WHAT NEXT AFTER THE JAMHURI DAY FIASCO: – COMMUNIQUE FROM THE PARTNERSHIP FOR CHANGE 15th December 2008
Dec 15th, 2008 by Mars Group Kenya
WHAT NEXT AFTER THE JAMHURI DAY FIASCO
On December 12, 2008, the government of Kenya marked the 45th anniversary of the Independence of Kenya with a deliberate and calculated attack on the fundamental rights and freedom of the Kenyan people. Thousands of Kenyans across the country were arrested and brutalised by the Kenya Police for wearing black t-shirts. Many were detained in holding cells in stadiums, in police trucks and at police stations across the country. By the end of the day all were released save for several members of the Partnership for Change who were held for three days in violation of their fundamental rights.
Further, the Partnership for Change strongly condemns the arrest of journalists this morning. It is a shame that journalists who were acting in their normal professional duties were arrested and charged on court. Despite the fact that the retrogressive bill has not been signed into law, the government is already cracking down on the media. The recent use of force by the state security forces against innocent Kenyans must be punished. We demand the immediate resignation of the following people for their role in the illegal crackdown against the people and the media:
• The Minister for Internal Security, Prof George Saitoti
• The Commissioner of Police, Major General Hussein Ali
• The Minister of Information, Mr. Samuel Poghisio
Kenyan politicians are not likely to resign, we are aware. We are, therefore, additionally asking the Prime Minister who is responsible for supervising the various ministries to recommend to the President that the two Ministers be immediately removed from our cabinet.
About the Partnership for Change:
The Partnership for Change is an initiative of the Mars Group Kenya and the Kenya Network of Grassroots Organisations (KENGO) that seeks to bring to new impetus the change agenda in Kenya by using non-violent methods of public advocacy which we believe are authorised by the Constitution of Kenya. Founded on principles of inclusiveness and participation, membership to the Partnership for Change includes well-established civil society organisations and dedicated individuals who believe that it is possible to move to democratic accountability using non-violent means. The illegal arrests and detention without charges of peaceful Kenyans who have reasonable demands of the government and a reform agenda is an affront to all Kenyans and portends a slide to dictatorial impunity that must be strongly resisted.
At stake are the fundamental rights of all Kenyans as guaranteed by Chapter 5 of the Constitution and the National Accord. We note with concern that the 10th Parliament has failed in its duty to legislate in accordance to the Constitution of Kenya and has instead converted itself into a tool of dictatorship which is used for the selfish gains of the political elite. The entire 10th Parliament stands indicted for its failure to safeguard the rights of Kenyans and even worse, for its deliberate actions to curtail, deny and derogate the rights that are guaranteed by the Constitution.
Examples of blatant abuse authority and neglect of duty by the 10th Parliament include the recent tendency of MPs to legislate through informal sittings dubbed “Kamukunji” which are not provided for by any law and are therefore illegal, lack legitimacy and are not transparent. Unlike with the proceedings of Parliament, no records are kept at these Kamukunji sittings. Both the President and the Prime Minister have been reported to be attending these illegal meetings that are used by MPs to blackmail the two principals and undermine the wishes of the public.
As a result, retrogressive laws meant to serve narrow ends of the political elite are now being introduced. Both the Finance Bill, 2008 and the Communications Act Amendment Bill, 2008 which have drawn the wrath of the public were made in the illegal Kamukunjis and only taken to Parliament for polling rather than for debate. This attack on our representative democracy must be stopped. Kenyans will resist and defy any laws that limit the freedom of the press or allow MPs to shield themselves from civic duty, including taxation.
At stake is our prosperity as a nation as we continue to wallow in abject poverty caused by misappropriation of public resources, illegitimate national debt and corruption for the benefit of a few and at the expense of millions.
We have understood the statement of government in arresting and detaining innocent Kenyans on Jamhuri Day. The government’s message is “be silent”. Our response is “NOT NOW, NOT EVER” Our country needs us and we need each other. We will not allow temporary setbacks to stop us or intimidate us. Kenyans will be free. Our media will be free. Our rights will be respected. Arrests are not a solution to the government’s problems. There are simply not enough police cells to lock up the population for wearing t-shirts!
The Partnership for Change now calls on the government to deal with the myriad of problems it faces squarely. Shooting the messenger, whether the Kenyan press or the Kenyan people will not resolve anything. Serious problems require serious solutions and serious people to address them. We, the people, are serious- the government MUST act in accordance to our will.
