Today, INCLO releases a new report Unanswered Questions - International Intelligence Sharing, summing up the responses to our Freedom of Information requests.

INCLO’s attempt to shed more light on a practice largely shielded from accountability was met with inconclusive results. The records requests are ongoing, but agencies have tended to delay, reject, or not respond at all. The lack of clarity raises concerns about violations that could interfere with people’s rights to privacy, access to information, freedom of expression and freedom of association.

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The 2017 Corruption Perceptions Index (CPI) indicates that Kenya scored a paltry 28 points out of the possible 100, an equivalent of a D minus. The CPI ranking is determined by a measure of the overall extent of corruption (frequency and/or size of bribes) in the public and political sectors of a country. The CPI uses a scale of zero (highly corrupt) to 100 (very clean).

The 2015/2016 audit report released by the Auditor General in March 2018 is shocking and exposes consummate levels of repugnant plunder of public Coffers. The report reveals that out of the total expenditure of KSh. 1.25 trillion, only KSh.43.4 billion (3.45%) was incurred lawfully and in an effective way, while the rest was either not lawfully or effectively incurred or the same could not be ascertained. In terms of revenue collection during the same period, the report reveals that out of the total revenue recorded of KSh.1.19 trillion, only revenue amounting to KShs.33 billion (2.77%) was collected and fairly recorded while the rest was either not fairly collected and recorded or the same could not be ascertained by the Auditor General.

This month alone, we have been treated to numerous media exposes of abominable looting of the public purse through which shameless racketeers have amassed billions of shillings unabated. This includes the theft of: whopping 9 billion shillings from the National Youth Service (NYS), 1.9 billion shillings from the National Cereals and Produce Board, 647 million shillings from the Kenya Pipeline Company, 2 billion shillings through the National Tree Planting Programme targeting primary schools and 10 million shillings from the Youth Enterprise Development Fund (YEDF).

This latest resurgence of theft comes in the wake of the launch of the Building Bridges initiative by His Excellency President Uhuru Kenya and Right Honourable Raila Amollo Odinga. It is worth noting that corruption, which is one of the key priority areas of intervention for this initiative, is described by it as an “existential threat to our Kenya”. That notwithstanding and as alarming as this characterisation of corruption is, there is not much to write home about with regard to concrete plans by the Building Bridges initiative to address this matter. This, together with the lacklustre response of the executive on the various scams, has furthered furore among the citizenry and reduced their faith in this initiative.

What is apparent to us in these and other numerous public scandals that remain unresolved to date is the entrenchment of the deep state. The alleged fight against corruption will remain a mirage until a time it is described for what it is, namely, abuse of entrusted power and theft of public resources to advance narrow personal interests.  It is clear that the executive, legislature and judiciary have miserably failed to take drastic and decisive measures to unmask and punish these merchants who occupy the highest point of the food chain and fuel the corruption racket.

We thus have lost faith in the ability of the government to reprimand thieves. We no longer believe the Kenyan State is committed to genuine punishment of those that steal from ordinary Kenyans. Mr. President it is no longer enough to threaten and promise action, you need to act and lead by example. You need to earn our trust or you too should to resign.

WE THE CITIZENS OF THIS COUNTRY DEMAND THE FOLLOWING:

