STATEMENT FROM KENYANS TO THE GRAND COALITION GOVERNMENT: RESPECT THE CONSTITUTION AND THE MEDIATION PROCESS
Nairobi, Monday, December 15, 2008
The events of the past three days compel us to evaluate the state of fundamental freedoms in Kenya, and the verdict is singularly unfavourable. On December 12, 2008, as Kenya marked its 45th Jamhuri Day, the Grand Coalition Government signaled its definitive departure not just from the ideals of independence. It also departs from agreements reached under Agenda Item One of the mediation process, which sought to restore full fundamental rights and freedoms, including the right to assembly and peaceful protest.
The President and the Prime Minister watched without comment as police forcibly detained — in one case with unnecessary violence — Kenyans seeking to protest, through the delivery of a letter and the wearing of T-shirts, at the rise in basic food and fuel prices and the refusal of parliamentarians to subject their allowances to taxation. And this in front of the crowds gathered at Nyayo Stadium and the media from Kenya and elsewhere.
By the end of the day, over 100 Kenyans had been detained in around the country. Below is a breakdown:
• Langata Police Station – 58 people among them Mars Group’s Mwalimu Mati, Jayne Mati and Kiss 100 FM’s Caroline Mutoko and Larry Asego.
• Nyayo Stadium Police Post — Bunge la Mwananchi’s Fredrick Odhiambo and 10 others
• Industrial Area Police Station – 40 held on a police lorry and another 15 on a police pickup — later released.
• Garissa – 4 activists, expected to be charged in court today
• Nakuru – 3 activists later released.
The following day— well past the 24 hours constitutionally allowed for detention without charge before someone has to be produced in court—two Kenyans remained illegally detained at Langata Police Station, one in hospital in Nairobi and four in Garissa.
The unlawful arrest and detention of citizens and civil rights activists on Jamhuri Day and the subsequent violent break-up of legitimate protests in Langata and Uhuru Park in Nairobi only crown a year of the state abusing the basic freedoms guaranteed every citizen under the Constitution.
As we speak, Mr Fredrick Odhiambo Owuor, who was brutally attacked by the police and detained without access to medical attention for at least 24 hours, is still in custody. Seven civil rights activists who have been illegally detained in police custody for at least 72 hours are expected to be charged in a Garissa court for loudly petitioning government officials during the Jamhuri Day celebrations last week.
Mwalimu Mati and his wife Jayne of the Media Analysis and Research Strategies (MARS) Group have been released without charge – an indication that their arrest was unjustified and probably malicious from the outset.
The heavy-handed state response to legitimate protest and the exercise of citizens’ right express themselves, the detention of citizens illegally arrested while attempting to peacefully petition the government on the grave issues of taxation of MPs’ allowances, the passage of repressive media laws and the rising cost of living is a shocking trespass on fundamental freedoms.
We are dismayed by the continuing erosion of fundamental freedoms in the country since December 2007. The abrogation and negotiation of fundamental freedoms to assembly, expression and of the press, as well as the freedom to petition the government, have had the net effect of turning Kenya into a police state.
These attacks on fundamental freedoms come at a time when the State appears bent on creating laws that would limit access to information rather than free it. The Kenya Communications (Amendment) Bill takes away the right to receive and disseminate information under the guise of regulating the media and making provisions for security.
Bearing in mind our Constitution’s guarantees of the rights to the freedoms of assembly, association and expression as well as the agreement under Agenda Item Two of the mediation process — that is, the restoration of fundamental rights and freedoms, we demand:
1. The immediate unconditional release of the remaining four in Garissa without charge;
2. Accountability for the Police Commissioner and the minister for Internal Security for failing to respect the Constitution as well as the agreement reached under Agenda Item Two of the mediation process;
3. Accountability of the President and the Prime Minister for the same.
Kenyans will not accept the continued retreat on gains believed to have been secured in 2002 in the guise of security. Kenyans will not accept that the only way to dialogue with the Grand Coalition Government is through insider strategies — non-violent, peaceful protest is also a legitimate means of voicing legitimate concerns, in this case about the rising cost of living in the face of apparent Executive and Parliamentary indifference.
