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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.
“When it comes to this issue of corruption that has been at the centre stage of Kenyan public debate, it has frustrated me as President. And I would say why: because the pressure is on me to do something about corruption” (…) “I then sit back and ask: show me an administration, since independence that has tackled corruption like I have done. I have removed everybody who has ever been named or touched upon on the issue of corruption” (…) “I have done my part, at great expense – political. I have told them to step aside, and they have done it; whether guilty or innocent, I suspend them for three months until investigations are concluded” (…) “By the way that pronouncement by itself is unconstitutional. I have no power to suspend them” (…) ”I wish there was a way guilty persons could be charged, but nothing! We set up a multi-agency so that we can coordinate our affairs, still no movement” (…) ““I have taken the actions that I can take within the Constitution. I have given all agencies resources to fight corruption, and I challenge any agency to come out and say that I haven’t given them the resources. I stand accused that the executive is not doing its work. What do you want me to do?” – Uhuru Kenyatta at the State House at the ‘Anti-Corruption & Accountability Summit’ on the 18th October.
Well, Honourable His Excellency President Uhuru Kenyatta of Kenya, your under fire for corruption scandals, something that has been rampant during your administration. There been all kind of corruption scandals all the way into the Judiciary and the Supreme Court, into businesses and even in Parliament. Senators, Governors, Members of Parliament, investors and all kind of people, even Cabinet Secretaries has been burning in your period as the Executive.
This isn’t just about the Kenya Ethics and Anti-Corruption Commission (EACC). This isn’t about that, though that is a tool used by the President for his legitimate fight, even as it been an unused tool since John Githongo we’re “fired” in 2005 by the Mwai Kibaki administration. Since then the EACC has just been a puppet for the Governments of Kenya.
So if the President Kenyatta can complain about the dockworkers and the administration in Mombasa for their corrupt behaviour as they trade the goods through the dock, before it gets loaded on land. There been as long as I remember been the first people the Kenyan Presidents hurried to accuse, but for some reason never sack civil servants running the Mombasa Docks, which for me sounds weird.
We are now in the midst of the unravelling National Youth Scandal (NYS) where billions of shillings went into forged companies of the ones running the NYS fund. That is blowing up and making the CS Sicily Kariuki looking silly, while the main architect hopes to go scotch free like her fellow comrades Josephine Kabura.
This together with a mix-up at the Ministry of Health, that has been diverting funds as well, CS Cleopa Maliu has tried to explain the situation, but the companies that been implicated has done what they can wash their hands clean of the dirty acts of the MOH. The Tax-payers 5 billion shillings just vanished into thin-air and made little progress of the sick. That Mobile Health Stations we’re actually rebranded containers and other projects from the Ministry we’re flawed has further damaged the reputations of the Ministry and their Economic Policies.
If this two wasn’t enough in the times of the Kenyatta Presidency the “Chickengate” and the Independent Boundaries and Electoral Commission (IEBC) has been sacked for their corrupt trades, where they used deliveries to add “chickens” on the recites so they could get extra commissioned for making sure By-Elections happen orderly, even using foreign producers of ballots to skim-off tax-payers monies. This within bound of the current leadership and their hard-work against corruption!
It’s not like Uhuru Kenyatta is earning fortunes on the system today with his giant corporation like Brookside Diaries, that got business with Sameer Agricultural And Livestock Limited in Uganda, also owns a huge stake at the Inyange Industries in Rwanda. He has a stake in the Banque Internationale Pour l’Afrique au Congo (BIAC) in the Democratic Republic of Congo. This together with the valuable Heritage Hotels in Kenya; other corporations are the Commercial Bank of Africa (CBA) that has subsidiaries outside of Kenya as well. In media he owns the Mediamax Group: which controls the K24, Kameme FM and People Daily.
When you owns these businesses and knows the practises well, than he doesn’t see it fit to rock-the-boat. Just keep business as usual as his corporations are growing in size nationally and internationally. This while the government practises are weaker and mediocre, the business aspect is rising. Why should he work against his own corporations, which wouldn’t be a good look as the owner?