1. HEADS MUST ROLL as we escalate political responsibility to the top. We demand resignations of all heads of Ministries who have allegedly been accused of theft, abuse of office or incompetence resulting in the misappropriation, loss and waste of public funds. All Cabinet Secretaries whose ministries are being investigated for different scams need to immediately resign whether or not they have been charged. It is no longer enough to arrest the Permanent Secretaries (PS), directors, managers and accountants.
2. Mr.  President, STOP REWARDING THEFT, attempted theft, incompetence and abuse of office. We demand resignations from all public officers reshuffled after theft, abuse of office and misappropriation allegations from 2013 to date. We need top level responsibility.
3. We want ALL THE MONEY BACK. Prosecutions of people who stole millions when tens and hundreds of millions of shillings were stolen or misappropriated is NOT ENOUGH. The banks MUST disclose the ultimate beneficiaries of the funds and support the relevant agencies in the recovery assets so acquired.
4. We demand that banks which facilitated these scandals be investigated and punitive actions taken against the institutions and individuals found culpable. We also demand that Central Bank of Kenya expeditiously freezes the accounts of the culprits involved.
5. We demand the immediate cessation of all public officials and their families conducting business with GOK for this creates endless conflict of interests that perpetuates public theft.
6. The government must immediately undertake a forensic audit of the integrity and efficacy of IFMIS in facilitating sound public finance management and the ownership and conduct of the companies involved in managing the system.
7. All public officials need to make their wealth declarations and assets of their immediate family PUBLIC. They must also declare all shareholding held directly and/or indirectly, (that is in affiliated, family owned or controlled companies). That includes you Mr. President.
8. STOP RECYCLING THE SAME PEOPLE IN PUBLIC APPOINTMENTS for it’s the small and privileged clique that monopolises and controls state resources without due regard to public interest  and ends up facilitating corruption. We especially reject appointments of retirees and the systematic exclusion of youth and women professionals and demand appointment of people of integrity. GOVERNMENT HAS BECOME THE EMPLOYER OF CHOICE FOR THIEVES AND CRIMINALS.

We challenge public servants, bank employees and the general public who have information relating to any theft of public funds and others resources to come forward and report to the relevant authorities. We also call up the public to continue protesting against this endless greed and theft of their resources and demand for accountability in all the governance processes.

STATEMENT BY CONCERNED CITIZENS OF KENYA

A CASE OF OUTMOST NEGLIGENCE AND UNTAMED IMPUNITY

(A STATEMENT AND PRELIMINARY REPORT BY THE KENYA HUMAN RIGHTS COMMISSION; FREEDOM OF INFORMATION NETWORK AND MID-RIFT HUMAN RIGHTS NETWORK).

1. BACKGROUND

On 9^th May 2018, an illegally and irregularly constructed man-made dam within the vast Patel Coffee Estates located in Solai, Nakuru, broke its banks at around 7.15 p.m, gushing out 190 million litres of water through settlements, leaving in its wake; gruesome deaths; horrible injuries(physical, mental and emotional); massive destruction of property and unprecedented displacement of people.

Official reports indicate that 47 people lost their lives. Most of those who were swept away by the raging waters were women, children and elderly persons. Public amenities were also not spared as Solai Nyakinywa Primary and a Private Medical Dispensary were also heavily affected. The students schooling at Jamhuri Primary School, Solai Nyakinywa Primary, Akuiris and Ruiru Secondary School could not go to schools since they were closed temporarily.

Questions still linger as to what exactly caused the bursting of the dam? Residents of affected villages: Endao, Energy, Nyakinyua, Milmet and Arutani  in Solai division believe that the bursting was brought about by excess water from three rivers that were blocked by the Patels and directed to the ill-fated dam. In what turned out to be one of the worst human-made disasters and the most glaring cases of corporate impunity and state negligence, the Patels owned and managed nearly 8 private dams without the requisite permits and accountability to the public.

Ironically, this disaster happened at the time, when another dam by the Finlays in Naivasha had its water overflowing into the Shah Karuturi flower farm, and in the process, causing minor damages to the company and its residents. Incidentally, and over the same period, Masinga dam, Kenya’s largest hydropower dam, overflowed after its reached its full capacity thus exposing the people of the downstream Garissa and Tana River counties to grave dangers.

It is  against this background that from 17^th May 2018, the Kenya Human Rights Commission(KHRC), Freedom of Information Network (FOI Network) and Mid-Rift Human Rights Network(MR-HURINET) dispatched a joint fact mission in the villages and localities that were most affected by the Solai Dam tragedy.

The purpose of the mission was to investigate and document the causes and impact, responses and preparedness and recommend the necessary actions with regards to the Solai Dam tragedy. The mission involved the review of the necessary literature and interviews with the key informants (government officials, civil society, development agencies, media personalities, victims and the citizenry in general. Below are the key findings and recommendations.

