In Kenya, the Cabinet Secretaries under the Jubilee Government is a special breed, they must be the new definition of the over-class, why do I say this, well because of the Education Cabinet Secretary Dr. Fred Matiang’i who was at Jomo Kenyatta International Airport (JKIA) Terminal D at 05:49 AM and about to depart at 06:15 AM on the 6th April 2017.
At the early morning at the Airport a fellow staffer Daizy Cherogony gotten suspended for her act towards the CS Matiang’i, who was so brazen to ask the government official to stand in line before entering the plane, also denying him PRIORITY SERVICE. Meaning he is supposed to skate through the whole airport and board without any question or be in a queuing up. She got suspended because she embarrassed him for taking away the Priority Service and making him stand in-line like common folk.
That she got suspended for embarrassing a Cabinet Secretary and taking away his priority service while boarding his plane to Kismu was breach of work ethics at JKIA. Certainly, she got hardships of common folk when she questioned the powers of the Parliamentarian and the Government Official. It seems like the CS are above the common sense and the people in general with this sort of provision. As well as being suspended in April 2017 and she was fired for this act on the 11th May 2017.
Clearly, there two set of people, the Special and Very Important Persons (VIP) which apparently is the CS Matiang’i class, who are above the rest and has a higher esteem. People like this doesn’t queue or are in lines of people. They walk pass everyone, surely in a traffic-jam in the Central Business District of Nairobi, the Police Cars drive in conveys so it can pass through. Since the CS is one of these people he cannot be treated like common folk. The other kind of people are common folk, who stand line at the Airport, have no extra Priority Service or have Police Envoys in the Central Business District of Nairobi. They are stuck in traffic-jams and cannot dip through traffic with the help of security organizations. Common people cannot get special treatment or doesn’t seem significant enough to be treated as royalties.
Well, the common folk Cherogony treated Matiang’i as the same and she got sacked for doing so. Because he apparently is above common sense and common people. She got suspended from her duties and later terminated from working at JKIA. This for doing her job and thinking that the CS was just like the rest. If it is embarrassing to be treated as common folk, than maybe he should become a civilian again. Maybe the CS should remember who he represents and what entity he works for. He is a civil servant and a public official who represent all Kenyans.
CS Matiang’i is the head of the Education Ministry, he is supposed to make sure people are educated and that their minds are fit for society and for work. Their education bearing fruits and their values are fit for society. This is the work of the CS Matiang’i. Still, it is not in him or his acts towards common folk or common people, since they apparently beneath him. That is when someone does their job and secure the bordering of a flight. Even a CS needs follow airport procedure and guidelines when they are bordering a plane. This isn’t a chapati-line or a food serving. This isn’t a quick car-parking and getting a special parking lot for him. He should have no issue to follow procedure at the airport.
What is worse in this is that the gentleman, the government official got someone fired for being embarrassed, when that person was actually just doing her job. The insincere works of the Cabinet Secretary, the Minister, the man who represent his party and the people, got someone fired for doing their job and securing air-safety. If that isn’t insulting, than what is?
It’s not my way to utter these words, but I feel I need it, not because I am right man; I am far from being the right man to address it. As I was raised in peace, lived in peace and endured peace. Still, feeling the sorrow of the lost in Juba, the extra judicial killings in Kenya, and the unarmed African American citizens killed across the United States, while an armed former Afghan Veteran kills 5 Police officers. The scores are so uneven, the justice is not prevailing and the cases are staggering. The Police brutalities in dozen countries like Kenya, Uganda, Zimbabwe and Zambia; the Police are detaining without charges, torturing and battling the citizens as they are vicious armed criminals.
All of these killings, all of these Police Officers acting on behalf of oppressive states, the others are systemic inaccuracies blended with the ignorance and racial bias. The state of affairs is different in the United States, compared to the other Nations, but the systems are still brutally attack the civilians like they are cows ready for slaughter. Instead of fearing the public they are harassing it silence. The tormented and the families who lose their loved ones, the ones that are bystanders and just happen to be by a Political Rally or pass by a Demonstrations in a town; gets shot, get killed and even detained as they are vile creatures instead of a human being.
The color of skin, the creed, political affiliation or faith should not be the factor if you’re waking safe down street or taking a public transport… Instead they are law-abiding citizens who even comply and do their duties to demonstrate, to act upon the fate of affairs, conduct meetings and rallies, the cost is detained at police post, taken away from their homes on conspiracy and even killed. These matters are happening to often in 2016.
