Answer from the School to EACC:
Answer from the School to EACC:
The Presidency and Regime under Uhuru Kenyatta and Deputy President William Ruto, must have some grand issues with Mombasa and Coast Region as they every week for the last month has attacked with all sorts of tricks against the Orange Democratic Movement (ODM) Deputy and Governor Hassan Ali Joho. That the Jubilee Alliance Party (JAP) and their cooperative measures to marginalize the opposition figure isn’t really working.
They have detained the man for wanting to see the first relaunch of the ferries as the Jubilee held rallies in his back yard as far back as the 13th March 2017. They have since then blamed his government for lacking accountability and transparency, like the Central Government haven’t had enough issues with corruption scandals.
So President Kenyatta should be cautious attacking fellow peers in midst of re-election rallies, but it isn’t like he cares. Since he feels like he is Teflon and cannot be touch. When they attack his educational background, as they have attacked him before his accountability as a Governor. Therefore, all we see is steady attacks on the character of Joho.
Also said he was meddling with drug-dealers and importers, as they we’re having drug cartels, like the sugar cartels supporting Jubilee and Kenyatta. But hey, not that anyone really looks into the donor funding to the Jubilee from the Sugar and Coffee Cartels to the Kenyatta government. Still, all problems of crime in Mombasa County is Joho’s fault. As the corruption of the Ports is Joho’s fault, not that this has been issue since the independence. That even Jomo Kenyatta was working against the corruption on the Ports of Mombasa, even President Daniel Arap Moi we’re complaining when needed about the graft at Mombasa.
So after decades upon end with independence and second generation Kenyatta, the problems are still there. If they seriously wanted it to change, than John Githongo would still have a job and not been kicked-out the door by former President Mwai Kibaki! But that is a story the ruling regime doesn’t want to eat, still they easily eats of state coffers and thinks side-stories of undressing leaders of opposition makes the world and Kenyan citizens forget that.
I am sure Cabinet Secretary for Interior Joseph Nkaissery is trying to find the next charge he can put on the ODM Governor, as he has tried to revoke his guns and take away his security guards. So, there aren’t that many tricks left in the basket of peddling nonsense into the public sphere. They have used all sorts of demagoguery and misused their place as key leadership. Instead of being noble and show character, they have gone straight for the heart and attacked the character instead of the polices.
So the Jubilee has misused their opportunity to gain and show that they are better than Governor Joho, they have lost on public display, they have used the Kenya Revenue Authority (KRA) looking into his tax-record, Kenya National Examination Council (KNEC) looking into his educational history and also the added accountability, where the leadership of Jubilee claimed his county got 40bn shillings instead of the 16 billions shillings Joho claims the Mombasa County received from the Central Government.
The Jubilee under Kenyatta and Ruto have used all tools and tried to destroy the legitimacy of the leadership of Joho. Just like they fear him more than Raila Odinga, Stephen Kalonzo Musyoka or Musalia Mudavadi. Since they are all walking around like kings, while all of business of Joho is on the front pages.
That the state and their top leadership continues to pound on Joho, shows how little character themselves have, that they have to go after a governor when themselves going into National Elections. That they are going after a local politician, when they should go against the faces who could be Presidential Candidates. Since they are not touching the NASA/CORD leadership, instead they pick Joho as prey, but instead of clearing the flesh of the bones. They are instead creating their own wounds. Peace.
“We firmly stood by our rights & questioned the illegal and frivolous charges under which were placed under arrest” – Hassan Ali Joho (13.01.2017)
Again and again the Kenyan Authorities goes against the Orange Democratic Movement own Coast or Mombasa Governor Hassan Ali Joho. Like he is the terminator or the villain out of one of the superheroes films that he is going to shot wild and go on a rampage against civilians because he owns a few guns that he has licensed. That isn’t weird as the Police are following him and detaining him when they have the ability.
The Police chief of the Coast are a remarkable man, one of kind who has to follow order, smile and grin to media, still looking mad and angry because the citizens shouldn’t go for a ODM candidate or stand by their elected ODM Governor. That is what the Police Commander Nelson Marwa is saying, but not in words, in actions!
