No Justice for Gpo, Oscar & Godwin. One Year Ago, Human Rights Defenders Were Gunned Down in Cold Blood.


The First GPO Oulu, Oscar Kingara and Godwin Ogato Memorial Ceremony On Friday 5th March 2010

” Justice be our shield and defender. May we dwell in unity, peace and liberty” Kenya National Anthem

On 5th March 2009, two human rights crusaders, Mr. George Paul Oulu and Oscar Kingara of the Oscar Foundation and one innocent University of Nairobi student, Mr. Godwin Ogato were shot dead in mysterious circumstances along State House Avenue. To date, no information from the numerous investigations into their deaths has been provided to their families, friends and members of the Public.

In remembrance of this day, the 1st GPO Oulu, Kingara and Ogato Memorial Ceremony is set to be marked on Friday, 5th March 2010.

The Ceremony on the 5th of March will be marked by a Tree Planting Exercise in honour of the three at the Freedom Corner from 11:00 to 11:45. This will then be followed by a sombre march to the site of their shooting, along State House Avenue for a brief ceremony and lighting of candles in their memory. The memorial will then move to Kisumu Rural, the home area of GPO for a final laying of a wreath of flowers on GPO Oulu’s grave at Holo and Kombewa.

This will be a sombre ceremony, recognizing the tireless efforts of Comrade GPO Oulu and Oscar Kingara in their efforts to liberate Kenya.

Hon. Paul Muite, Hon. Gitobu Imanyara, Mr. Mwalimu Mati, Mr. Cyprian Nyamwamu among a host of other human rights crusaders are expected to grace the event, in addition to friends and families of the three fallen heroes and Kenyans of goodwill.

As our efforts to obtain a permit from the Kenya Police to hold a peaceful memorial ceremony for the fallen comrades have remained fruitless, we intend to deliver, yet another notification letter to the PPO Nairobi Province tomorrow at 10.00 AM.

Signed and issued by the Organizing Committee

GPO Oulu and Oscar Kingara, Godwin Ogata Memorial

GPO OULU REMEMBERED.

GPO a former student leader and social justice activist and Paul Kingara a human rights defender were killed in a hail of bullets a year ago near The University of Nairobi hostels. It is a paradox and great shame that the cowards had to kill GPO near his alma mater where in so many years he fought battles to build a strong student union that responded to nation building and re-creating a nation where all Kenyans lived in dignity. That GPO Oulu suffered in his student leaders to correct rot in SONU-the student union can not be gainsaid that he had to die at the hallowed grounds of an intellectual reservoir pained all who had hope in. That GPO Oulu had to die a cold death, that the people who felled them feared to face them and argue their case is reason enough that Kenya is not there yet. That GPO died fighting for the Kenyan people’s right cannot be forgotten. He raised his voice for the voiceless and the unreached.

GPO Oulu was not a coward, he had no apologies to make to those who promoted bigotry, tribalism, self-aggrandizement, corruption and personal glory. GPO the leader led from the front and sacrificed any little comfort for the student fraternity. That is how all people from his Kikuyu campus to Parklands campus and main campus came to know him, a man fearless and steadfast that even when he was the only one fighting for the rights of the students he would not cower. To GPO that he came from a humble background and that he had a huge responsibility at home did not stop him fro standing for humanity. He did care that a better Kenya would bet a better home for everyone.

This month has we remember GPO Oulu, we also remember the student leaders of yester years on whose blood we stand. To all student leaders in our institutions of higher learning your calling is greater than your tribe and parochial politics. The gift the youth of this country can give GPO Oulu and the rest who have gone before us is to stand and risk for a better Kenya. GPO Oulu’s calling is for a Kenya that is united where all communities work in diversity to build a nation that takes care of all without prejudice and discrimination. A nation where rule of law, good governance and democracy are the pillars for socio-economic and political development. Where Kenyans access basic needs without feeling like they are getting favours, where opportunities for all is the credo of service to the nation.

Today we raise our voices and cry for truth and justice to be served to the fallen heroes. That the murders have not been resolved to date is a shame to all institutions of this nation. This shows the rot and failure in government, the impunity that the Kenyan people suffer everyday.

To those who believed in GPO Oulu, to those who want a better Kenya, we should all demand that action is taken. That we know who killed the two. Every Kenyan’ Human rights defender’s fear today is who will be next? Will we get cowed? Will this go on?

Douglas Arege,

Kisii

The Partnership for Change Message for Madaraka Day – 46 Years Later It’s Not Yet Uhuru but Change is Coming.

THE PARTNERSHIP FOR CHANGE MESSAGE FOR MADARAKA DAY – 46 YEARS LATER IT’S NOT YET UHURU BUT CHANGE IS COMING.

Nairobi 1st June 2009

Summary: Madaraka was meant to;
- give Kenyans sovereignty over their political affairs and their resources
- give Kenyans a Bill of Rights to be enforced by an independent judiciary
- create a democratic, prosperous & just Nation where the rule of law prevails

46 years ago today, a handover took place at a ceremony in Nairobi, Kenya, between the British colonial government and an elected government headed by the leader of the Kenya African National Union, Jomo Kenyatta, as Prime Minister of Kenya. That day June 1st 1963 has since then been commemorated annually by Kenyans as Madaraka (Internal Self Government) Day. It is the day that Kenyans knew their independence would shortly come.