1. KEY FINDINGS:

1. Corporate impunity by Patel and gross negligence by state officers and authorities

This reveals blatant lack of compliance by Patel Coffee Limited and negligence by officials of the National Environmental Management Authority (NEMA) and Water Resources Management Authority (WARMA). For its NEMA and WARMA officials who are responsible for overseeing environmental and water resource management. To that extent, the tragedy was more of human made disaster. This is as evidenced by the following operational and policy flaws:

1. Early warning signs ignored

Worryingly, complaints about visible cracks on the dam had been made by the communities severally but fell on deaf ears. Members of the community had raised concerns about the dam which they say started leaking in 2016, through parents meetings and chief’s barazas and nothing had been done.

In 2012, a similar ordeal was experienced in the area when another leaking dam just adjacent to the one in question had a dangerous overflow. Luckily, there was another aquarium downhill that accommodated the over for some time before it could reach residents downstream. This saw water with fish overflow to the Energy village creating a harvest to the residents that time.

However, questions arise as to where NEMA and WARMA were since that time. It is indeed unsettling that this incident did not lead into any action by authorities to assess the viability and worthiness of the dams in that area.

1. Operating without licenses

Information from NEMA reveals that none of the dams at the Patel Coffee Estates were licensed. In fact, NEMA claimed to have been unaware of the existence of the dams until the tragedy struck. Further, although the dams have been in existence for more than 15 years, NEMA had not conducted any environmental impact assessment (EIA) and neither had audits of the dams been done. However, the company had as recently as last year conducted self-environmental audits under Kensalt Plantations Limited and submitted the report to NEMA.

In its reactionary statement after the tragedy struck, WARMA publicly declared the water sources in Patel Coffee Estate unlicensed; and therefore illegal. The fact that the company withheld crucial information from NEMA by declaring only the broad categories of its water sources as opposed to a full disclosure on the actual number of dams and boreholes in place must have been a desperate attempt to beat the system.

1. Illegal diversion of rivers within the full knowledge of state offices

It has been common knowledge over the years that Patel Coffee Estates has diverted water from several rivers and streams in that area so as to fill their dams for commercial water usage. Community members had on several occasions complained to authorities about the diversion of rivers which caused acute water shortage in the area.

The area Member of Parliament is also said to have received complaints on the diversion of the rivers but did not take any action on this. This sequence of events reveals the levels of brazen impunity by companies such as the Patel Coffee Estates, which has for many years had the daring audacity to construct and maintain dams without adherence to relevant laws.

1. Evacuation and Response- Disaster Management & Response

We take note of the prompt and a well-coordinated inter-agency rescue and responses which were realized thanks to the diverse mandates of the relevant state offices and non-state actors, involved. Thus the Kenya Red Cross(KRC) and National  Disaster Unit(NDU), in concert  with the  local administration, political leaders, security organs( National Police Service and Kenya Defence Forces),  County Government of Nakuru and members of public strived to rescue, identify and support victims.

Generally, victims and their support fell within the following general categories:

1. Those who died. These have since been buried, save for a case of the contested child, whose matter is pending court decision.
2. Those who got injured, whether physically, emotionally and mentally. These have received and are still expected to continue getting the requisite medical  and psycho- social support;
3. Tenants who lived in the area and had their shelter curtailed. Most of these ended up camping at the Solai  High School.
4. Land Lords who either rented or occupied their houses, which were partially or completely destroyed;  most of these integrated into the neighbourhoods
5. Business people, whether tenants or land lords, who lost their investments in the process; still waiting for support.
6. Land owners, especially in Nyakinyua farm whose produce and soil were completely washed away.  These are yet to be assisted.
7. The special cases that went with the necessary support to women, children (for instance sanitary pads, food etc.), Persons with Disabilities and those living with HIV / AIDS.
8. People who in whatever categories, who lost their valuables, certificates, official documents etc. It was intriguing to learn that some victims lost valuables through vandalism by locals.

And despite the positive response and support, the following administrative gaps were noted:

1. Land owners (in plots and farms) and other integrated victims complained that they were yet to get the necessary material supports, like mattresses, blankets etc.
2. Allegations of looting or diversion of the supplies and other kinds of materials meant for the affected victims.
3. Claims of non-victims from the neighbouring communities like Kamukunji being added in the list for support and other benefits.
4. Accusations that some of the land lords were earmarked to/ had received Ksh. 30,000 as opposed to the agreed Ksh. 100,000.
5. Clear duplication of roles or challenges in the coordination for most of the stakeholder met on the ground to help in their own ways.