End of statement
Circulated by: Kenyans for Peace, Truth and Justice
About the Author
The current rift between the Government and Kenyans is aggravated by a large section MPs who are using their parliamentary powers to frustrate Kenyans. These lawmakers believe that the media are portraying them negatively both locally and internationally. Therefore, they are backing the draconian Kenya Communications (Amendment) Bill which is yet to be assented to by President Kibaki.
After redeeming ourselves from years of underdevelopment by voting out the KANU regime in 2002, our expectations were still shattered by Kibaki’s first regime, in the process of re-building our freedoms of expression and assembly.
A case in point was the Government-instigated raid on the Standard Newspaper offices and sister TV station (KTN) in March 2006. John Michuki, then Internal Security Minister, claimed that the media had not treated him well. As usual, there were trumped-up charges like one claiming the government had confirmed some journalists had been bribed to write articles which could foment tribal clashes. According to Michuki, the raid was justified because the media had threatened national security.
We also recall the storming of the Daily Nation offices by First Lady Mrs. Lucy Kibaki in May 2005, alleging that the media had portrayed her family negatively.
In May 2006, a Christian broadcasting house known as Hope FM, was raided by masked men that killed a watchman and set part of the building on fire. It was alleged that they had drawn cartoons depicting Minister Michuki as the mastermind of the earlier raids at the Standard and KTN offices.
After the Hope FM raid, Michuki was cited warning the media that: “We’ll raid you again. I have no apologies to make on the destruction that the government meted out on the Standard group two months ago and if the situation demands, I will order for a repeat performance to any media house which is out to destroy the government.”
The ongoing attempts to muzzle the media legally through the draconian Media Bill can be traced to the first government of President Kibaki. After the Michuki-led media raids, half of Kibaki’s government supported him, while the rest condemned him. Those who were against him comprised then vibrant Opposition in Parliament, which we don’t have at the moment.
• Need for an Opposition Party
After the recent Jamhuri Day heavy-handedness by the government, there is a strong need for an Opposition group. Unfortunately, the Grand Coalition has herded MPs into a kraal and many of them seem to be going with the flow, rather than being critical in matters of national interest.
I take issue with the Prime Minister Raila Odinga for sounding helpless on the Media Bill, by shifting blame to Kibaki’s 2006 government that drafted it. He should instead point out the contentious sections with the hope that Kibaki will not sign it into law.
However, I also credit him for reminding Kenyans how the Government shut down live broadcasts during the flawed vote-tallying process at the Kenyatta Conference Centre, prior to the quick announcement of Kibaki’s challenged win in the 2007 presidential election. This was a total breach of fundamental media rights by the same government that allows them to operate.
The legislators who support the Bill and want it entrenched in the Constitution, justify that the media should be tamed for trying to “muzzle” them. These accusations are preposterous because the truth is, the media have been doing a good job in exposing these thieving MPs who do not want to pay taxes, and have no regard for their constituents.
Ministers opposing the Bill are bound by the principle of collective responsibility to support whatever has been passed; whether it is good or bad for the country. This is the dilemma facing PM Raila Odinga and ministers Anyang’ Nyong’o and Orengo among others, who originally belonged to the Opposition. They are also known to be fierce defenders of democracy. We also have an emerging group of firebrand politicians led by MP Ababu Namwamba of the “Grand Opposition” fame, but they seem so quiet about the controversial Media Bill.
• Kenyans dissatisfied with the Grand Coalition Government
The current protests by activists and civil society are just a tip of the iceberg reflecting the general dissatisfaction among many Kenyans who are struggling to survive socio-economically.