Six months later on December 12th 1963 (Jamuhuri or Republic Day), Kenya attained independent dominion status within the British Commonwealth under a constitution that was negotiated and agreed at three multi-party Constitutional Conferences held in London and Nairobi between 1961 and 1963. At the stroke of midnight all eligible persons in the country became citizens of Kenya by birthright – in the case of those born after midnight – by naturalisation or by application.

Jomo Kenyatta remained Prime Minister until December 12th 1964 when further constitutional changes declared that Kenya would henceforth be a Republic with Jomo Kenyatta as the first President of Kenya. Kenyatta was president for 15 years. The Prime Ministership was abolished, and there have only been two more Kenyan Presidents since then – in 46 years – Daniel Arap Moi who was President between 1978 and 2002 (24 years); and Mwai Kibaki who is serving his 7th year as President.

Since that first Madaraka Day, Kenyans have been trying to secure the benefits of internal self-governance, democracy and prosperity for the people of Kenya. Sadly, 46 years later, Kenyans are still suffering from the ills of a colonial like state which instead of healing, feeding, and educating and securing the people; oppresses steals and even kills often and with impunity.

Kenyans know that freedom is not free, and that they have to unite as they did before Independence for freedom. Several times in our history we have been reunited in the push for true Uhuru. Immediately after the first Madaraka Day the struggle to preserve the vision of land and freedom was led by the Kenya People’s Union against KANU, and throughout the 1960s and 1970s by patriots like Pio Gama Pinto, Josiah Mwangi Kariuki and the students and dons of Kenya’s universities. This was defeated by brute force and assassinations. In the 1980s the resistance to section 2A of the Constitution involved agitation for the end of the one party KANU dictatorship of Daniel Arap Moi. Most recently, there was the rejection of KANU in 2002, and the election of the National Rainbow Coalition which was Kenya’s first pre-election pact coalition government, and which developed an Economic Recovery and Constitutional Reform strategy and plan which was frustrated by selfish political manoeuvre. Today Kenyans are striving to overcome the political, economic and governance crisis which emerged after the botched presidential election of December 27th 2007, and this struggle is assuming a dimension of generational leadership change in the form of a “citizen’s in charge” movement.

Throughout the darkest days, Kenyans have always known that they are Kenyans and that as such they have rights which are given to them by their Constitution. They have consistently since Independence resisted against a leadership that sought to oppress them as the colonial state did. They have however suffered greatly in this resistance. Many Kenyans have been detained without trial, subjected to rigged trials, exiled, tortured and even been killed and tortured in the past 46 years.

On 12th December 2008, citizens through the Partnership for Change declared that they were going to take charge of democratising and freeing their country for themselves. The Partnership for Change has since November 2008 been implementing a six-point agenda of advocacy and public education on the National Accord, Fundamental Human Rights, the National budget and Debt, Citizens’ Responsibility and Ending Impunity. These agenda items are covered in the National Accord of February 28th 2008, which established the Grand Coalition Government led by President Mwai Kibaki and Prime Minister Raila Odinga.

WHAT IS THE CONTENT OF OUR NATIONAL ACCORD?

Agenda One of the National Accord:
- restoration of civil and political liberties
- cessation of violence against and between citizens

Agenda Two of the National Accord:
- resolving the post election humanitarian crisis
- reconciliation and national healing

Agenda Three of the National Accord:
- overcoming the political crisis

Agenda Four of the National Accord:
- overcoming long term issues and providing solutions to mass poverty and unemployment, land reform, regional imbalances, and equity
- addressing national cohesion and reconciliation, transparency and accountability, constitutional reform, institutional reform of Parliament, the Judiciary and the Internal Security Apparatus including the police

The Grand Coalition Government has failed to keep the timelines and to deliver the National Accord. We believe that implementing the National Accord and the agenda of the Partnership for Change will ensure the delivery of the vision of Madaraka Day and Uhuru. We have committed ourselves to use all our constitutional freedoms to advocate and educate Kenyans on our agenda for the prosperity and freedom of all citizens. In this, as people and citizens of Kenya, we shall act without waiting for the political leadership who have failed us before time and time again.

Recognizing that Madaraka Day 1963 made us citizens with inalienable rights, the Partnership for Change shall over the next 6 months up to December 12th 2009 mount a nation-wide campaign to restore the Madaraka Day vision of democratic accountability and urge Kenyans to resist dictatorial impunity. If we succeed, at a minimum the fundamental rights of every Kenyan will be respected and protected by the state and its agencies on pain of prosecution for any one regardless of status, who violates the rights of a Kenyan citizen. Our rights are not negotiable.

