Nipate
Forum => Kenya Discussion => Topic started by: Simanova on June 16, 2016, 05:00:56 PM
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Today marks the third day of incommunicado detention of Senator Johnstone Muthama, Hon Junet Mohamed, Hon Aisha Jumwa, Hon Timothy Bosire and Hon Florence Mutua, elected leaders of the Republic of Kenya and SONU Chairman Babu Owino.
VIOLATIONS OF RIGHTS OF ARRESTED CORD LEADERS:
1. Access to an advocate of choice is a right protected under Article 49(1) (c). This is part of the right to fair trial under Article 50. It is important to note the right to a fair trial is one of those rights that cannot be derogated upon. Our leaders have been held at Pangani and were and continue to be denied right to freely access Advocates.
2. Right to be brought before a court as soon as is reasonable and at any rate not later than 24 hours. Babu Owino was arrested On Tuesday at 11:00am and held at Kilimani for over 24 hours he was only brought to court on Wednesday at 1:00pm.
3. Access to food and water. This is a basic human right not only under the Constitution but also under United Nations Conventions. These leaders have been denied food and water yet Hon Junet Mohamed and Hon Aisha Jumwa are fasting and require to observe their religious obligations. Their relatives have been unable to visit them.
4. Access to medication; some of those held suffer from serious medical conditions ranging from high blood pressure, diabetes and other ailments. Inspite of being notified of the same, the police have denied their relatives the chance to visit them with medication.
5. Rights of arrested persons. These leaders have not yet been charged and are presumed innocent, that is a presumption up held by the constitution and even when formally charged are still presumed innocent. The manner in which these leaders were arrested such as what was meted upon Hon Junet Mohammed by flying squad without so much as a formal summons amounted to abduction and was unconstitutional.
6. The continued holding of these leaders without access to advocates and relatives amount to detention as they are being held incommunicado. This is unconstitutional.
7. Bail is a right under the constitution and can only be denied under very exceptional circumstances and in respect of some or all of these leaders those exceptional circumstances have not been established.
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We wish to draw the attention of Kenyans and the international community to the crisis of governance that is taking roots in our country.
This crisis is taking the form of a slow but steady slide to dictatorship through a crackdown on free speech in the name of national security and public order.
The move has taken a more ominous turn as the government has struggled to prevent the release and dissemination of incriminating evidence concerning corruption involving top government officials.
The efforts have included the push to undermine the independence of the judiciary, to stifle freedom of the media, and the peddling of various conspiracy theories to blackmail and silence critical voices.
One such conspiracy theory came from the Ministry of Interior a few weeks ago that CORD is working with regional states to destabilize the country, a claim that has never been substantiated and for which no one has been arrested and charged. We have seen new, restrictive moves against social media activists in ways that are undoubtedly authoritarian and repressive.
This pattern is definitely a hint of desperation. But it poses grave danger to our stability and basic and fundamental freedoms as we race towards election in a year’s time and well into the future. Some of what we are witnessing amount to the suspension of the constitution, illegal declaration of state of emergency and emergence of rule by decree.
Kenya is sliding into a society in which the government is directly threatening opposition politicians, depriving them of freedom of speech and assembly in public and other places, as well as fabricating trumped up charges against opposition leaders. Persistent threats have become everyday things in the life of the opposition. Everybody who calls for accountability, equity, fairness in government immediately becomes an enemy of the regime.
A few days ago a Member of Parliament called for Rt. Hon Raila Odinga’s assassination. In Nakuru, a Member of Parliament called for the forceful eviction and relocation of members of other communities from the town and its environs. In both cases, the Jubilee regime saw no need to act, until our members protested.
Then the Members of Parliament who called on the State to guarantee the security of all Kenyans and challenged the President to play his rightful role as everyone’s president became accused of hate speech. Together with their colleagues whom they had complained against, they have been held incommunicado, essentially unofficially detained without trial.
We are not going to waste time blaming individual leaders and institutions of government. The current state of the arbitrary exercise of power and disregard of democratic principles falls on the feet of the President.
The author of the political repression and reckless violation of the Rule of Law and the Bill of Rights is the tenant at State House. He has transformed the police force into a personal militia ever on the ready to interfere with legitimate political activity and encouraged the subversion of constitutional organs ranging from the Judiciary, Parliament and independent office and commissions.
Under the circumstances, CORD demands the immediate release of all its members of Parliament without charge or any other conditions failure of which we shall undertake the following:
1. We will resume our national demonstrations and protests on Monday, 20th June, 2016.
2. We will cease all engagements in dialogue in respect of IEBC and instead intensify the demonstrations and protests.
3. We will declare the CORD legislators to be political prisoners and hold a public meeting and a vigil at the Freedom Corner on Saturday, 18th June, 2016.
4. We shall hold a prayer service for our political prisoners in Machakos town on Sunday 19th June, 2016.
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Selectively using the constitution in all its glory, eh?
When it's about the IEBC and how to throw out the commissioners in a shoddy manner, out the window it goes.
When it's about like-minded compatriots being held in a shoddy manner, it's the best thing since sliced whatever.
The 4th Earl of Sandwich would be ashamed.
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What are you trying to say? You seem to be decrying double standards only I see no issues. The IEBC vs Like minded compatriots being held in a shoddy manner...".
Selectively using the constitution in all its glory, eh?
When it's about the IEBC and how to throw out the commissioners in a shoddy manner, out the window it goes.
When it's about like-minded compatriots being held in a shoddy manner, it's the best thing since sliced whatever.
The 4th Earl of Sandwich would be ashamed.