KPTJ

Ready or Not - AN ASSESSMENT OF KENYA’S PREPAREDNESS FOR THE GENERAL ELECTION

admin — Mon, 22 Oct 2012 07:51:52 +0000

The last General Election in Kenya was held on December 27, 2007. In its aftermath, violence broke out on an unprecedented scale in the country’s Nyanza, Rift Valley, Coast and Nairobi provinces. A Commission of Inquiry chaired by Appeal Court judge Philip Waki reported that at least 1,133 people were killed, another 3,561 people injured and 117,216 private properties and 491 Government-owned ones destroyed. Approximately 350,000 people were displaced from their homes or usual places of business, with about 1,916 Kenyans seeking refuge in Uganda.

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Kenya and the ICC Trust Fund for Victims

admin — Wed, 22 Aug 2012 14:03:17 +0000

Following the disputed presidential election that threw Kenya into turmoil, the International Criminal Court (ICC) found that there was a reasonable basis to proceed with investigations into the Post 2007 election related violence. This meant that Chief Prosecutor Luis Moreno Ocampo would take up the cause of approximately 1,133 of children, women and men who lost their lives and over 600,000 Kenyans displaced from their homes. This is in addition to the other countless victims who lost their businesses and sources of livelihood as a result of post-election related violence of 2007/2008.

For the purposes of the ICC, a victim is a person who has suffered harm as a result of the commission of a crime within the jurisdiction of the Court. The ICC recognises two types of victims, for participation in the ICC proceedings.

Memo to the President: REQUEST TO DECLINE ASSENT ON MISCELLANEOUS AMENDMENT BILL 2012

admin — Tue, 26 Jun 2012 10:14:02 +0000

H.E. Hon. Mwai Kibaki, EGH, MP

President, Republic of Kenya

Harambee House,

Harambee Avenue

Nairobi, Kenya

June 25, 2012

Dear Hon. Kibaki:

RE: REQUEST TO DECLINE ASSENT ON MISCELLANEOUS AMENDMENT BILL 2012

Purpose

We, members of a number of Civil Society Organizations (CSO’s) under the umbrella of the Kenyans for Peace Truth and Justice (KPTJ) submit this memorandum to request that you do not assent to the Miscellaneous Amendment Bill 2012 (The Bill) as passed by Parliament on June 21, 2012. We are making this request as it is our strong opinion that that Bill in its current form contains a number of unconstitutional provisions. In view we would request that you decline assent and instead refer the Bill back to parliament with an advisory that parliament makes the necessary amendments to ensure that the Bill is compliant with the Constitution.

Overview

On May 10, 2012, the Attorney General, Hon. Githu Muigai (Hon. Muigai) introduced the Bill into the House. The long title of the Bill provides that it is “An Act of Parliament to make minor amendments to Statute Law.” On the same day, the Bill was referred to the relevant department committee. The Second Reading of the Bill was done in varying days starting on May 15, 2012 and ending June 6, 2012. Subsequently the Bill was committed to the Committee of the whole house. During the Committee of the whole house, held on June 20^th and 21^st, 2012, a number of very controversial amendments were introduced. These amendments included the amendment of Section 14 of the Political Parties Act 2011 to allow that current Members of Parliament (MP) and local authorities are exempt from the prohibition to declare support of another political party separate from the one which they were elected in; and an amendment to Section 22 of the Elections Act to require that persons nominated to run for MP must be a holder of a degree from a recognized university.

We believe that the enumerated amendments are all unconstitutional. Our position is that these were substantive amendments not of the nature to be considered through a miscellaneous amendment bill. Importantly, we believe because of their substantive nature, proper public participation processes should have been followed before their passage. This was not done, not even at parliament level as they were only introduced at the stage of the Committee of the whole house where public participation was not possible. Moreover, it is our contention that the requirement that a person be a holder of a degree in order to qualify as a candidate for the stated positions directly and in effect contradicts provisions of the Constitution.

The Nature and Purpose of a Miscellaneous Amendment Bill

Since the offending changes have been made through a miscellaneous amendment bill, it is important for us to briefly discuss the nature and purpose of miscellaneous amendments. In parliamentary procedure, miscellaneous amendments are used to correct errors, omissions and inconsistencies that have no policy implications in a speedy way.

The Constitution requirement for public participation in Kenya makes it extremely important that miscellaneous amendment are not used to effect amendments with major policy implications. Article 10 of the Constitution now requires that lawmaking be subjected to public participation process. Public participation is the tool that the Constitution puts in place to ensure that the public has a structured opportunity to inform the legislature of the policies it wishes to be put in place. If the legislature adopts a process that denies the public the opportunity to participate in enacting laws that have policy implication, such a process violates the Constitutional provisions on public participation and any provisions enacted through it are in effect unconstitutional. This, in our view, is the reasons why provisions passed under Miscellaneous Amendment Bill 2012, which had policy implications are unconstitutional.

The Provision Allowing Party Hopping

Section 14 of the Political Parties Act regulates resignation from political parties. It prohibits any person from belonging to more than one political party at the same time. Moreover, it provides that a person is deemed as having resigned from a political party if he/she forms or promotes the formation of another political party, or promotes the ideology, interests or policies of another political party.

On June 20, 2012, during the Committee of the whole House, parliament agreed to the amendment to Section 14 of the Political Parties Act. The amendment exempts the operation of that section in regard to the sitting MPs and members of local authorities until after the first general election held after the commencement of the Political Parties Act.

The Political Parties Act was enacted after a rigorous process of public participation. That participation included the participation of the political parties in the drafting of the initial law, participation by members of the public in providing comments on the draft bill, referral of the Political Parties Bill to the Commission on the Implementation of the Constitution (CIC) - which facilitated further public participation. Moreover, the Political Parties Bill was also considered by the relevant departmental committee of parliament

where more public participation was had. Records show that the provisions of Section 14 of the Political Parties Act were part of the content of the Act that were subjected to this rigorous public participation process. The specific provision was enacted in order to heighten party discipline which has been extremely elusive in the past.

It is our submission that party discipline is a significant policy issue. Parliament therefore erred significantly in amending Section 14 through a miscellaneous bill. Significantly, the amendment is unconstitutional because it was enacted without recourse to public participation, despite having significant policy implication.

Degree Requirement for MP’s

Parliament also amended Section 22 of the Elections Act. The amendment requires that a candidate for a MP position must be a holder of a degree from a recognized university.

This change is unconstitutional on two grounds. The first is because it was not subject to public participation process despite being a major policy shift in law.

It is also unconstitutional because it directly or in effect violates the equality sections of the Constitution. Article 27 of the Constitution prohibits discrimination on the basis of age. Article 99 provides that a person is qualified for election as MP, among other requirements that he/she is registered as a voter. Article 83 provides that every adult citizen is qualified to be registered as a voter. Article 260 defines an adult as a person who has attained the age of 18 years.