The Partnership for Change holds the position that the National Accord and not Vision 2030 is the country’s Blue Print for national development and ultimately salvation. On this 46th Madaraka Day, we restate that the full implementation of the National Accord is non-negotiable and the Grand Coalition Government so long as it remains incapable, or refuses, to implement the National Accord has no moral authority to remain in place, bearing in mind it is created by a political pact and not by a democratic election result. To stimulate peaceful and democratic change in Kenya, we shall support people’s struggle and initiatives for a better Kenya in the following ways:

1. We shall work to raise awareness of public resources management discipline in order to identify and secure financial and other resources for the achievement of Agenda 4 of the National Accord. In this regard we are campaigning to rationalise the budget and to achieve at least 60% of the budget is secured for development spending; and are also advocating for a comprehensive external debt relief agreement for Kenya.

2. We shall work and campaign as citizens, educating others and asserting our fundamental freedoms as detailed in Chapter V of the Constitution (Bill of Rights) and in particular calling for the unequivocal and full implementation of the full implementation of the Report of the Waki Commission of Inquiry into the Post Election Violence and the Alston Report to the 11th Session of the United Nations Human Rights Council on Summary and Extra Judicial Killings to end impunity in Kenya and to ensure that for the first time in Kenya’s history since Independence all public institutions and public officials are held accountable, and work to promote and defend human rights.

3. We shall work with grassroots Kenyans to educate Kenyans, organise forums that are driven by the citizens themselves- on how to full participate and consult with each other to participate in decision making, public finance, to protect and preserve democracy, ensure honest and effective representation in Parliament and the local governance structures and indeed all governance structures.

4. We shall advocate for the need for impartial application of the rule of law. Kenyans are born equal, regardless of the political opinion, ethnic origin or social status.

5. We shall develop plans and policies for institutional responses to deal with impunity including enhancing public monitoring and record keeping of the government operations related to public finance management and the as regards the fundamental human rights

6. We shall support the call by the people of Kenya for their immediate democratic re-enfranchisement and their right to an elected government.

WE SHALL ACT FOR THE FOLLOWING REASONS AND GROUNDS:
We shall do this because the Grand Coalition Government must be pushed to deliver on its duty to Kenyans as expected in the National Accord. We shall do this because it is our right to demand for the full implementation of the National Accord. Failure to implement the National Accord constitutes grounds for a fresh election, and the Grand Coalition Government has failed in the following respects:

Failure to keep Timelines:
- It has failed to keep the timelines to deliver the promise of the National Accord. Constitutional Review within 12 months has been overlooked hence the stalled institutional reforms in the judiciary, in parliament and the representation of the people, dealing with regional imbalances and the public finance systems;
- It has failed to establish the Special Tribunal for Kenya to punish the persons bearing the greatest responsibility for crimes against humanity committed in Kenya during the Post Election Violence period (December 2007 to February 2008) during which 1,133 Kenyan were murdered and hundreds of thousands were displaced.
- It has failed in 15 months to settle the internally displaced victims of the post election violence leaving hundreds of thousands of Kenyans exposed to untold suffering daily, indefinitely.

Failure to Protect Kenyans and End Extra Judicial Killings
- It has failed to demobilise militias, and dismantle organised crime syndicates and gangs, which continue to murder, extort and maim with impunity.
- Extrajudicial killings by the Kenya Police continue and no one is being punished for this illegality which has lead to the deaths of hundreds of Kenyan young men and women. Torture of persons in official custody remains a practice within the police and other disciplined forces, and torturers have impunity. Police reforms are still pending and on June 2, 2009 the UN special Rapporteur on Enforced disappearances shall present a damning report on Kenya. Shockingly during the Madaraka day celebrations, neither the President nor the Prime Minister had anything to say on this – in prominent attendance at the celebration was the Police Commissioner who has several times been indicted by independent and official reports. The Attorney general who has been described by the UN Special Rapporteur as the embodiment of impunity remains in office after 19 years, and presumably for life.

Failure to Secure Protection of Law and Access to Justice
- There have been no efforts to improve access to justice for the majority of the population. Whereas over the past 15 months the Grand Coalition Government increased the administrative districts to over 209; it has failed to provide the people with courts and today there are only 58 High Court Judges, and 287 Magistrates for a population of 38 million citizens. The backlog of cases according to the Ministry of Justice stands at over 800,000! 46 years after independence, Kenyans are denied justice as a majority face criminal charges without any legal aid or assistance by qualified lawyers.
- Prisons were built to hold 16,000 inmates at a time. Today they hold over 64,000 convicts and every day about 45,000 Kenyan citizens are held by the police in cells under inhumane and degrading conditions.

Failure to Address Long Term Issues
- The Grand Coalition Government has failed to tackle poverty and inequality. It has failed to deliver on its promise to generate 740,000 new jobs each year from 2008 to keep up with youth unemployment which is now a national security threat. Training colleges have been shut down for lack of funds while the Grand Coalition Government continues to increase recurrent expenditure on hospitality and conspicuous consumption.
- The Grand Coalition Government has failed to consolidate national cohesion. It has failed to criminalise hate speech by law and in fact it has allowed politicians and public officers to verbally abuse and scandalize those who point out its faults. The Kiambaa victims’ mass funeral which was avoided by the national and local leadership of the Orange Democratic Movement, and shoddily managed by State House shows how far the nation is from national healing.
- The Grand Coalition Government has failed to institute the much desired and needed land reform and is engaged in a sham discussion to shield its members’ vested interest in the status quo where formally public lands remain in private hands illegally; a fact extensively documented by among others the Ndung’u Land commission report of 2004.
- The Grand Coalition Government is incapable of fighting corruption and has indeed institutionalized impunity for gross economic crimes by shielding perpetrators from persecution and by incorporating perpetrators of corruption in its highest political and public offices. Today, more than half of the cabinet ministers of the GCG are implicated in Grand corruption charges and are yet to be cleared. A corrupt government can not deliver Agenda 4 of the National Accord.

