An activist's story for African Liberation Day – Not Yet Uhuru!

Today marks African Liberation Day founded in 1958 when Ghana’s Kwame Nkrumah convened the First Conference of Independent States. The day symbolizes the determination of the people of Africa to free themselves from the shackles of domination and exploitation; first from colonial powers and today from dictatorial regimes.

However African social justice activists still face intimidation and outright violations of their basic human rights. The story below written by George Nyongesa of Kenya’s Bunge La Mwananchi is just one of the many examples that respect for human rights is still elusive to Kenyans.

It is also tragic to note that even though African Liberation Day was founded over half a century ago, unfortunately it is as the late Jaramogi Oginga Odinga titled his seminal autobiography: (it is) Not Yet Uhuru. Today also marks the first anniversary of the death of Tajudeen Abdul-Raheem, one of Africa’s champions in the struggle for human rights, justice and democracy. To pay tribute to the lives of the late Tajudeen and other social justice crusaders who have transitioned, surely African leaders should today hear the call of the citizens who are demanding social accountability. Not in 1958, not tomorow, but Today. We demand Uhuru Today …

YIPE

Mr. Shitati a Bunge la Mwananchi member arrested distributing copies of Katiba!

Dear Kenyans and friends of Kenya,

I would like to bring to your attention the arrest of Mr.Nathan Shitati, a member of Bunge la Mwananchi, by 4 CID officers. At the time of arrest Mr. Shitati was distributing copies of the proposed constitution and talking to a group of people on the streets of Nairobi around Prudential Building next to City Hall. The copies of Katiba that he was distributing had been picked from Uraia.

Mr. Shitati, aged between 60-65 years, was picked out of a group of close to 100 people and was driven away in a motor vehicle bearing number plate KAJ 945U to what we later learnt was Central Police Station.

I was informed by those present during the arrest, that the arrest took place at around 1.30pm ( Monday 24th). While arresting Mr. Shitati, the arresting officers remarked that he was to be a lesson to the rest and ordered the rest of the group to disperse or they would be arrested too.

When I visited Central Police Station to inquire about the charges against Mr. Shitati, I was taken on a run-around between DCIO (not sure of his name); Mr. Francis Muguai, the Officer Commanding Police Department, (OCPD); and Officer Commanding Police Station (OCS), (not sure of his name too).

In my meeting with the DCIO in his office, he could not say anything more than: “the matter is with the OCPD” and “why cant you people keep quiet?” Realising the futility of dealing with the DCIO, I and others who had accompanied me to follow up the matter, went to the OCPD’s office, where we knocked, entered and greeted him but he did not respond. I went ahead to tell him what had brought us to his office. He kept quiet for almost 10 minutes just watching TV. When I insisted to know what offense Mr. Shitati is alleged to have committed, he jumped from his sit almost hitting me with his baton and shouted: “did he have permit to hold a meeting”. He then ordered me plus the people I was with out of his office.

At around 7pm an unidentified police officer in uniform came to me and told me that Mr. Shitati was going to be taken tomorrow morning to City Court for charges of CREATING PUBLIC NUISANCE. On learning this, I decided to go back to the OCS, who just waved us out of his office saying we should just wait for Mr. Shitati to be presented in court because that matter was above him. I tried to persuade the OCS to release Mr. Shitati on bond on grounds that he was being charged with a petty offense and he is an old man and sickly. But the OCS just remarked that “that there is something called occupational hazard”. The police could not let me confirm from the Occurrence Book (OB) if the charge of public nuisance is what is recorded there.

It is very sad that Mr. Nathan is spending a night in a cold, filthy, police cell for exercising his constitutional rights of assembly, association and expression. It would be interesting to see what is defined by police officers as a public nuisance. If it turns out to be true that Mr. Shitati shall be charged at the City Court then it is worrisome that nowadays CID officers can arrest and charge people under City By Laws which is traditionally the docket of City Council Askaris.

The kind of (mis) treatment that we received at Central Police Station is unacceptable and smirks of something else more than the alleged offense that Mr. Shitati is being charged with.

While I am shy of drawing conjectures it is important that I inform you that Mr. Shitati is a well known grassroots leader and a YES activist. Mr. Shitati is not new to the streets. He is part of the large group of citizens that meet during lunch hour and after work on the streets around Prudential House to discuss public interest topics and it is surprising that he was arrested for distributing copies of the proposed constitution.