It is a fact that hardly anyone of 18 years has attained a degree qualification. In fact, given the structure of our education system, most people complete their secondary education at age 17 or 18. To obtain an undergraduate degree requires three to four calendar years. It is obvious that while the Constitution allows 18 year old to contest for an MP position, the amendment to Section 22 of the Elections Act requiring a degree effectively takes away that right. Established legal principles do not allow a statute to annul a constitutional right. The amendment is therefore in violation and cannot stand.

Additionally, Article 27 disallows discrimination on the basis of social origin. Some Kenyans continue to suffer disproportionate hardships on the basis of their social origin. Such hardships have included inability to access higher education. We therefore believe that there is strong persuasive evidence that the amendment, in effect, discriminates on the basis of social origin since a significant number of Kenyans are unable to access higher education because of their social origin.

Conclusion

In view of the foregoing we request that you exercise your powers under Article 115(1)(b) and refer the Bill back to parliament for reconsideration on the basis that it contains various unconstitutional provisions which parliament must correct before it is allowed to become law.

We thank you for your kind consideration.

Yours sincerely,

for

Kenyans for Peace with Truth and Justice

MEMBER ORGANIZATIONS OF KPTJ

Africa Centre for Open Governance (AfriCOG)
Awaaz
Bunge la Mwananchi
Centre for the Development of Marginalised Communities (CEDMAC)
Centre for Law and Research International (CLARION)
Centre for Multiparty Democracy (CMD)
Centre for Rights, Education and Awareness for Women (CREAW)
Coalition on Violence Against Women
The Cradle-the Childrens Foundation
Constitution and Reform Education Consortium (CRECO)
East African Law Society (EALS)
Fahamu
Foster National Cohesion (FONACON)
Gay And Lesbian Coalition of Kenya (GALCK)
Haki Focus
Hema la Katiba
Independent Medico-Legal Unit (IMLU)
Innovative Lawyering
Institute for Education in Democracy (IED)
International Commission of Jurists (ICJ-Kenya)
International Centre for Policy and Conflict
Kenya Human Rights Commission (KHRC)
Kenya Leadership Institute (KLI)
Kenya National Commission on Human Rights (KNCHR)
Kituo cha Sheria
Mazingira Institute
Muslim Human Rights Forum
The National Civil Society Congress
National Convention Executive Council (NCEC)
RECESSPA
Release Political Prisoners Trust
Sankara Centre
Society for International Development (SID)
The 4 CsUrgent Action Fund (UAF)-Africa

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Business Daily, June 25, 2012 - Pressure on Kibaki to reject polls Bill

admin — Tue, 26 Jun 2012 10:02:01 +0000

Civil society organisations have petitioned President Kibaki not to assent to sections of the Statute Law (Miscellaneous Amendment) Bill, which legalise party hopping and nomination of presidential election losers to Parliament.

Over 70 lobby groups, under the umbrella of the Kenyans for Peace, Truth and Justice (KPTJ), presented the memorandum to President Kibaki and Parliament, claiming that the changes made to Elections and Political Parties Acts were “unconstitutional”.

The groups also described as discriminatory the requirement that parliamentary aspirants must have a minimum qualification of a degree to contest elections.

“We are making this request as it is our strong opinion that the Bill in its current form contains a number of unconstitutional provisions,” read the memorandum to the President that was received at Harambee House by Jonam Kinama, the deputy secretary in the office of the Secretary to the Cabinet.

The activists demanded that the Bill be referred back to Parliament with an advisory that MPs make the necessary amendments to ensure that the legislation is compliant with the Constitution.

The groups, led by former Committee of Experts vice chairperson Atsango Chesoni, said they would seek the Bill’s nullification if their petition was not granted.

They are also opposed to proposals that public officers intending to contest elective seats remain in office up to five months before the election date, down from the seven prescribed in the Constitution.

“These seats (nominated) are intended for persons from historically marginalised groups such as persons with disabilities. Persons who have failed to be elected do not constitute a historically marginalised group,” KPTJ said in its objection to allowing presidential election losers nomination to Parliament.

They also asked Speaker Kenneth Marende to restrain the House from debating proposals that have the potential of breaching or undermining the Constitution.

Last week, Transport minister Amos Kimunya moved a surprise amendment to the requirement in the Elections Act that barred non-degree holders from being elected to Parliament.

Mr Kimunya’s amendment nullified an earlier amendment by Bura MP Nuh Nassir that wanted the education requirement of an MP to be post secondary examination certificates.

The passage of the amendment technically barred over 80 MPs from contesting the next general election. Some of the MPs without degrees have already signed a petition to be sent to Mr Kibaki urging him to decline to assent to the Bill.

The lobby groups said the net effect of the amendments would be to negate the constitutional principals upon which the Acts were passed.
“We are aware that the current Parliament is on its last days before the next general election.

The amendments are being made with a measure of bias and self-interest,” said Harun Ndubi, a lawyer.

The lobbyists said majority of Kenyans agreed by voting for the Constitution that the vetting of judges and magistrates be undertaken to address the issues surrounding integrity in the Judiciary.
Attorney-General Githu Muigai, through the Bill, placed the onus of vetting the judicial officers on the Judicial Service Commissions (JSC) instead of on the then Vetting of Judges and Magistrates Board then chaired by Sharad Rao. The term of the board expired in May.

“We oppose the amendment to the Judges and Magistrates Act that seek to transfer the vetting of judicial officers to the commission. This goes against the principles of independent vetting of the Judiciary as envisioned in the Constitution,” they said.

The groups invited the President to exerciser the powers bestowed on him by Section 115 (1) (b) of the Constitution to refer the Bill back to Parliament for reconsideration on the basis that it contains various unconstitutional provisions.

emutai@ke.nationmedia.com

Link to the story on the Business Daily

KPTJ Press Statement on the Amendments to the Political Parties’ and Elections Acts

admin — Fri, 22 Jun 2012 11:32:55 +0000

Kenyans for Peace with Truth and Justice (KPTJ), an independent umbrella body of Kenyan civil society organizations wish to express its opposition to the amendment of our electoral laws through the proposed Miscellaneous Amendment Bill No. 14 of 2012. This is an attempt to defraud the Kenyans who overwhelmingly voted for the supreme law, the Constitution of Kenya (2010), which enshrines the views and aspiration of the people of Kenya.

The Constitution provides that Parliament shall not confer advantages to itself and any law that grants such an advantage should only come at a later date. Section 34 of the Elections Act which reads thus: “the nomination party lists to be submitted to IEBC before the elections may not contain the name of any presidential or deputy presidential candidate nominated under the Act”. The original bill worked on by Commission for the Implementation of the Constitution (CIC) had used the stronger term “shall not” but that was watered down by MPs to “may not”. Party lists were meant to be affirmative action for the persons with disabilities, women, youth and marginalised communities in the National and County Assemblies as well as the Senate. The above proposal gravely undermines the principles of affirmative action which the Constitution aims to promote

As the Kenyan public, we read mischief in the manner and speed with which this amendment is being executed. Further, the drive to amend the Political Parties Act to give party leaders rejected by the people at the ballot a chance is a manifestation of narrow self-interests of politicians and at best perpetuation of impunity. Kenyans must rise up against these schemes by Members of Parliament to erode reform as established by the Constitution of Kenya 2010.

