A photo collage of Former Chief Justice Willy Mutunga on March, 25, (left) and Interior Cabinet Secretary Kithure Kindiki in Garissa on July 4, 2023 (right).
Former Chief Justice Willy Mutunga on Friday, July 7, called out Interior Cabinet Secretary Kithure Kindiki and Attorney General Justin Muturi over police brutality meted on protestors during the Saba Saba demonstrations staged by the Azimio coalition.
Speaking in Nairobi, Mutunga opined that the duo, by virtue of their rich experience in law, should be the ones advising and guiding the Inspector General of Police Japhet Koome and his troops on how to handle protestors.
He asserted that the duo had immersed themselves into their political careers and forgotten about their cardinal responsibility which is to give the government sound legal advice and serve Kenyans diligently.
According to the retired Chief Justice, the government's move to arrests protestors arbitrarily was unnecessary considering that they had not broken the law.
Kindiki is a professor of Law with a background in International Human Rights Law and Democracy from the University of Pretoria, South Africa.
Muturi on the other hand served as Principal Magistrate at the Nairobi Law Courts from 1983 - 1997.
"They have become politicians and forgotten about their law. In my view, those are the people who should be telling the IG what the Constitution says. The government will actually look very good if the police protect people to demonstrate.
"The police ought to protect the protestors and not arrest them. We have a police force that is not decolonised. The IG should be told about Articles 37 and 238 of the 2010 Constitution of Kenya," he stated.
Article 37 touches on the right to assembly, demonstration, picketing and petition while 238 touches on principles of national security including how the police should handle Kenyans in such scenarios.
"National security shall be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights and fundamental freedoms and in performing their functions and exercising their powers, national security organs shall respect the diverse culture of the communities within Kenya," reads the Article in part.
Additionally, Mutunga acknowledged that the time had come for the security agencies to be held accountable for manhandling protestors to tame the overzealous policing witnessed in recent years.
The former CJ made the remarks while in the company of activist Boniface Mwangi as they bought foodstuff and other basic commodities for activists arrested during the Saba Saba rally.
The duo, flanked by other lawyers also lobbied for the release of the arrested protestors but their efforts did not yield fruit.
According to civil societies, over 17 activists were arrested by the police in Nairobi. Various agencies such as Amnesty International and the Civil Freedom Forum demanded for their release. By Washington Mito, Kenyans.co.ke
The United Nations Children’s Fund (UNICEF) expressed concerns about the grave implications of the Sudanese war on children as it opens new fronts in Sudan.
In his briefing to the council, the Deputy Executive Director of the United Nations Children’s Fund (UNICEF), Omar Abdi, said hundreds of children have already died while approximately 21 million children in Sudan were at risk.
“More than one million children have now been displaced by the fighting, and the UN has received credible reports, under verification, that hundreds of children have been killed and injured,” he said.
He hailed the UN mandate on Children and Armed Conflict for pushing the armed groups to release about 180,000 boys and girls in the past 23 years.
“As the number of countries on the children and armed conflict agenda grows, so too does the number of children in need of our protection and support,” he said while urging for more international support for UN efforts.
The UN Secretary General’s Special Representative for Children and Armed Conflict, Virginia Gamba, also appealed for a bold and resolute step to be taken to protect boys and girls who are exposed to the risk of death, recruitment, and rape, among other horrors.
“Children were killed or injured in airstrikes, by explosive weapons, by live ammunition, in crossfire, or in indirect attacks. In many cases, they fell victim to explosive remnants of war,” she said.
New fronts
The conflict in Sudan has been gory, with numerous ceasefires that have not left a window for the humanitarian corridor or a halt to the conflict.
El Pais reported yesterday that the war had extended numerous atrocities to Darfur, with much concentration on El-Geneina, leading to an aggravated humanitarian crisis and human rights violations.
Since the war started on April 15, 2023, numerous reports have been released by UNITAMS and other international observers portraying how the implications of the violence had far-reaching negative impacts on Sudanese children and women.