Others arrested with him and was listed by the Police because they have licensed firearms, we’re the Mombasa Senator Hassan Sarai, because why not right? Got to silence the Opposition, especially knowing that the election season is around the corner.
On that day as he was arrested and others Deputy Vice-President William Ruto at a Jubilee Rally sneezed this out: “Today we face a rudderless, clueless, disorganized and leaderless opposition”. Well, if you we’re arbitiary charged and taken to the Police Office at any sort of junction your organization skills and campaigning would lag behind honourable Ruto, right?
So the arbitrary arrest of Joho is evident that the Jubilee government doesn’t plan to have a fair race in the coming months. They plan to suffocate and give no breathing space for the opposition as their own misgivings and scandals are brining lots of eating receipts from government funds, as much as the giant promises of previous elections has by all means to get shuffled. Like the promises of fancy stadiums in bigger towns and other investments in infrastructure that hasn’t been brought to court.
So the Joho and the ODM, the other opposition might get under fire from the authorities, they get challenged as they cannot get time to focus or keep their parties in check. If they did they could have the time to undress the kings and queens in the Jubilee party that thinks this is sure WIN and without any questions they should have a second term.
There were only Sarai who parts of the group that the ruthless Police Commander detained at his Police Station today. Another lucky one was MCA Ali Azhar. So the Police had decided to be hampering with freedoms of their elected citizens. Since they could so and show the world that Jubilee can make anybody criminals. That is what this shows. They have no integrity to do it or any sustainable evidence of any criminal intent of the elected officials. Still, they all ended with spending the day in the Police Station.
IGP Boinnet will claim he wasn’t taken to the Police Station or even arrested, but did it seem like he was there for a cup of tea and biscuits, are you serious with the trying to deceive your citizens Mr Officer? That Hassan Ali Joho we’re all free, if he was so free? Why wasn’t the politicians who showed up at the Police Station leaving the premises and not themselves stuck there trying to get him out of the Police Custody?
Did you IGP Boinnet see what I did there? I questioned your motives and the reason why other people in the same position of Joho happen to be arrested in an arbitrary arrest at the station today. So I wonder what their reasoning will be, not like the pictures of his release and his time in the Police Station will be forgotten quickly.
The Jubilee has not played smart detaining a political leader on the same they are claiming the opposition are rudderless, as much the election is coming up the government and ruling regime better act more mature. This is petty crap that isn’t honouring the democratic values and neither the openness of the Kenyan political landscape. That they are closing the doors and making it hard for the opposition before the election will only give leverage to the Opposition. That is unwise of Jubilee, but they have worked for months and for years pending things on Joho. So they will continue to pound him for his popularity in the Mombasa County.
Certainly the arbitrary arrest of the Governor Hassan Ali Joho of Mombasa today is a supposed to frighten and show power of the current leadership. Instead it shows their weakness, since they don’t believe in their own policies and leaders to challenge him in fair fight. They have to criminalize a political opponent. Cheers and hurray for Jubilee! Peace.
“But even as Odinga defended himself, deputy president William Ruto led Jubilee leaders in challenging the cord leader to be more open on whether he had personally benefited from corruption schemes in the country. The leaders especially want Odinga to explain whether or not, he abetted Mumias sugar company financial woes” (Kenya Citizen TV, 2016)
At the height of the violence that gripped Kenya after the disputed 2007 elections, the Party of the National Unity and the Orange Democratic Movement, who were parties to the conflict, wrote to the International Criminal Court (ICC) seeking its intervention to stop what they called genocide. A local investigatory commission with international participation found that some actions during the post-election violence likely met the threshold of crimes against humanity and recommended the establishment of a Special Tribunal for Kenya, or in the alternative, the handover of the sealed evidence to the Prosecutor at the ICC.
Efforts to establish the Tribunal were defeated by political forces aligned to suspected perpetrators, hence triggering the handover of evidence to the ICC and the subsequent investigation. Six Kenyans were named in connection with seven crimes against humanity charges; the ICC Pre-Trial Chamber II confirmed charges against four suspects. Two suspects – Uhuru Kenyatta and William Ruto were subsequently elected President and Deputy President, respectively, before their trials could begin at the ICC. Thereafter, the Prosecutor withdrew charges against two suspects – Francis Muthaura and Kenyatta – citing witness bribery and intimidation, as well as failure by the Kenya government to cooperate with the court. The remaining case against Ruto and journalist Joshua arap Sang was terminated citing “intolerable levels of witness interference and political meddling”.