1. Midterm to Long-term Solutions

We also take cognizance of the other efforts that are meant to address the medium and in the process the long term needs and issues:

1. The Kenya Defense Forces draining out the affected and another dam by Patel limited so forestall in further risk to the locals.
2. The initial assessments by the agricultural ministry on the extent of damages suffered on crops and land within the affected farms.
3. The efforts by the county government to assess with a view to fixing new beacons of the plots affected in the shopping centre.
4. The initiative by Kenya Power to restore the electricity posts and lines which were destroyed for reconnection of power to be considered.
5. The efforts by the Huduma Centre to identify and support who lost crucial personal documents, such as the national identity cards.
6. The Director of Public Prosecutions’ directive for the Inspector General of Police to investigate the causes and establish possible culpabilities, and submit a report in two weeks.

1. RECOMMENDATIONS

Had we been equally responsive in addressing the questions of negligence and compliance raised above, we would have pre-empted all the disastrous losses and harms witnessed in this very unfortunate but preventable unfortunate tragedy.

It is against the above issues and interventions that we wish to make the following recommendations:

1. Continuous and accountable humanitarian support

There is a need for continuous support (food, clothes, medical, psycho-social etc) to the affected and other needy cases within the locality. An affirmative action approach may be considered to secure the necessary supplies for men with special needs, for some lost their personal wares which were not part of the provisions availed.

Given the lots of remaining humanitarian stuff, there is a need to engage the county government of Nakuru and other local stakeholders for recommendations on how such resources can be optimized beyond this incident and locality. More important, the KRC and NDU and other agencies involved in the coordination of interventions should present a detailed report on how all the humanitarian resources were dispensed. For accountability is key in every public enterprise.

1. Reconstruction: We call on the National and county governments and Patel Coffee limited to support the communities in re-constructing the damaged infrastructure:
2. Boreholes: There is need to rehabilitate existing boreholes in the area to serve various villages with water
3. Infrastructure: Need to rebuild destroyed infrastructure such as bridges, roads, schools, dispensaries that were affected
4. Land reclamation and ownership: Mechanisms for the necessary state agencies to reclaim farms that were massively eroded and thus rendered unproductive. The Nyakinyua farmers should be provided with title tittle deeds.
5. Houses: Mainly for the land lords/ owners in question. There should be an option of relocating those feeling unsafe and uncomfortable with resettling in the area.

Victims recommended that we should not consider repairing houses on site for their foundations were badly shaken and weakened.

1. Compensation and rehabilitation

First, the Kenya Red Cross should undertake an immediate and transparent disbursement of the all immediate financial assistance earmarked to the following specific categories of victims:

1. Tenants who lived in semi-permanent houses, made to receive a one off payment of  Ksh. 30,000;
2. Tenants living in semi-permanent houses, to get a one off payment of Ksh. 50,000
3. Land lords with permanent structures will receive a one off payment of Ksh. 100,000.

Moreover, the inter-agency committee should carry out a comprehensive assessment of the extents of major harms and damages suffered and consider other forms of remedies to victims.  Patel Coffee Limited should provide some resources for these reparatory programmes.

Finally, there should be a process of replacing the beacons for the affected plots, power reconnection to the necessary residents and replacement of all lost identification documents. This may also entail engaging the Kenya National Examination Council (KNEC) and other institutions to explore ways of re-issuing certificates to victims who lost theirs.

1. Investigation and possible culpability

Further investigate Patel Coffee Limited, NEMA, WARMA for possible culpability; the alleged corruption in profiling and supporting victims; and culprits who vandalized victims properties.  The investigative process should independent, overboard and involving all the key stakeholders. The final report should be made and fully implemented with immediate effect.

1. Assessment of other dams

We call for a speedy environmental and human rights impact assessment of the state of all other dams in the area, and for necessary action to be undertaken on these dams in accordance with the Engineers’ reports. The same should be undertaken to other dams in the country that fall within public and private spheres with a view to decommissioning the undesirable ones located upstream.

