KENYA

Reports on Ethnic Relations  /  Rapports sur les relations éthniques

The following section is consisted of part, full or summaries of articles from diverses sources (newspapers, newsletters, etc...).
La section suivante est constituée d'exraits, de la totalité ou de résumés d'articles provenant d'origines diverses (journaux,bulletins, etc..).

01 / 29 / 2004

THE NATION (Kenya)

"Central Government duties are spelt out at constitutional conference" (Odhiambo Orlale)

Foreign affairs and international trade matters will be handled by the national government, while regional governments will deal with some aspects of internal security, education, health and other social services.

Prof Peter Wanyande, the dean of the faculty of arts at the University of Nairobi, told delegates that devolution of powers was an international trend and should be embraced.

Presenting a paper on the implications of a devolved system to the technical committee on devolution, chaired by Karachuonyo MP, Dr Adhu Awiti, the dean said for security reasons there will be a need to have a national police force, but supplement it with regional ones at the regional and district levels.

Prof. Wanyande expressed confidence that such a system would ensure that the police are efficient and are fully accountable for their actions.

The proposal has also been embraced by Nairobi Mayor, Joe Akech, who has been campaigning for a metropolitan police to take over the roles being played by the Nairobi City council inspectorate department.

01 / 18 / 2004

THE NATION (Kenya)

"Secret manoeuvres keep constitutional talks on course" (Oscar Obonyo)

Initial hitches and misgivings notwithstanding, the third phase of the constitutional review conference is steadily on course – thanks to behind-the-scenes efforts by political leaders.

As the process stretches on its final leg, the determination of delegates to deliver a constitution is outrightly evident with political factions networking, probably in the hope of stealing credit from the ruling coalition for political mileage, come the 2007 election year.

"The process has reached a critical stage and only one thing can happen to it now – move to a conclusive end," says Mr Chris Okemo, a candidate for the seat of national chairman of Official Opposition party, Kanu. Anything short of that, observes the former minister, is tantamount to inviting the wrath of Kenyans.

In a last-minute give-and-take arrangement, operatives from LDP and NAK, the main feuding Narc affiliate parties, are said to have brokered a deal that would cater for what appears to be short-term political interests.

The deal followed a series of night consultations between senior officials of LDP and ministers allied to NAK, according to a source who talked to the Sunday Nation. In the deal, proponents of the executive Prime Minister's post were persuaded to go easy on the clause that limits the age of a Presidential candidate to below 70. LDP understandably gave in in return for executive PM's powers as reflected in the draft constitution.

Contrary to word going round among some delegates, the Sunday Nation established that Kabete MP Paul Muite was not part of the negotiating team. Having come out rather openly as a NAK sympathiser, it was decided that other operatives broker the deal and do the lobbying among delegates.

While some delegates confess ignorance over the deal, others agree that events at Bomas were moving pretty fast and in a rather scripted manner.

And, in a show of faith, the government, through Justice and Constitutional Affairs minister Kiraitu Murungi, has given an assurance that it will not interfere with the process. Mr Murungi, however, concedes that the government was still talking with various groups to strike a consensus over various contentious issues.

Without naming names, Prof Kivutha Kibwana separately confirmed that lobbying started a week ahead of Bomas III, following a secret meeting in Mombasa of two representatives from every district and two senior Parliamentary colleagues to chart "a Bomas plot". As the behind-the-scenes drama climaxes, most politicians and political pundits agree that the ruling coalition might have played into the hands of its opponents.

Unfortunately for Narc, this is the hour not to focus on the review progress, but rather to identify the enemies of the exercise. Kanu insiders, for instance, believe their 40-year-old rule came to a humiliating end because of the party's failure to heed the people's voice. Lately, Narc has made desperate attempts to redeem itself. Earlier it opted to work with Kanu and Ford-People opposition parties under the Coalition for National Union (CNU) aegis.

Sources hinted to the Sunday Nation that there had been frantic behind-the-scenes efforts to have the CNU resolutions presented to delegates at Bomas.

In fact it is believed that the Safari Park deliberations were hatched out of an understanding between NAK and CNU. Mr Murungi even conceded that the only hope for the Bomas talks lay in the CNU initiative.