The leaders of these reactions to the Government, the leaders who are addressing the civil concerns of the state, are prosecuted, detained and even monitored by the Security forces of the states, as they are worse criminals then rebels or terrorists. They are addressed in speeches by the leading fractions and the MPs connected to the ruling regime as personal vermin, people who fronts sectarian violence and creates the problem. Even if the state security forces are the ones that makes issues in peaceful affairs and puts gasoline on the fire. Not that all demonstrators are peaceful or correct, but that does not give the Police rights to shot live bullet, water-canons and tear-gas at any given movement of crowds against uneven and unrighteous cause.
The killings, the brutality, the sincere atrocities, the blatant ignorance, the little fear of the ruling regime, the masters of violence, the killers and Police Officers are guarded by the ruling regimes. As they are co-conspirators with the ones that systemically control the state ordered violence and want to shut down the spirit of any organized demonstrations, movements that are positive for democratic change or even just question the legitimacy of the ruling regime. This does not comes to mind in the United States, there it is more racial biased approached as the human and gun-laws are yet again proof of misguided regulations as the loss of life in small-fire arms shootings are staggering. Still, the Senate and Congress are not able to sustain and make amendments that can stop the guns from coming to hands of people who have a unsteady mind and unsound health condition to pull the trigger at innocent citizens. While the Police Officers are nearly hunting on the innocent and creating an atmosphere, where your guilty until proven innocent, which is not any ideal approach.
We can all wonder when this power-struggles, when the bullets, when the tear-gas, when the water-canons and when the ignorant violence, when the killings will stop and to what extent does it has to happen, before the hash-tags, before the blazing guns and blistering barnacles!
There are just to many lives, to many hurt and to many questions, to many unsolved mysterious, too much blood and to many tears. There are something sinister and something uncertain as the attempt to sustain power by any means, the profits, the structure of society, the fabric of our existence, the approach the viciousness and vile attempt of resigning to the fact the only way we can solve the fear of each is with guns and ammunition. There must be other ways of dialogue than with John Wayne, Al Capone and Giles de Rais. There are too many men and woman who have lost their life, too many who have been taken away from their loved ones and too many to mention.
While the laymen are prosecuted and the civilians are too, the men in charge are walking away, the men and woman who protect the manufactures, the military, the Police Commanders and the Executives are just free-men and can do as they please, as the violence, the killings are reappearing as the sun is setting and making sure it has the energy for another day.
The men and woman who are in charge, the men and woman are taken away; we’re supposed to be living in the same society, under the same laws and under the same regulations; where justice and freedom should prevail, where men and woman are equal, where there isn’t fear and isn’t unbalanced treatment between State Security Organizations and the Civilians. As long as there are unbalance, as long as there are inaccurate procedure and executives are not handling it peacefully, if they are giving way to impunity and injustice, their rule will be remembered for the justifications of these vile attempts of self-justice, these atrocities under their leadership and reason for the loss of these lives.
The deaths, the murders and senseless killings proves the arrogance of leadership, the certainty that guns can create power, that the guns can solve matters and prove justified to settle either political framework or even power-struggle, the fear and amassed causes the personal bias, the blatant accurate shootings and killings are vicious. The men and woman deserves more than becoming a hash-tag. The terrorist killings in Turkey, Paris, Brussels, Beni, San Bernadino and all the others, deserves more than the hot-minute of fame, change of status on Facebook and blended Profile Picture, they deserve more credit and remembrances, as all the souls of the lost got vanished by brutal force in matters of hours.
The continued civil, political and armed unrest in Libya, Syria and Yemen, the skirmished between Eritrea and Ethiopia; proves the hostile environment other places, the Somalian forces are both fighting in their own territory, but also going against their oppressors on their domain to retaliate. While the Burundian are detaining school-kids for painting slurs on the President Nkurunziza’s pictures and killing opposition, being violent and answering the men and woman who demonstrated against the 3rd Term President of the Burundian Government. President Magufuli have detained a man for writing hostile words on WhatsApp and charged and detained MP for calling him a ‘dictator’, as the President proves that he is similar to his counterparts in the rest of the East Africa. This is not vile crimes, but proves how far the government uses their security forces to control their citizens and their will to speak. I am sure in one of these countries, they would detain me in second, to silence my train of thoughts.
