FULL IMPLEMENTATION OF THE SPECIAL RAPPORTUER ON EXTRA-JUDICIAL EXECUTIONS' REPORT AND THE WAKI RECOMMENDATIONS

PRESS STATEMENT FROM KENYANS FOR PEACE TRUTH AND JUSTICE

We, the organisations united in the search for truth and justice, welcome the report of the United Nations Special Rapporteur on Extra Judicial Executions, Prof Philip Alston.

We praise it for its clarity and candour, perceptiveness and precision as well as its bold recommendations. The mountain of evidence in the report is only a confirmation of what our membership that is engaged in human rights work have known and condemned for a long time – that sections of the security forces have been turned into killer squads with no respect for human life; they have become a law unto themselves.

These findings, though shocking, are not new to the Government. They have been presented to it in numerous reports here and abroad.

For example, last year, in September, the Kenya National Commission on Human Rights released its report on extra-judicial killings and disappearances, ‘Cry of Blood’ which was received with derision and open dismissal by the police and other official circles. Earlier, the KNCHR had released its report about the excesses of the security forces in Mt Elgon District in the report, ‘Mountain of Terror’. The Independent Medico-Legal Unit followed this with the release of ‘Double Tragedy’, a report with similar findings, and was supported by the international Human Rights Watch report, ‘All the Men Have Gone: War Crimes in Kenya’s Mt Elgon District’.

Later last year, at the 41st session of the United Nations committee Against torture, the Kenya Government delegation acknowledged the occurrence of extra-judicial killings – including those carried out by agents of the State.

Prof Alston’s unmasking of Kenya’s security forces and the complicit inaction of the Attorney General should catalyse the Government to take urgent measures to punish those who sanctioned and committed these violations, reform the institutions that housed the perpetrators, and make reparations to the victims.

The issues that the human rights community in Kenya has been raising cannot be wished away by denials and diversionary tactics. In this regard, we take great exception to the statement by the police purporting to deny the statements of the murdered whistleblower, Bernard Kiriinya. The police have chosen to evade the serious indictments made in the late Mr Kiriinya’s confession and instead singled out the vice-chairman of the Kenya National Commission on human Rights, Mr Hassan Omar, and commission staff for intimidation through threats and dirty-tricks propaganda. The entire human rights movement, and civil society in general, stand with the commission on the probity and accuracy of their reports. And it unreservedly supports and endorses the findings and recommendations of the UN Special Rapporteur on Extra-Judicial Executions. It is the police in the dock, and they cannot turn accuser now.

The UN Special Rapporteur’s report cannot be denied or wished away either. It echoes much of what the Commission of Inquiry into the Post-Election Violence, chaired by Justice Philip Waki found: That the security forces are culpable for gross human rights violations, including crimes against humanity, for which justice can be obtained at the International Criminal Court – if it is not locally forthcoming.

Prof Alston’s report is an opportunity for the Government to radically reform the security services and inculcate in those who serve in them a respect for human life and rights, while securing justice for the victims of its agents’ actions.

In light to this the undersigned organization hereby demand that the government takes all necessary measures to:-

Forthwith retract their ill-advised dismissal of the UN Special rapporteur’s report and acknowledge the widespread of state perpetrated executions.

1. Immediately Seize perpetrating the misconception that the Special Rapporteurs report is based on a mere ten day visit, because the rappoteur requested for this visit in October 2007 and has been in constant communication on the same and conducted background research on the matter prior to his visit.
2. Dismiss from office and Institute criminal proceedings against the well known Police officers perpetrating the on-going systematic executions and the superiors issuing orders for execution..
3. Establish an independent police oversight body as recommended by the Waki commission, the UN committee against torture and the UN Special rapporteur on extra-judicial killings.
4. Fast track the recommendations of the Waki commission, which included the urgent, overlooked radical reforms in the security forces in Kenya.
5. Immediately effect the removal from office of the Commissioner of police Major. General Hussein Ali and the Attorney General Hon. Amos Wako on account of their evident incompetence in curbing increasing cases of extra-judicial Killings.

Independent Medico-Legal Unit
Kenya Human Rights Commission
International Commission of Jurists- Kenyan Section
Africa Center for open Governance
Release Political prisoners trust
Haki Focus
Law Society of Kenya
Christian Legal Education Aid and Research
Amnesty International-Kenyan section.
Legal Resources Foundation
Kituo cha Sheria
Kenyans for Peace Truth and Justice

Sack the Attorney General and Police Commissioner!