That, indeed, the two political entities have been warming up for each other was almost confirmed by nominated MP Mutula Kilonzo's caution to CNU against forming a government with NAK.

Westlands MP Fred Gumo claims that CNU and NAK are lobbying for similar interests. Kanu, says Mr Gumo, is particularly still bitter with LDP members for ditching the party at a crucial time.

Former Finance assistant minister Mathias Keah, however, insists that the deal "was not yet sealed with NAK".

The CNU Safari Park talks may have been brushed aside, but the forum was a good precursor as it helped to calm tempers at Bomas III.

Kilome MP Mutinda Mutiso largely credits CNU efforts for creating a "friendly and tolerable atmosphere" for the current deliberations, particularly among NAK and LDP allied MPs.

Indeed, it appears consensus building is getting massive support. Nearly 20 foreign missions have applauded the opening of Bomas, particularly consensus building initiatives aimed at fostering understanding among participants.

01 / 05 / 2004

THE NATION (Kenya)

"Narc summit split over Kibaki one-party move" (Bernard Namunan)

Concern over an expanded Narc Summit yesterday dominated a crucial meeting expected to discuss the controversial call for dissolution of coalition parties.

Some members of the original Narc summit attending the meeting chaired by vice-president Moody Awori were opposed to the expansion, claiming they had not been consulted on the choice of additional members.

Roads, Public Works and Housing minister Raila Odinga and Foreign Affairs minister Kalonzo Musyoka are said to have questioned the increase in the summit membership.

Yesterday’s meeting was the first attempt at a summit sitting since President Kibaki controversially claimed that all parties affiliated to Narc had become “obsolete” and were no longer officially registered.

The announcement drew immediate reaction, with the Liberal Democratic Party – which together with Mr Kibaki’s National Alliance (Party) of Kenya formed Narc – declaring that only a delegates’ conference could disband the party.

Officials of Ford Kenya, one of the affiliates of NAK, similarly retorted that they would not dissolve their party.

At yesterday’s meeting, Mr Awori and Cabinet ministers George Saitoti (Education), Charity Ngilu (Health) and Kipruto Kirwa (Agriculture) supported the move to expand the Summit as agreed at the Nanyuki Accord.

The Narc summit holds the final say on whether or not the member parties will be dissolved as suggested by the president. Its decisions are arrived at through simple majority. In the expanded summit, those seen as pro-NAK are now 11 to pro-LDP’s four.

Mr Awori as the chairman is regarded as neutral.

Opposition by Mr Odinga and Mr Musyoka to the composition of the expanded summit arises from a belief that it is tilted in favour of NAK and would vote for dissolution.

If the Summit endorses dissolution of the 15 parties forming Narc and paves the way for individual membership, the Liberal Democratic Party (LDP) may have to abandon their own elections.

Sources said the LDP was opposed to the inclusion of Labour minister Ali Chirau Mwakwere and Livestock Development assistant minister Mohamed Ahmed Khalif.

The Summit was expanded after President Kibaki relinquished his position on the summit and the after death of Vice President Michael Kijana Wamalwa.

Mps Otieno Kajwang and Joseph Kamotho questioned the rationale of expanding the Summit to include leaders who were not presidential candidates in the last election.

“Since the MoU was not honoured, what business do we have in having an expanded Summit,” Mr Kajwang is reported to have said at the three-and-a-half hour meeting.

At one point, Mr Kamotho’s opposition to the expansion was countered by Mr Mwakwere, who reportedly asked him on what basis he was speaking for LDP yet he had not been appointed the secretary-general.

Earlier, the six original summit members met separately and agreed that, while recognising there were still issues to be resolved, they could endorse new members.

Mr Awori had reportedly called the original six aside before the matter was presented to the whole meeting.

The smaller talks, which also took place at Mr Moody’s Lavington home, lasted close to an hour and reportedly ended when it became apparent those opposed to expansion were a minority.

Sources said that at the end of the session, described as “stormy”, the factions agreed that they would be equal partners in the coalition, would work together and respect each other despite their differences.

The meeting ended at 4 pm and all the members declined to field questions from the press.

NAK Mps retreated to a hotel on Lenana Road while Mr Odinga and his allies went to officiate at the opening of an LDP office on Enterprise Road in Nairobi’s Industrial Area.

