CORD Statement on Detained MPs

[Simanova]

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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.

[Simanova]

[Simanova]

[Simanova]

[Simanova]

[Simanova]

[Empedocles]

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.

[Simanova]

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.