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My letter to the Minister of Interior Affairs of Kenya Hon. Joseph Nkaissery on the planned closing of Daadab Refugee Camp

Nkaissey 2016

Dear Sir Honorable Joseph Nkaissery!

I write to you again, I know it’s been a month or so, but the actions have to be questioned and the liability of the actions you do Honourable Minister or Cabinet Secretary of the Ministry of Interior Affairs and Coordination of National Government. You have an ability of making decisions that area allowed to be questioned.

I am not writing to you because I am not defending terrorism, because I am not, the Garissa University attack, the Lamu Attack and Westgate attack in Nairobi was sad and unfortunate as innocent Kenyans died while Islamist, went in and killed without impunity; that has to be answered and those actions should not control the agenda of the country, but give way to the liberties and freedoms that the citizens are rights to have. While the Government finds ways of charging and hunting down the men who are behind these hideous crimes.

Dadaab Refugee Camp

But, the use of Terrorism to close down Daadab Refugee Camp seems a bit premature.

As this was even stated by academics on the matter in 2014:

“The speaker said that the Dadaab Camp is not an engine for radicalization; rather, it is an engine of moderation. Poverty and displacement do not automatically lead to radicalization. There is a growing need for more anthropological research on the topic. An entire generation has grown up in peace; it is not scarred by war” (…)”More political and economic analysis is needed on this issue. The Kenyans claim to be in charge but al Shabaab remains everywhere. The Kenyans do not have the level of control that they claim. A lot of the radicalism that is currently being seen in Mombasa is very local. Al-Shabaab is also present in Nairobi. Many al-Shabaab suspects are Kenyan nationals. Terrorism is a wider, urban East African problem” (Rawlence, 2014).

So if the man behind Open Society have claims two years ago that can counter your arguments now for closing, can you bring evidence can show that Rawlence is totally wrong, please honourable Sir?

Hon. Joseph Nkaissery I hate to do this as this is your set of laws and the ones that set the guidelines for your government until you get the National Assembly or Parliament to change it with a general vote.

Kenya Parliament

So for now the law of Kenyan Refugee Act of 2006 says this:

“18. No Person shall be refused entry into Kenya, expelled, extradited from Kenya or returned to any other country or to subject any similar measure if, as result of such refusal, expulsion, return or other measure, such person is compelled to return or remain in the country where –

  • The person may be subject to prosecution on account of race, religion, nationality, membership of a particular social group or public opinion;
  • The person’s life, physical integrity or liberty would be threatened on account of external aggression, occupation, foreign domination or events seriously disturbing public order in part of whole of that country”.

The law is clear and doesn’t seem that it is too important for you, if these laws is still applied then the closure still gives them rights as Refugees or as legal persons in the territory where you are the Cabinet Ministry Nkaissery. I know that shouldn’t be too much to ask that the Kenyan Government are following the laws of the land? Of does this not apply to the refugees and the ones that have left Somalia, Ethiopia or South Sudan because of oppression and aggression there?

In 2015 John Kerry and the United States pledged $40m directly to the Refugee Camps, so they must have had a say in the planned closure you had of the camps last year, with the new idea of trying to do it again.

John Kerry ABC

Here is his latest statement to you Hon. Nkaissery:

“We strongly urge the Government of Kenya to maintain its longstanding leadership role in protecting and sheltering victims of violence and trauma, consistent with its international obligations. We call on Kenya to uphold these international obligations and not forcibly repatriate refugees” (…)”We call on Kenya to continue its support for refugees and voluntary return efforts, and to continue to work with UNHCR and partner nations to find durable solutions that respect humanitarian standards and uphold international law. We also urge the Government of Kenya to honor its responsibilities, including the 2013 Tripartite Agreement on the voluntary repatriation of Somali refugees living in Kenya” (…)”We remain committed to working with Kenya to support voluntary returns that are safe, dignified and consistent with international law, as well as helping Kenya to address security concerns presented by al-Shabaab and other extremist groups” (Kerry, 2016).

So Honourable Minister CS. John Nkaissery, you have lots of responsibility and have to swallow lots of crap in your days in office, while Deputy President William Ruto and President Uhuru Kenyatta got to do the fun stuff and sign decrees and words into laws. You have to clean up behind the scenes and act upon the ideas these two men have. So I am sure the stress is coming to you and therefore is so seldom that the pundits and public see you charming smile.

John Nkaissery

We are not at the point that the Terrorism claim, I don’t feel you can validate that as a reason for the closure of the camp, unless you have evidence you send to me Hon. Nkaissery. I am an advisory, but until I am proven wrong, I will not change my mind. As you are playing your cards this way, is to try filtering the world away from assassination plot that we’re on Jacob Juma or is the something else you want the world to forget? The Pre-Election violence twice in Nairobi under Nairobi Metropolitan Police Commander Japhet Koome towards the Cord Demonstrations, is this right or am I wrong hon. Nkaissery?