Failure to control Public Debt:
- The Grand Coalition Government has committed 24% of national Budget to debt redemption and is increasing our domestic debt from Kshs. 670.8 billion to Kshs. 827.4 billion and since 1963 Kenya has borrowed over Kshs. 1 trillion with little to show for it. It is now imperative that we have full accountability and transparency in our debt. The Partnership for Change shall demand that Kenyans are told whom we owe and for what purpose we owe. We shall campaign that we as a country should undertake no further debts until the government of Kenya accounts to the people through Parliament. A quick look at our statement of external debt reveals huge borrowings and repayment to the tune of over a trillion shillings for development infrastructure that has never been built. Most of the loans did not have proper parliamentary authority and went to private hands leaving Kenyan tax payer to pay for value un-received. Disturbingly, the Grand Coalition Government has made it its policy to borrow to fund its recurrent expenditure.
- The Partnership for Change takes exception with the Bretton Woods institutions which choose to ignore the public evidence that the Kenyan Government is neither transparent nor accountable in public finance management and that there are odious debts on our books. Even though the Partnership for Change alerted the Executive Board of the International Monetary Fund as to the presence of odious debt our books, and the history of pathetic management of public resources by Treasury, the International Monetary Fund’s immediate response to this call was to lend the Government of Kenya twice the amount it wished to borrow.

The Partnership for Change shall play Its role in offering information, organising the people and providing the tools for holding public officials and state institutions accountable so that by December 12, 2009, Kenyan citizens shall have made a breakthrough.

Partnership for Change
Nairobi 1st June 2009

The Kenya Civil Society CommuniquÉ on Extra-judicial Killings and the State of the Nation Nairobi, March 12, 2009

The Kenya civil society in its various formations across the country has assessed the state of the nation in the wake of the brutal broad-day light gunning down of our members Oscar Kamau King’ara and John Paul Oulu (GPO) by people believed to be police officers on a mission to assassinate the two on Thursday March 5, 2009 on State house road near the university of Nairobi Halls of residence. We condemn the cynical and brutal assassination of our brothers and vow to take all the necessary steps to ensure their killers are brought to justice. We also condemn the barbaric murder of an innocent university student, Godwin Ogato Gisairo, the same night by a police officer.

The assassinations of our two colleagues came merely six hours after the government spokesperson Dr. Alfred Mutua had announced that the government was planning “to deal with the officials of the Oscar Foundation” for allegedly funding the Mungiki sect. The Prime Minister has since contradicted Dr. Mutua. It therefore is not clear the basis upon which Dr. Mutua continues to be in office. Mr. Kiraithe, the Police spokesperson remains in office to continue fanning his propaganda machinery against members of the civil society, the Kenya National Commission on Human Rights and hapless Kenyans who have been victims of the unstated government policy of executing suspects, instead of taking them to court. Several victims of this propaganda have had to go into hiding or even flee the country after receiving death threats. Some are government officials of rank.

We are concerned that Kenya is headed in the wrong direction- the direction of a failed state whose institutions cannot function. The signs of Kenya becoming a failed state are here for the world to see. While government officials remain in a state of denial, the Judiciary, the AG’s office, the police force, the cabinet, Parliament and indeed all institutions of governance have failed to deliver on the mandate for which they were established, and especially after the National Accord of February 28th 2008.

The State seems to have been captured totally by criminal and corrupt elements in politics and business, which look determined to render democracy irrelevant, suspend the constitution and do away with the rule of Law.

Fundamental principles such as the right to a fair trial have been done away with at least for poor unemployed Kenyans and government critics such as civil society and Human rights activists. The taking root of the culture of using the gun to execute Kenyans and calling them Mungiki is shocking and speaks of a state headed for failure. Kenyans no longer have trust in any state institutions even the Presidency. They fear these institutions have been captured by criminal and corrupt interests and subsequently turned against the citizens. This cannot be allowed to continue!

It is concern about the entrenched degree of impunity and decay that moved the Kenya national Commission on Human Rights (KNCHR) to issue its seminal Report – “The Cry of blood”: report on Extra-judicial Killings and Disappearances last September; The Oscar Foundation released their report The Killing fields: who is Guilty? RPP trust released their report Spinning the wheel against Impunity in Kenya. And these reports and particularly the KNCHR formed the basis of the United Nations Human rights Commission’s request to send the UN special Rapporteur on Extra-Judicial Killings Prof. Philip Alston to Nairobi.