We invite you to stay vigilant with us and if you can, join us in court, possibly at the City Court or High Court tomorrow Tuesday 25th May, 2010 at 8.00am. We still have not firmed up on legal representation and will also possibly require to raise cash bail to secure Mr Nathan Shitati’s release from custody tomorrow. Therefore, if there is anyone or oganisation out there who can help us in this matter please get in touch at the below contacts.

Yours in organizing for change,

George Nyongesa

Bunge la Mwananchi

info@bungelamwananchi.org

www.bungelamwananchi.org

Kiplagat Owes it to Kenyans to Resign

By Cyprian Nyamwamu And Ndung'u Wainaina 

Is it that Kenyans cannot see the dangerous game being played against them by very crafty politicians and state machinery?

The debate on the appointment of TJRC chairman Bethwel Kiplagat is not about personalities. It is about a new Kenya under new: value system, public ethics, political culture and accountability in management of public affairs by public office holders. TJRC is about confronting the past socio-political and moral bankruptcy of the society in order to break away from that past. We cannot do it under pretence or convenience.

This is about taking head on the systemic crisis of impunity that have and continue destroying Kenya. The selection panel and MPs failed to listen to Kenyans' demand to subject TJRC commissioners selection process to public scrutiny. The reports that adversely mention Kiplagat have been public information. These reports were produced by government, commissions and task forces funded through taxpayers' money. How could it have been possible that both selection panel and Parliament overlooked these reports despite requirement of the TJR Act?

The TJR Act 2008 section 10(6) (a) (b) and(c) are very clear on who can work in the TJRC not just as the chairman but in any capacity. Kiplagat is not being accused of having served in Kanu regime. Nothing can be far from the truth. He is specifically adversely mentioned in several public funded and officially sanctioned reports. His appointment therefore contravenes the sections of the TJR Act.

Kiplagat is a public officer by virtue of his appointment. He is therefore not a private citizen. Once you hold public office, you must be open to public scrutiny and accountability. How can Kiplagat sign off a TJRC final report of which he is a subject matter?

Kiplagat is a duty bearer while Kenyans are rights and responsibilities holders. Moreover he is heading the "mother of all commissions", the TJRC. The reports of the 38 former commissions of inquiry and task forces of the past shall form the core resource materials and subject of this big commission. It is not an ordinary commission.

His office as chairman is a more demanding office than that of judge of the high court and even the Chief Justice. Why? Judges rely on legal authority of their bench to issue rulings of cases taken before them. The TJRC chair and commissioners rely on integrity, moral authority and public trust to have victims go before them and for them to use the information and material given to them, to write their report and make recommendations. 

A court of law can say that this judge is competent to preside over a matter even when one demands that a judge steps aside; but a court of law cannot rule that Kenyans should trust Kiplagat and further order that victims should appear before the Kiplagat-led TJRC! This is not a judicial process. This is not a legal process per se but a crucial moral and social reconstruction process of a society.

Already victims are in court saying Kiplagat cannot secure their truth; he will not unearth the truth; and he cannot bring down if necessary his former employers and grandmasters; and people who gave him houses and land like Moi and others. These victims are the ones we should be listening to. Kiplagat should resign. And he shall resign.

If the citizens who are his employers see that Kiplagat shall use his office to serve the powerful who seem to have put him in the seat and not the many who suffered the violations, how can this employee refuse to resign arguing that his rights he being violated? Which rights have been violated? He wants a fair trial and hearing. Who has denied him fair trial? Let him seek all trials he can get. But fortunately' this is victims and Kenyans' TJRC, not his.

When people conveniently ask why we have not named other people who perpetrated violations, we wonder why it is not clear to such people that we shall be forwarding these claims to the TJRC. Right now what we need is a competent and credible TJRC. We do not have one. There are credible assertions of Kiplagat having done things that shall be the subject of the TJRC. SO he can only be a witness of TJRC not a commissioner, let alone being the chairman.

Then there is an argument that even President Kibaki was part of the Moi tyranny. But then Kibaki is not a TJRC commissioner or chair. Kibaki will have to appear before the TJRC to tell us all Kenyans a lot about what he knows about the murder of JM, Ouko, Nyayo torture chambers, Wagalla Massacre and many other serious violations.

Those giving flimsy argument in support of Kiplagat cannot even be said to be in bed with a strange bedfellow. It is a surrender of principle. The principle of democratic and credible processes of seeking the truth and justice. This country is suffering from a crisis of impunity and we should avoid convenient arguments that may embolden impunity.

Nyamwamu heads the National Convention Executive Council while Wainaina is the executive director of the International Centre for Policy and Conflict.