But to get back to reality and not the conspiracies that might run as the Kenyan Government said they would close the Refugee Camps last year in 2015. When as I said United States Government pledged more money to run them and filter it through the United Nations programs.

Seems more like this is a way of scaring the international groups, multinational organizations and all to give direct funds to Kenyan Government instead of taking it direct to the Refugee Camp. If not I hope you get a Task Force that really looks into your allegations and also delivers the findings so they can be looked through and are more believable than the financials from Donald Trump.

There are questions that remains Hon. Nkaissery because the issues and the rights, even the laws that are still viable and official guidelines for the refugees and citizens in Kenya, make a brother like me question the rhetoric you have used and arguments. So please take care of the action you do. This here will be greater stain on the Jubilee Alliance Party (JAP), and you don’t want that as a Cabinet Secretary that creates tensions with the allies abroad that both gives your army funding and equipment together with direct budget aid. That would not be wise… Though I understand Hon. Nkaissery that you care about the refugees and their safety even if you close them; because for many of them have been living there for a long time and they could be by many means Kenyan citizens with Somali ethnicity for instance.

Kibera Golf

Would you clear the Kibera slum and the areas around as the Rawlence claimed that the terrorist and extremist was more likely in Urban areas, and Kibera is Urban and also uncontrolled in some ways. So why are you not focused on the development of Kibera that you have Dr. Evan Kidero, the loyal Governor can access the situation for you and find ways to monitor the extremist that might be trained there? Because, if a so-called expert Rawlence can be some people who becomes violent in urban areas, and that is not politely the Dadaab Refugee Camp. So it must be more political than actual be the reason for the closing as they either want to show character or independence over the Multi-National Organization and the International donors, as a sovereign state.

Hon. Nkaissery, we both know that Kenya is a Sovereign State and because of that have freedoms to do what they want on their territory, but they have international obligation. You and I know that Kenya has internal laws and also have to keep their international laws considering the rights of refugees. Still, you can act this way, but will you consider the implications and the ramifications of this. Even if the European states are considering and signing agreements to ship the Syrian Refugees from Greece, to Turkey; that does not send direct flight back to Palmyra, Syria, as much as you don’t want to be remembered for sending back Somali Refugees from Dadaaab Refugee Camp to hostels in Mogadishu, Somalia. Or will you?

Mogadishu 9th May

I am just worried for these innocent fleeing human beings who has fled their homeland for safety in Kenya, as much as I am worried for the Syrian who are fleeing to Greece and being transported to Turkey. I condemn that and would condemn if the Kenyan transport these men and woman to Mogadishu in the midst of fighting and continuation of AMISOM mission in Somalia.

I know I am nobody, but I had to address it and ask you why you want to, as I also question quickly the biggest argument for closing. As I don’t believe until there are serious report and evidence of the terrorism threat from Dadaab Refugee Camp, and why you don’t check more Kibera slums of Nairobi, but that would hurt your pride, right? Wouldn’t it Hon. Nkaissery, or am I wrong?

Peace. 

Best Regard

Write of Minbane.

Reference:

Rawlence, Ben – ‘Somali Refugees in Kenya: The Case of the Dadaab Camp’ (08.05.2014) link: https://www.chathamhouse.org/sites/files/chathamhouse/field/field_document/2014Somali%20Refugees%20in%20Kenya.pdf

Kerry, John – ‘On Kenya’s Announcement to End Hosting of Refugees’ (11.05.2016) link: http://www.state.gov/secretary/remarks/2016/05/257113.htm

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On the orders of the sudden change of guards from the Calvary to leave the home of the People’s President in Kasangati; Let be clear the message of IGP Kayihura is not doing this out of goodwill; the Police leaves because Mzee thinks he is safe

Kayihura Mentoring Service

IGP Kale Kayihura: “We shall not allow Kizza Besigye to continue violating the law. We shall watch his conduct to ensure people and property aren’t in danger. We are extending a token of goodwill but we expect him to respect the law”. He also said: “he has instructed Kasangati Police Station DPC to withdraw deployment outside Dr Kizza Besigye’s home as they maintain close monitoring of his movements to ensure people’s safety”. He said this today at a Press Conference at Nguru, the Police Headquarters.

Daudi Mpaka Kasangati Court 18.03.2016

This was supposed to happen at the Kasangati Magistrate Court earlier today:

High Court judge Justice Elizabeth Kabanda is expected to rule on the matter in which the DPP is challenging Kasangati grade one magistrate’s decision of continuing with the hearing of Kizza Besigye’s case challenging unlawful incarceration at his home.