KPTJ would also like to remind His Excellency President Mwai Kibaki and the Right Honourable Prime Minister Raila Odinga of thecommitments they made on the 27^th August 2010 to uphold the Constitution and promote adherence to and respect for the rule of law.

KPTJ wishes to remind the Members of Parliament that the proposed amendment negates the principle of constitutionalism requiring that all governance matters and actions be limited by the Constitution as opposed to rule by the arbitrary judgment and whims of public officials. We call on the Members of the August House who are reform-oriented to reject this latest scheme to rob Kenyans of the gains made through the Constitution.

We take note that the CIC already termed these amendments as unconstitutional and we hereby support that view. Should the Bill be enacted into law we shall, together with other like-minded organizations and individuals, take legal action in courts of law, so as to uphold, defend and protect the letter and spirit of the Constitution.

In conclusion, these amendments are a manifestation of the absurdity and the lengths to which its proponents are willing to impose bad laws on Kenyans. To this end, we pledge ourselves and call upon all other Kenyans to take responsibility for the new Constitution, resist all attempts at undermining the new Constitution, and speak up and organise against the impunity, injustice and corruption that is perpetrated across this great land.

Signed this Thursday, June 21, 2012, on behalf of Kenyans for Peace with Truth and Justice,

_____________________________

Atsango Chesoni – Executive Director,

Kenya Human Rights Commission

Press statement by KPTJ regarding the ongoing debates, declarations and the ethnic mobilization aimed at the International Criminal Court and the elections process

admin — Wed, 23 May 2012 12:15:13 +0000

We, Kenyans for Peace with Truth and Justice, are concerned about the ongoing debates, declarations and the ethnic mobilization aimed at the International Criminal Court and the elections process generally. While we do recognize the right of all people to assemble and congregate in any part of the country, we are concerned and appalled by the apparent driving force and purposes of these congregations.

In the recently concluded GEMA Limuru II and the KAMATUSA meetings in Eldoret, the groups’ religious and cultural “leaders” made a raft of declarations and demands around the ICC process and the elections whose effect is to mobilize a total of 5 million signatures to lobby parliament into petitioning the UN Security Council to seek a deferral of the Kenyan cases at the ICC in order to facilitate “fair elections”.

Let us be clear. The UN Security Council only acts to defer cases at the ICC where it is convinced that there is a threat to peace. We hope the latest attempt is not meant to be a veiled warning of violence. Let it also be clear that a postponement of the trials means postponement of justice both to the accused and victims. Why are we seeking to defer justice?

Kenya has already made a highly publicised but unsuccessful attempt to influence the UN Security Council to defer the ICC cases against the original six suspects. The attempt to revive this petition by collecting signatures is an indication that the groupings, by dint of their declarations are bent on ensuring that the elections shall not be perceived to be free and fair if the Kenyan cases before the ICC are not deferred. The ICC process is a legal process and as has been noted by representatives of the Court is not premised on the electoral calendar.

Further, the declarations and the meetings are exclusive to seven (7) of the more than 40 ethnic communities in Kenya. This goes against the spirit and letter of the Constitution; the very Constitution that the two parliamentarians who are accused and several of their sympathizers swore to protect and uphold. In particular, actions that result in ethnic polarization contravene Article 10 of the Constitution, which enshrines the national values of national unity, inclusiveness and social justice.

We therefore:

· Note that the so-called “prayer meetings” are contrary to the spirit of Article 10 of the Constitution, which calls for patriotism, rule of law, national unity, social justice and inclusiveness. We commend the religious leaders who have spoken against these prayer meetings and pledged not to offer their pulpits as platforms for sowing seeds of ethnic discord.

· In unequivocal terms, condemn the ongoing ethnic mobilization and polarization, which, we note, was one of the factors that led to the 2007/8 post-election violence. In the same breath, we call upon the police and the National Cohesion and Integration Commission to monitor, investigate and prosecute any activities that may lead to ethnic polarization even if held under the auspices of “prayer” or “cultural meetings”.

· Wish to set the record straight by reminding Kenyans that the ICC is a court of law and not a political court; and that Kenyans should, therefore, not be hoodwinked into believing that a public petition can interfere with or stall the ongoing ICC cases. We urge the citizens of this country not to be drawn into any processes of building exclusive ethnic blocs for the political expediency of one or two individuals and that may cause more Kenyans to lose their lives or suffer further injustices.

· Take exception to the recent comments by the Minister for Justice, Hon. Eugene Wamalwa, to the effect that his Ministry has nothing to do with the ICC process. By virtue of its functions and mandate the Ministry of Justice, National Cohesion and Constitutional Affairs is charged with making policy on administration of justice, social justice, elections and national cohesion, which then makes it integral in the ICC process.

· Call upon the Ministry of Internal Security and Provincial Administration to play its rightful role in the implementation of the International Crimes Act, 2008.

· Call on all responsible agencies to be vigilant about the safety of the ICC witnesses in light of the recent attempts to expose presumed ICC witnesses. This should be viewed as a broader scheme aimed at defeating the ICC process through intimidation. Further, we note that this is a violation of the conditions for release set by the ICC Pre-Trial Chamber II to the accused not to directly or indirectly interfere with witnesses.

Signed:

Atsango Chesoni,

Executive Director, Kenya Human Rights Commission

Kenya: Local Judicial Mechanism Should Complement ICC Cases

admin — Wed, 23 May 2012 12:04:35 +0000

(Nairobi, April 27, 2012) – The Kenyan government should reaffirm its commitment to cooperate with the International Criminal Court (ICC) in cases stemming from the 2007-2008 post-election violence, while establishing a local judicial mechanism to investigate and prosecute other suspects, Kenyans for Peace with Truth and Justice (KPTJ) and Human Rights Watch said today.

The organizations expressed concern that, notwithstanding President Kibaki’s pledge in his April 24, 2012, State of the Nation address to pursue a local justice mechanism, new efforts are afoot to derail the ICC cases. Recent comments by other members of government and parliament have suggested that the two ICC cases against four prominent Kenyans accused of committing crimes against humanity during the post-election violence should be “brought back to Kenya.”

“We welcome President Kibaki’s statement that Kenya still wishes to establish a local mechanism to prosecute international crimes, and it should be translated into concrete action in the form of a credible mechanism that will vigorously pursue and bring to justice other perpetrators not currently facing trial at the ICC,” said Davis Malombe, Deputy Executive Director of the Kenya Human Rights Commission (KHRC), a member of KPTJ. “But politicians’ recent statements about bringing the ICC cases back to Kenya raise concerns that the proposed local mechanism could be a whitewash.”

The post-election violence claimed the lives of at least 1,133 people, displaced 650,000 others, and left thousands with physical and emotional scars of crimes including assault and rape. But more than four years later, Kenya has taken few concrete steps to identify and prosecute those responsible. The ICC, a court of last resort, opened investigations in 2010 after the government repeatedly failed to uphold pledges to prosecute the cases in Kenya. The president and the prime minister have repeatedly pledged to cooperate with the ICC process.