Update on the Jamhuri day arrests:
JAYNE MATI and MWALIMU MATI were held at the Lang’ata Police Station for three days and were released without any charges. The police only released the two after several non-violent protests including sustained day and night vigils at the Lang’ata and Garissa Police Stations, road blocks and other venues including the Uhuru Park, Ufungamano, Jeevanjee Gardens among others.
Four partners for change who were being held at the Garissa Police Station -KHALIF ABDI, ABDINASIR SALAT, YUSUF ABDI and ADEN KOSAR- were arraigned in court this morning where they pleaded not guilty to charges of causing a disturbance and were released on a Kshs. 5,000 cash bail. Their case will be heard in January, 2009. Legal representation and cash bail were provided and the four are now free on bond.
Demand for the Full implementation of the National Accord:
The Partnership for Change calls for and will continue to call for the immediate implementation of the National Accord of February 28, 2008 as is, without negotiations, failing which the Kenyan people wish to have their right to an election to replace this dictatorial parliament and government. We demand the FULL implementation of Agendas 1 up to 4 of the Kenya National Dialogue and Reconciliation Process without equivocation.
Implementation of the National Accord is not limited to tribunals and commissions of inquiry. Implementation requires root and branch institutional reforms and this starts with personnel change. Besides the overhaul of personnel at the Electoral Commission of Kenya, we demand the sacking of the Commissioner of Police who is personally responsible for the continuing violation of the fundamental rights of Kenyans to life, liberty and the secure protection of the law. The Police Commissioner bears the greatest responsibility as the head of a force that has gunned down over 1,000 Kenyans over the last 24 months (CIPEV and KNCHR) and for which he shows no remorse. We demand that the President, who is the appointing authority, removes Major General Hussein Ali from his current position as the Commissioner of Police.
Evidenced by the fact that he has been promoted from the rank of Brigadier to Major General during his tenure as the Commissioner of Police, Major General Ali is still an active member of the military. The Partnership for Change will hold Major General Ali personally accountable for the violations of the rights of Kenyans and will pursue legal remedies for ourselves and on behalf of the people using all enabling local and international laws.
Urgently recall Kofi Annan and reconvene the Panel of Eminent Persons of the African Union charged with the Kenya National Dialogue and Reconciliation Process.
If the Grand Coalition Government is not able to implement the National Accord, and it is becoming apparent that the government has neither the good will nor the influence to deliver, and considering that Kenya is now in a renewed crisis and that the two principals, President Kibaki and Prime Minister Raila Odinga are either unable or unwilling to deal with the emerging social, economic and political crisis in the country there is need to urgently bring back the Kofi Annan team as the situation is getting more grave.
Demands to the President and the Prime Minister:
1. Implement the National Accord in its entirety and uphold the Constitution of Kenya as you swore to do, or resign and call an early election. Stop bargaining with our rights at illegal gatherings. It is an abuse of executive authority to conspire with Members of Parliament against the people in illegal kamukunjis. Laws in Kenya should be made in Parliament or not at all. If the President and the Prime Minister are unable to govern using the Constitutionally established channels, they should have the courage to declare that openly and to dissolve parliament and call an early election.
2. Do not assent to the offensive finance and media bills. We demand that the President refuses his assent to the Communications Amendment Bill, 2008 and to the Finance Bill 2008. At a time when we have no opposition, the media has a very important role of informing the public and also of oversight. Freedom of our press is not negotiable; we have a right to a free press and to information. None of our fundamental rights are negotiable.
All Kenyans must pay taxes. We demand that MPs and other holders of constitutional office who are exempt from paying taxes be compelled to pay taxes. The people of Kenya demand that the President exercises his executive authority and returns the finance bill to the National Assembly.
3. Zero rate for taxes all food, fuel and electricity to reduce the cost of living for Kenyans. We demand immediate relief for the poor. Food must be zero-rated for tax so that Kenyans can eat. This cannot wait for 10 days or until next week. Financial discipline and austerity measures by government can easily raise any revenue deficit. A casual look at our recurrent budget reveals 200 billion shillings of waste and mismanagement.
4. Either declare a state of emergency or stop infringing on the rights of the people. Unless there is an on-going state of emergency, the paramilitary officers posted at the Uhuru Park in Nairobi should be removed immediately. Restricting citizens’ access to public parks is unwarranted. We understand that it is calculated to stop the people from enjoying their constitutionally guaranteed rights to freedom of expression, movement, assembly and association. These rights are inalienable. They are not negotiable.
