A Human Rights Defender's Perspective

A comment on the large crowds often witnessed at public rallies and more recently pact signings, and the continued castigation of them by a middle-class tweeting and blogging away at their businesses, in their cars and at places of work, for being unemployed idlers being misled by a political elite that feels nothing for them. Is it not a genuine concern that any leader worth his salt ought to be concerned about even while ‘pacting’ away? As they sign away to share spoils, an eager and expectant crowd watches on – chanting their names out loud.    Why are these many people here …. “well am popular and a tribal chief in my own right” … but then again; it is in the middle of the week, a Monday, a Tuesday – days that essentially ought to be the most productive days of the week, did they seek or get the day off work? They are there because like every other five years they hope that the ‘pacting’ is FOR ONCE about job creation and the general welfare of the citizenry, ...

  VIDEO:   http://www.youtube.com/watch?feature=player_detailpage&v=xQkEKL9aBec  As the hubbub continues about who gets to have what seat and how seats which eventually will be decided through the ballot will be shared goes on in the lead up to the March 2013 general elections, the electorate ought to be able to look through the veil of deceit and choose a leadership that respects the Constitution and has the moxie to ensure its full implementation. Chapter 6 is every leader’s night mare. They may have brushed issues of integrity aside FOR NOW but at the back of their minds they are aware that Kenyans are aware – now more than ever *Jeff Koinange’s voice* - of what they expect of their leaders. The interview captioned here was conducted some time in 2011 in a region of Kenya that is marginalized and completely neglected and is threatened by further neglect with the on-going evictions in the name of creating wildlife conservancies, meant to ben...

Turkana Mps Ekwe Ethuro and Josephat Nanok - Courtesy of The Star Online Edition As debates go on in parliament and discussions take place about what exactly transpired in Baragoi – Suguta valley, I thought I would have a look at some of the issues that emerge from the debates - some constructive, accusations – and mostly counter accusations, and the notable increase in incidents of insecurity as we fast get into campaign mode (or do we already have that as a default setting!?). The last week has seen a lot of genuine concern raised about the security sector in our country and that a lot more needs to be invested in it. Criticisms have of course been labeled against civil society about being quiet when the police suffer but extra vocal when criminals suffer at the hands of the police. Well just as a correction there, civil society as I understand isn’t limited to human rights organizations. Indeed though these issues fall squarely within the mandate of these organizatio...

It is certainly interesting to read the reactions of Kenyans to the High Court Decision by Justice Ibrahim in November, 2010 stating that Kenya had no Criminal Jurisdiction to try Suspected Pirates arrested in the Indian Ocean under Kenyan law, and that the persons ought to be handed over to the UNHCR to be treated as refugees.  One of the comments in the online edition of the 18th October, 2012 Daily Nation reads in part:  " Wonder how a thief who gets into my boma cannot face the full wrath of my blunt panga... "   Well that 'blunt' part was a little too bluntly put!... and since we are a country that is governed by the rule of law and believe in due process, we opt for the decision today of the Court of Appeal which overturned this ruling. Appellate Judges Maraga, Onyango, Vishram, Okwengu and Koome held that that Kenyan courts had jurisdiction to hear and make a determination on piracy cases that have over the years become a 'thorn in the flesh...

http://www.the-star.co.ke/news/article-89475/right-time-restructure-kws I read this article in the 13th October, 2012 online edition of the Star News Paper that sought to outline the role of the new Director of the Kenya Wildlife Services - Mr.  William Kibet,    a nd the challenges and opportunities he was likely to encounter after complaints by the IFAW that there were structural defects in the wildlife sector and more so in KWS itself.  The article sought to suggest steps that KWS should take for better wildlife management and conservation; I made a comment with the little knowledge and experience I have in Wildlife Conservation and Management issues especially those that touch on the upholding the Constitution and protection of human rights and fundamental freedoms.   The Comment was as follows:    " Legislation is key, especially with the ongoing reforms in the land sector; KWS is and ought to remain a key interested party...

Seeing the pictures of the MRC President – Omar Mwamnaudzi took me aback. Many Kenyans who want the MRC menace dealt with by the 'strong arm of the government' accuse the media of displaying the images in order to evoke public sympathy for their cause.  Some questions however come to my mind. Remember the days of the struggle for multiparty democracy when people were brought to court very early morning or very late in the evening to take plea and answer to charges ranging from being in possession of seditious material to treason? Remember those men barely able walk, some on stretchers and wheel chairs, some supported by police officers and others too traumatized to even speak? Now think of the questions that have been raised by the Vetting of Judges and Magistrates Board when interviewing some of the judicial officers who condoned that system. The Constitution is very clear on due process guarantees accorded to accused persons. The criminal justice process begins at t...