While that was supposed to happen this morning after over 40 days without charges or warrant the IGP Kayihura has ordered the Police to leave the property of Dr. Kizza Besiyge.

Kasangati 20.02.2016

Let’s be clear on the matter, it is not good-will, it happens the day after the petition and the “official” post-election period is over. Because now the judiciary and the Electoral Commission is scotch free by law. Therefore the “threat” of Dr. Kizza Besigye and his FDC is gone in the matter of the law and the Elections laws of the country.

IGP Kayihura says it is goodwill that they leave, be clear it is not and they have been squatting in an unlawful action against a presidential candidate and besieged his legal political party. Now it’s supposed to be ordered by him to the local District Police Commander James Kawalya of Kasangati. They have been there for 41 days!

How is it to violating the law to defy the regime who detain you without reason while preaching and executing orders who resists common sense, as the ruling party is following a Resistance Movement, but cannot handle Defiance; that must be a lie as the defying the matters is clearly resisting and being of resistance towards what was then an oppressive regime of Obote. They did their resistance against that and took power. So it is foolish to stumble over the rhetoric of defiance campaign as the defying of the regime who can’t stand by their unlawful actions and their draconian laws.

Kizza Besigye 23.02.2016

During the 41 days, twice the IGP Kayihura has gone out with statements and press releases and claimed he was not to be under house-arrest, but with the orders today he establishing precedence as they have closed his area and his movement. They have taken him lots of time to be detained at different Police Stations and sleeping at night in his home, before the Police-Van stopped coming in the mornings at his home.

The Police have detained people trying to visit him, not letting FDC officials getting to his home and conduct party meetings, they have roadblocks and even squatted at neighbors’ homes since the Police never established mobile-toilets to the Police-Officers who besieged his home.

So the whole ordeal is messed up and the UPF, IGP Kayihura and the NRM-Regime do this like amateurs and like fools. They whined-up the Electoral Process, the people who got ecstatic and think that there will be changes, but that is not the fate of the people, as the NRM-Regime had it all already decided for them.

They might leave him for now, but don’t be surprised if he leaves his compound that the monitoring of his movement will leave him the opportunity to yet again visit and be detained at Naggalama Police Station or Kiira Road Police Station, even if he is extra lucky get a arrested and taken to Kampala Central Police Station, he knows the cell of every station because of the special place in the heart of Mzee.

Kiira Road Police 15.02.2016 FDC

What they fear is that he can ignite the people and no matter how much the army or the Police try to control them, they cannot shut it down when it becomes like his Nomination rally in November 2015. So they have not kept him under house-arrest since mid-February out of good heart or of the best of the country, but for the best of the Executive and for him to dissolve the will of the people as the monument of the opposition have been under siege and not really had the freedom or liberty to be an ordinary human being.

So IGP Kayihura, you can stick your “Goodwill” up your blindly following the Executives behind and take that arrogant mentality somewhere it is fitting. Because you have told fairytales and told nonsense for so long that the goodwill you speak of, is not a true assessment; for the simple matter you have no charge or warrant, taken the freedom of a presidential candidate and taken it away with force and made his home a prison.

Also the blatant disregard done by the Kasangati Magistrate Court and the judges who has used Pro-Bono, Waiting days and then send the matter to the High Court without the judgement been done there either. Therefore the matter of illegal house-arrest was today been set to determine at the Court again. While the IGP Kayihura orders might inflict and gives “freedom” under “monitoring” Police proves that he is still seen as a “criminal” by the NRM-Regime. Because a free-man and ordinary citizen would not be monitored and followed by the security organization. That is something that IGP Kayihura and the NRM have totally forgotten. But hey they don’t believe in the will of their people, only of the one man with a vision; the old man with a hat who has the only vision that matters and the orders that IGP Kayihura follows blindly.

This also happen at Kasangati today!

As this has been said there been a meeting with Youth Leaders at the home of Kizza Besigye.

Kasangati 01.04.2016

Think that is enough. Peace.

The Police say the Boycott from “FDC is Illegal!” The Police use their holy grail POMA, and that some actually stay home in solidarity with Besigye today; Actual shop-keepers get arrested for closing their store in Rukungiri today!

Lumumba Block C 10.03.2016

Today it is first Thursday when many people stay home in solidarity to Dr. Kizza Besigye’s house arrest and the stealing of the votes on 18th Feburary 2016. The Police can’t handle that people are staying home and not talking. They can’t gather evidence and find out who really is opposition to harass. Therefore the CP of the Police said this to the media! And he had to use Public Order Management Act (POMA) the bill who is more used in Uganda then the Constitution to give the Police right to whatever they want.