“Any efforts to withdraw the four cases that have already advanced at the ICC would only undermine Kenya’s obligation under international law and further delay justice for the victims and the accused persons,” said James Gondi, Head of the Kenya Program at the International Center for Transitional Justice. “A local mechanism should complement, not supplant, the ICC process.”

The Kenyan government already lost an “admissibility challenge” to the court’s ability to hear the cases, when ICC judges in May 2011 found no evidence that the government was actually investigating those named by the ICC. In January 2012, ICC judges confirmed charges against four suspects: Francis Kirimi Muthaura, head of the public service; Deputy Prime Minister Uhuru Muigai Kenyatta; William Samoei Ruto, a member of parliament; and Joshua arap Sang, a radio journalist. Preparations for trial are under way.

President Kibaki’s latest statement supporting a local judicial mechanism follows a trail of broken promises by the Kenyan government, including similar assurances in December 2008, November 2009, December 2010, and January 2012 that a local judicial mechanism would be established. But every effort to do so has been blocked by parliament or the cabinet.

The ordinary judicial system has not proven to be up to the task of delivering justice for the election violence. Human Rights Watch research in 2011 found that while some low level perpetrators were convicted of petty crimes, most of those responsible for serious crimes – and virtually everyone suspected of organizing the violence – have benefited from impunity. Only two murder cases, and no rape cases, have resulted in convictions. No police officers have been convicted, despite evidence that police killed at least 405 Kenyans during the violence.

Kenya joined the ICC in 2005 and is obligated to cooperate with the court. While the Kenyan government has formally cooperated with the ICC, factions within the Kenyan political elite have attempted to circumvent it. In December 2010, parliament passed a motion to ask the government to withdraw from the Rome Statute, which created the ICC, though the government did not act on the request.

Kenya next petitioned the United Nations Security Council to defer the ICC cases for a year, on the grounds that ICC prosecutions were potentially divisive and could derail national reforms needed to pave the way for prosecutions in Kenya of the post-election violence. The Security Council – which can in exceptional cases defer ICC investigations where it finds a threat to international peace and security – held informal consultations on the request. But Kenya failed to find support for a deferral among Council members. Kenya then filed the admissibility challenge before the ICC, claiming that Kenya was capable of investigating and prosecuting the suspects. The ICC judges rejected the challenge, a decision upheld on appeal, holding that a promise to investigate is not enough to stop an existing ICC case.

Kenya has also held a number of diplomatic meetings with various members of the international community in a bid to garner support for the deferral of the Kenyan cases at the ICC. The African Union has also appeared to favor the Kenyan Government’s efforts. The East African Legislative Assembly, on April 26, 2012 passed a resolution calling for the ICC cases against the four Kenyans to be tried in Arusha, Tanzania under the East African Community Treaty, although the court currently has no individual criminal jurisdiction.

Supporters of Kenyatta and Ruto, both of whom have declared their intention to be candidates in the March 2013 presidential elections, have embarked on a campaign to collect five million signatures to petition the ICC court to delay the trials until after the elections. The ICC spokesperson has called the campaign futile, since there is no legal basis for delaying trials in response to public pressure.

The Kenyan government has taken some steps recently that could begin to address impunity for election violence. The Director of Public Prosecutions, Keriako Tobiko, established a task force in February to expedite the prosecution of 5,000 post-election violence cases, and the task force has begun analyzing case files. However, the report of a previous Directorate of Public Prosecutions task force, submitted to the ICC in March 2011 as part of the admissibility challenge, was deeply flawed and contained inaccurate information about the number and type of post-election violence cases that had resulted in convictions.

In March 2012, a working group of 10 prominent Kenyan and international lawyers, established by the attorney general to determine Kenya’s response to the January 2012 ICC decision to send the four cases to trial, submitted its report to President Kibaki. Journalists and others who have seen the group’s report, which has not yet been made public, have said the working group calls into question Kenya’s political will to try the most senior perpetrators of post-election violence, and points out that there is no comprehensive government policy for dealing with crimes committed during the post-election violence. The report further notes that the government has inadequately funded witness protection, and that its assistance to victims has not met Kenyan or international standards for reparations.

Despite a lack of progress on these issues, several Kenyan politicians have recently called for the cases of the four accused to be “returned to Kenya.” Fred Gumo, a member of parliament and cabinet minister, said the president and prime minister “ought to dialogue and approach ICC to bring the cases back to Kenya.” Vice-President Kalonzo Musyoka questioned “whether Kenyans will be comfortable with matters of this country being discussed outside this country.” And Information Minister Samuel Poghisio said that if the cases are heard at the ICC, they could produce tensions during the upcoming elections.

Kenyan politicians have painted the four accused as “victims,” in spite of the fact that Kenya voluntarily submitted itself to the ICC’s jurisdiction.

“Let’s not forget who the real victims are,” said George Kegoro of the Kenya Section of the International Commission of Jurists, a member of KPTJ. “They are the hundreds of women who were raped during the post-election violence, the hundreds of Kenyans who were shot by police, the mothers who lost their sons to ethnic violence, the children still languishing in IDP camps. We should support the ICC process, as the only initiative that has taken concrete steps toward ensuring justice for these victims.”

With regard to President Kibaki’s renewed call for a local judicial mechanism, KPTJ and Human Rights Watch noted that in order for such a mechanism to deliver justice successfully, it should be planned transparently, with maximum input from civil society, and considered complementary to the ICC’s ongoing work. It should not be seen as a strategy aimed at bringing the cases against Muthaura, Kenyatta, Ruto and Sang back to Kenya.

A local mechanism should include a special investigatory unit consisting of credible and professional Kenyan and international investigators, to compensate for the weaknesses in Kenyan police investigations that have been documented by Human Rights Watch and others. Kenya should also consider including international judges, prosecutors, and witness protection experts, to concentrate expertise and assuage Kenyans’ concerns that a local mechanism might be manipulated by politicians.

“The ICC is likely to only prosecute a handful of suspects, and a local judicial mechanism is needed to bring justice in some of the thousands of remaining cases,” said Leslie Lefkow, deputy Africa director at Human Rights Watch. “But the Kenyan government should assure the public that it is committed to pursuing and supporting justice on all levels, both at the ICC and in Kenya, and should show that these are not just empty promises.”