The government must be clear that Kenyans are alive to their responsibility and have decided to respond to impunity and resist dictatorship as we work to restore democratic accountability in our beloved country.
Our message to our politicians and government institutions is that the Kenyan citizen is now in charge and will hold you to account. Our non-violent actions in demand for change will continue in earnest.
The Partnership for Change
Date: December 15, 2008
Last weeks and again mondays persecution of journalists and civil rights activists should be loudly condemned by all kenyans of good will.This smacks some mischievousness on part of the ruling elite. Well.I believe one does not need to be a rocket scientist to get a feel as to why kenyans are really furious with their leaders.Kenyans and especially the youth are ready and more than willing to go that extra mile to defend our nation against any form of neo-colonisation and dracorian rule.
All that politicians promised us during the last electioneering year are still fresh in our minds.Please be aware that everage Kenyans are more civilised,progressive and enlightened than any other time of this great nation.We can not afford to go back to political quagmire as it has costed us dear to get to where we are. Time for folding ourselves in tribal cocoons is over!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Yesterday events were the President and the Prime minister received lukewarm reception when they waved to the crowds tells us something is wrong!To cap it all,does this weeks episode of a journalist throwing his shoes to a sitting president of the most powerful nation in the world during a press briefing “ring some bells in the leaders ears”?
Thanks for the message,i being one of the activists i also strongly support the resignation of the above named personalities.Pledges made by the so called heads of the grand coalition should know that they ought to do what promised or we as Kenyans can also force them to resign or we act the way Poland did.
First implement the national accord, Secondly the media bill should not be ascended to law.
Last but not least, im very sorry for what happened to Mr Mwalimu Mati and his wife though i’m glad they out but now we are together because I’m around from Tanzania.Next demo call us because this country has proved to be one of the most stupid in the world which has no future at all.
So it is you and me we team up for the betterment of the whole nation.
Keep updating me and also invite me to your offices and meetings.
good day
Regards
gerishon mwandawiro.
Media Bill 2008, Finance Bill 2008, Illegal arrests of Kenyans and detention of Kenyans without trial, MPs refusal to pay tax as other Kenyans do, high cost of basic commodities, all point to the failure of the two principals to take the country forward.
Our demands are clear, the Kenyan people are speaking loudly, everyday, every hour.
We as Kenyans are the change we need. Not politicians, not them in a million years.
Keep it up MARS Group Kenya, and the Partnership for Change.
BOB OWITI
We the people power can never be intimidated by the system, the media fraternity cant be stopped its a wave that will change the unseemingly unchangable kenyan government. The government must realize that signing the bill into law is not defeating the media but fueling the agitation of human right causes. Assenting the bill into law doeasnt mean playing the people gallery but accepting freedoom of expression , we condemn the arrest of carolyne mutoko, mati and his wife and ohter kenyans. mps must pay taxes, the waki report must be taken to the hague, fuel and food prices must be reduced, the president kibaki, prime minister must resign,maj.general police commisioner must resign and also the back bone of kenyan grand corruption saitoti must go home. We demand fundemetal constitutional change NOW!grand coalition is a grand corrupt, inept governement.financial bill must not be signed into law. The media fought for jaramogi, koigi and raila to be released from prison when i was a kid i used to read in the papers. koigis mother when on stark naked like an animal she was broadcasted world wide and her fight led to her sons release from kamiti block G. we must fight for the right to be informed NOW!kibaki stop his gentlemanly hypocracy and not sign the bill into law.
A PROUD MODESTY!
I shall arise
I shall arise again
To win and wheel
And ponder in panting hearts
The gone years I have always treasured
When we swam in the river and jogged in the rains
I shall arise
I shall arise again
To piece up the pieces together
Of our undying quavering heritage
Within a people so willing to abandon
The black mother’s milk that drove away their hunger
I shall arise
I shall arise again
To unravel and demystify
Prejudice they deeply rammed into our innocence
During which we were barred from true feelings
Of nostalgic hilarious moments we then had
From this dangeon where I am whipped and booed
From this underworld where I am frowned and spat at
From this prison where I feed on nothing, but torture
From this death row where I am grieviously mocked
And from this stuffy filthy pot where injustice is brewed
I shall arise to shun evil and tell the story hitherto
[...] with a deliberate and calculated attack on the fundamental rights and freedom of the Kenyan people. Thousands of Kenyans across the country were arrested and brutalised by the Kenya Police for wearing black t-shirts. Many were detained in [...]