This year’s Jamhuri day celebrations in Nairobi was marked by bitter protests by Kenyans which saw the arrest of journalists, brutalization of activists by equally brutal security guards and attempts by a section of protesters to disrupt the Jamhuri celebrations altogether as President Kibaki was giving his key-note speech.
At the center of the protests is the controversial passing by Parliament of the draconian Kenya Communications (Amendment) Bill 2008, high food prices that have led to starvation of millions of poor Kenyans across Kenya, failure by MPs to pay taxes for their million salaries and misplaced expenditure and looting of the economy by the ruling class as the country continues to beg for hand-outs from agents of Western imperialism represented by the United States, Britain and the European Union.
The Kenya Communications (Amendment) Bill 2008 will basically allow the Minister of Internal Security to raid Media houses with impunity, seize equipment, arrest journalists at will and disable the Press anytime in Kenya. If converted into law by President Kibaki who is yet to accent to the bill, the move will amount to one of the most serious attacks on Press freedom in Kenya since the days of the Moi dictatorship which trampled on freedom of Press with impunity during his twenty four year reign of unmitigated terror.
When the Coalition took over government with President Mwai Kibaki as Head of State and Raila Odinga as Prime Minister, the general belief of Kenyans was that the government would move along the path of expanding the democratic space that would accord the Media greater freedom. In the absence of a political Opposition on the ground, the Media remains the public’s trusted watchdog and it is for this reason that any legislation designed to narrow or reduce Press freedom must remain suspect.
With the Media bill a few steps away from becoming law, the message the Coalition government is sending to Kenyans is that the new government is ready to violate the rights and freedoms of Kenyans (including Press freedom) which were won with sweat, pain, life and blood in protracted and bitter struggles that have been well documented in history books. This is unacceptable to say the least.
The scandalous attack on The East African Standard by the Kibaki dictatorship is still fresh on the memories of Kenyans and what the new Media bill being peddled by the Coalition is designed to do is to facilitate such attacks at anytime, at any Media house and for any reason. From the position of ODM-Scandinavia, the enactment of the Media bill amounts to a roll-back of the democratic gains of the last three decades, a move that should be resisted by all Kenyans and by any means necessary.
Arrests were illegal, draconian, oppressive and heavy handed
We congratulate the gallant Kenyans who took the unprecedented step of confronting the Kibaki-Raila dictatorship head-on with respect to the key issues mentioned. Apart from struggle, there is no short cut to freedom and liberation of a people suffering under the york of oppression, mass poverty, hunger and deprivation in the midst of plenty. As yesterday’s freedom fighters become today’s sell outs, new revolutionaries have to emerge to continue with the people’s struggle while learning from mistakes of the past. The Jamhuri protests should mark the beginning of a new era of struggle, not just against wealth grabbers who have refused to pay taxes but also against the exploitative system of Capitalism used by the rotten ruling class to keep the masses of Kenyan people deprived as the so called leaders lead opulent life-styles at Tax payer’s expense.
The Orange Democratic Movement in Scandinavia (ODM-Scandinavia) condemns, in the strongest terms possible, the arrest and brutalization of Kenyans who were protesting against the new Media bill on Jamhuri day together with those who sought to bring to the attention of the government the reality of high food prices that has created mass starvation across the country at a critical time when millions of Kenyans find it difficult to put food on the table.
Most importantly, ODM-Scandinavia is very disturbed with the arrest of activists who wore T-shirts calling for MPs to pay taxes and which advised Kenyans to stop paying taxes if MPs cannot do the same.
There can be no taxation without representation and if MPs who are supposed to represent the taxpayer cannot themselves pay taxes, then there is no justification whatsoever why Kenyans should continue paying taxes which are, nevertheless, looted by the greedy ruling classes.
We have in mind the arrest of Mwalimu Mati, the Chairman of the MARS Group who was taken into custody together with his wife, the arrest and brutalization of Mr. Odhiambo Owuor who has since been admitted to Nairobi Women’s hospital from where he claimed that members of the Presidential security guards tortured him, the arrest of several journalists who were protesting against the Media bill and the taking into police custody of several activists who were simply exercising their freedom of expression in independent Kenya by putting on T-shirts with a political message.
By arresting Owuor, the government has proven its primitivity because it should have accepted Owuor’s message to understand what he wanted to tell the President since he was un-armed and of no threat to the President. Instead, he says that he was on his way to being castrated.
The position of ODM-Scandinavia is that in making the illegal arrests, the action of the government was illegal, draconian, oppressive and heavy handed, given that those arrested had not committed any crime. The illegal arrests is further evidence that there is nothing to celebrate on Jamhuri day because Kenyans now have to go back to struggle to defend freedoms that were won decades ago.
ODM-Scandinavia warns the Coalition government that its attempt to revert Kenya back to the days of dictatorship of the Moi type will not be tolerated by Kenyans under any circumstance. We call for the unconditional release of all those arrested with immediate effect.
After stealing elections and installing himself illegally as President, the least Kenyans expect from Kibaki is a blatant attack on Press freedom and attack on both the right to free Assembly and freedom of speech.