In the light of the Prof. Alston report on Extra-Judicial killings of suspects and the subsequent assassination of our members Oscar King’ara and John Paul Oulu; the civil society in Kenya hereby communicates the following;

1. The Kenya Civil society supports the expansion of the investigating team into the murders of Oscar King’ara and Oulu GPO. We welcome the assistance offered by the United States Ambassador in Nairobi for two FBI agents to join the team of investigators.

As the investigations get under way, we hereby demand that Commissioner Ali, Mr. Kiraithe and Dr. Mutua resign immediately to allow for a fair and credible investigation to be conducted. These three had an interest in eliminating Oscar and GPO and therefore credible investigations can never be conducted with them in office.

2. We strongly believe that the police killed our two colleagues for their gallant role in fighting impunity and particularly in working with Prof. Alston to expose the thousands of cases of extra-judicial killings. We therefore remain firm in our demand on President Kibaki and Prime Minister Raila Odinga to implement the Prof. Alston report on extrajudicial killings in full.

For the record, the Civil society in Kenya has consistently, over the last three years, called for the sacking of Mr. Amos Wako as the AG and Brigadier General Ali as the Commissioner of Police. These two Officers have come to institutionalize impunity as the official culture of administering the Law. The Prof. Alston report only confirmed our researches, investigations and findings over the last three years regarding these officers. For impunity to be uprooted, the two Principals to the National Accord must urgently sack these two officers. The full implementation of the Prof. Alston report is no longer a matter to be left to politicians and those found culpable in the fight against impunity to decide upon. The recommendations in the report are recommendations that are intended to safeguard our state from becoming a failed state and therefore politicians can no longer play games thinking that Kenya belongs to them alone. To allow Major General Ali and Mr. Wako to continue to smack at the public is a betrayal of Kenyans by the two principals of the National accord, and will lead Kenyans to conclude, if they haven’t already done so, that the National Accord and its promise of fundamental rights was a hoax. Mr. Kofi Annan who is in Kenya today, should take serious note of the danger we are in because of this impunity.

3. The Civil society in Kenya reiterates the fact that Kenya is a signatory to the Universal Declaration on Human Rights and the various instruments and treaties. Our country therefore operates on the basis of known universal standards. As a democracy, we condemn strongly the dangerous politicization of the police force and the operation of the security policy. We warn government that it cannot be allowed to take the Hitler route of suspending the rule of law in order to “fix the Mungiki problem”. We observe that the government and the police are keen to give activists and groups they do not like a bad name so that the public can support the policy of extra judicial killings. Unfortunately elements in the media are accomplices in this defamation.

Note that the civil society has not called for suspects like Yagnesh Devani, Anglo leasing and Goldenberg suspects and other economic saboteurs to be hanged on Uhuru highway for destroying our economy and civilization. We have neither called for the execution of Hon. John Michuki for authorizing the raid on a media house and the destruction of its property worth millions of shillings! We have not called for the execution of those who financed the post election violence and those who rigged the elections to be executed. These are the real criminals who have destroyed the nation and rendered nearly 14 million youths jobless and destitute. But we have never called for their summary executions but for the strict observance of the principle of a fair trial and due process. These suspects are seated in cabinet ordering the killing of suspects.

4. We therefore call upon the two Principals to the National Accord to implement in full and urgently the Waki and Kriegler reports. These two reports have tremendous and far-reaching recommendations that are intended to save the nation from collapse; deliver justice and facilitate national reconciliation and reconstruction.

5. We further wish to inform H.E. Dr. Kofi Annan that the Grand Coalition has failed to implement the National Accord. We are concerned that the Grand Coalition government has returned to “the business as usual” mindset. These two Parties are going about business as if they are running an elected government. This Grand Coalition government (GCG) was formed for a limited mandate of implementing the National Accord. Period. If the GCG fails as it has failed to implement the National Accord within the stipulated time lines. That is why Kenyans must continue to be vigilant to push for the implementation of the National Accord to the book. Fir this we require not only a guarantee of the necessary of freedoms but also a guarantee of our security.

We have observed and are very concerned as the civil society in Kenya that the two Principals no longer treat the National Accord with the seriousness it deserves. The Civil society in Kenya shall never be distracted from the full implementation of the National Accord. Assassinations, threats, propaganda and impunity in and by the state will not divert our attention nor weaken our commitment to advocating the full implementation of the National Accord to save the nation from impunity, poverty, death, failed leadership and criminal plunder of the state. These are bitter fruits we cannot wish for ourselves as Kenyans.

6. The Civil society in Kenya is in support of the peaceful students’ processions on Tuesday country wide to condemn the killings of their fellow colleagues by the police and to demand for justice and accountability from the various government officials who are culpable for the assassinations of GPO and Oscar King’ara.

We are concerned that criminal elements acted outside the students’ procession in Nairobi to steal food and drinks from private premises. These individuals- non students who we are told were hired by certain politicians to taint the intentions of the students- should be apprehended and punished.

But we are more concerned by the attempt by sections of the media, lately working as the propaganda arm of the police force, which have tried to spin the peaceful procession against its noble intentions. We hold the view that the media prominence given to the sideshow of the peaceful procession is aimed at criminalizing the rights and freedoms of Kenyans to assemble, associate and express their grievances against the government.