1. Policy Actions

First, we need to review and harmonize the laws and mandates of the disparate state institutions mandated to manage disasters, water, environment and other resources.  Such would enhance coordination and reduce duplication of roles regarding disaster management. It would also facilitate systematic programming on disaster programming in line with the Sendai frameworks which would be pivotal in mitigating disasters especially those arising from systemic lapses in adherence to set rules of law and procedure.

The law would allow for the formation of a national board and county boards in each county. Perhaps, this tragedy should offer the momentum for the development and adoption of a national policy on business and human rights.  Finally, we should continually monitor and hold to account the different state and non-state institutions along the established laws and policies.

1. In February 2018, we witnessed the forceful and inhumane arrest of Miguna Miguna for allegedly aiding an act of treason by participating in swearing-in ceremony of Raila Odinga as the ‘People’s President’. Miguna was held incommunicado by the police and after non-cooperation from the police, his lawyers sought and successfully obtained orders from the High Court to have him produced in Court without further delay. Rather than comply with the court order, the Cabinet Secretary for Interior alongside the Director of Immigration and the Inspector General of the National Police Service conspired to illegally deport Miguna to Canada after forcefully repossessing and defacing his Kenyan passport.
2. In light of these events, Miguna’s lawyers sought further intervention from the High Court and obtained yet another court order that nullified the act of deportation; instructed the Directorate of Immigration to issue Miguna with travel documents to facilitate his re-entry into Kenya or in the alternative have him travel back to Kenya on his Canadian passport and; that Miguna would determine the date of his return, notify the state and have his re-entry to Kenya facilitated by the relevant agencies with the Kenya National Commission on Human Rights allowed to observe the process to ensure compliance with the court order. It is this court order that has seen the Executive and its agents engage in deplorable acts over the last three days.
3. In line with the court order, Miguna indicated that he would return to Kenya on March 26, 2018 and did exactly that only to have his re-entry blocked by immigration officials as well the National Police Service. In a bizarre turn of events, the Directorate of Immigration attempted to have him apply for Kenyan citizenship in total disregard of the court order. This was quickly followed by acts of harassment, intimidation and assault aimed at Miguna’s legal team, the journalists covering the story as a matter of public interest and the KNCHR representative observing Miguna’s re-entry into the country. In the midst of this unfolding ordeal, yet another court order was issued instructing that Miguna be produced in court and yet again rather than comply with the order, the Directorate of Immigration and the National Police Service conspired to have Miguna ejected from the country and forcibly put on a flight to Dubai where he is currently recuperating from injuries sustained in the ordeal.
4. In this final instance, the Cabinet Secretary for Interior, the Inspector General of Police and the Principal Secretary for Interior have been held by the High Court to be in contempt and each fined Kenya Shillings 200,000 to be deducted from their next month’s salary. Given the gravity of the violations witnessed in this case, we consider such a reprimand to be far from appropriate and will do little to stop the assault on judicial authority. The Judiciary must appreciate that what they are confronting is impunity on a scale that is bound to upend the rule of law as it becomes increasingly clear that the Executive can elect which court orders to uphold and which ones to disregard as though they are above the Constitution and operate by their own set of rules.
5. It is time for the Judiciary to reflect and make a firm stand for the rule of law. Judicial Authority cannot be seen to be futile and therefore the courts must not entertain state actors who disregard their orders in one instance and expect relief from the courts in other instances. We would advise the Chief Justice to lead the Judiciary in developing and implementing a position that courts will now refuse to grant audience to the State Law office, the office of Director of Public Prosecutions and the National Police Service until such a time that they display their willingness to comply with court orders as a matter of fidelity to the Constitution. The Law Society of Kenya must recommit to its previous stand of withdrawing from court appearances until such a time that the Executive returns to compliance with court orders. Additionally, all State officers take an oath to uphold the Constitution and we shall therefore explore options to have all errant officers associated with the Miguna case ejected from office as a matter of high priority.
6. Upholding the Constitution is never a matter of convenience but is one of duty and obligation for all Kenyans. Judicial Authority is at the epicenter of our constitutional order and we must do all in our power to defend it.