Key grievances include: Soaring food and fuel prices; the stagnant labor market which cannot absorb the millions of people who remain unemployed; worsening insecurity; and the plight of the internally displaced people (IDPs), who remain uncared for after the failure of the Kibaki-led “Operation Rudi Nyumbani” (Return Home). Kenyans are generally more hopeless today, compared to the period after the 2002 elections.
I do understand the Kenya Government’s quest to control the freedoms of expression and assembly. However, it should not be done in a manner that will erode the democratic gains we have struggled to achieve so far. Compare the Iraqi security’s reaction to the journalist who threw his shoes at President Bush, with how President Kibaki’s guards manhandled activist Fredrick Odhiambo on Jamhuri Day.
The Iraqi government did not raid the media houses or beat up those who demonstrated in support of the journalist whom they see as a hero. Some lawyers have even agreed to defend him free of charge.
The Grand Coalition Government must work hard to win back the confidence of Kenyans by fast-tracking reforms according to the National Accord.
The government of Kenya is really out to suppress media freedom. I can’t imagine that the MPs have passed a Bill that will allow the Internal Security Minister to raid media houses.
If signed to become law, it will also authorize government security to read private letters and intercept text messages. This is so outdated and reminds one of the colonial era when private correspondence among Africans was censored. Why should the government spend tax payers’ resources to gag the citizens, yet it cannot provide them with basic necessities? How does it hope to benefit from this? Kenya already has the capability to intercept text messages. However, this should be done for the sake of national security without infringing on private rights.
The MPs want to censor the media simply because they have been put on check through consistent scrutiny. They are angered since they never want to account for their ill-deeds like allocating themselves high salaries and other benefits, at the expense of the poor Kenyans who voted them into Parliament.
The brutal force used on journalists and activists by the government security is too scary. There is a total clamp down and efforts by citizens to rally in their support have been thwarted.
I weep for thee, Motherland.
It is heart-wrenching that State security is being used heavily on unarmed citizens trying to protest in Kenya. In Thailand, thousands of protestors recently occupied the main airport in Bangkok for many days to show their dismay with the government. They were not beaten or jailed and when they had fulfilled their wish, they moved away peacefully.
It is a shame that the Kenyan protestors were arrested on Independence Day, which is the day that marks our freedom from colonial rule. It beats me that none of the key Principals of the Coalition (Kibaki or Raila), has condemned the beating and torturing of activist Fredrick Odhiambo Owuor. This means that that whole act was State sponsored as a lesson to other would-be protestors.
It is too early to lose hope in the Coalition Government, but if within a few months we already see brutality used on journalists and members of civil society, then Kenyans should brace themselves for worse times ahead.
Kenyans are captives of a political system that forces them to elect to Parliament, MPs who are normally not bothered about them. They continue to recycle them every five years, or mix them with new faces as evident in last year’s General Election. However, what remains constant is the ever-growing poverty and deprivation of fundamental human rights among the majority of Kenyans.
The legislators now want to censor the media that keep Kenyans informed. Records show that the media have been dealt with ruthlessly throughout the 45 years of Independence. Even now, the Grand Coalition Government does not seem to provide hope for more freedoms of expression and assembly.
There are unconfirmed reports from the brother of the Iraqi journalist who cast his shoes at President Bush, that Iraqi security beat him up and broke his wrist. The government has denied this, saying that he is in good care awaiting his sentence.
If it turns out that the Iraqi journalist was brutalized by government security, then one can see how similar the case is with that of activist Odhiambo Owuor of Kenya. It means that protesting in public is a threat to sitting governments and can only be stopped violently.
Another issue which is constantly being missed by many Kenyans is that we have a young democracy that is only 45 years old and we are comparing it with American or Western democracies, some of which are more than 200 years old.
A growing democracy does not necessarily have to be dictatorial. The tendency being witnessed in Kenya and which is leaning towards authoritarianism (at least as seen from the actions of former regimes) constitutes the price Kenyans will have to continue paying for the country to be free.