The resolution to expand the Summit was made during the April Narc retreat held at the Mt Kenya safari Club in Nanyuki, held to prevent wrangles between LDP and NAK destroying the coalition.

Mr Awori, addressing the Press, said they met to endorse expansion of the Summit from the original six to 16 members.

It came only a day after the LDP had held a much-awaited meeting at the Holiday Inn in Nairobi and agreed to attend the talks.

“We met today to formalise the expansion of the Summit from the original six to sixteen. NAK/LDP membership is now equally represented,” Mr Awori said.

The VP said the new team would meet next week to discuss implementation of the resolutions.

Yesterday’s meeting was only the second Summit parley since the Summit was expanded to 16 members.

LDP spokesmen have made it known they are not interested in Narc elections and are preparing for their on their party poll.

“We are prepared for anything,” LDP’s Joe Khamisi said prior to the meeting. “Matters have reached crisis proportions.”

Yesterday’s stalemate forced the six original Summit members – Mr Awori, Prof Saitoti, Mr Kirwa, Mr Odinga, Mr Musyoka and Chrity Ngilu – to meet separately for one hour before joining other members.

New members on the Summit are ministers Musikari Kombo (Regional Development), Dr Chris Murungaru (National Security), Mr Kiraitu Murungi (Justice and Constitutional Affairs), Mr Karisa Maitha (Local Government) and Prof Anyang’ Nyong’o (Economic Planning).

Others are Maina Kamanda, Mohammed Khalif, Otieno Kajwang and Joseph Kamotho.

Mr Maitha was absent from yesterday’s meeting as he was at St Paul’s Kaloleni attending a church service with President Kibaki.

THE EAST AFRICAN STANDARD (Kenya)

"Government admits failure in treatment of squatters" (Joseph Murimi)

The Government has admitted that the decision to evict squatters from gazetted forest land was implemented without adequate consultations.

Some of the problems being experienced by the squatters were not anticipated, says Prof Wangari Maathai, Environment and Natural Resources assistant minister.

The squatters have not removed their crops from their farms, and the food will now go to waste.

She said the Government should have organised consultative forums with the squatters to find the best way to effect the eviction.

She made the remarks after she was confronted by her Tetu constituents, who said their crops had been stolen.

“This is a totally new dimension. We did not anticipate that some individuals would sneak back to the forests and harvest other people’s produce,ÿ
94 she said.

She was speaking at the Wamagana Catholic Church in Tetu during a meeting she had convened to educate coffee farmers on the need to form strong co-operative unions. Next week, the minister said, she would call a meeting with the squatters from her constituency and neighbouring areas to discuss the matter.

The Government had pledged to protect the farmers’ produce until it was ready for harvesting, but it did not do it.

But the minister concedes that it is impossible for the Government to police all the farms because they are scattered all over the Aberdare Forest.

Nevertheless, hundreds of squatters have continued to move out of the Aberdare and Mt Kenya forests for fear of eviction.

Many of them are stranded with their livestock, which they are selling at throw-away prices for lack of grazing land.

In Tetu, a cow worth Sh30,000 is being sold for as little as Sh6,000.

INTER PRESS SERVICE (IPS)

"Government drags its feet over demands to probe past abuses" (Joyce Mulama)

Rights groups in Kenya are faced with a daunting task of persuading the government of Mwai Kibaki to adopt a Truth, Justice and Reconciliation Commission.

A task force, appointed by government last year following pressure from civil society, found that 90 percent of Kenyans backed the formation of a Truth, Justice and Reconciliation Commission (TJRC).

But the government, which received the task force’s findings in Sep. 2003, seems to be dragging its feet over demands to set up the commission.

Rights campaigners say the establishment of a TJRC will guard against future abuses. ”It will definitely act as a deterrent since it will bring to light past crimes against humanity and even name the perpetrators,” remarked Wangui Mbatia of the Kenya Human Rights Network.

She said a reconciliation commission was necessary to bring about the much needed healing, especially among torture survivors.

Mbatia’s remarks come in the wake of a preliminary report released Dec. 19, outlining human rights abuses in Kenya.