For more information, please contact:
In Nairobi, for Kenya Human Rights Commission, Davis Malombe (English): +254-722-425-025, dmalombe@khrc.or.ke

In Nairobi, for the International Center for Transitional Justice, James Gondi (English): +254- 739-866 399

In Nairobi, for the Kenya Section of the International Commission of Jurists, Stella Ndirangu (English, Kiswahili): +254-722-336-399

In Nairobi, for Human Rights Watch, Neela Ghoshal (English, French): +254-729-466-685, ghoshan@hrw.org
In New York, for Human Rights Watch, Daniel Bekele (English, Amharic): +1-212-216-1223; +1-917-385-3878 (mobile)
In Brussels, for Human Rights Watch, Elizabeth Evenson (English): +32-2-737 -1486; +32-498-298-504 (mobile)

In Nairobi, for the office of Kenyans for Peace with Truth and Justice: +254-705-142-118; +254-728-787-929, Website

ICC petitions Non-partisans told to keep off !

admin — Sat, 14 Apr 2012 09:02:06 +0000

Kenyans for Peace with Truth and Justice (KPTJ) and the Kenya Human Rights Commission (KHRC) called a press conference to discuss the attempts by the ICC accused and government towards non-cooperation with the ICC at the trial stage of the two Kenyan cases. This comes after the Kamatusa and Gema meetings that called for the cases to be deferred in order to facilitate fair elections

View the press release here

ICC ruling will be at 1.30pm on Monday

admin — Sat, 21 Jan 2012 15:46:02 +0000

MONDAY January 23rd from 1:30pm Kenyan time is D-day. That is when the ICC judges will deliver their verdict on whether or not to confirm charges against the Ocampo Six suspected of financing and directing the 2007 post election violence. The suspects—head of civil service Francis Muthaura, deputy Prime Minister Uhuru Kenyatta, former police boss Hussein Ali, Eldoret North MP William Ruto, Tinderet's Henry Kosgey and radio journalist Joshua arap Sang — will however have known the decision of the judges before it is delivered in open court.

Ruto, Kosgey and Sang have three charges of committing crimes against humanity including murder, forcible transfer of population and persecution. Uhuru, Muthaura and Ali are faced with five charges including murder, forcible transfer of population, rape, persecution and other inhumane acts.

An advisory put up on the court's website yesterday says the suspects and their lawyers, will therefore not be required to be present at the Hague. “The decisions will be notified in writing to the parties and participants in both cases. Thereafter, the Judges of Pre-Trial Chamber II will appear publicly in Courtroom I at 11:30 (The Hague time) for the sole purpose of informing the public about the outcome of their decisions,” the advisory read.

Yesterday the ICC outreach officer based in Nairobi, Mariah Kamara said the judges will only read out a summary of their lengthy ruling. The full text will be posted on the ICC website. ICC prosecutor Luise Moreno Ocampo will thereafter hold a media conference at 3pm on Monday to respond to the ruling.

The ICC has also organized a video conference between journalists and ICC court legal experts on the ruling immediately after the ruling is delivered. The video conference will take place at Safari Park hotel. “It is important that the decisions are explained properly. In this respect we will organize a video conference with the legal experts so that they can give their legal analysis of the decision,” Kamara told the Star. The decision will bring an end months of anxiety for the suspects and their families as well as growing speculation by the public about the possible outcome and what it means for Uhuru and Ruto who have bothe declared their intention to run for the presidency.

Both men have in recent days been insisting that the outcome of the court decision will not derail their presidential campaigns. Yesterday, Uhuru admitted that the ICC matter had taken a toll on him and his family. He however said he will accept the judges decision and asked his supporters to remain calm, whatever the outcome of the court. "It has been a heavy load to me and my family especially because I have been accused of things that I have not done.

But my spirit is strong and no matter how long it will take, my name will be cleared and justice will be done. I will follow and adhere to all the court's requirements. “My kids saw what happened and they together with my larger family know me well. I have nothing to fear and l appeal to Kenyans to remain calm whether I will be indicted or not. I also plan to continue pursuing my political ambitions despite the case," Uhuru said in an interview with the BBC.

Civil society groups yesterday asked President Kibaki to immediately suspend him, Muthaura and Ali should they be indicted by the ICC. They asked the suspects vacate office on their own volition if the charges against them are confirmed as they had personally promised to do on December 15, 2010.

Addressing a press conference held under the auspices of the umbrella organisation Kenyans for Peace with Truth and Justice, the civil society groups described it as "sad and unacceptable” that the three suspects of crimes against humanity had continued to hold public offices and some had even shown interest to vie for presidency before they were cleared by the ICC. “This is long overdue.

Our new constitutional standards require that a state officer should bring honour and dignity to the nation and promote confidence in the integrity of the particular office,” said Atsango Chesoni. The civil society groups said they will also accept the ruling of the ICC whether the charges against the six suspects were confirmed or not.

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The Standard - January 20, 2012 - Kenyans urged to trust ICC process

admin — Fri, 20 Jan 2012 18:46:02 +0000

Kenyans have been urged to trust the International Criminal Court process and let justice run its course.

The civil society appealed to the nation to remain calm and peaceful ahead of the ICC ruling on confirmation or dropping of charges on Monday.

"We urge the country to remember that the ICC process is really for the victims and despite all the protestation by politicians to the contrary, the ICC process is judicial and not political," said Kenya Commission on Human Rights Commission Director Atsango Chesoni.

The group under Kenyans for Peace with Truth and Justice (KPTJ) further asked the Government to cooperate with the ICC regardless of the outcome of the court ruling.

"We note that the court’s decision, whatever the outcome, will be an important step forward in ensuring justice for victims of the crimes that occurred during the 2007 and 2008 post-election violence.

Accept verdict

The civil society reaffirmed that they will accept the verdict of the court whether the charges are confirmed or not.

"We point out that all parties will be free to appeal the decision if they so wish and that is their right, which we support.

In addition the chamber is free to call for additional evidence on any issue," said Africog’s Director Gladwell Otieno in statement on behalf of the group Friday at a Nairobi hotel.

They stressed that the ICC process is meant to give reprieve to victims of PEV saying it was unfortunate that public debate continues

to focus on the fates of the main suspects rather than the victims.

KPTJ also demanded that should the charges be confirmed, President Kibaki and Prime Minister Raila Odinga should suspend from office Finance Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura and Post Master General Mohammed Ali in line with Chapter Six of Constitution that deals with character and integrity.

Vacate office

"The accused public officials should also vacate office on their volition pursuant to the statements they made that they will cooperate with the ICC in the event of confirmation of charges," said Chesoni.

They said it was unacceptable that suspects of crimes against humanity have continued to occupy senior public offices and that some even purport to stand as candidates to lead this nation.

The lobby group further asked the two principals to set up a local mechanism to try other perpetrators of violence.

"Even if all the charges were to be confirmed against all the suspects, this would by no means release the Government from its duty to bring justice, restitution and solace for victims of violence," Chesoni said.

Read Article on the Standard Website

KPTJ Press Statement On The Confirmation Of Charges Decision

admin — Fri, 20 Jan 2012 15:46:02 +0000

Kenyans for Peace with Truth and Justice (KPTJ), an independent umbrella body of Kenyan civil society organizations wish to express our strong support for the International Criminal Court (ICC) process on Kenya as we await the decision of the ICC Pre –Trial Chamber following the confirmation of charges hearings.

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In the wake of the disputed 2007 elections, Kenya was rocked by widespread violence involving inconceivable atrocities. Over one thousand Kenyans were killed and many more injured. Over two thousand women were raped and subjected to sexual violence, in many cases by members of the very police force that should have protected them. Kenyans in the hundreds of thousands, were displaced from their homes and lost their property. Four years on, many remain displaced, condemned to living in deplorable conditions. Further, throughout the various stages of the ICC process, victims, survivors and witnesses of post election violence have died, disappeared and/or live in constant fear due to threats against their lives and those of their loved ones as perpetrators and orchestrators of the violence have sought to suppress evidence incriminating them. We wish to urge Kenyans, the media and politicians alike to remember that this process is about the victims, both living and dead, and the survivors of brutal crimes such as rape. Unfortunately, public debate continues to focus on the fates of the main suspects, rather than the victims. This must change.