The 2016, have been and is bloody, as the boats of immigrants from the civil wars are drowning in the Mediterranean sea as they cross in tiny boats by smugglers to safety in Greece or Italy; as the safe heaven are supposed to get them safe from the spoils of war and power struggle between government forces, militias and armed opposition forces, as the death-toll and weak government structure that we’re centralized under one big-man is fractioned and dwindling away as the Civil Society Organizations, International Organizations and Multi-National Dialogue and stakeholders doesn’t have the capacity or the will to take charge of the unrest and uncertainty.
We have to question; will our government deal with the matter at hand? Will the government who are in charge take approaches for dialogue, for talks and creating a space where the safety and the justice have a place in the society, where the force of the state is not killing and not abundantly forcing themselves with violence on the civilians. The system of oppressive behavior and the crisis of leadership as the problems in the states, the dissolved the assertiveness of people, as the men and woman are torn, the parties are polarized and the peace has crashed; the tensions between the sovereign power and the self-righteous state officials that aggravate the public, it is not right for the leaders to use their internal squabble for power create havoc that birth more violence between two parties. That is not in the parties that one part is the state, the other is peaceful protesters, which is a different scenario, than when both are armed and kill each other to secure power and rule indefinably.
Is this what we want to remember 2016 for the civil unrest, the civil wars, the civil casualties after the violence and state organized shut-down of the public disobedience…? The disobedience and the demonstrations should be able to happen without any reactions that create a problem for the state or the state goes in a turn it into a battleground. There are so many questions, so much we miss and so many political and structures that needs to be reformed, so many leaders who need a bit of humility, the humility of Police Officers, the humility of the Executives and the leadership of the States. It’s complicated, it’s all very HiiiPower. We have to ask and we cannot let this go, we cannot let these men and woman just die for so little, as a hashtag and a little social media drops. There are just too, we have to question the powers to be and what they are doing to stop this. We cannot be silent, accept it and let it go. This is just too much. I know I am not the right man, I am the wrong man, but I had to say my peace, I just couldn’t let this one be. Hope you start to think, question and wonder why we let them get away with it. Peace.
“A coram of five justices of the Constitutional Court converged at Tweed Towers to begin hearing the main petition where the Attorney General is seeking a court order to ban Dr Kizza Besigye’s defiance campaigns, purportedly to overthrow the regime. However, the Justices adjourned the hearing of the petition saying that it would be unfair to hear the petition without Besigye in court. Besigye did not appear in court because there was no production warrant” (NTV Uganda, 2016).
After a few days of ability too move freely the buck stops and the Police Force have again sieged the Kasangati compound of Dr. Kizza Besigye the former Presidential Candidate of Forum for Democratic Change. This comes after the FDC have shunned the Interim Order of 29th April as they planned to pray at their offices for the future of the country. “For God and For Country” this is illegal by the maneuvers of the Police today.
So that the Police Force already had taken many of major leaders and affiliated FDC members around the FDC Headquarters in Najjankumbi in Kampala. As I have taken notes on earlier today. But the movement from the Police to seal of the compound of Dr. Kizza Besigye is the latest, not surprising as the Police have a special unit soon made for him alone.
Dr. Kizza Besigye is yet again not allowed to have a life and be an ordinary person as IGP Kale Kayihura and his Police Force together with DPC Kasangati James Kawalya will make sure that he does not leave the compound; yet again!
This is just a mockery of justice as the Interim Orders made by the Deputy Justice Steven Kavuma/Stephen Kavuma is not justified.
As these orders from both the Deputy Justice and the Inspectorate General of Police have breached this two articles of the Uganda Constitution of 1995:
“27. Right to privacy of person, home and other property.
1) No person shall be subjected to—
(b) unlawful entry by others of the premises of that person.
(2) No person shall be subjected to interference with the privacy of
that person’s home, correspondence, communication or other property”
That is not what the State does when they are interfering with the communication and the correspondence of the actions of Dr. Kizza Besigye, they are breaching it again and again. To a point that this passage of the Constitution is useless, because Besigye is not allowed to walk out or be part of Political Party by the orders of Police chief today. Here is what piece of legislation that the Police Force is breaching when they stop the administration:
“29. Protection of freedom of conscience, expression, movement, religion, assembly and association.
(1) Every person shall have the right to—
(c) freedom to practise any religion and manifest such practice which shall include the right to belong to and participate in the practices of any religious body or organisation in a manner consistent with this Constitution
(d) freedom to assemble and to demonstrate together with others peacefully and unarmed and to petition; and
e) freedom of association which shall include the freedom to form and join associations or unions, including trade unions and political and other civic organization”.