Thousands of Kenyans paid with their lives to end physical colonialism. Many more others shed blood for multi-party democracy. There are those who died so that Moi could be defeated in 2002. Many more will therefore have to suffer during the coalition and other government because the country is still a very long way from democracy.
There are Kenyans without food and for them, there is still no democracy in Kenya. Others have no shelter and for them, any democratic gains being preached to Kenyans is just music. Others have no jobs, drinking water or even clothes to cover their nakedness so if you tell them about democratic gains, they will never understand.
For this reason, the struggle in Kenya will never stop until everybody can have the basics for human survival. The problem is that there are no new ideas that could move the struggle forward because what is happening is that Kenyans are changing leaders who have no ideas on how the country can be developed. They elect leaders who are after wealth and who have even refused to pay taxes.
We are still in a situation where a person steals an election and after he is caught red handed, he is helped by jungus through some kind of Annan talks to continue holding on to power while the person whose victory was stolen is convinced to help the thief govern by being thrown some Prime Minister’s position and life goes on as usual. In the meantime, the thirf’s friends are all invited to eat in the high table.
The West is in a situation where (like in Sweden) stealing an election is impossible while anybody tainted with scandal has to step down. In our case, Prof George Saitoti, someone who started stealing from government in the late 80s stole an election in 2008 and he was appointed Minister of Internal Security.
Now, he sent police to beat journalists and activists in the streets as Minister of Internal security. We are still a long way to go. Individuals will come and go but the struggle is here to stay. What matters is what you are doing to try and change the situation because this is what you will be remembered for.
Kenya: The Struggle for Democracy
Edited by Godwin R. Murunga,, Kenya and Shadrack W. Nasong’o
Publication date: 15/01/2007
About the Book
The path towards democracy in Kenya has been long and often tortuous. Though it has been trumpeted as a goal for decades, democratic government has never been fully realized, largely as a result of the authoritarian excesses of the Kenyatta, Moi and Kibaki regimes.
This uniquely comprehensive study of Kenya‘s political trajectory shows how the struggle for democracy has been waged in civil society, through opposition parties, and amongst traditionally marginalized groups like women and the young. It also considers the remaining impediments to democratization, in the form of a powerful police force and damaging structural adjustment policies. Thus, the authors argue, democratization in Kenya is a laborious and non-linear process.
Kenyans’ recent electoral successes, the book concludes, have empowered them and reinvigorated the prospects for democracy, heralding a more autonomous and peaceful twenty-first century.
Published in association with the Council for the Development of Social Science Research in Africa (CODESRIA) http://www.codesria.org
http://www.zedbooks.co.uk/book.asp?bookdetail=4114
President Kibaki urged not to sign draconian media bill into law
Reporters Without Borders has written to Kenyan President Mwai Kibaki urging him not to sign the Kenya Communications (Amendment) Bill 2008 into law. Otherwise known as the ICT Bill, it was adopted by Parliament on 10 December.
This is the text of the letter:
HE Mwai Kibaki, President of the Republic, Nairobi, Kenya
Paris, 11 December 2008
Dear Mr. President
Reporters Without Borders, an organization that defends press freedom worldwide, would like to share with you its concern about parliament’s adoption yesterday of the Kenya Communications (Amendment) Bill 2008, otherwise known as the ICT Bill.
As you are aware, this particularly draconian bill has sparked an outcry among Kenyan journalists and in the international community. If it is signed into law, it would, in our view, represent a big step backwards for press freedom in a country known for its diverse, outspoken and professional news media.
Kenya would lose its status as a model country as regards the protection of freedoms. It would set a negative example which the predators of press freedom in Africa would undoubtedly exploit.
The ICT Bill violates all democratic standards by providing for heavy fines and prison sentences for press offences. It also envisages the creation of a government-appointed “Communications Commission” that would be in charge of granting broadcast licenses.