Away from the Olympics which we are all certainly enjoying [… or are we?….] is a new development which we all should be glad about. All over the world, medical treatment is very expensive. Even the most developed of countries face their own challenges in the provision of quality medical services. Such treatment becomes even more important when it has to be offered during an emergency. Very few economies – even the most developed of them – do not face challenges in the provision of quality medical services especially in emergency situation. How a patient is taken care of during that period of emergency greatly determines whether the patient will be able to get out of the risk of death or permanent damage, or whether the patient will succumb to that which may have caused the emergency.   The record number of traffic accidents reported on a daily basis is appalling. In fact glaring statistics indicate that people who die from road accidents is at an alarming rate. Ac...

It is interesting to hear reports that not only is   a religious leader paying people to act sick and then claiming to have supernatural powers to heal but sadly visits the streets in the darkness of the night to solicit for sex and recruit ‘award winning thespians’   - twilight girls - for their grand acts. Anybody who would be shocked or perturbed at this expose is like the proverbial ostrich sticking its head in the sand, and by virtue of the many demands expected of these mere mortals, forcing them to extremes to provide brilliant weekend entertainment away from the hustle and bustle of the week. Indeed, each Sunday, the faithful that flock churches in all corners of the republic hope to see their money’s worth in terms of; cures for more complicated illnesses, testimonies of enrichment of members of the flock, intriguing stories of successes in secular lives as a result of spiritual interventions etc. Therefore as you toil away during the week to amass...

Courtesy of The Daily Nation The Declaration on the Granting of Independence to Colonial Countries and Peoples (adopted 14 th December, 1960) says the following about the importance of Independence; “ The General Assembly, Mindful of the determination proclaimed by the peoples of the world in the Charter of the United Nations to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small and to promote social progress and better standards of life in larger freedom, Convinced that all peoples have an inalienable right to complete freedom, the exercise of their sovereignty and the integrity of their national territory… .” The Preamble to the Constitution of Kenya 2010 says; “ We the people of Kenya – Honouring those who heroically struggled to bring freedom and justice to our land: Exercising our sovereign and inalienable right to determine the form of governance ...

The 'Artur Brothers' - Picture Courtesy of The Standard.  Yesterday’s widely viewed KTN feature Jicho Pevu aka. The Untouchables – a feature viewed within the country and certainly went viral online clearly awakens us to the reality that we a governed over by a bunch of hoodlums who will stop at nothing to quench their unquenchable and indeed insatiable desire for wealth and power. The exposé , a follow up to a previous one, late last year, that brought to our attention high level crime and corruption perpetrated by officials at the center of state power, further helped tie loose ends on the linkages between a sudden increase in violent crime, arbitrary arrests, detentions and extrajudicial killings, and grand cover-ups of economic scandals that have faced the country over the past few years. This feature set me thinking. I can name at least half a dozen exposé s by the media about high level crimes and corruption that have taken place in Kenya. The Julie Ward Mur...

Justices Omollo, Bosire and Nyamu, three of the four CoA Judges found unfit to continue service by the vetting board - Courtesy of Capital FM News. In Peru, the then president Fujimori spearheaded a purge that saw 13 Supreme Court Justices, all members of the constitutional tribunal, all members of the national and district councils of the judiciary and the Attorney General fired. My colleagues tell me that in Georgia they got rig of an entire corps of judges in 1998. In Kenya we had our very own ‘radical surgery’ in 2003 that saw almost if not more than 100 judicial officers sent home for an assortment of allegations ranging from outright corruption, to impartiality to incompetence. A process which regrettably we are not proud about and hence the current Rao-led vetting board. Indeed, different jurisdictions have reacted differently to situations where the judiciary completely lacks credibility. Whether these different actions, some appalling have proved effective in these...

Farmers and pastoralists taking time off their daily social and economic activities to cast their votes - Courtesy of the Daily Nation  Am currently reading a book, partly because it is by a renowned judge, whose inspiring life leaves me in awe, and partly because am trying to get a South African perspective for my Master’s Thesis. The Book is The Strange Alchemy of Life and Law (2009) , by Justice Albie Sachs, former Judge of the Constitutional Court of South Africa, and currently a member of the Judges and Magistrates vetting Board in Kenya. The book gives a moving account of his life prior to being appointed to the court by president Nelson Mandela, his activities in support of the ANC, how his life experiences including surviving a near death experience after being bombed by secret service of the then apartheid government, and how these greatly influenced his decisions while serving in the highest court in the country – a court that is respected in Afric...

Kenyan Parliament in session - Courtesy of the Daily Nation. Brushing through American politics I get amazed at the level of scrutiny with which both houses analyze actions by government. From the contraceptives debate, to the state vs. religion debate to the economy debate, I get amazed at the level of preparedness with which a congressman lashed out at the US Treasury Secretary for “the government’s lying to the American people” by claiming to fund projects that are in his opinion economically not viable considering the amount of debt the US already owes, going as far as comparing the US with “worse of European states like Greece.” Well before jumping on my neck and dismissing me for my outright ignorantia , yes I am fully aware that this is an election year, yes I am aware that the Congressman was a Republican, yes I am aware that the Bush administration made far more policy blunders than Obama may ever make, yes I do know that the grilling had a lot of political rhetoric and unde...