So with these breaches and the stops proves how little both the value of the constitution of 1995 is right now for the NRM Regime, as they can take these rights away every time it is needed or can help them to shut down the opposition. The FDC is now practically a unlawful organization who is not allowed to function or have their Political work in the country.
Because they are not allowed to pray, that is part of the “freedom to practice” as every person supposed to have the right too.. the same right is to demonstrate, or the ENGLISH different where I am from and the ones that Stephen Kavuma and Kale Kayihura is reading. They are might learned in specialized and coded English that says something else than what I am reading, because the constitution is the LAW that supposed to set the BAR and level for Justice in a country. Henceforth the Constitution of Uganda, the Constitutional law of the nation. The Republic and the Constitution that gives the land the rule of law; and gives the rights to the citizens, so they can be lawful persons and make sure that the government does not act unjust towards them!
This action today is again and again taken the opportunity to House Arrest Dr. Kizza Besigye while the NRM Regime, their Police State and the reality of the thieving regime does not even honor the laws they got credit to make 21 years ago. The Police Force does not care about the general laws, they use the Public Order Management Act and the other laws that fits the authorities, even if they does not work in the manner the Constitution sets the precedence for the legal authority and the rights a civilian or citizen might have. Something that Dr. Kizza Besigye supposed to have and is now again taken away. Peace.
STATEMENT BY THE KENYA EDITORS GUILD ON THE ARREST OF NATION MEDIA GROUP JOURNALIST JOHN NGIRACHU
An old proverb aptly advised human kind over the ages that, “Whom the gods wish to destroy, they first make mad.”
This evening, the Cabinet Secretary in charge of the Ministry of Interior Major General (retired) Joseph ole Nkaissery outdid himself in purported execution of the mandate of his Ministry. John Ngirachu, a Nation Media Group journalist on lawful duty in the National Assembly was arrested within the precincts of Parliament on orders of Nkaissery.
The cabinet secretary has evidently followed through his threat to target the media over a report on the Auditor General’s query on how Nkaissery Ministry spent some Ksh.3.8 Billion in a single day.
The Kenya Editors Guild and indeed the entire independent media fraternity is appalled by the arrest of Ngirachu and the bizarre demand by Nkaissery that the journalist ‘reveal the source of the story’. The query of the Auditor General on the Ksh.3.8 Billion Interior Ministry spending is a matter for which Mr. Nkaissery was questioned by the Public Accounts Committee in Parliament and effectively, Nkaissery is one of the sources of the story, and indeed a reliable one.
The demand for source of the story is therefore mere posturing by Nkaissery who has proceeded to threaten that Ngirachu will quote; “be fried if he does not reveal the sources of his story”. We are indeed disappointed with this unpolished language of an otherwise senior cabinet minister; phrases such as ‘frying’ an innocent journalist could at best find home back in 1980s when Nkaissery led an infamous military ‘security operation’ against potentially innocent villagers in West Pokot.
We have also taken note of a 4-page incoherent statement that preceded the arrest of Ngirachu. The statement is an attempt to build a case against not just the media but also a broader base of Kenyans that have dared question a wide range of issues particularly the runaway corruption in government.
The Nkaiserry statement has bizarrely suggested what it terms ‘a choreographed campaign to destroy the government’. The statement termed corruption and the media reporting of it as ‘an internationalized hysteria aimed at harming the Nation.’ Nkaissery also accuses quote “the media of castigating the government as irredeemably corrupt.” The statement then proceeds to warn that those making allegations of corruption will be held to account.
I am urging the media to publish the statement in full so that the public can appreciate the peculiar, even irrational thoughts contained in the 4-page statement.
If the statement is anything to go by, the arrest of journalist John Ngirachu is only the beginning of tougher times for the media and any other independent voices brave enough to raise questions on the corruption crisis that ails our country tonight.
We complete with an assurance, John Ngirachu will be free and back to work shortly.
CHAIRMAN, KENYA EDITORS GUILD
HARASSMENT OF JOURNALISTS
My attention has been drawn to the arrest of Parliamentary Editor for the Nation Media Group, Mr John Ngirachu. I have also learnt of the absurd explanation by Internal Security Cabinet Secretary Mr Joseph Nkaissery that Mr Ngirachu will be released when he reveals the source of the story he wrote on the Internal Security spending.