Instead of instigating these attacks, the Coalition government should concentrate on lowering food and fuel prices, disbanding the ECK which helped Kibaki to steal elections, deliver a new Constitution to Kenyans and get the thieving MPs to pay taxes like all tax payers in Kenya. The struggle against the dictatorship of the Coalition government has just began.
Martin Ngatia
Vice Chairperson
ODM-Scandinavia
About the Author
Dear Kenyans and friends of Kenya,
In efforts to trace Frederick Odhiambo, my colleagues and I spent the day today making several trips to various police stations around Nairobi. We finally found Frederick Odhiambo was being held at the Nyayo National Stadium police station since yesterday after he had been arrested for attempting to serve the president with a citizens’ petition on matters close to our hearts concerning food prices, fuel prices, basic commodity prices, MPs taxation, the Media Bill and the general culture of impunity. However, for an unknown reason the police had repeatedly misled us by telling us that he was not being held at Nyayo National Stadium.
When he was found, Frederick Odhiamabo was being held in a very tiny cell. Mr. Odhiambo is relatively tall and the cell was so tiny that he had not been able to sleep the whole night since he could not lie down and fit in the cell without being most uncomfortably cramped. He was suffering from sheer exhaustion, mental torment, not to mention the physical injuries that had been inflicted upon him since he was arrested. Mr. Odhiambo had been beaten and even been repeatedly injured in his private areas.
It is only after Bunge la Mwananchi (The Citizens’ Parliament) and its friends kept up the pressure to see him and even invited members of the press to the police post that Chief Inspector Francis Mati issued orders for Mr Odhiambo’s transfer to Langata police station and authorised that he be taken for medical attention. We took Mr Odhiambo to Nairobi Women’s Hospital which has expertise in handling cases of physical brutality. Mr. Odhiambo was immediately admitted and is currently convalescing at Nairobi Women’s Hospital under police surveillance.
In the meantime, we’ve been following up at police stations trying to trace anyone that may have been arrested and fallen below the radar. In Garissa, the four people who had been arrested have since been released. In Nakuru, we have lost touch with and are unable to reach the person who was providing us with information. We are still trying to get details from Eldoret and MUHURI is following up arrests in Mombasa.
Bunge la Mwananchi will be joining the Kenya National Civil Society Congress at 10 am at Panafric Hotel tomorrow (14th December, 2008) to issue a press statement on the Jamhuri Day happenings and fallout. We will assess Jamhuri Day events and aftermath and then issue the way forward. You are most welcome to attend and stand with us in solidarity.
Thank you for all the support that we have been receiving since yesterday. However, as more and more Kenyans are traced at police stations, we invite your further and continued support in the form of:
– keeping this matter in our leaders and others’ minds by keeping it in the news and discussion forums;
– funds towards cash bails to secure releases;
– funds to cover hospital costs for those injured under custody;
– solidarity in lobbying for the immediate release of all arrested, including Mwalimu Mati and his wife;
– visiting those still in police custody, bringing along food for them for breakfast/lunch/supper, bringing along warm clothing for those who have to spend the night in police custody or are keeping vigil outside the police stations;
– financial and moral support for the families affected by the arrests; and
– attending any court appearances scheduled for next week for those formally charged with offences.
We are most appreciative of your part in fighting for Kenyans’ rights.
Via email
First and foremost, my sympathies go to all those activists who suffered in the hands of the Grand Coalition security thugs during Jamhuri (Independence) Day because of demanding for better living standards for poor Kenyans. Secondly, I condemn in the strongest terms, the Coalition Government led by President Kibaki and Prime Minister Raila Odinga for reversing drastically, the democratic gains Kenyans have struggled to acquire for many years through such acts on Jamhuri Day. I also condemn our greedy Members of Parliament (MPs) who passed the extremely harsh Media Bill that will interfere with both the freedoms of expression for the media houses and Kenyans in general.
We recall very well how former President Moi clamped down on the media houses during his 24 years of dictatorship and the consequences it had on all Kenyans. It is sad that those who were tormented in his hands are today the dictators who are implementing his archaic policies in a more democratic world. They have even brought back torture, as seen in the case of the human rights activist (Fredrick Odhiambo Owuor) who was beaten senseless and tortured by President Kibaki’s security personnel on Jamhuri Day.
Where is Premier Odinga’s voice in all this? He has been quick to condemn President Mugabe of Zimbabwe, yet his own backyard is awash with atrocities. The whole Grand Coalition Government is gradually grinding into a grand nightmare for the majority of Kenyans who are starving, remain unemployed and may soon be banned from exercising their freedoms of expression and assembly. There is so much historical backlog to clear and Kenyans are already impatient with this government that is hell bent to misappropriate public funds as much as possible through paying MPs huge salaries (without taxes) and emerging government corruption in projects that don’t aim to alleviate poverty.