Concerns of possible genocide and other gross human rights violations heightened and are claimed to have been committed in Darfur by the Rapid Support Forces commanded by Mohamed Hamdan Dagalo.
The government forces had also been accused of shelling and aerial bombardments in populated areas in Khartoum and its periphery, which have claimed the lives of innocent civilians.
No Closest help
A number of countries have demonstrated their interest in mediating the conflict in Sudan.
On Monday, Sudanese political, civil, and professional leaders approached President Yoweri Museveni in the State House in Uganda to push for the settlement of the conflict once and for all.
After the meeting, Museveni wrote on his official Twitter handle that he was bound to assist using the AU and IGAD peace and security mechanisms to bring an end to the conflict.
The Jeddah 72-hour ceasefire brokered by the U.S. government and the Kingdom of Saudi Arabia ended last month, and so far nothing has been heard about its progress.
The IGAD promised to hold a face-to-face meeting with the warring parties to end the deadlock, but the Sudanese government rejected the mediation offer twice on the ground that they did not want Kenyan President William Ruto to be the mediator but President Salva Kiir.
Earlier in the week, the Deputy Chairman of the Sudan Transitional Sovereign Council, Malik Agar, said the Sudanese government had welcomed the mediation process led by the Federal Republic of Russia.
The Russian government pledged support, stressing the need for a Sudanese-owned mediation process. By Mamer Abraham, The City Review
MANDERA, Kenya, July 6 (Xinhua) -- A suspected al-Shabaab suicide bomber was killed and eight Kenyan police officers were wounded in separate incidents near Kenya's border with Somalia on Wednesday.
In the first incident, the militants ambushed and injured at least eight elite police officers from the Special Operations Group on Wednesday evening in Mandera County in northeastern Kenya, a police officer who declined to be named said over the phone on Thursday.
The police officer said the elite team was pursuing the gang when they were attacked with a rocket-propelled grenade.
The attackers fled the scene after the attack. The police officers were rescued to a local hospital before they were transferred to the national capital of Nairobi, the police officer said.
Earlier in the day, Kenyan troops at a camp in Sirari, Lamu Country in coastal Kenya, killed one suspected suicide bomber who had attempted to stage an attack on the facility. The suspect was found ringed with a suicide vest after he was killed, the police said.
The security team said it brought down a drone belonging to the terrorist group, which was on a surveillance mission at the camp, and minutes later, it detected a stranger trying to access the camp and confronted him with gunfire.
Kenyan security agencies have ramped up their war against al-Shabaab militants operating at the border region with Somalia. The recent attacks have forced the government to suspend plans to reopen the Kenya-Somalia border.
Kithure Kindiki, cabinet secretary for the Ministry of Interior and National Administration, said on Wednesday that the move follows an increase in terror-related attacks along the border in the past month that have claimed more than 30 lives, most of them being security officers.
"The government will delay the planned reopening of Kenya-Somalia border points until we conclusively deal with the recent spate of terror attacks and cross-border crime," Kindiki said in Garissa County. - Xinhua
Paul Makenzi at the Shanzu Law Courts on June 2, 2023.[Omondi Onyango, Standard]
A company claiming to own the Chakama ranch has denied selling the Shakahola forest land to controversial Pastor Paul Makenzi.
Chakama Ranching Company Limited told Senate Ad hoc Committee investigating the Shakahola deaths yesterday that it has never interacted with Makenzi nor sold any portion of the 100,000-acre of land.
There were allegations that the controversial pastor acquired the land where his church stands for Sh100,000. Chakama Ranch’s lawyer, Philip Kaiungi, said directors of the firm were only aware of squatters within the farm and Makenzi is one of them but they did not follow up their activities.
“The parcel of land known as LR.NO.13472/1 Kilifi is registered in the name of our client, Chakama Ranching Company Limited. Further it’s our client’s instructions to inform this committee that the shareholders of the company have neither been party to the activities of the Good News International Church led by Paul Makenzi Nthenge nor acquiesced to the said activities or any form of encroachment on their private property whatsoever,” he said.