Well, at the same time the government has added debt, but also had another questionable Corruption scandal – the Eurobond we’re by September 2016 there we’re actually 215 billion shillings that was unaccounted for. That has never really been explained, even if the International Monetary Fund that been discussing with the Central Bank of Kenya (CBK) and CS Henry Rotich tried to explain it through an all of a sudden transaction to JP Morgan Chase Account in New York in January 2016, that 2 years after the release of the questionable transactions and sale of the Eurobonds.
So I have just these issues that I remember right now, concerning the Jubilee and Kenyatta Government of the present day. With these kind of activity doesn’t make feel like the EACC or any kind of Anti-Graft activity has ever occurred. There are so many more like the Athletics Organizations concerning the Nike Apparel and Agreement between them and NOCK for the Rio Summer Olympics of 2016. So the runners and such we’re not supported as they we’re supposed to do, as the Government and Selected Officials we’re selling the clothes instead of giving it to the Athletes. That is just another one of the corruption scandals in his term.
I do not get the feeling that President Kenyatta has done what he could, what he should, but what he would prefer, to keep it at this present time with business as usual. Not caring about the cases, not interfering, not creating laws or amend government bodies to get more power to intervene on the corrupt behaviour. The President has kept it day-to-day and not tried to stop it. Because it is his loyal troops who are eating of the tax-payers plate. They are bending the laws and accountability to secure funding of the made-up corporations that got tenders by the NYS scandal and so on.
President Kenyatta, if you cared; I am if you’re really serious why does the amount cases keep piling and why is so many people walking scotch free after stealing, thieving and embezzling away government funds? Why do this people walk the streets without any prosecutions or trials of their cases? Why? What does it take to make them guilty of blue-collar crimes?
The real chicken thief is in the nearest sell of Eldoret or Kisii. But if they we’re suits sophisticated stealing like the Anglo-Leasing deal with the Kenya Defence Force than the men and woman walk talking to Kidero or any other governor with a grin. This is the same happing in your time and under your permission Mr. President. Time to act upon that!! If you meant the words you uttered out of your mouth in the State House in October this year. Peace.
“You can run wit losers, or run wit winners and win” 50 Cent on Young Buck – ‘Let Me In’ on LP ‘Straight Outta Ca$hville’ (2004).
It is Olympics season and Rio Olympics started the 5th August 2016. There we’re long planning for each athlete and Olympics team through the National Sports Authorities who fixes funds and also allocate monies to the needed equipment and so on. Therefore the recent days mayhem around the Kenyan Olympic Team and the National Olympic Committee of Kenya (NOC-K). This team and Committee have come under fire. The NOC-K and Kenyan Athletics have both been questioned about their use of funds and corrupt behaviour.
Today I am going over the recent articles on the Rio Scandal of the Athletes who was not getting their needed National Nike Kits from the NOCK. As they we’re even at one point claimed to been stealing from a Nike Shop in Rio and had a meeting with Nike Officials in Brazil. This happens as the Nike Corporation has already gotten shredded review for their newest agreement with the Kenyan Athletics and NOCK in 2013. They can be questioned for their “commitment bonus” and the reason for paying off Chinese counterparts to keep the Kenyan Runners running in Sports Appeal from Nike.
The NIKE Corporation wants the best wearing their gear at the biggest sports events so they can be the Golden club, like 50 Cent said so poetically: “Run wit winners and win” in 2004, the same kind of acts are apparently the key for the Nike Executives who rather for branding sake bribe Kenyan Officials to have the quickest men wearing their running shirts. This should be a crown example of the American Sports Industry and how far they go to pay off Athletes and Sports Organizations who fit their bar. The Kenyan Sports Officials are getting easy money for their associates to wear clothes and brand them. But it goes further as some officials apparently have been selling of special clothes made for the athletes and this year’s Olympics. So they didn’t have enough Sports Gear for their delegation in Brazil. So the greed of NOCK officials just sold the designated apparel for the Athletes. That shows the little care for their obligated work and more about the extra funds for themselves.