Article 86 of the bill gives the information minister the power to interrupt broadcasts, dismantle radio and TV stations and tap telephones, while the internal security minister, for his part, is empowered to seize broadcasting equipment without referring to any other authority.
Such police powers should not, in a democracy, be placed in the hands of politicians. It would represent a complete denial of the principle of the separation of powers and would give a formidable weapon to the enemies of the rule of law.
Furthermore, we are astonished that the bill would even give the information minister power to control programme content, as the commission he appoints would also be responsible for ensuring the “good taste” of broadcasts.
It is not the job of any government minister to pass judgment on the quality of news and information, especially as the concept of “good taste” has no legal value.
We therefore call on you not to sign this bill into law.
Your refusal to ratify this bill would send a very strong signal. It would demonstrate your respect for the Kenyan press and for the independent regulatory bodies, which we moreover urge you to strengthen.
We hope you will give this request your careful consideration.
Respectfully,
Jean-François Julliard Secretary-General
http://www.rsf.org/article.php3?id_article=29657
Kibaki signs Communication Bill
Updated 32 min(s) ago
By Kipkirui K’Telwa
President Kibaki has signed the controversial Communications Amendment Bill, 2008, into law.
Despite strong appeal by media stakeholders urging him not to assent to the draconian Bill, the President did finally put his ink on the law that many practitioners describe as threat to free press.
“I have carefully considered the concerns that were raised by the media, which mainly relate to Section 88 of the Kenya Communications Act, 1998 which gives the government power to restrict media operations during a state of emergency,” said Kibaki in a statement issued on Friday evening.
He urged the aggrieved media stakeholders to address the contentious issue separately saying by refusing to assent to the Bill, he would not have addressed the main concern of the media.
Last Jamhuri Day celebrations were marred by protests by both the civil society activists and journalists who engaged the government in protests over the controversial Communication Bill.
During the demonstrations, human rights activist Mwalimu Mati was arrested alongside his wife. Radio presenters Caroline Mutoko, Larry Asego and Walter Mong’are popularly known as Nyambane were either arrested or roughed up by presidential security guards and anti-riot police.
The law that Kibaki assented to on Friday gives the government sweeping powers to regulate media and even conduct raids during a state of emergency.
The law gives the Information minister powers to control what can be broadcast, when and in what form.
During the debate in Parliament, Information and Communications minister Samuel Poghisio defended the passing of the Bill, saying that the Government had no intentions of raiding media houses and that the clause was only retained as a safety measure.
“We do not raid media houses any more. This is only a measure that can be taken during emergencies,” he said.
But at the height of the chaotic, 2007 general election, the government deployed paramilitary personnel at KICC media centre who flushed out journalists, sealed off the facility then switched off live transmission facility.
The government also banned live coverage of events immediately President Kibaki was sworn in late in the evening triggering of violent chaos across the country.
In March 2006, hooded goons raided the Standard Group offices at I&M Towers and Likoni Road, beating up employees, breaking doors, stealing employees’ mobile phones, removing CCTV cameras and carting away computers.
The goons later took KTN TV off air for about 13 hours and disabled the printing plant in Likoni, before setting on fire thousands of copies of that day’s edition. The attack resulted in a loss of millions of shillings.
In 2005, the First Lady Lucy Kibaki stormed the Nation Centre where she allegedly slapped a television cameraman and seized reporters’ notebooks and tape recorders to protest at media’s treatment of the first family.
http://www.eastandard.net/InsidePage.php?id=1144003111&cid=4&
It’s a sad moment for Kenya because today President Kibaki assented to the draconian Kenya Communications (Amendment) Bill.
It’s OK for the Government to regulate the media. However, in this particular case, the contentious sections of the Bill ought to have been reviewed to respect the freedoms of expression and assembly allowed by the Constitution.
The Bill authorizes a gag order on the Media houses at the slightest “provocation” or depending upon the Internal Minister’s mood, they can be raided at will. Let’s wait and see how it will be implemented.