Kenya: 2017 elections: broken promises put human rights defenders at risk (03.05.2017)

Publication of an International fact-finding report.

PARIS, France, May 3, 2017 – The abduction, torture and killing of renowned Kenyan human rights lawyer Willie Kimani in June 2016 shocked the entire world, provoking a wave of outrage at national and international level. This is only the tip of the iceberg of a widespread pattern of violence and harassment aimed at silencing dissenting voices and perpetuating impunity, the Observatory for the Protection of Human Rights Defenders (OMCT-FIDH partnership) has concluded after a recently conducted mission.

Kenya, a country that in 2010 voted a very progressive Constitution strengthening the country’s human rights framework in compliance with international standards, has in recent years chosen a different path. Unfortunately, so far the freedoms enshrined in the constitutional Bill of Rights have not been fully incorporated into domestic legislation, and, most importantly, are not upheld or implemented in practice.

“To date, the effective implementation of this progressive framework unfortunately remains a mirage and still needs substantial improvement”, declared OMCT Secretary General Gerald Staberock. “With all the right instruments put in place to bring about change, lack of implementation and political will appear to be the main reasons for such disillusionment”.

On the contrary, a report published today by the Observatory accounts for high levels of police and security forces’ violence, especially against human rights defenders involved in the fight against impunity for human rights violations. The mission report compiles several testimonies of incidents of violence, including cases of harassment, threats, torture, enforced disappearances and extrajudicial killings.

Moreover, human rights defenders are often criminalised on the basis of trumped-up charges, which aim at intimidating them through episodes of frequent arrests, detentions in police stations, long trials and punitive bail and bond terms. This inevitably prevents them from pursuing their legitimate human rights activities.

Adding to this, the lack of a clear legal framework regulating the civil society sector due to the failure to commence implementation of the Public Benefit Organisations (PBO) Act 2013 creates a legal limbo which obliges NGOs to operate in a hostile environment, characterised by the threat of arbitrary de-registration and asset freezes, continuous attacks and smearing campaigns.

“In such a context, and ahead of the upcoming general elections, it is urgent that Kenyan authorities publicly recognise the crucial role of human rights defenders as pillars of democracy and watchdogs of the rule of law. They must improve their safety, truly implement the police and security sector reforms, hold perpetrators accountable, acknowledge the misuse of criminal law to harass defenders, and finally commence the PBO Act of 2013”, concluded FIDH President Dimitris Christopoulos.

The full report is available online in English: on OMCT website here and on FIDH website here.

Kenya: Update on the Process for an Investor to take an Equity Interest in Chase Bank (Kenya) Limited (In Receivership) – (02.05.2017)

Kenya: Letter from the Office of the President – “Re: Suspending the Operations of the Kalonzo Musyoka Foundation & Intention to Deregister the Kalonzo Musyoka Foundation” (02.05.2017)

Opinion: Can someone please teach Mr. Manoah Esipisu the inner-works of the constitution?

Part 1—Principles and Structure of the National Executive 129. (1) Executive authority derives from the people of Kenya and shall be exercised in accordance with this Constitution. (2) Executive authority shall be exercised in a manner compatible with the principle of service to the people of Kenya, and for their well being and benefit. 130. (1) The national executive of the Republic comprises the President, the Deputy President and the rest of the Cabinet. (2) The composition of the national executive shall reflect the regional and ethnic diversity of the people of Kenya” (Kenya Constitution 2010).

It is weird, I am not supposed to do this but I have, I have to tarnish the State House spokesperson Manoah Episisu again. I wished he still worked for the Kenya Defense Force (KDF), then he spoke about missiles and Somali pirates, it is bit more technical and legislation, apparently, when speaking out the chambers of the head of state. Still, the man has the capacity to not think of the words he saying. He is not Sean Spicer, but the brightest goblin walking the streets, he is not. So, if I was President Kenyatta, I would consider to appoint another brother or someone with more flair. Because this attack from the State House towards the National Super Alliance (NASA) is just pure nonsense. Take a look!