The private limited liability company was incorporated on February 11, 1976 with key objectives of carrying out multi-sector agricultural activities, which the lawyer said included dealing in animal produce and livestock breeding.
The firm has 50 shareholders and as at April 18, 2015 the names of the directors were Daniel Kitsayo Baya, Alfred Mukare Mwathethe, Rachael Furaha, Amina Harith, James Mulewa and Dickson Ngowa. In 2007, the government through the settlement fund trustees approached the directors and shareholders with intention of purchasing 50,000 acres of land to settle squatters.
The two sides entered an agreement and the land was subdivided between the ranch and the government leaving 50,000 acres that is now owned by the company.
“By a sale agreement dated May 10, 2007 and signed between the company and the trustees comprising of 34,821 acres and LR. Number 13472/6 comprising of 15,638 acres for a total of Sh108,600,000 which translated to approximately Sh2,172 per acre,” Kiaingi said.
This even as it emerged that the shareholders are no longer in control of the property after the company was put under receivership for non-payment of Sh15 million to a law firm.
It was because of the huge debts that the company was put under receivership by one Mark Gakuru the receiver who is said to be a government official.
Lawyer Diana Mumo, said Gakuru’s responsibility is to ensure the company pays off the debts owed to two creditors. She further said as of now all assets of the company are vested on Gakuru; “A High Court sitting on February 2016 officially constituted a liquidator,” she said.
On how Makenzi moved into the land, the committee heard that there have been squatters in and out of the land and the company had reported the matter to the police but it was never acted upon.
“On August 4, 2021, our clients made a report at Lango Baya police station vide OB no 04/04/08/2021 at 12 pm concerning the encroachment on their private land by squatters. Our clients received verbal assurance that the police would investigate the matter and revert however, that never happened,” said the company’s advocate.
However, the Danson Mungatana-led committee failed to understand where the squatters were during their visit to the land.
“Chair we were there and we toured the farm but never saw even a single squatter perhaps they should take us and show us where they are,” said Senator Shakil Abdalla.
The lawyers however did not disclose whether Makenzi’s church is located on the government or company’s land. By Grace Ng’ang’a, The Standard
Amnesty International Director Irungu Houghton gives his presentation before the Senate ADHOC Committee investigating the Shakahola deaths at Parliament on July 5, 2023. [Boniface Okendo, Standard]
Human Rights organisatoions have accused the government of failing to protect the rights of Pastor Paul Makenzi's followers leading to deaths of more than 339 in Shakahola forest, Kilifi county.
The Senate Ad Hoc Committee investigating the proliferation of religious organisations and Shakahola deaths was yesterday was holdoing sittings where the Amnesty International, Law Society of Kenya and Kenya National Human Rights Commission made presentations.
The organisations said that it was inexcusable that Good News International Church founder Makenzi was released with no follow-up after being arrested and charged with radicalisation as far back as 2017.
Amnesty International Kenya Executive Director Irungu Houghton told the Committee Chaired by Tana River Senator Danson Mungatana that concerns of radicalisation of followers by several Christian and Muslim leaders have seen no evidence of effective oversight by security agencies or funding and support for countering violent extremism.
“While the state lapses must be investigated and individual and, where necessary, group culpability for omissions and commissions that have led to this catastrophe, we urge the Senate not to infringe on the full protection and realisation of the freedom of conscience, religion, thought, belief, and opinion as enshrined in Article 32 of the constitution,” said Houghton.
Amnesty International Kenya advised the committee to avoid a knee-jerk reaction to the Shakahola massacre and carefully weigh several constitutional articles within the Bill of Rights arguing that internationally the freedom of conscience, religion, thought, belief and opinion is protected.
Houghton said that by June 27, 339 bodies had been recovered from the Shakahola forest, representing the most tragic violation of the right to life with Makenzi reportedly having appointed marshals to prevent people from escaping or rescinding their decision to move to Shakahola forest which amounts to restricting the right of protection from torture and the right to protect their human dignity.