Where are the vocal voices of those Parliamentarians who used to demonstrate with Wananchi during the last Parliament, engulfed in tear gas fumes? Are they now loyal to the Grand Coalition for the sake of protecting their million-shillings a month salaries?
My heart goes out to Mwalimu Mati who is bold enough to use the media space (MARS Group: http://www.marsgroupkenya.org/) and his profession to educate Kenyans on their civil rights; the ever bubbly and intelligent Ms. Caroline Mutoko of Kiss FM and other civil society leaders and activists who were arrested on Jamhuri Day. All these strong Kenyans will be rendered “voiceless” if President Kibaki assents the draconian Kenya Communications (Amendment) Bill 2008.
There are all manners of allegations doing rounds in Kenya concerning the Bill. A key one says that the MPs are not happy with the media houses for challenging them to pay taxes. They have therefore used their legislative powers to punish them by passing the Bill.
How will the Bill affect media freedom in Kenya? Section 88 of the Bill allows the Internal Security Minister to raid and disable media houses. It will also authorize security personnel to access private letters and text messages (SMSes).
Meanwhile, Bitange Ndemo, the Information and Communication Permanent Secretary (PS), has claimed that the Bill is not aimed at gagging the media. He was cited in the Standard Newspaper (December 14, 1008) saying that: “This Bill is not about journalists, this is about the mannerism in the broadcast sector. Everywhere the world over, you will find that there are some minimum standards within which players are expected to operate, Kenya is not an exception.” The PS also accused the media houses of inciting Kenyans against the Government.
In the absence of an Official Opposition in Parliament, watchdog groups like the media houses and civil society keep the government on its toes. President Kibaki should not assent the Media Bill before returning it to the MPs to review and correct the contentious sections that will affect Kenyans’ freedoms of expression.
Mwalimu Mati, Kiss FM’s Carol Mutoko and other Journalists arrested
Dec 12th, 2008 by Mars Group
Mwalimu Mati, Kiss FM’s Carol Mutoko, Other Journalists and Civil society leaders were arrested for wearing black T-shirts condemning the Members of Parliament for failure to pay taxes. They also called for no tax on food, electricity and kerosene.
Members of the public wearing these T-shirts around Nyayo Stadium have been arrested and stripped naked. Mwalimu Mati and all others arrested are currently held at Langata Police. Mwalimu Mati and his wife are being charged with incitement.
Also arrested were Jayne Mati, Jalang’o of Kiss 100 FM, Walter Mong’are (Nyambane) and others.
http://blog.marsgroupkenya.org/?p=498
Roots of Dictatorship in Africa
By Abdi-Noor Haji Mohamed (Eagle of Hope)
Sunday, July 17, 2005
If Africa is serious to combat poverty and disease it should get rid of the political structures that are so strong at the top and so weak at the bottom. And to bring this evil structure to its knees, Africa should start at household level where the seeds of dictatorship first take root.
Within the family we have a dictator
Dad exercises power without a limit
Never does he consult with anybody
He is an element of terror in the house
His words are final and absolute
Any resistance can lead to punishment
Mom is helpless. She just watches
At community level we have a dictator
We have a chief with tremendous power
He can rule in. He can rule out
He is believed to be a sacred person
No one can challenge to replace him
Only death can force him to move over
In politics we have a dictator
He is a cruel president-monarch
He runs government just like his house
We can not write as we please
In silence we speak
That is how we raise our voices.
http://www.authorsden.com/visit/viewpoetry.asp?AuthorID=12041&id=141594
This kind of news isn’t among the most pleasant to read whether home or in the Diaspora. How shameful that such events should take place on Jamhuri Day, of all days.
My thought travels far back to our founding fathers including Dedan Kimathi and all other Kenyans in particular and/or Africans in general, who through their spiritual gifts contributed towards the freedom and Independence of our beloved Sovereign Nation, Kenya. They must be rolling in their graves as they realise that their sacrifice for us, be it the fire that burned or the blood that was shed was but all in vain.
What’s even more painful about this is that not only is it the Racist Colonialist inflicting this senseless and barbaric brutality against Africans… it is actually brothers carrying out such acts on brothers. Lord have mercy!
It is about time we realised that at the end of the day “wadudu ni wale wale.” It is just the same old pack of wolves in sheep clothing shuffling themselves in parliament sharing power within a very small percentage, squandering our resources leaving the majority in turmoil.
Well, it is quite a hard nut to crack since it reminds a lot about ancient vile Babylon who to this day, still share power in bloodlines. But time is the only enemy you can’t beat. I feel a ‘great storm’ approaching not only Kenya, but the entire ‘global village’. And like the time of Noah, those found offguard will be really in for it.
Ppl say I’m close to a fanatic of Bob Marley’s music, But visionary people like him are God sent and already foresaw and preached this message decades ago… Lyrics like “Total Destruction is the only solution.”, “it takes a revolution to make a solution.”
in short, i’ll invoke Lee “Scratch” Perry’s philosophy of “Everything starts from scratch!” We just have to go back to the drawing board. Nothing more, nothing less…
Dread out
Brayo: Don’t worry. I fixed it just on time…