The State, in a clear dereliction of its duty, has failed to hold to account the perpetrators of the post?election violence. This triggered the intervention of the ICC and the leveling of charges against six suspects who have since undergone confirmation of charges hearings whose outcome we now await.

We note that the Court’s decision, whatever the outcome, will be an important step forward in ensuring justice for victims of the monstrous crimes that occurred during the 2007 and 2008 post?election period. We as KPTJ will accept the ruling of the ICC whether the charges are confirmed or not. We point out that all parties will be free to appeal the decision if they so wish, and that is their right, which we support. In addition the Chamber is free to call for additional evidence on any issue...

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KPTJ Statement on Bashir Warrant

admin — Fri, 02 Dec 2011 15:00:00 +0000

KPTJ would like to congratulate the judiciary for their progressive decision operationalizing the arrest warrant against the President of Sudan Omar al Bashir in Kenya.

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We recall; the International Criminal Court issued two warrants of arrest against President Bashir in 2009 and 2010. In line with its international obligation as a state party to the Rome Statute, it was incumbent upon the Kenyan government to declare their intention to arrest President Bashir for alleged crimes of genocide and crimes against humanity in the Darfur region of Sudan when and if he entered Kenya. This obligation stands for as long as Kenya is a signatory to the Rome Statute. It was therefore a grave violation of state obligation and a show of disrespect for international treaties for the Kenyan government to invite and host President Bashir in Kenya on 27 August 2010, on a day when Kenyans were celebrating the promulgation of our new Constitution – a manifestation of the rule of law and of justice for all Kenyans.

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The ICC and Kenya- Understanding the Confirmation of Charges Hearings

admin — Fri, 11 Nov 2011 07:24:10 +0000

This bulletin seeks to address common misconceptions on the confirmation of charges hearings and answer frequently asked questions by participants during a country wide outreach sessions on the ICC.

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After more than a year of inaction and missed deadlines by Kenya’s authorities in prosecuting the post-election violence perpetrators, on July 9 2009 Mr. Kofi Annan (former UN Secretary General) in keeping with the recommendations of the Commission of Inquiry into the Post-Election Violence (CIPEV), forwarded the matter to the International Criminal Court (ICC) through ICC Prosecutor Luis Moreno- Ocampo. On November 26th, 2009 Mr. Ocampo announced that he would request ICC judges to allow him permission to proceed with an investigation into Kenya’s 2007/2008 post-election violence. On March 31st 2010 Mr. Ocampo’s request was granted and he started his investigation into the Kenya situation

On December 15 2010 the ICC Prosecutor requested the issuance of ‘summonses to appear’ for six persons William Samoei Ruto, Henry Kiprono Kosgey, Joshua Arap Sang (case one) and Francis Kirimi Muthaura, Uhuru Muigai Kenyatta, and Mohamed Hussein Ali (case two) for their alleged responsibility in the commission of crimes against humanity. In March 2011, the Pre-Trial Chamber (PTC) issued summonses to appear for the suspects.
In case one, Francis Muthaura and Uhuru Kenyatta are alleged to be indirect coperpetrators of the crimes against humanity of murder, forcible transfer, rape, persecution, and other inhumane acts in Nakuru (Nakuru District, Rift Valley Province) and Naivasha (Naivasha District, Rift Valley Province) while Gen Mohammed Ali is alleged to have contributed to the commission of crimes in the same areas.
In case two, William Ruto, and Henry Kosgey are alleged to be indirect co-perpetrators of the crimes against humanity of murder, forcible transfer, and persecution in Turbo town, the greater Eldoret area (Huruma, Kimumu, Langas, and Yamumbi), Kapsabet town, and Nandi Hills town while Joshua Sang is alleged to have contributed to the commission of crimes in the same areas.
In April 2011, upon the suspects appearing at the ICC to hear the crimes that they had been charged with, the Pre-Trial Chamber (PTC) set the dates for the confirmation of charges
hearings for 1st and 21st of September 2011.

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KPTJ Submission to the National Dialogue and Reconciliation Team, October 19, 2011

admin — Sat, 22 Oct 2011 11:20:00 +0000

This submission will first consider key issues of concern which we believe require the action of the KNDR panel. It will then comment on decisions reached on other agenda items. We conclude this submission with a section outlining emerging threats which we believe have the capacity to undermine social stability.

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In our view the key issues of concern at the current time are:

Constitutional implementation;
The ICC process;
Institutional preparedness for the next election, and in this regard progress on reforms of the security sector and the judiciary; and
Significant emerging threats.

Constitutional implementation

We note that:

Parliament passed 15 Bills in the last month of the August 27 deadline, whereas during the previous 11 months since the referendum, only 11 bills were passed. The main reasons for the delay in the process of drafting the bills are the lack of a strategic and focused approach, poor coordination between and among various actors, interference and rollback attempts from vested interests and lack of commitment to constitutional implementation. This has had a negative impact on the quality of many of the bills passed, leaving them open to further legal challenges.
There are constant attempts at exploiting gaps in the emerging laws and the constitution in order to reverse the gains and achievements made since the referendum. In undertaking its mandate on the legislative agenda, The Commission on the Implementation of the Constitution (CIC) faced some challenges, which impacted on its effectiveness. The challenges include the late submission of draft bills to the CIC and substantive amendments to draft bills after the contents have been mutually agreed upon between the Attorney General, Kenya Law Reform Commission, the line Ministries and stakeholders without further reference to the CIC.[1]To its own disadvantage, the CIC’s attempts to secure excessive salaries have publicly undermined its legitimacy. The Salaries and Remuneration Commission has yet to be established.
The resources entailed in implementing the constitution and funding the stipulated institutions requires significant additional resources from an already overburdened government. This has been exacerbated by the extravagant approach to the establishment of new institutions and commissions and the setting of salary scales. The overly liberal approach to the implementation of the constitution and the establishment and financing of commissions’ means that government will have increased recourse to borrowing to cover recurrent expenses. Insufficient resources will mean that hobbled commissions and constitutional bodies, which cannot deliver on their mandates will breed disenchantment. This could lay and has laid ground for amendments of the constitution on seemingly rational grounds (such as those accompanying the arguments on the electoral date), which are actually aimed at undermining it. Vigilance alone will not be enough to counter this threat.
The CIC has been vocal in attempting to ensure that the constitution is implemented as envisioned. However, the Commission has faced major challenges in asserting its constitutional role vis a vis Parliament and the Executive. A case in point is the unconstitutional enactment of the County Emergency Fund Act 2011 and the National Government Loans Act.[2] Additionally, the Executive and Parliament have persistently ignored the CIC’s advisory opinions on unconstitutional provisions in important bills e.g. those pertaining to elections and political parties[3], which are critical factors in light of the importance of holding credible elections[4].
The new institutions enacted by the constitution are labouring under capacity constraints and are not firmly anchored by supportive policies. In addition, access to information and participation by the public as required by the constitution has been extremely uneven. These principles have not been clearly set out within government culture, policy and procedures. Positive examples of public participation are the judicial appointments and the IEBC interviews.

