A Human Rights Defender's Perspective

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...