George Kegoro

Executive Director

Kenya Human Rights Commission

As the Police Reforms Working Group – Kenya (PRWG -K), our operations are guided by four pillars among them police welfare. For the past five years, we have advocated for better and reasonable working hours for police officers, an improvement of their living conditions, and to ensure that officers are compensated for the long working hours.

In line with our call for accountability, we acknowledge that like any other public sector, NPS could be riddled with ghost workers and unscrupulous individuals and thus the cleanup of the payroll according to NPSC is commendable.

We note that while it is the mandate of the NPSC through the NPSC Act 2011 to deal with issues of human resource of police officers including police welfare (salaries, housing and medication among others), this mandate has not been effectively discharged by the NPSC as expected by Kenyans and the law.

Since the 2013/2014 financial year, members of the NPS have only been awarded a single salary increment of about 27% that was supposed to be implemented in 2 phases. This salary increments have never been implemented as agreed.

We welcomed the move by His Excellency the President when he launched a number of documents to guide operation of the NPS in February 2018. One of the documents was the Career Progression Guidelines (schemes of service) for members of the NPS, which clearly stipulates proper consideration of remuneration of police officers, welfare issues and career path progression. This should form a basis for any considerations into the welfare of officers.

In this respect, we the PRWG-K;

1. Call upon graduate officers and those living with disabilities to submit to the NPSC through the IG, relevant documents as stipulated by law to enable them be accorded the rightful benefits.
2. Demand that the NPSC and the Inspector General to handle any remuneration issue according to the law and professionally to avoid situations that could demoralize officers.
3. Demand that NPSC and the NPS hasten efforts to ensure that all police officers get better housing in light of the increasing numbers and the current poor living conditions.
4. Urge the NPSC and the NPS to provide a comprehensive psychological support to officers whenever need arises; and
5. Call upon NPS to implement the newly launched Service Standing Orders (SSOs) by training officers and the general public on this critical document.

Signed by:

• Independent Medico-Legal Unit (IMLU)
• Kenya Human Rights Commission (KHRC)
• International Centre for Transitional Justice (ICTJ-K)
• International Commission of Jurists –Kenya (ICJ-K)
• Legal Resources Foundation (LRF)
• International Jurists Mission (IJM)
• Kenya National Commission on Human Rights (KNCHR)
• Rights Promotion and Protection Centre (RPP)
• Federation of Women Lawyers in Kenya (FIDA-K)
• Coalition on Violence against Women (COVAW)
• National Coalition of Human Rights Defenders (NCHRD)
• Kenyans For Peace, Truth and Justice (KPTJ)
• Usalama Reforms
• Amnesty International – Kenya
• Transparency International - Kenya
• Katiba Institute (KI)
• Peace Brigade International (PBI)
• Usalama Reforms
• The Institute for Social Accountability (TISA)

Of all the nominees, there is no youth. Further, out of the whole proposed cabinet composition, only one person with disability has been nominated as a Principal Secretary. The percentage of women in all the cabinet position remains grossly below the constitutionally stipulated percentage. Worse still, it has retrogressed rather than progress contrary to Article 27 (8) of the Constitution. Whereas in 2013, the percentage of women nominated for the Cabinet Secretary and Principal Secretary positions was 30% and 36% respectively, the percentages in the current list of nominees have dwindled to a merger 28.5% and 27.8% respectively.  Exacerbating the situation, regional imbalance is out-rightly glaring with 2 out of the 43 Kenyan tribes scooping 59% of the cabinet positions.

The list of nominees reeks of pungent discrimination on the basis of age, disability, ethnicity and gender. The list flies in the face of paragraph 3 of the preamble, articles 3, 10 (b), 27, 54(2), 55 (b) and 131(2) of the Constitution and Section 10 of the Public Service (Values and Principles) Act. It cannot and should not be allowed pass in a democratic state like ours which is based values including inclusivity, equality and non-discrimination.

We, the youth, persons with disabilities, women and Kenyan from diverse ethnic backgrounds, condemn the President’s nominations, which fall far outside the coordinates of the Constitution.   We note that it is embarrassing and saddening in equal measure that twice, the President has taken oath to respect, uphold and defend the Constitution, but has gone ahead to patently and openly contravene its most basic tenets.