For several months, sections of the media have been the mouthpiece of the police in the extra-judicial killings and criminalization of the rights of Kenyans to liberty as enshrined in our constitution.

- A day before Oscar and GPO were gunned down, a certain media house posed an SMPS opinion poll Question: “Should the police be allowed to shoot to kill Mungiki suspects?” This was asking the public to approve of crime and an incitement to the police to take lives without regard to due process. How sad that a media could do such a thing-where are their ethics?

- After the Prime Minister endorsed the right of the students to have their processions, a media house posed: “was the prime minister right in supporting the students’ demonstrations?”

- After the peaceful student procession, student leaders apologized for the hooligans who violated private premises; a media house posed: “should the apology by students be accepted?”

We urge the media to serve the interests of the people Kenya and not the government and the police. These are institutions whose officials are duty bearers and who hold office in trust for the people. The media must never be part of a propaganda plan for the government and the police to declare war on the citizens. That will be irresponsible and tragic beyond injury. The media has done very well with exposing corruption and promoting accountability. It is therefore unfortunate that sections of the media want to turn the heat on the students and civil society for demanding accountability and the end to impunity.

We know that the Government is broke even though the Permanent Secretary of finance callously said two days ago ”Government can never get broke, it’s people like you and me who can get broke”. We urge the media as partners with civil society to continue asking the right questions like;

- Where is the money for free primary education that Kenyan taxpayers provided in the budget?

- Where is the money we funded Government to buy food?

- Why is the National Cereals and Produce Board slowing down the delivery of USD 100 worth of food by trying to earn a middleman’s profit at the expense of starving Kenyans?

- How many Kenyans face starvation?

- Where is Yagnesh Devani and the Kshs. 7.6 bn that he defrauded the economy? – Is this not economic sabotage? What is the President of the republic doing about this economic sabotage?

The civil society shall continue to partner with the media to secure media freedom because we know that that freedom is not in the interest of the media owners but in the interests of the people of Kenya. The media should also deliberately and jealously secure the constitutional rights of Kenyans to freedoms of expression, association, assembly and the right to petition the government of Kenya about all grievances.

Kenyans cannot exercise these hard won freedoms at the convenience of the police. No! These rights are inalienable and God-given. The Police department is not given powers to license rallies and processions but the duty to receive notifications about intended rallies, processions, and demonstrations for the force to provide security.

We can see clearly that politicians to ensure that citizens do not assemble, petition and process are using the Police to subvert the constitution. The police force wants to close the democratic space and the civil society in Kenya calls upon Kenyans to see through the agenda of the police and assert the sanctity of the freedoms of all citizens as stipulated in the constitution. We cannot stop holding processions and rallies because “hooligans may infiltrate”. It is the work of the police to arrest those hooligans who act against the law.

If not so, then the police should take over the powers of Parliament and start to make laws that exempt the force from doing their work.

7. Finally, the Civil Society in Kenya, as a fraternity sends condolences to the families of our late brothers Oscar King’ara and GPO Oulu. We wish to assure you that the murder of your sons, and beloved husband (for Nancy Wangechi), beloved Father (for Natalie and Neima) shall not be in vain. We shall continue with the work they had set out to do until Kenya is truly free, democratic, just and prosperous- until the dignity and Human Rights of every single Kenyan are protected and upheld. Bullets and prisons, batons and police boots will never stop the people’s march forward to freedom.
Aluta Continua!!


Watch the Press Conference here.

Click here for more on Extra Judicial Executions in Kenya

Grand Failure : Kenyans Want to Vote Again. an Open Letter to H.e Kofi Annan, Chairman, Panel of Eminent African Persons, Kenya National Dialogue & Reconciliation Secretariat, from the Partnership for Change

Partnership for Change issue 002 page 1

Partnership for Change issue 002 page 2

Down Load Full Publication Here
Partnership for Change issue 002 Page 1 : Letter to H.E Kofi Annan Grand Failure, Kenyans want to Vote Again Pg 1
Partnership for Change issue 002 Page 2 : Letter to H.E Kofi Annan Grand Failure, Kenyans want to Vote Again Pg 2
Partnership for Change issue 002 Page 3 : Message from our Religious Leaders
Partnership for Change issue 002 Page 4 : The Agenda of The Partnership For Change
Partnership for Change issue 002 Page 5 : Caveat Emptor :- We will not pay for bogus debt
Partnership for Change issue 002 Page 6 & 7 : Corruption in the Grand Coalition
Partnership for Change issue 002 Page 8 : The looting of Kenya, the story of Goldenberg part 1
Partnership for Change issue 002 Page 9 : The looting of Kenya, the story of Goldenberg part 2
Partnership for Change issue 002 Page 10 : Police Commissioner must respect the fundamental Rights of all Kenyans
Partnership for Change issue 002 Page 11 : The Budget Of the National Assembly- Parliament costs for 2008/9
Partnership for Change issue 002 Page 12 : Time For Kenyans to take Charge