Law Society of Kenya President Eric Theuri told the committee that religious indoctrination is a complex and controversial issue that requires careful considerations, saying that while the freedom to practice one’s religion is a fundamental human right it becomes problematic when it involves the manipulation and coercion of individuals especially vulnerable populations.
The LSK President said that there was need to strike a balance between respecting religious freedom and protecting individuals from harmful practices associated with indoctrination with education and awareness programs playing a critical role in this.
“Empowering individuals to think critically, make informed choices and challenge dogmatic beliefs, having the requisite legal frameworks should be developed and enforced to safeguard individuals from coercive and harmful practices in Kenya,” said Theuri.
He informed the committee that the Societies Act does not expressly state who may register a church which means any person regardless of their theological background can do that with the absence of a requirement inviting all persons including con artists to apply for registration.
Theuri explained that although the Act provides for registration of churches, the process fails to adequately address the issue of transparency and accountability by religious leaders with the lack of accountability not only concerning their actions but also the funds collected from members of their congregation.
He said that while churches have also put some self-regulatory mechanisms in place by having umbrella bodies, this self-regulatory mechanism is not sufficient enough to protect persons from abuse by errant religious leaders.
“There is need to review and update this legislation and the Penal Code to reflect the emerging issues to deter individuals and groups from exploiting religious rights, committing fraud, engaging in human rights violations through the harmful practices or causing harm to individuals or society at large in the guise of religion,” said Theuri.
The LSK President called for a comprehensive framework for religious organizations to make registration for all religious groups operating in Kenya mandatory saying this will foster transparency, accountability and facilitate efficient scrutiny of religious activities to ensure compliance with national laws and human rights.
Theuri said religious organisations need to provide comprehensive information, including their leadership structure, sources of funding and purposes of spiritual practices, as part of the registration process since this ensures transparency, prevents illicit activities and provides a basis for effective oversight and regulation.
He said that there is need to engage relevant stakeholders including religious leaders, human rights activists and legal experts to gather diverse perspectives and insights for the proposed legislative reforms ensuring that public participation will not only enhance the legitimacy of the proposed reforms but also address concerns, maintain balance and generate collective support for safeguarding religious activities in Kenya.
“There is need to establish an independent regulatory body, preferably an Inter-Religious Council, tasked with supervising registered religious organizations, investigating complaints, and addressing breaches of existing laws or regulations,” said Theuri.
He told the committee that an independent regulatory body would foster a collaborative approach between the state and religious organisations while ensuring public trust, protecting vulnerable members of society mitigating radicalization, and promoting harmony among diverse religious groups.
KNHCR Commissioner Miriam Mutugi said that the exhumation of more that 360 bodies has been done professionally and it was disturbing that the activities of Makenzi had been suspect for the last five years with little action taken to stop the massacre.
Ms Mutugi called for proper and effective rehabilitation of victims rescued from Shakahola forest. She regretted that the condition in which Makenzi's followers were being held in Malindi Prison was deplorable with some of them sleeping on the floor in a facility with a capacity of 650 people but now holding 850 people.
“We are calling on the relevant government agencies to facilitate the Shakahola survivors to get their certificates and other documents and work towards deradicaliising this people since most of them are suffering from mental illness which calls for treatment and not incarceration in prison,” said Mutugi.
The KNHRC said that from the information they got the security agencies had been alerted about the suspicious activities in Shakahola forest and it was strange that no action was taken to prevent the catastrophe. By Edwin Nyarangi, The Standard
Informer East Africa is a UK based diaspora Newspaper. It is a unique platform connecting East Africans at home and abroad through news dissemination. It is a forum to learn together, grow together and get entertained at the same time.
To advertise events or products, get in touch by info [at] informereastafrica [dot] com or call +447957636854. If you have an issue or a story, get in touch with the editor through editor[at] informereastafrica [dot] com or call +447886544135.
We also accept donations from our supporters. Please click on "donate". Your donations will go along way in supporting the newspaper.