Somedays are better than others and what a wonderful way to wake up and find this as the headlines:

Click on image for full story

Prof. Alston refers to Attorney General Amos Wako as “embodiment of the phenomenon of impunity” in Kenya. Finally someone with balls has been brought in to sort out our sorry Kenyan asses!Any chance you can have them taken to Guantanamo?

FYI: Kenyan Pundit provides links to Alston's full statement and more HERE

Ladies In Action and Sukuma Kenya nominated as "Unsung Peace Heroes"

Just received some very touching news that Ladies In Action and Sukuma Kenya are among 8 nominations that have been selected as "Unsung Peace Heroes" for efforts during the post-election crises. As you may remember, this blog was initiated to raise funds and awareness for victims of the crises in and around Kisumu. In a matter of weeks, all of you out there donated a total of 12,000$ which Ladies In Action (the tiny little charity run by my folks) used to help thousands of people.

The nomination process was done through the public and they received over 500 entries via sms, phone calls and emails so we are rathered honoured as a family and all the credit really goes to my folks, Tobias Kadongo and Ren Odabashian and other volunteers who were on the ground helping people as well as all our friends and family and friends of friends who sent in vital funds. Thank you...

Other nominees whom I look forward to meeting tomorrow and the small prize giving ceremony are:

1. Alfred Sakwa Sabatia (Eastleigh) - Alfred is 21 years and grew up as an orphan. Since 1996 he lived under sponsorship of the St. Teresa's Catholic Church in Eastleigh. He got hurt while bringing a friend's child to school. He decided to help others during the crisis. He took food, clothes, and utensils given by friends, churches and organizations to Internally Displaced People (IDP) camps in Mathare, Air Force and Huruma. He organized peace talks, composed peace songs, verses and plays, started a peace self help group to keep the youth engaged named "High hopes", "The jaws" and "Joapapes", he joined organizations like Eastleigh Youth Network. Currently, he is recording three new peace songs.

Esther Wanza Muisu (Mombasa) - Esther is 42 years old and a Kamba married to a Kikuyu. She lives in Mikoni, Mombasa. During the period December 28th - January 15th she helped people with food and shelter, a total of 25 people slept overnight at her place. She said; "I know what it means to lose".

Joel Cheruiyot Sigei (Bomet) - Joel is a 48 year old Kipsigis who hid 18 people, 4 Kisii families, for 2 weeks in his compound. He did this secretly to hide them from the community. He gave them maize from his stock and milk from his two dairy cows. Furthermore, he helped children in an IDP camp by bringing them 40 litres of milk every day. When the violence ended, he arranged transport for the 4 families.

Freddy Kamakei Ole Sangiriaki (Narok) - 'Freddy' is 28 years old Maasai who wanted to protect his Kikuyu friend from an angry group of Maasais looking for ‘enemies’. He got beaten up and decided that this could not be accepted. He and his neighbor friends formed a group called 'Kenyan Initiative - by Kenyans for Kenyans' consisting of mostly Maasai together with Kikuyu, Kisii and Luo men. They went out at night to follow and find the angry mob. By talking to them they convinced them to stop the violence and killing after one week. As they went around Narok area, other groups copied their example and set up similar 'peacekeeping groups’. As a result, (Freddy claims) the violence ended much sooner in Narok area than in the rest of the country.

Maureen 'MKenya' Auma Obonyo (Kibera-Kisumu Ndogo) - When others were too afraid, 'Maureen Mkenya' went out and helped the weak in Kibera. When Kibera started 'burning' there was a sudden shortage of food. She witnessed the anger and despair from close by. Uzima Foundation received food donations and Maureen distributed food and food vouchers for them to the sick and the old. Maureen hid her Luo identity by calling herself Maureen MKenya. Some people thought she was a Kikuyu and she was beaten up three times for this reason. She furthermore facilitated peace sessions and organized football tournaments and drama festivals.

Ann Wangari 'Mugeci Damiano' (Nariobi) - Next to her own three children Ann (39) takes care of 15 orphans in the age 6 to 15 years. During the post-election period she went to Muranga district and found 59 children from a burned children’s homes, children from Molo and Narok who needed help, she chose the youngest and brought them to her home in Kasarani. One is Luo and the rest are Kikuyu. All children are now in school. She receives support from friends, church and family.