Fundamental Human Rights of All Kenyans Must Be Respected by the Kenyan Police Commissioner

All were released last evening on a free bond. However they are now to report back to the Muthaiga Police Station on Tuesday and may face charges of being members of Mungiki. We believe this is a bogus frame-up of a case. Shame…

The Partnership for Change is alarmed by the number of arrests being made by the Kenya Police Force of peaceful Kenyans going about their daily business, and when they are exercising their fundamental human rights to petition Government and to demand for the full implementation of the National Accord. Even today, George Nyongesa of Bunge La Mwananchi reports that Gacheke Gachihi – a Bunge la Mwananchi network leader in Huruma – along with 20 other people, was arrested in a tea kiosk in Kiamaiko while having Sunday breakfast. Even the owner of the kiosk, Joel Kimani, was arrested. The police are now holding all of them at Muthaiga Police Station and are to be charged tomorrow at Makadara Criminal Courts with membership of an unlawful movement, the Mkenya Solidarity Movement. This is a bogus charge because first of all the Mkenya Solidarity Movement is a registered political party headed by former MP G.G. Kariuki; and second none of the people arrested are members of it. They were having tea in a kiosk which was raided by the Police. Apparently, they could have bought their freedom, but being poor people did not have the thirty thousand shillings they were each asked for.

These arrests indicate how badly derelict the Government is in implementing Agenda One of the National Accord, which required the Government to take immediate steps to restore civil and political liberties including the freedom of expression and assembly. The Minister for Justice, Martha Karua, herself said at the Kenya We Want Conference that the backlog of cases in the Judiciary is over 870,000 cases. Is it right that the Government should continue arresting peaceful Kenyans who are calling out for Justice? Is it right that the Police are carrying out swoop arrests possibly for extortionate purposes?

The arrests also remind all that there is still an unrepentant dictatorial Police Force operating in Kenya, quite out of step with the letter, intent and spirit of Agenda One of the National Accord. At its head is Major General Hussein Ali, who as the very first witness to testify before the Waki Commission of Inquiry into the Post Election Violence said “I would do exactly what I did. I would not change a thing my Lords, and that is the honest truth” when asked by Justice Waki for his honest opinion on the Police Force’s actions and whether he had reflected on any possible acts or omissions by the Kenya Police during the 2-month period that violence raged across Kenya.

Clearly Major General Ali has no apologies to make to the victims of Police bloodlust or to the Kenyan public for the use of deadly force against civilians in such circumstances as to suggest crimes against humanity. His unrepentant hard-line attitude and complete lack of empathy for the victims of his force’s excesses raises questions as to his suitability for the position he holds. And yet, he is still in office one year after the Post Election Violence, a major stumbling block and obstacle to the implementation of the Waki Commission’s Report for reform of the Police Force. His tenure threatens the enjoyment of civil liberties in Kenya, and Kenyans lack confidence in his ability to ensure that the Police Force facilitates rather than inhibits civil liberties.

Over the past one year since the signing of the National Accord the Kenyan press has carried over 1,000 articles on police brutality. The Oscar Foundation has documented 68 enforced disappearances after police arrests in 2009, and 122 extra judicial killings since January 1st 2009. Cumulatively, since 2007, the Oscar Foundation has recorded 6,452 enforced disappearances, and 1,721 extra judicial killings by police officers in its reports derived from monitoring police activity, and a para-legal programme in major urban areas around Kenya. The state Kenya National Commission on Human Rights, the Independent Medico Legal Unit, and the Release Political Prisoners pressure group carry similar reports. These issues are the subject of questions in Kenya’s National Assembly, and recent enquiry by the United Nations Special Rapporteur on Extra Judicial Killings. Despite all the evidence, police reform and personnel change has not started one year after the National Accord and 4 months after the publication of the Waki Commission of Inquiry on Post Election Violence Report. Less than 10 Police Officers have been brought to account for the crimes described in this paragraph.

Internal Security Failure
Justice Waki’s Commission charged the Police Force with “failure” in concert with its other internal security counterparts, the Provincial Administration, the Administration Police, and the National Security Intelligence Service. Their collective failure to act on intelligence reports contributed to the violence. Justice Waki also condemns “indifferent” state agencies such as the NSIS, which possessed knowledge that apparently was not properly shared. Finally, the CIPEV concludes that the effectiveness of the Kenya Police and the Administration Police was hampered by inter alia “political expediency” impacting their work.

The report, which, President Kibaki made public, recommends changes to the inter-agency coordination and joint operation structures of the Kenyan internal security apparatus. Among these are the merging of the Kenya Police and the Administration Police and the establishment of an Independent Police Authority.

Free-for-All Situation
The post election violence was not merely citizen to citizen attacks – it also consisted of systematic attacks against Kenyans based on their ethnicity and political persuasion. The ability of the state internal security apparatus to protect Kenyans from violence is harshly questioned, and the CIPEV took note of the fact that in some cases attackers traveled long distances, unhindered, to attack their victims. The “free-for-all” was made possible by the collapse of state security, which saw the police overwhelmed. This conclusion by Justice Waki must surely put the Police Commissioner, Major-General Hussein Ali, on the spot. The CIPEV report also accused some state agents of being “guilty of acts of violence and in our finding in broad violation of the human rights of citizens” and states that such were the results of a trend towards institutionalizing violence against the public. It also stated that 1,133 Kenyans were killed and 405 of this number were killed by gunshots during the 2-month period.