In his various addresses to the state, the President has reiterated that he is a president of all Kenyans and not selected Kenyans; a symbol of national unity mandated under article 131(2) (c) & (d) of the Constitution to promote and enhance unity of the people, promote respect for diversity of the people and Communities of Kenya and to ensure the protection of human rights and fundamental freedoms and the rule of law.  It is utterly shocking that the same is not reflected in his actions. It begs the question whether he indeed is a symbol of national unity or that of a selected polity for which we youth, persons with disability, women and Kenyans from certain regions do not belong.

The President, purportedly acting on recommendations of the Public Service Commission, has gone ahead to create the positions of Chief Administrative Secretaries in the Cabinet. Judging from the general and specific job descriptions of   the Chief Administrative Secretaries, they rank higher than Principal Secretaries, a development that was not envisioned in the Constitution. Had people of Kenya wanted representatives higher in hierarchy than the principal Secretaries, it could have been easier to include the same in the constitution.

We strongly condemn the move by the president to manipulate the Constitution by reincarnating the order associated with the old constitutional dispensation (i.e. Minister- Assistant Minister- Permanent secretary). Such unconstitutional move must be arrested immediately. We know that the Chief Administrative Secretaries positions were created purposely as consolation prices for the President’s allies who lost in the August 8 2017 General Elections and not for nation building . It is for this reason that the positions were never publicly advertised to give room for competitive selection contrary to article 232 of the Constitution. Kenyans denounces the redundant positions under the current constitutional dispensation and we still refuse to be burdened by the huge wage bill attendant to superfluity. We further note that the nominations of the chief administrative secretaries is marred with discrimination as elucidated above.

We the youth, persons with disability, women and Kenyans from diverse ethnic backgrounds recognize all that the all the groups are capable of ably taking up leadership roles in our country. We aspire for a government based on human rights, equality, inclusivity, social justice and the rule of law.

Therefore, we demand:

1. That the President recalls the gravely flawed list and resubmits a list that strictly adheres to the Constitution dictates with emphasis on inclusivity.
2. That the judiciary shows its fidelity to the rule of law and quashes these unconstitutional appointments

Endorsed by:

United Disabled Persons of Kenya

Youth Alive! Kenya

CRAWN Trust

The Centre for Rights Education and Awareness

The Kenya Human Rights Commission

Equality Now

Women Empowerment

National Gender and Equality Commission

Kenya Women Parliamentary Association

The Youth Congress

Federation of Women Lawyers-Kenya

International Commission of Jurist- Kenya

1. On the 30^th of January, the Jubilee regime shut down 3 media houses, and extended the information blackout with threats of investigation for ‘subversion’. Security forces have launched a crackdown on journalists, editors, and opposition leaders, and after some vindictive drama, charged an MP with an offence that it will be difficult to prove in court. Ordinary citizens have not been spared – they are also being threatened with arrest for supporting the peaceful swearing-in of Raila Odinga as ‘The Peoples President’.
4. The government claims it has averted a ‘looming massacre’. But this flies in the face of the truth. The gathering of thousands of people from all over the country on Tuesday January 30 2018 was historically and overwhelmingly peaceful. It proved that - given the chance - Kenyans express their hopes and desires for their beloved country peacefully. It tells us what we knew to be true in 2017: that it is the Kenyan police that bring violence, not the people.
5. Editors are now facing the threat of arbitrary arrest for simply doing their job – and for continuing to do it, despite enormous pressure. Providing the public with information is being made a crime. …. Will you, the people, allow this to happen in our country?
6. Kenya is deeply divided and unhappy after a fraught and violent election year that seems to have produced no real winners.  The unhappy stalemate is hurting us as citizens, and setting the stage for conflict. We are deeply concerned about reports of inter-communal violence, with people being attacked and killed because of their ethnicity. Ethnic mafias are being mobilized. There are protests in the counties – what is happening in our country? It is dangerous to be kept in the dark, as happened with the television blackout.
7. Since the elections, the Jubilee government has been grappling with serious questions of acceptance and legitimacy. The huge turnout for the ‘Peoples’ President’ ceremony points to a deep crisis. Selective arrests, bans and shutdowns will not resolve it. Kenyans are becoming desperate – political instability is on-going; food prices are continuously on the rise; job-layoffs are becoming the order of the day; and critical public services such as health and education are either sub-standard or are not truly free as the government would want us to believe. This is a painful existence for the ordinary Kenyan. People feel they already have very little to count on. Taking away our freedoms is something that we cannot and will not bear.
8. The government, meanwhile, is picking and choosing the aspects of the Constitution it wants to use. We have seen the appointment of a cabinet that disregards the gender rule required by the Constitution and reaffirmed by the courts. The President has also established a new office - the Chief Administrative Secretaries within the Cabinet – that is not recognized in the Constitution’s definition of the cabinet. There are attempts to shield appointees from vetting.
9. There are also appointments to the National Police Service that fail to comply with the requirements of public participation. Institutions like the National Police Service Commission are meant to be safeguards and sources of public oversight - but are fast becoming rubber-stamps for arbitrary, repressive actions.  And can we say our newly elected Parliament will help protect our country?  Not if it routinely fails to question the actions of the Executive.
10. There has been plenty of pressure on both sides of the political divide to engage in dialogue, and talk. The deafening silence is threatening to reverse gains the country made since the 2007-08 post-election violence.
11. Are we going to just stand by and watch our country slide back into authoritarianism? It seems we are simply watching our hard-fought rights and freedoms be taken away….Let us stand together and say NO – Not in our Country
12. In Kenya, the long and heroic struggle for democracy came at great cost for many individuals and families. This government has shown us this week that it intends to take us back into fear and deprivation.
13. We have to speak up and say ‘Not in our Country’. This is a call for action. We must reclaim the Kenya that is rightfully ours.
14. We will begin #NotInOurCountry protests on Monday with a peaceful demonstration against the actions of this rogue government; and we will put the political leadership on notice. The government serves the people; we do not serve you.  Kenyans want to be represented by a government that cherishes and respects human rights values of equality, freedom, democracy, social justice and the rule of law. This is what we - the people - proclaimed when we enacted the Constitution. That constitution governs us all – with no exceptions.

Yesterday, the official Government spokesperson Eric Kiraithe publicly announced that the Government will launch a probe into the shooting and killing of Robert Kirotich and the serious injuring of David Kipkosgei Kiptilkesi. It was officially communicated that any officer who will be found culpable of the murder of Robert Kirotich will be held liable.

The Government’s commitment to ending the ongoing forced evictions in the Embobut Forest has been publicly contradicted by Marakwet East Deputy County Commissioner (DCC) Stephen Sangolo. The Deputy County Commissioner informed the press that the operation of forcibly evicting Sengwer community members in Embobut Forest must continue.

As human rights and conservation organizations, we are deeply concerned about the mixed messaging by the Government. Sangolo’s remarks come at a time when the Sengwer community are still coming to terms with the loss of one of their own, injury of another and displacement from their homes. The remarks further threatens the early resumption of the suspended Kes 3.6 billion funding to the Water Towers Protection and Climate Change Mitigation and Adaptation Programme.

We urge the inter-ministerial committee set up by the Kenyan Government to use this time to reflect and adopt a new approach to conservation, sustainable development and human rights to the ancestral land of the Sengwer indigenous people and others in Kenya. We also call on that the Government to put in place human rights frameworks that enable a genuine consultation with the affected persons.

As we have said repeatedly, the forced evictions violate the human rights of the Sengwer, including their right to housing and to their ancestral lands, under international law, African Union (AU) human rights standards and the Constitution of Kenya and laws.

Consequently we call on the Government of Kenya to immediately;

1. Publicly communicate an immediate halt to the Embobut evictions
2. Institute the probe promised and communicate publicly the outcome of the probe within seven days;
3. Ensure consistency in their messaging to foster public confidence in their commitment to resolve the conflict.
4. Ensure that all those affected by the forced evictions are allowed to return to their lands and no further retaliation happens to Sengwer leaders and community.
5. Put in place human rights frameworks that enable genuine consultation with the affected persons are introduced.

Katiba Institute

Sengwer community leaders

Amnesty International Kenya

Kenya Human Rights Commission

Signed: Friday 19 January 2018