I want to express my solidarity with the family, friends and media fraternity over this unfortunate development. I also wish to advise the government to respect the timeless tradition that journalists are duty bound to protect the sources of information they have as long as that information is of immense public interest and there was no way of obtaining it other than by relying on confidential sources. I believe that was the case in regard to security ministry spending. This is not the first time spending by internal security ministry is coming into sharp scrutiny.
I wish to assure Mr Ngirachu that I stand with him personally and the Opposition does too. I assure him that his dreams for a free and open society are valid and legal and he must pursue them without any fear of fighting a lone battle. We will do all we can to secure his freedom.
I demand that the young man be freed immediately to pursue his career. Kenya has to move forward and close the chapter of repression and opaqueness in the management of public affairs permanently. I appeal to my colleagues in government to stop entertaining the idea that Kenya can move backwards or stand still.
In the meantime, I have also instructed lawyers Senator James Orengo and Mr Paul Mwangi to immediately get in touch with the Nation Media Group and take up the young editor’s case for free and defend the rights and privileges of the media for the sake of Kenya.
NAIROBI, 16TH SEPTEMBER 2015 | The Kenya Human Rights Commission (KHRC) is a premier and flagship non-governmental organization with a mandate to entrench human rights-centered governance at all levels. It is on this basis that the KHRC is deeply concerned by the current standoff between the government and the two teachers unions: KNUT and KUPPET over salary increment for teachers.
The two giant unions called the ongoing national teachers’ strike based on the Government’s refusal to effect the Industrial Relations Court order that the Teachers’ Service Commission (TSC) awards a 50-60 percent salary increment to teachers, a decision which the Court of Appeal and Supreme Court upheld. Unless the order is reversed by a higher court, the rule of law demands that the government complies with the current decision. For the refusal by the Government and any actor to implement court decisions sets a bad precedent of abetting anarchy and impunity.
KHRC is concerned that the disruption of learning due to the ongoing teachers’ strike comes at a time when learners should be preparing for the national exams. The strike, now in its third week, has paralyzed learning in public primary and secondary schools; putting the fate of about 12 million learners in limbo, with children in public schools hurting the most. This perpetuates inequality because learning in private schools continues uninterrupted.
The right to basic education for children in Article 53 of the Constitution is an unqualified right, realizable immediately and is not pegged on availability of resources. Further, Kenya being a signatory of the International Covenant on Economic, Social and Cultural Rights (ICESCR), has undertaken under Article 2 (1) of the covenant to deploy maximum available resources for the achievement of Economic, Social and Cultural Rights, education being one of them.
However, a look at the gross misappropriation of tax payers’ money, unnecessary government expenditure, misplaced priorities such as the laptop project, over funding of some ministries such as the security ministry currently supported to the tune of Kshs. 200 billion, grand corruption both at the national and county governments and hefty salaries for and extravagance by State officials is evidence of the government’s unwillingness to deploy maximum available resources for the realization of access to education. Granted, the billions of money lost in tax evasion estimated at KSh.639 billion annually is more than enough to pay the KSh.17 billion that teachers are asking for.
Davis Malombe, Ag. Executive Director at KHRC says: “By delaying to obey the Court order, the Government is condoning a continuing violation of children’s rights under the Constitution.” It is also a blatant contravention of Article 21 of the Constitution that obligates the State and State organs to observe, respect, protect, promote and fulfill rights and freedoms. The excuse of lack of funds by the Government to pay teachers adequately is unjustifiable and unacceptable. Teachers have had to put up with a never ending circus on their salaries for years now. The billions lost in imprudent and irresponsible financial expeditions is more than enough to pay the 17 billion that teachers are asking for.
In view of the foregoing, KHRC demands that:
The TSC immediately pays the increment ordered by the Courts without any further delay;
A return-to work formula is negotiated and agreed on to allow normalcy to return to public schools. The strike MUST END NOW!
The TSC and teachers’ unions engage in open and constructive dialogue towards finding a lasting solution to the never ending teachers’ strikes;
The government MUST zealously guard, respect, promote and protect the right to education. This right is a fundamental right that MUST NOT be compromised for whatever reason.
The Government must pursuant to Article 201 of the Constitution ensure equity, accountability and prudence in the allocation and utilization of public resources.
Kenya is a State governed by the Constitution. The Government, just like any other stakeholder, has an unqualified and uncompromising obligation to uphold the rule of law and respect Court Orders.