John Agou had her Kenyan mobile phone number wiretapped and monitored by operative Adok, who was working in collaboration with the Kenya Police anti-terrorism unit.
“Her [Anyieth] debacle started when her husband John Agou was arrested by South Sudan security services on 29th May 2015. Anyieth lived in Nairobi and have no responsibility on day today running of her husband’s business, only taking care of her two years old son. You may describe her as a house wife,” the documents read.
During the investigation of Agou, the investigation committee reportedly wrote to the Kenyan Ministry of Justice as well as the country’s Attorney General requesting that Anyieth be extradited to South Sudan.
“The Kenya government through the Ministry of Justice wrote back to the investigation committee through the Ministry of Justice of South Sudan that Kenya and South Sudan have no extradition treaty,” states the document.
Kenya’s Justice Ministry, it later emerged, advised South Sudan government to open a case against Anyieth in Kenya and if their request was approved, then the Attorney General will extradite her back to South Sudan.
Sudan Tribune reliably learnt that Anyieth was later abducted by security agents from Nairobi, via Uganda, and taken to South Sudan, after the legal process failed.
Adok, working with the help of one General Intelligence Bureau officer, Guem David Diing, reportedly aided the abduction of Anyieth from Nairobi.
Diing was the secretary of the investigation committee, while Adok headed the technical committee of the investigation put in place by South Sudanese authorities to investigate Agou’s case.
Court documents also implicated Sam Gakunga, a close confidante of Kenya’s President, Uhuru Kenyatta who is reportedly the contact person giving all sort of assistance to South Sudanese national security service operatives.
Gakunga, sources say, is well connected with the President of South Sudan, Salva Kiir and all his senior aides.
Meanwhile, Kur Ayuen Kou, a victim of Adok’s “illegal” act, told court that the latter wrote an intelligence report against him [Kou], Abdon Agaw, the Secretary General of government of South Sudan, Chaat Paul Nul and Mayen Wol Jong, two of who are now imprisoned for life on this case.
“Another evidence phone recording Napoleon played during the court hearing was a phone call from the former investigator to Kur Ayuen asking him to appear before the investigation committee,” the source revealed.
He added, “The investigator further told Kur that some members of the investigation committee just wanted to drag you into the case for some political and ethnic hatred simply you are from Dinka Bor [Jonglei state]
General Gordon Mangar, a member of the investigation committee, reportedly questioned why his colleagues intended to implicate Kur, whose name was not being mentioned anywhere among those being investigated.
A member of the probe committee wanted Kur arrested, the source told Sudan Tribune, adding General Charles Ciec Mayor, said “Bor people have sat on our neck for a very long time, if he is another one from Bor, let him be arrested and we would find him what he has committed”.
A telecommunication expert told Sudan Tribune the system operated by South Sudan’s security services is an advance surveillance system that monitors all numbers.
“The system work this way, a telephone number is programed into the monitoring unit. Once that phone number calls or receive calls, it will alert the operator with a red flash on its screen and then the operator will than just press the recording button,” stressed the expert.
He added, “This system does not have a jurisdiction control. As long as you know the number of someone, you are able to monitor his or her phone calls at any time”.
Currently, South Sudan does not have in place a law governing phone recording or wiretapping activities.
Attempts by Sudan Tribune to contact the director of information at the national security service were futile.