Decisions taken and announced at polling centres, as you saw, were allowed to stand. While on the political front, let me comment briefly on stories that have been doing the rounds, peddled by opposition figures – and may I say that these stories are peddled by people who should know better – that somehow they will enact constitutional changes within 90 days of taking office to create three jobs. Making constitutional changes that require a referendum will simply not take three months. It will take years. And considering how citizens have rejected MPs and Governors that they don’t believe have used their resources prudently, they are unlikely ever to agree to spend billions of shillings to create jobs for the three men promised phantom ones. You know, people have agreed to take Jobs that don’t exist … so, one of the opposition leaders was saying in a media interview that the first job for the team will be to use billions of shillings to change the constitution so the three phantom jobs can be legitimised” (State House Kenya, – MBS Manoah Esipisu, 30.04.2017).

What he is discussing the NASA deal between the NASA flagbearer’s who made a coalition to overrun the re-election of the Jubilee Alliance Party and the ruling regime. This coalition agreement between the NASA is put in this way: Raila Odinga as the President, Stephen Kalonzo Musyoka as the Deputy President. Under them is Musalia Mudavadi as Premier Cabinet Secretary, as well as Moses Wetan’gula as Deputy Premier Cabinet Secretary and Isaac Rutto as Deputy Premier Cabinet Secretary. Therefore because of the roles as Premier Cabinet Secretary and two Deputy Cabinet Secretaries, that the spokesperson of the State House claims is breaking the law. Let’s look a bit more into the constitution:

152. (1) The Cabinet consists of—

(a) the President;

(b) the Deputy President;

(c) the Attorney-General; and

(d) not fewer than fourteen and not more than twenty-two

Cabinet Secretaries” (Kenya Constitution, 2010).

So if the ones under neath the President and Deputy President in a NASA coalition cabinet, with the agreed secretaries already, they can either hire 11 more cabinet secretaries or 19 for that matter. I don’t know what the State House Spokesperson read or understood the legality, but the law is clear and the NASA coalition is not breaking the law. They are making a new understanding of the cabinet, but not in a way that counter the ability to appoint them in this way or in other if they wanting to.

So the Constitution also states this also from section 152:

(2) The President shall nominate and, with the approval of the

National Assembly, appoint Cabinet Secretaries.

(3) A Cabinet Secretary shall not be a Member of Parliament” (Kenya Constitution 2010).

So if, the spokesperson had known the constitution, he would know that Raila Odinga, if winning the coming election in August 2017. Than he could appoint his fellow coalition leaders into the cabinet. So they could become Cabinet Secretaries, as they are in the way of the leadership of the NASA. Therefore, by that reasoning alone it is not a violation.

Secondly, Jubilee and the President Uhuru Kenyatta said:

While they are lying to each other about Prime Minister and Deputy Prime Minister’s positions which is not in the Constitution, we in the Jubilee Party are committed to entrenching democracy to develop the country,” (PSCU, 2017).

I hate to repeat, but the man who is running the nation and the Republic of Kenya for near end of a Presidential Term, should have the capacity to understand the ones underneath the Deputy President are appointed as Cabinet Secretaries. So they are part of the 14 appointed cabinet secretaries or even up to 22. So the man who has appointed his share of Cabinet Secretaries and ruled the Nation should know this part of the Constitution. Apparently, he is himself misunderstanding the law. To make sure the coalition looks foolish and himself trying to look wise. Instead he looks ignorant of the laws that guides his government.

Time for both the President and the State House Spokesperson to study their constitution before teaching the NASA Coalition on their Flagbearer’s, the President and Deputy President; also their Premier Cabinet Secretary and Deputy Premier Cabinet Secretaries. Time to man up and read the Constitution and they might know the parts before August 2017 and not just misuse it during the campaigns. Peace.

Reference:

Kenya Constitution 2010

PSCU – ‘President Kenyatta dismisses NASA line-up as ‘jobs for the boys’ (27.04.2017) link: https://www.capitalfm.co.ke/news/2017/04/president-kenyatta-dismisses-nasa-line-jobs-boys/

President Kenyatta revealed because of the shambolic Jubilee Primaries (that the State House is the Jubilee Headquarters!)

That the Jubilee Party are resembling the National Resistance Movement is clear as day after yesterdays Primary approach. That the unity of 14 parties into one structure wouldn’t be easy, as there as so many up for the tickets from the old parties, that it cannot go without some old local chief getting caught in the wind. Therefore, the acts of the party and the violence yesterday proves the misconception that the President and his Deputy had.