Paul Omukaya Ayodi (Kawangware) - This 39 years old pastor took immediate action after the election violence broke loose. He took orphans and people who lost their homes to a school for shelter. He helped a total of 20 families of which 5 families are still supported by him, mostly with contributions through the church. One family is Luo, two Kikuyu families, some Luhya and other tribes. Every day he works in a bar in Nairobi from 3pm to late and the rest of his time he dedicates to charity.

Needless to say that none of the people who did anything to help during the post-election crises did it for personal recognition (except politicians of course), it is wonderful that all these people have been recognised in the hope that it brings us together more as a country. As Sharad Rao, former Director of Public Prosecutions and chair of jury says, “The initiative is premised on the understanding that in order to move forward, there is a need to profile and hear the very beautiful stories that gave us hope as Kenyans and strengthened the social cohesion among the antagonistic communities. It recognises that not everyone gave in to the madness in those dark hours. There were people who, during moments of crisis and violence, risked their own lives to save members of other communities,” says Sharad Rao, chair of the jury and former director of public prosecutions.

Special thanks to Media Focus on Africa and Butterfly Works for putting this together. In a time of perpetual political darkness, its nice to have some light.

Thank you.

Hospitalized - Narrative from a Kenyan seeking change

Read Fwamba FC Fwamba's first hand account about the day after being arrested and beaten for demonstrating on behalf of ten million starving Kenyans. (Click on image below)

GRAND FAILURE

Click on image to download full publication

Kenya Burning: An Exhibition

Venue: Kenyatta International Conference Centre
Date: Saturday 28th February - Monday 2nd March
More Info at: www.thegodownartscentre.com

25 Bunge la Mwananchi members arbitrarily arrested and held

From George Nyongesa (Bunge La Mwananchi)

Dear Kenyans and friends of Kenya,

At 9 am this morning (Sunday, 22^nd February 2009), Gacheke Gachihi - a Bunge la Mwananchi network leader in Huruma - along with 20 other youth, were arbitrarily arrested while they were having tea in a food kiosk known as “Kwa Rasta” in Nairobi’s Kiamaiko area (famous for its goat market). In addition to these, the kiosk’s owner, Joel Kimani and several more people who were outside the kiosk were likewise arrested and the whole group was taken off to a field in Mathare North. 3 women, including one identified as Mary Wanja, whose family members were amongst those arrested, followed the group and were also taken into custody by the police.

I received a phone call from another Bunge la Mwananchi member alerting me to this news at around 10 am and we have spent the whole morning trying to trace the people arrested. Visits to the Huruma police post, Kasarani police station, area central police station and Buruburu police station proved futile as the group had not been taken to any of these police stations. Finally, the group arrived at Muthaiga police station at around 1.45 pm where they are now in the process of being booked.

Although we are being denied the chance to speak with them, it is apparent that they have not been told the reason for their arrest. It appears that when the 3 concerned women had traced the group to the field and were arrested, the police then bundled them all into a police lorry that drove off and parked by the side of the road in an unknown area instead of driving to any police station. They were held in the lorry until they were brought to the Muthaiga police station. We have not been able to establish how they have been treated by the police since they were arrested, but even the delay in booking them after arrest is cause for foreboding.

At this time when the UN is investigating extra judicial killings in Kenya, it is important to point out that today’s arrests bear very similar trademarks to arrests that have previously resulted in unexplained citizens’ disappearances and deaths. Indeed, the area from which the group was picked up is an area of Nairobi in which young people are routinely picked up by police, their activities criminalised and this is followed by their sudden disappearances from police custody only to show up dead in unexplained circumstances.

This is an appeal for civic vigilance and solidarity with those arrested. We wish to highlight this as one of many evidentiary incidents of the constant threat that Bunge la Mwananchi members are subjected to by oppressive government machinery – the police. We call upon you for your support in any of the following areas:

1. Please spread the word of this latest police harassment.

2. We invite you to write to or call anyone who you think should know and can do something about this.

3. Write to the President, the Prime Minister, the Minister for Internal Security and the Commissioner of Police to demand a reason for this obvious infringement of people’s constitutional human rights by the police.Click HERE for email addresses and phone nos.

4. Lobby for the immediate release of all those arrested.

5. Even as we continue to follow up, we anticipate that we will require legal assistance and will be grateful for anyone with legal expertise to immediately join us at the Muthaiga police station.

6. We may also require financial support in bailing out those arrested.

Bunge la Mwananchi wishes to reiterate that we mean business by organising and mobilising Kenyans to free themselves from failed leadership. We refuse to and will not be intimidated by these ominous arrests and will not be deterred by police harassment.