Recommendations

It is necessary to insist on government support for, and recognition of, the role of the Commission on the Implementation of the Constitution. It is necessary to point out that the government needs to push not only for the enactment of legislation, but for the development of policy frameworks and capacity building in the new institutions.
It is critical to emphasise the importance of creating a strong legal framework for the electoral campaigns and the next elections.
Emphasise to all stakeholders, particularly the Principals and Parliament that it is critical to respect the constitutional requirement for the most responsible and frugal use of public funds.

The ICC process

We note that:

Public engagement with the ICC process and especially the confirmation of charges hearings by Kenyans was encouraging. The pursuit of accountability for the post-elections violence remains a matter of high public interest with the public support for the ICC still being within the range of 60% - 65%.
The President’s support for one of the ICC suspects through a letter presented the suspects defence during the confirmation of charges hearings is a clear expression of solidarity with the suspects and raises serious questions as to his commitment to ensure justice for victims of post election violence. This raises the possibility of Kenya’s failing to cooperate with the ICC if cases are confirmed.
Although the country was calm during the confirmation of charges hearings, the suspects and their political supporters have been exploiting the ICC proceedings in order to make political capital rather than adhering to the legal requirements for the confirmation of charges hearings.There is an increasing level of malevolence along ethnic lines on the internet (blogs, forums and social media sites) from the supporters of the ICC suspects.
A local justice mechanism is still needed even if the cases before the ICC are confirmed. There is, however, no discussion on this, and as the country moves closer to elections, this is likely to become a taboo political subject. Rather than securing accountability, the state has been prioritising challenges to the admissibility of the cases before the ICC. There has not been any credible action showing that Kenya is serious about pursuing the main perpetrators of violence, nor has there been action to secure accountability for middle and lower level culprits to deter them from engaging in violence again.
The Attorney General (AG) and Director of Public Prosecutions (DPP) have persistently requested the release of evidence from the Office of the Prosecutor in the pretext that they will use the evidence to launch local proceedings. Their action should be seen as laying the ground for possible non-compliance with the ICC if certain suspect’s charges are confirmed by the ICC. It is disappointing that one of the first official actions of the new AG should appear to be aimed at undermining the ICC process.
Concerns around witness protection and the capacity and composition of the Witness Protection Agency persist. Political will to support the agency is still lacking and government continues to be over-represented on its board.
There is continuing ground for concern on the safety of those who are perceived to be ICC witnesses and their families residing locally. An ICC suspect has been reportedly meeting with leaders in Naivasha and Nairobi with a view to identifying so-called “community traitors”.

Recommendations

Emphasise the importance of the government establishing credible local mechanisms to exact accountability for post election violence crimes at all levels before the next elections.
Insist on action by the National Cohesion and Integrity Commission (NCIC) and the Communications Commission of Kenya (CCK) towards tracking and penalising the perpetrators of hate speech in whatever form that it is broadcast.
Insist that the government make a clear commitment to cooperate with the ICC to ensure the suspects whose charges are confirmed appear for the trial- if that should be the outcome.
Insist that it is incumbent upon the political leadership to refrain from mobilising local populations against the ICC and exact accountability for any acts of incitement or intimidation against witnesses or any other targets.

Security Sector Reforms

We note that:

Institutional reforms of the police largely remain at the status of 2010, with the exception of the attempts at engaging in a vetting exercise- which lacked transparency and independent oversight. It was deemed unconstitutional by the Commission on the Implementation of the Constitution (CIC) and the Kenya National Commission on Human Rights and aborted. The National Police Service Act[5]and the Police Service Commission Act[6] were passed in August 2011. However the Independent Policing Oversight Authority Bill (and The National Coroner’s Service Bill) which were tabled at the same time as above acts were unduly stalled and are awaiting to be debated when Parliament resumes its sitting. ThePolice Oversight Authority Bill will create mechanisms to monitor and sanction the actions and misconduct of individual police officers and should therefore precede or be passed at the same time as the aforementioned laws.
Despite the passing of legislation aimed at reforming the police force there are still significant issues of operational capacity and a missing policy framework.The lack of a policy framework to ensure a coordinated approach to reform by all actors in the security sector is an impediment to reforms as envisioned in the new legislation. This is complicated by the present leadership’s lack of commitment to reforms since the tenure of most incumbents is now slated to end. The continuing predominance of one ethnic group in leadership positions in the security sector is a casue for deep concern.
Security sector reforms within a democratic governance framework are increasingly being undermined by counter terrorism[7] and anti-piracy operations. These are becoming the lens through which Kenya's security challenges are being measured by key donor countries such as the US and UK. The US government is proposing the expansion of aid to for East African military and police forces for training, equipment and weaponry at a time when reforms are lagging and PEV has not been addressed. While these issues appear separate from the mediation accord efforts, counter terrorism abuses ultimately undercut the efforts underway to instil the rule of law in Kenya and create a permissive environment for security force abuses.

Recommendations:

Insist on accelerated police reforms and training in preparation for the next general elections in keeping with the recommendations of task forces and commissions such as the Waki, Kriegler, Ransley and Alston.
The Kenyan police cannot be left to reform itself; international assistance and partnerships, particularly from countries in the region which have undergone major police and security sector reform, is critical.
Emphasise to donor governments to Kenya that all security sector assistance (particularly with regard to counter terrorism and anti-piracy efforts) should be undertaken within a democratic governance framework in order to ensure that Agenda 4 goals on security sector reform are not undermined
Insist that security sector reforms need clear independent monitoring and citizen oversight, especially regarding the implementation of the new legislation recently passed by parliament.

Judiciary

We note that:

One of the most promising and popular advances arising from the new constitution is the process of vetting of applicants for key public offices and of the existing judicial officers. It contains much potential for introducing accountability into the public sector and raising the bar for the integrity of public officials. The revamped Judicial Service Commission (JSC) and the Judges and Magistrates Vetting board are expected to radically reform the Judiciary and there is renewed public confidence in the judiciary and its ability to implement credible institutional reforms. However, there have been challenges in the recruitment of international members of the vetting board.
Currently judges and magistrates appear opposed to the vetting of the judiciary; they have challenged the Vetting of Judges and Magistrates Act as unconstitutional.
While the process of appointment of the current Chief Justice and Deputy Chief Justice was welcomed as transparent, that of the appointment of the Director of Public Prosecutions was criticized. The Constitutional Implementation Oversight Committee (CIOC) report on the process makes it clear that the appointment of the DPP was dogged by controversy which could not be resolved within the committee. The committee recommended the DPP’s appointment while calling for further investigations into the serious allegations raised against him. There has been no report of such investigations.