That Uhuru Kenyatta thought it would be an easy excise with splendor and grandeur, show up with puff-pieces in the Standard Digital and Daily Nation today. That the Jubilee printed more T-Shirts than ballots paper says enough. As well as the massive amounts of pre-ticket ballot in Eldoret. Therefore, the death of two persons and a candidate in the hospital bed. Says it all about the progression of party building.

Mr. President it is to make PR campaigns, fabricate a few photo sessions on the State House lawns, but get the people engage with a fair approach, takes courage and tact, and all civil education. The civility wasn’t shown by the party, as the party seemed to deem the results of handpicked men and woman. Who was in advanced trickled down, as the arrangement between the 14 parties had to emerge in the exercise, therefore the result of violence and tear-gas had to occur.

So that the exercise in 21 districts failed yesterday is clear, as the Jubilee wasn’t prepared and didn’t think of the local implications of the merger. That the local leadership combined with the cartels and the public itself. That they thought they could scam through the process and trade the goods without even prepping the material. Raphael Tuju was adamant that the process couldn’t be rigged, but the pictures of pre-ticked ballots, proves otherwise. Sort of like setting up signs in shops. “we do not sell alcohol beverage to drunk people” and than looking at the cashier selling vodka-infused soda to teenagers on late Friday night. Sort of my way of saying kudos to Jubilee’s own Tuju and his promises.

Clearly, the Jubilee didn’t anticipate their hazard and this acts of violence, that the community would go off on all cylinders during their elections. They we’re prepared to mock the opposition parties and their primaries, as their should be easy and a serious walkover. Instead, the show of contempt and disbelief as the party had to suspend the primaries as well. This is not a good look, when the ruling party and ruling regime cannot elect inside their own party. Than, how can we trust the same men with conducting a national election?

That Deputy President William Ruto is now preparing for Primaries on Monday and Tuesday next week isn’t assuring, they should have configured this long time ago. When the 14 parties went into a pact to become one single unit. To not be different structures, but one.

To top it off this tweet came today from Kenyatta: ”I gave a statement on the shambolic #JubileePrimaries at the new Jubilee Party headquarters in State House, Nairobi” (Kenyatta, 22.04.2017).

So that the DP Ruto and Kenyatta now takes it serious is clear, but it cannot be correct that the Jubilee Headquarters is at the State House. The State and Jubilee party, shouldn’t that be to separate entities, as the other parties should be able to use the State House, not only Jubilee. Therefore, the careless and reckless behavior of Kenyatta comes to the forefront, at he disrespect the State House in the name of Jubilee, just as he has done with the other functions of Jubilee. So the President clearly doesn’t consider the ethical implications of his maladministration.

Maladministration is the reason for the yesterday fiasco and failure to conduct primaries. Where ballot papers are burned, where there is riots and where there is violence in the streets. Something that shouldn’t happen in this and age. That the President thinks that his own people is so stupid to see this blatant disregard of public institutions and the public offices. Since the misuse of State House is just a drop of water in the cup.

That Kenyatta himself is stating that the Primaries was shambolic proves at least that he understand the implication and the view of the process. As the pre-ticked ballots and violence wasn’t what a ruling party and a united front should show to the world. Instead, that is what they did and they did not do it properly. What it seems like is that they thought the public wouldn’t mind if they handpicked the candidates for them and the ones decided in the chambers of the State House. Since the State House is the new Jubilee Party Headquarter.

We can wonder else the President will reveal of how Jubilee conduct their affairs and how much they are integrated into the state. So that they will fight harder and use all sort of tricks to keep the portfolio and control of the state, even after the August 2017 election. Peace.

Kenya: Kura Yangu Sauti Yangu Statement on the KPMG Audit of the Register of Voters (19.04.2017)

Kenya: Dr. Naomi N. Shaban MP Resignation Letter of 8th April 2017

Kenya: NASA issued yesterday on progress of NASA Technical committee (06.04.2017)

Kenya: EACC investigation into Gov. Hassan Joho and Tom Mboya Primary School verifying his education!

Answer from the School to EACC:

 

Communiqué of the Consultative Meeting of IGAD Member States on the Current Drought Situation in the Region (31.03.2017)