Kenyans for Peace with Truth and Justice (KPTJ) has followed closely the developments around accountability for the crimes committed during the 2007 post-election violence. Since the opening of the investigations in March 2010, we have observed certain shortcomings and challenges on the part of the Government of Kenya, the ICC, the Assembly of States Parties (ASP) and the African Union (AU). This brief seeks to focus on key issues emerging from the situation that the ICC and international justice finds itself in today, while drawing linkages from how the Kenya cases and other ICC cases were managed. KPTJ also makes recommendations on actions that require to be undertaken by the ASP, the ICC and African governments in order to address the emergent challenges.
A Contradiction in the Mandate of the AU Open Ended Committee
Peace, Security and Stability
A look at State Cooperation
Taking stock of the experience in the Kenya cases
UN Reform vs ICC Reform
This brief was prepared by Kenyans for Peace with Truth and Justice (KPTJ), a coalition of Kenyan citizens and over 30 organisations working in the human rights, governance and legal fields that came together during the crisis over the disputed results of the 2007 presidential election to seek truth and accountability for the elections and the widespread violence that followed; and who continue to work closely with the victims of that period. It is a brief update on the situation in Kenya as pertains to pursuing accountability for the crimes against humanity committed during the 2007-2008 Post-Election Violence as well as its adherence to its obligations under the Rome Statute.
 Assembly/AU/Dec.616 (XXVII)
 Press Release: “UN/African Union: Reject ICC withdrawal”. Available here: http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/552-un-african-union-reject-icc-withdrawal.html
 Article: “Which African states slammed Burundi, South Africa and Gambia’s withdrawal from ICC?” Available here: http://www.ibtimes.co.uk/which-african-states-slammed-burundi-south-africa-gambias-withdrawal-icc-1589711
The demonstrators were protesting against alleged government corruption when police used teargas and batons to disperse them.
GENEVA, Switzerland, November 10, 2016 -A group of UN human rights experts* has condemned a violent clampdown on a peaceful protest in the Kenyan capital, Nairobi, while urging the authorities to investigate claims of excessive use of force and arbitrary arrest – both against demonstrators and journalists – and to hold all perpetrators accountable.
The demonstrators were protesting against alleged government corruption when police used teargas and batons to disperse them. A number of people are reported to have been injured or detained during the incident on 3 November.
“Interference with the right to freedom of peaceful assembly is inexcusable at any time, but it is especially repugnant when demonstrators are calling for government accountability,” the experts said. “Protesters may sometimes raise uncomfortable truths, but holding people in power to account is a central function of peaceful assemblies in a democracy.”
The experts also expressed alarm at the timing of the crackdown, less than a year before Kenyans elect a new president in August 2017. They said creating an environment where opinions could be expressed peacefully was key to avoiding a repeat of the wave of violence which followed the disputed presidential poll in 2007.
“Beating protesters does not make their grudges go away. Rather, it intensifies them, because it sends the message that the government does not care,” they stressed. “This approach does not foster a culture of dialogue; it fosters a culture of violence, which is exactly the opposite of what Kenya needs right now.”
The UN independent experts also expressed grave concern over reports that police had attacked journalists covering the protest, in some cases damaging their equipment.
“International law protects the right of everyone – including journalists and human rights defenders– to observe, monitor and report on such events,” the experts said. “It also imposes a duty on States to protect the rights of monitors to do their jobs, even if the gatherings turn violent. Attacking journalists who perform this important public duty is simply unfathomable.”
The UN Special Rapporteurs called on the Kenyan authorities to respect the demonstrators’ fundamental rights at future protests, and noted that they would be watching developments closely.
(*) The experts: Mr Maina Kiai, Special Rapporteur on freedom of peaceful assembly and of association, Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and Mr. Michel Forst, Special Rapporteur on the situation of human rights defenders.