Reports from earlier in 2016 – Commitment Bonus saga:
“In a contract signed several years ago, Nike agreed to pay hundreds of thousands of dollars in honorariums and a one-time $500,000 “commitment bonus,” which the former employee called a bribe” (…) “For more than 20 years, Nike Inc. has been paying the Kenyan national runners’ association millions of dollars in exchange for the Kenyans wearing Nike’s signature swoosh, superb advertising in the running world” (…) “After they received a letter from a Nike lawyer saying there were no legal grounds to terminate the contract, the Kenyan officials abruptly changed course. They negotiated a new contract in which Nike agreed to pay Athletics Kenya an annual sponsorship fee of $1.3 million to $1.5 million — plus $100,000 honorariums each year and a one-time $500,000 “commitment bonus.” (…) “In a sworn statement provided to Kenyan investigators, the former assistant said the $500,000 commitment bonus was “bribe money from Nike” so that the top officials could pay back the $200,000 from the scuttled deal with the Chinese company and then make even more by agreeing to sign up again with Nike” (…) “Nike wired the money into the federation’s account instead. But before that, the chairman emailed a Nike executive, Robert Lotwis, with “invoice” in the subject line. “Urgent!!” the message said. “Dear Robert, U.S. 500,000 being commitment Bonus. Regards, Isaiah Kiplagat, Chairman.” (Gettleman, 2016).
It was all well in July 2016:
“Kenya’s track and field team received it’s Nike kit for the Rio Olympics yesterday with the elite distance runners saying they are ready to take the game to their Ethiopian arch rivals at next month’s game” (…) “Stephen Soi (above), Kenya’s chef de mission to the Rio Games, said Nike had sent training leisure and competition kit to the Tusker sponsored Team Kenya” (Makori, 2016).
What they we’re supposed to get:
“Some athlete revealed that the National Olympic Committee (NOCK) officials were diverting the kits for sale in Kenyan market. “Nike submitted 1,900 pieces of uniform both for training and racing to the 52 athletes who were in Rio. Nike had a different set for coaches, trainers, and officials,” said a Sports ministry official who had travelled with Ruto” (…) “NOCK chair Kipchoge Keino dismissed the claims saying every athlete was given enough kits.”There is no problem with uniforms. All the athletes were e given enough pairs of uniform,” said Keino. One member who traveled with Ruto to Rio, however, faulted CS Wario and his PS for the problems that faced the athletes in Rio” (Mwalimu, 2016).
CS for Sports and Culture Hassan Wario Speaks:
“Nock officials were being chauffeured around in limousines. I walked to most of the venues where Kenyan athletes were competing and some of them were five kilometres away” (…) “The Rio Olympics will go down as one of the Kenya’s best ever, in terms of performance. But what people are seeing are unnecessary problems entirely created by guys managing the team” (…) “Nock are the ones who draw up the list of the athletes and the travelling team. They are the ones to accredit all members of the travelling team. I, too, had to request Nock officials to get me into the Olympic village because I did not have the right accreditation from them. There are some things that went wrong, but we could not help because whenever we try to do so, Nock says they are independent” (…) “We also need a new team at Nock, which is 21st century in thinking. Some of the current officials have been in office for more than 30 years. They operate in a cartel-like manner. They ensure they vote one another to office in perpetuity” (…) “I am the one who prepared his itinerary in Rio. It is just that when he landed, I was caught in a traffic jam coming from cheering Okwiri (boxer Rayton Okwiri). I called the DP and requested that I meet him at his hotel together with the Kenyan team” (…) “We paid Sh800,000 into the accounts of each of the athletes a week before travelling to the Olympics. There are only four cases which we shall solve soon. We shall add each one another Sh150,000 as a token of appreciation. The cheque is being prepared” (Kipchumba, 2016).
Alleged stealing kits:
“Mr Robert Lotwis, a Nike executive, wrote to Nock: “Dear FK (Francis Paul, the Nock Secretary General). I have not heard back from you around any of the product issues I have emailed you about. I have sent you a list of product that was sent and you received. “I don’t understand why I have athletes both here (in Rio) and back in Nairobi saying they did not receive the products. I’m asking again for an explanation. I’ve also listed what each track (athletics) athlete should receive in a pack. I’ve also relisted below what was sent to Nock. Please respond with an explanation on why athletes are saying they are not getting all the products they should.” (…) “In an invoice mailed to Nock, which is in our possession, Nike shipped a huge consignment of kits to Kenya, which confirms claims raised by Mr Korir. For example, they sent 450 bags but very few were distributed to athletes. Nike labelled a clear distribution order of the consignment on what each athlete would receive” (Komen, 2016).