Recommendations

t is necessary to stress, to the Judiciary and the public that the overhaul of the judiciary is essential to restore public confidence both generally and specifically in the run-up to the next elections.
Emphasise that the envisaged public interrogation and vetting of candidates for high judicial office is a welcome break from the past. However the process should be protected against manipulation and abuse through the development of the procedures and regulations to ensure the just implementation of the Judges and Magistrates Vetting Act 2011. The government needs to further ensure that there is support for judicial reforms and that the process is not subject to undue influence by the executive.
Inquire on the progress of the investigations as recommended by the CIOC into the allegations presented against the Director of Public Prosecutions, which is the central office in prosecuting serious crimes, such as post-election violence and grand corruption, and whose credibility continues to be overshadowed by this unresolved problem.

In respect of further decisions reached under the National Dialogue and Reconciliation agreement:

Agenda item 2: Internally Displaced Persons

We note that:

There is much opacity in the government’s responses to IDPs. Complaints abound over the management of funds destined for IDPs. More openness is required in interventions for IDPs. Furthermore, there is ethnic and age discrimination in the responses towards supporting IDPs; whereas non-Kikuyu IDPs do not receive as much attention as they deserve, the older IDPs have been grouped together and do not receive appropriate support as they are not able to actively engage in economic activities.

Recommendations

Insist that the investigations with regard to all irregularities in the disbursement of funds for IDPs are pursued and concluded and that the culprit’s, especially the high level actors, be punished.

Agenda item 3: The Grand Coalition Government

We note that:

After delivering a new constitution and pushing through the first set of laws to help in its implementation, the Coalition Government is no longer speaking with one voice on key issues as the electoral season heats up. This is undermining progress on important aspects of the reform agenda.

Recommendations:

As the two Principals come to the end of their tenure there is still a need for a unified approach, especially with regards to the ICC process and the necessary preparations for the next elections. In your capacity as chief mediator in the KNDR process it would be necessary to address the ever-more obvious divisions in the coalition by publicly and privately raising the issue as a matter of concern.

Emerging Threats

We note the following that could pose a threat to social cohesion and stability:

With the rising cost of living and inflation expected to increase to 20+% by end of the year, the monetary policy tightening underway will make an already bad situation much worse. There is a limit to which people will take such stress before social tensions escalate.
Increased economic pressures will impact significantly on youth, risking their increased radicalisation and their availability for destabilising activities and negative political recruitment.
The above will be exacerbated by Kenya’s current military engagement in Somalia, which also poses the threat of increased insecurity and vulnerability to terrorist attacks.

(end/kptj/oct/11)

_______________________________________________________________________________

[1]The Commission on Implementation of the Constitution( CIC) 3^rd Quarterly report June-September 2011

[2]The Commission on Implementation of the Constitution(CIC)Audit on the acts of parliament. Annex 5 of the CIC 3^rd Quarterly report June-September 2011.

[3]The Political parties Act 2011 and the Elections Act 2011.

[4]The CIC made various recommendations to the Ministry of State for defence with regards to administrative measures that guarantee recruitment exercises that meets the Constitutional threshold as provided for underArticles 10, 27, 54, 55, 56 and 232 of the Constitution. Yet this was never put into any of the security sector billsnor has the Ministry taken any action towards ensuring that recruitment of officers is in line with the constitution.

[5]The National Police Actprovides for the independence of the Police Service from the executive, the involvement of the people in policing, devolution of police services, inculcation of human rights, including those of police officers, integration of accountability mechanisms, amongst others

[6] The Police Service Commission Act introduces professionalism and reforms in the National Police Service, including ensuring impartial and independent recruitment, appointments, promotions, and transfers in the police service. The NPSC is also responsible for maintenance of a fair disciplinary system. It will be involved in the recruitment and appointment of the new Inspector-General and Deputy Inspectors-General.

[7]Counter-terrorism abuses occurring in the region include illegal renditions and extraditions, mistreatment, secret detentions, fair trial abuses and harassment of lawyers and human rights monitors, including the notorious case of Al Amin Kimathi who was kidnapped and imprisoned in Uganda for about a year.

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Statement by H.E. Kofi Annan on conclusion of his visit to Kenya, 21 October, 2011

admin — Fri, 21 Oct 2011 11:00:00 +0000

1. Over the last two days, I have had the opportunity to meet with members of the Government and other key stakeholders, to discuss the continued progress being made to implement the broad reform agenda, which was initiated after the signing of the National Accord.

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2. The implementation of the Constitution, promulgated on 27 August, 2010, remains ongoing, and there have already been significant achievements.

3. The transformation of the judiciary is underway.

4. Key legislation to reform the police has also been prioritised, aiming to create an independent police service, a National Police Service Commission and an Independent Police Oversight Authority.

5. These positive steps bring with them the peoples’ expectation of visible improvements in service delivery, however, effective institutional reform will take time and require sustained political will.

6. It is important to note that many significant constitutional reforms lie ahead, key among these being the implementation of devolved government.

7. The transition from central government to one national and 47 county governments requires a massive reshaping of policy, institutions, but perhaps most importantly, a mind shift across the board. It is a process that requires active and meaningful public participation across the country, to ensure that it is truly owned by the people.

8. In this connection, I wish to recall the importance of a countrywide civic education programme. Such a programme must receive the necessary political and financial support from the government, and should be done in full cooperation with the private sector, civil society and the religious community. I also encourage the international community to contribute to these efforts.

9. As the implementation process continues into its second year, I would wish all stakeholders to remain mindful of section 1(1) of the Constitution: that all sovereign power belongs to the people of Kenya, and encourage them to ensure that principle remains paramount as the country moves forward.

10. The constitutional provision of gender representation in elective and appointive bodies is an important one and must be implemented fully and effectively.

11. I have taken note of the ongoing debate concerning the date of the next General Election. It is important that the matter be settled quickly and in accordance with the letter and spirit of the Constitution to remove uncertainty. Similarly, constituting the Independent Electoral and Boundaries Commission (IEBC) remains critical.

12. The discussion on elections must, however, begin to shift to focus on preparedness. Kenya must ensure that in all aspects: technically, legally, politically and institutionally, it is ready to carry out free, fair and credible elections.

13. On the issue of national healing and reconciliation, I am concerned that, more than three years after the post-election violence, we have not made as much progress as the people expected. The continued presence of IDPs in our midst constitutes an open wound which leaders have not healed.

14. The work being undertaken both by the Truth, Justice and Reconciliation Commission (TJRC) and the National Cohesion and Integration Commission (NCIC) in this regard, and their efforts to reinforce each others’ work is positive.

15. I am also encouraged that there are new initiatives, supported by other actors, including the private sector, to foster a sense of national identity and to promote cohesion and reconciliation.

16. Finally, I wish to underline the challenge that Kenya faces on its northeastern border, which has led to the recent deployment of Kenyan troops. It is important to underscore that this conflict should not be the concern of Kenya, nor the region, alone. The situation is the responsibility of the broader international community and I appeal to them to increase their support for regional efforts to stabilize Somalia and help re-build its institutions of governance.

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