The ‘Torture Status Report’ has recorded 294 cases of torture in the one year that President Kibaki has been in power, against 100 cases in the same period in 2002.

Out of the 294 cases, ”90 percent of injuries documented were caused by beatings with blunt objects under police detention”. Twenty five suspects later succumbed to death in hospital, said the report, compiled by ‘Independent Medico Legal Unit (IMLU), a non-governmental organisation based in Nairobi.

President Kibaki, who won elections on the ticket of the National Rainbow Coalition (NARC), succeeded Daniel arap Moi on Dec. 31, 2002. In his inauguration speech, he promised to observe human rights and end the culture of impunity, political and civil repression that had characterised Moi’s 24-year rule.

”However, since NARC came to power, there have been undercurrents that the Kibaki administration is no different from its predecessor after all,” said IMLU’s Evans Wafula.

Torture is carried out once a person is arrested and placed under police custody. ”About nine suspects have been tortured and killed in custody, while at least one person was found executed while still handcuffed and dumped by the roadside,” said the IMLU report.

”There are a lot of unexplained killings by police, death in custody and other abuses. This is happening because these incidents are not considered to be systematic abuses,” Mbatia noted.

”The torture may not always be state sponsored but it is a fact that there is very little being done by the government to contain abuses by police,ÿ
94 she told IPS in an interview.

Efforts to seek comments from government officials have been fruitless since last week.

Human rights campaigners have warned of an escalation in torture cases if government ignored calls for a TJRC.

”This is the only way the country can move forward. Although we must draw a clear line between truth and reconciliation, and retribution,” observed Ababu Namwamba of the Chambers of Justice, a non-governmental organisation, which campaigns for equality.

”If we go the vengeance way, we will be putting the country on fire which we will not be able to put off. We want justice with a human face; to know the truth, pinpoint the perpetrators. It is a painful process but it will promote national healing. We must follow in the footsteps of South Africa,ÿ
94 he added.

A Truth and Reconciliation Commission in South Africa was formed in 1995 to look into gross human rights abuses administered by the apartheid regime, which ruled South Africa for decades until 1993.

Under the chairperson of former Anglican Archbishop of Cape Town, Desmond Tutu, the commission recommended reparation for victims.

”If we choose retributive justice, we will be encouraging a culture of violence or tit-for-tat in coming generations. We must look at all these issues objectively with forgiveness and reconciliation taking centre stage,” said Monalisa Wanjala, a businessperson in Nairobi.

The idea of a truth commission in Kenya was born in February last year when the torture chambers in Nairobi were opened to the public. They were used to silence political dissidents during former President Moi’s rule.

About 2,000 people are reported to have been tortured in the chambers, a quarter of whom died, according to reports from rights groups.

01 / 04 / 2004

PAN AFRICAN NEWS AGENCY (PANA)

"Ruling alliance moves to settle internal quarrels"

Nairobi - Leaders within Kenya’s ruling National Rainbow Coalition (NARC) are consulting at a crucial confab convened Sunday to sort out disagreements over the status of the 15 parties in the alliance, after President Mwai Kibaki intimated that the bloc was now “obsolete”.

Kibaki threw coalition members into outrage recently, when he claimed that the parties, by implication, disbanded when they endorsed single candidates in the 2002 general elections that ended 40 years of KANU rule.

The LDP, which claims paramount leadership within the coalition, challenged Kibaki to dismantle his Democratic Party alongside the 14 other fringe parties within the National Alliance of Kenya (NAK) before demanding the disbandment of LDP.

The LDP is mainly composed of dissenters who left KANU to power NARC’s landslide victory in the 28 December 2002 polls.

In a pre-election pact, LDP joined forces with NAK to form NARC and file a single presidential candidate on the understanding that upon acceding to power, cabinet positions would be shared on a 50-50 basis, coupled with the creation of the position of a an executive prime minister to be occupied by LDP chairman Raila Odinga.

In a statement prior to Sunday’s meeting, the LDP said it would defend the provisions of the draft constitution, which recommends a parliamentary system, with the Prime Minister issuing from the majority in Parliament.

Besides sorting out its internal differences, the NARC summit is also aimed at defining a common stance on other contentious subjects in view of the resumption next week of talks on the country’s draft constitution.