What we can questioning is how much does the NIKE Corporation accept to have their name on the Apparel for Olympic runners in global sports events like the Olympics and World Cup. The Kenyan Runners are famous and together with Ethiopians has a running tradition when it comes to sports. That is something the Nike Corporation has supported and been a sponsor for decades.
This seems okay that they are paying facilitation fees to the Kenyan Officials because Marathon runner Eliud Kipchoge wins Gold on 42 kilometre Marathon while wearing the NIKE Apparel shirt. The reason why they have the Sponsorship with the National Olympic Committee – Kenya (NOCK) and Athletics Kenya (AK); are there to make the company get a feel good vibe and be there with the right people even if they are bribing officials to get it there; doesn’t seem like a problem for NIKE. I am sure NIKE has some good deals with the FIFA organizations as they want the Governing Football body to be associated with the Nike brand.
That the NIKE Company accepts deal which CS Hassan Wario calls Sports Cartels as they are licensing the sports and delegating the teams for the Olympics. Therefore they knew how much Apparel they would need; still they had the greed to sell it. This shows the length the Officials who are in charge of the deals and facilitation of the Athletes and their trainers for the competitions like Rio 2016. The ironic is how much money the Sport Organizations gets from Sponsorships and apparel; still the Gold Medal winner of Marathon today Elihud Kipchoge didn’t get picked up on the Airport or even scheduled by the Athletics Kenya or the National Olympic Committee Kenya. He was driven by a Ugandan Athlete to his destination instead, which shows the brotherhood of East Africa, but also the indifference from the AK and NOCK. This should worry NIKE who pays fortunes to have their name on their Apparel and are affiliated with the corrupt behaviour.
The Kenyan Officials are earning funds and even thieving to earn extra out of the deal. As much as the Government also gives funds for the Kenyan Athletes as they represent the Nation at the Rio Olympics. That because of the issues with funding, apparel and the rest Deputy President Willam Ruto had to show up. Sure not just drive limousines with other officials to the stadiums, but hopefully to get clarity in the scandal of NOCK.
So it proves the systematic use of the sports to gain personal gains for the Sports Organizations as they use sponsorship deals to earn more shillings. The BOBs must be spent on more heavy things as the total amount of monies can be used on more than chapaties. The scandal makes the Kenyan Sports look bad, when they could be looking shiny. Instead of the representation and golds will not glimmer because of the artistic ways of diminishing money and plans that the Gold Winner of today might have felt twice with the problems of Nike Apparel and the left behind in Rio before coming to the Olympic village. That shouldn’t be an issue for well-funded organizations who are sponsored by Multi-National Corporations and Tax-Payers Monies to deliver results for the common good.
The Sports results and gotten metals for the Kenyans and that should be celebrated. But the organizations behind it should deserve to scrutinize for their economic behaviour and their organizational work towards their athletes before the Rio Olympics and during. The Athletes shouldn’t be in the cross-fire for Apparel before their time to start doing their thing as Olympians.
If there is nothing backfiring the Organizers and the men and woman who run them; then the Government are actually fuelling and accepting their corrupt behaviour earned on the sweet and tears on the athletes. Peace.
Gettleman, Jeffrey – ‘Money Given to Kenya, Since Stolen, Puts Nike in Spotlight’ (05.03.2016) link: http://www.nytimes.com/2016/03/06/world/africa/nike-under-scrutiny-as-payments-for-kenya-runners-are-drained.html?_r=0
Makori, Elias – ‘Freshly kitted Kenya track team ready for the Ethiopians’ (18.07.2016) link: http://www.ipsos.co.ke/NEWBASE_EXPORTS/Unilever/160718_Daily%20Nation%20-%20Monday_50_b9066.pdf
Mwalimu, Kaka – ‘Revealed: Why Uhuru sent Ruto to Rio de Janeiro’ (19.08.2016) link: http://www.hivisasa.com/kisii/news/163517
Kipchumba, Some – ‘I’m not to blame, Nock is a cartel, says Sports CS Wario’ (21.08.2016) link: http://www.nation.co.ke/news/I-am-also-a-victim-of-Rio-Olympics-cartel-says-minister/1056-3352298-95os78/
Komen, Jonathan – ‘Nike alleges shoplifting, seeks answers from Kenya team managers’ (20.08.2016)