The Waki report is clear as regards the conduct of state security agencies, they failed institutionally to anticipate, prepare for, and contain the violence. Often individual members of the state security agencies were also guilty of acts of violence and gross violations of the human rights of citizens, including rape and murder.

Kenyan Politicians and Business Leaders fingered in Militia Killings – Waki recommended a Special Tribunal for Crimes Against Humanity Committed in Kenya
Justice Waki’s Commission identifies Kenya’s constitutional framework as a causative factor in the 2007/8 violence – repeatedly raising the stakes in election after election with ethnic coalitions confronting each other. The Commission specifically identified the concentration of power around the Presidency as a contributing factor to the Violence of 2007/8; and the flashpoint for what became an ethno-geographical power struggle between the Party of National Unity and the Orange Democratic Movement Party after the contentious announcement by the Electoral Commission of Kenya of Kibaki’s reelection.

In previous episodes of political violence (since the 1990s) militias have been active. Since the last episode of violence in 2002, many such militias appear to not have been demobilized. In 2007 and early 2008, the militias were reactivated by “politicians and business leaders” who tried to use violence to win the power struggle that followed the 2007 election announcement.

According to Justice Waki, CIPEV obtained evidence identifying prominent sponsors and perpetrators of violence (“in politics, in government, in business and elsewhere”) and devised a means to anticipate and deal with the problem of political impunity in Kenya, and the need to secure real witness protection for informants. The Commission has recommended the creation of a special tribunal with a mandate to try persons for crimes against humanity committed during the post election period.

To safeguard against political vested interests in Kenya, the CIPEV has recommended that the Tribunal should have international members, as well as international prosecution and investigation staff. It expects that the proposed “Special Tribunal for Kenya” will be set up in Kenya as a court and will try those with the greatest responsibility for crimes against humanity. Kenyans want to see the Special Tribunal start its work to root out the killers in our midst, and to end their impunity.

Non-Prosecution amounts to a continuing violation of the Human Rights of Citizens
The Kenyan Commission on Post Election Violence (CIPEV) completed its investigation into politically motivated violence 4 months ago with a stinging indictment of institutional failure and complicity of Kenya’s internal security apparatus in gross human rights violations and crimes against humanity. The events it was investigating took place more than one year ago, and yet there have been no indictments of any of the main actors behind the post election violence. Justice for victims has taken a back seat.

The Commission’s report, delivered to the President of Kenya, charges that Kenyan security agencies “failed institutionally” to contain and prevent the violence. Justice Philip Waki, of the Kenya Court of Appeal, who chaired the Commission also presented the final report to the Kofi Annan led Panel of Eminent African Persons.

The names of the persons bearing the greatest responsibility for financing organizing or perpetrating the violence were placed in a sealed envelope which is in the possession of Kofi Annan pending establishment of the Special Tribunal for Kenya which is expected to try those named. However, Parliament appears to have failed in its first attempt to establish the Special Tribunal in Kenya, and Dr. Annan now has to exercise his judgement and discretion as to how to proceed with ensuring that the Waki List Suspects are brought before justice as soon as possible. The Panel of Eminent African Personalities may decide to send the names of those bearing the greatest responsibility for crimes against humanity to the International Criminal Court Prosecutor for investigation now that Parliament has rejected the Constitutional Amendment Bill that was to establish the Special Tribunal.

Grand Coalition Government Unwilling to keep its National Accord promise
Processions over the lack of food are not illegal as the people who are demonstrating speak on behalf of the many Kenyans that are going hungry today. It is ridiculous to see the kind of treatment the government is meting out on the defenders of fundamental human rights such as the right to food and other very basic commodities essential to protect the poor and hungry from starvation caused by an irresponsible Government and Corrupt members of Parliament.

This government through its Law enforcement Officers has demonstrated that it is unable to handle the governance issues that it is responsible for creating and that it should step aside and pave the way for fresh elections to be held in order to offer alternative leadership for this country.

Policemen and Policewomen are our brothers and sisters
By and large the Partnership for Change recognizes that most Police Officers are good, decent and honest Kenyans who have a sense of public mission. Although we do not condone corruption Kenyans know the poor pay and living conditions most Police Officers endure as they do what can be dangerous work, exposes them to the temptation to engage in survival corruption – a temptation many succumb to. If the Government were to use public funds properly, it would be possible to address the livelihoods of Police Officers. However, the real problem in the Police Force is at the top. Just like every other public institution in Kenya, the Police Force is in need of an immediate overhaul. Kenyans will have no confidence in the promises made under the National Accord if the people responsible for, or at the helm of, the force that gunned down and disappeared so many innocent Kenyans remain in office.

The citizen of Kenya must say NO to dictatorial impunity in favour of democracy accountability. The Rule of Law must prevail in Kenya.