“These demonstrations are deemed illegal because they are not authorized by Police as required under the Public Order Management Act, due to the potential of culminating into riots across the city; including arson, looting of properties, destruction and vandalism, and violent clashes between Police and rock throwing protesters. It is on record during the last such unlawful protests that several businesses reported damage, buildings destroyed, vehicles vandalized and injuries sustained,” says Fred Enanga, the police spokesperson” (Afunah, 2016).

That not going to work is illegal and not authorized from the Police is amazing. That the Police can state that you are making arson and potentially destroying property by not going to work is flamboyant at best.

Take look here:

Eyewitness: “Time check. 9:00 am I am at home i mean staying at home. The thought rung in my mind..go out and access the situation and find out the public response towards call for stay at home. Here i took a 5 minute walk to Kitintale taxi stage. This is one of the busiest stages in Kampala”

And if the police has issues with black or blue t-shirts while walking to work, it proves their partisanship and really, really foolish to demolish this way of showing their agony in public. The Police might not gotten a petition or form filled in with the planned demonstration, but the issue is that if they had filled it in, they would not been accepted. They have themselves aggressively preventative arrests of FDC and GO-Forward activists/officials/agents. Therefore the initial activities from the Police is not giving justice, but securing the Presidency and the elite of NRM. Not caring about democratic actions as they have sieged the home of Dr. Kizza Besigye since before the Election Day, the way the Police has attacked the Najjankumbi Headquarter have been raided twice. So if the Police expected that the FDC would comply with their rules now, it would be strange as they themselves has no regards for laws or regulations as they attack the FDC and Go-Forward by any means since the 18th of February.

The Demonstration of the FDC and their supporters is peaceful defiance and defying the institutions and businesses that supply funding to the NRM-Regime. They do not say that people should stay home if they fear of losing their job! It is a demonstration of character as they will defy the regime by peaceful means. The destruction and vandalism is more the way of the Police and Army as they hurt and kill. While the FDC want to wear a shirt and stop using MTN. If that is hard for Police to understand, I understand that as they have shown that they only understand violence, as they create it or harass the public. The Police cannot harass the public if they stay in their own home. They are allowed not to listen to Bebe Cool or Dr. Jose Chameleone or anybody else who supported President Museveni during his campaigning. They can listen to Bobi Wine or Lucky Dube if they want to, with that should cause tension. As much as staying home is a way of showing disaffection, if you couldn’t do that; than the public could do that through clothing as a sign of defying the regime; both of them are is soft and peaceful ways of demonstrations, not making the violence and creating vandalism.

So Uganda Police I do not know what you do in your homes if that is violent or vandalism, but that is up to you, and if the public is wearing something dangerous by wearing blue or black. Than you should start to wear that yourself since the Police are often the most dangerous, as you throw tear-gas, live-bullets and other aggressive behavior towards the people. And telling people that they are breaking the “Public Order” by staying home or even wearing some other clothing is just unserious, even if the FDC and the FDC NEC didn’t send a form displaying the articles and decisions to demonstrate peacefully in the country.

Rukungiri 10.03.2016

The actions of Rukungiri where shops have been closed in solidarity of the FDC and “Free My vote” campaign; the shop owners are now being arrested and detained by the Police;  So the Police have now lawful power to tell if the stores can be open and closed. By the assumption of the public display arresting Mr. Batuma and Mr. Sonko of Sonko Electronics in Rukungiri who has been arrested today after their store been closed. The FDC has been informed that UPF is looking out for business-owners that closed their businesses voluntarily. Is this the proud state of Police and NRM-Regime that you order businesses to be open or be detained by government forces? Is that parts of President Museveni’s pledges and speaking of peace during the pre-election period. As nobody could create violence or unrest in the country as long as he was President, the old man with hat and his security organizations has gone to far, when they take the men who lay down the work in solidarity for a cause and then detaining them, while looking for the other ones.

The people do this without creating any of the violence and vandalism. Even if a government car got burnt by the Electoral Commission offices in Kampala, compared to the violence you created when Dr. Kizza Besigye was crossing town to go to the Makerere rally on the 15th February 2016, this here has been nothing. I am sure the Police will blame it on the opposition, even if it was the Police themselves blazing the car, even if it was just a disgruntled employee of the Electoral Commission, who hadn’t gotten his/hers pay-check.

So if the Police struggle with the sit-home demonstrations and the clothing to show allegiance with opposition, with boycotting NRM and showing public disobedience. That should be allowed and not be questioned. Peace.

Reference:

Afunah, Badru – ‘Police Warns As FDC’s Protests Begin’ (10.03.2016) link: http://news.ugo.co.ug/police-warns-fdcs-protests-begin/

UPF Press Release: FDC have been stopped from Announcing purportedly Final Results of the Presidential Elections (19.02.2016)

UPF 19.02.2016

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