Dark Hour In Kenya – Civil Society Statement On The Abuse Of Human Rights By The Government Of Kenya

CIVIL SOCIETY STATEMENT ON THE DETENTION OF CHARITY NGILU MP AND MINISTER OF HEALTH AT CID HEADQUARTERS AND THE ARREST OF 10 OF OUR COLLEAGUES ON THE 2ND OF AUGUST 2007.

We the undersigned 43 Civil Society Organisations, being the voice of the people outside the government, and being deeply concerned with the government’s repressive treatment of civil society and at present, the Hon. Charity Kaluki MP, make this joint public statement on the events since 31st July 2007 and specifically on recurring abuses of human rights and violations of the Constitution of Kenya.

The Government’s return to draconian methods and abuse of the criminal law to intimidate and suppress independent minded voices against the forces of corruption and human rights violations, presents a clear and present danger to the democratic freedom which all Kenyans are meant to enjoy under our Constitution.

The Constitution of Kenya, the supreme law of our country is being violated with impunity by state agents in the police forces under the direction of the Executive Branch, specifically the Minister for Internal Security Mr. John Michuki, the Commissioner of Police Brigadier General Ali and the Director of the CID Mr. Gatiba Karanja. These three men are turning Kenya into a police state.

These three men have instigated a series of illegal actions against civil society commencing on 31st July 2007 when they brutally dispersed a peaceful demonstration by civil society against the move by parliament to abuse its legislative power by unconstitutionally awarding each Member of Parliament a gratuity out of taxpayer funds to the amount of Kshs. 1.4 billion.

That attack was followed by the arrest of five civil society leaders and their unconstitutional and unlawful detention between 31st of July and 2nd of August 2007 which was brought to an end by Justice Mutungi's historic ruling which affirmed the supremacy of the Constitution and the illegality of the actions of the police.

Yesterday on the 2nd of August 2007, 10 more civil society leaders were arrested outside the CID HQ where they were peacefully gathered in solidarity with Mrs. Ngilu. They have been released on bail today, the 3rd of August by the Makadara Magistrates Court.

During the illegal detention of the civil society leaders, the Hon. Minister Ngilu was on 31st July 2007, an eyewitness to a brutal assault by several male police officers on Ann Njogu within the Central Police Station. Ms. Njogu was slapped, punched, kicked and dragged down very steep stairs by police officers under the orders and supervision of the Commanding Officer of the Central Police Station. Mrs. Ngilu acted to protect the Constitutional rights of Ann Njogu not to be subjected to cruel, inhuman and abusive treatment. Such treatment amounts to torture and is illegal in Kenya.

The civil society is willing to provide the CID and any other lawful authority with eyewitness evidence under oath or affidavit to prove that Ms. Njogu was being assaulted by male officers. Further, Justice Mutungi’s ruling establishes that Ms. Njogu and her colleagues were not in lawful custody and their presence at the Central Police Station did not permit the police to violate their human rights which include freedom of the person and freedom from torture.

In driving Ms. Njogu away from her assaulters, Ms. Ngilu acted to prevent further physical harm to Ms. Njogu, and further criminal offences to her person perpetrated by police officers under the command and direction of the Central Police Station OCS and the highest ranking officers in the Kenya Police including the Commissioner of Police, General Ali.

Mrs. Ngilu drove Ms. Njogu to the Aga Khan Hospital where she was admitted for her treatment for her injuries and supervised medical observation. At no time, and we are willing to supply affidavit evidence to this effect, did Ms. Ngilu and Ms. Njogu participate in an escape from lawful custody. Under no circumstances will civil society tolerate the torture of our colleagues. And under no circumstances will we submit ourselves to torture at the hands of state agents willingly.

It is our Constitutional right to avoid torture and to remove Kenyans from the hands of torturers. This is what Mrs. Ngilu did. This is what any right thinking and law abiding Minister of the Government of Kenya would, should, and in this case did do. Charity Ngilu is the victim of a plot to discredit, smear and arrest her for political reasons which are manifestly obvious.

Since the morning of 3rd August 2007, the CID Director Mr Karanja has illegally detained Mrs. Ngilu at his offices, primarily we believe, to defeat a Constitutional application that Mrs. Ngilu made before the High Court of Kenya. General Ali appeared on Kenyan television admitting that Mrs. Ngilu was not under arrest which confirms she was being unlawfully detained, otherwise she would be free to leave the CID HQ to appear in her application before the High Court of Kenya. Thank God that the High Court has put an end to the continuing abuse of her rights.

Her case and that of the civil society is proof that the police should be immediately stripped of prosecution powers because of their abuse of this privilege.

The Kibaki regime’s slide into repression and brutality stands condemned by the Kenyan Civil Society. All that Kenyans want is freedom. That is our right and that we are prepared to defend.

The illegal and indiscriminate acts of violence against innocent Kenyans by the Police particularly those who speak for the voiceless must stop. We call on the Kenyan and international community to support us in this dark hour.

 

Issued at CID HQ, Nairobi. Dated 3rd August 2007 on behalf of 43 Civil Society Organisations by Cyprian Nyamwamu, National Convention Executive Council and Mwalimu Mati, Mars Group Kenya.

Njogu & 5 others v Republic (2007) Activist Ruling.