Women, men and children in Nairobi who support women’s rights, human rights and social justice will stand up and be counted on 21 January at the Women’s March on Nairobi, a “Sister March” to the historic Women’s March taking place in Washington, D.C., on the same day. The march, in Nairobi’s Karura Forest, will highlight women’s resistance to sexism and gender inequality and their call for more progressive and inclusive governance, in Kenya, in the United States and around the world.

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The Kenya Human Rights Commission (KHRC) is gravely concerned about an internal report generated by the NGO Coordination Board, and which the Board has shared with the media, containing adverse allegations about the financial affairs of the KHRC. For reasons explained below, the KHRC will immediately move the High Court to commence contempt of court proceedings against the CEO of the NGO Board, Mr. Fazul Mohammed, whose conduct contravenes a final judgement issued by the High Court in favour of the KHRC.

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Through a document that was widely distributed in the media, the NGO Coordination Board accuses the Kenya Human Rights Commission, (KHRC) of serious financial and management impropriety, and also alleges that the KHRC’s current auditors PWC, and its previous, PKF, have assisted the KHRC in covering the financial impropriety.

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The meeting is for all PBOs working in all 47 Counties, nationally and regionally to discuss the latest developments on the commencement of the PBO Act and to agree on the way forward. Under the Public Benefits Organisations Act (2013), PBOs are defined as “organisations that provide public benefits or act in the public interest”. Public Benefits Organisations can be represented at this meeting.

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Of particular concern to us is the theft of colossal amounts of money from the exchequer most of which initially allocated for the delivery of basic services to citizens. This undoubtedly directly impacts on economic and social rights of citizens as well as their right to lead a life of dignity.

Mr. President, in addition to flawed and opaque procurement processes, recent scandals have been characterised by gross imprudence in expenditure as well as the failure by government ministries and departments to provide the necessary supporting documents for monies spent.

The reported procurement of 100 container clinics by the Ministry of Health at a cost of 10 million shillings each is a perfect case of lack of financial prudence and deliberate waste of public resources by those we have been bestowed the power to manage these resources on our behalf.  Worryingly, in his report of the financial year ending 2015, the Auditor General revealed that only 1% of public expenditure was accounted for. Further to this, and more upsetting, is the revelation that Kenya loses at least 600 billion annually in corrupt dealings.

Mr. President, it is extremely foolhardy for your office to continue to publicly declare its intention to decisively deal with graft while at the same time show dismal results from this commitment. Further, the recent declaration during the anti-corruption summit that your office has so far done all it could and that the failure to stem graft was occasioned by inaction by independent offices responsible for fighting grant, was indeed an admission of failure on the part of your esteemed office.

Additionally, your admission in the same forum of your office’s helplessness in addressing corruption has to a large extent eroded the confidence of the public in the goodwill of the presidency to evoke section 10, 131 and 132 of the constitution for the protection of rule of law, accountability, transparency, good governance, human rights and fundamental freedoms of citizens. Critical also is Article 129(b)  which provides that the Executive Authority shall be exercised in a manner compatible with the principle of service to the people, and for their well-being and benefit.

Mr. President, it is known to you (or ought to be known to you) that most of those implicated in corruption are senior officials within your government, a significant number of whom you have powers to fire without reference to any other authority. It is extremely hypocritical of you to seem to blame other organs of the State of promoting corruption when you have failed to take decisive action against publicly well known senior officers, for whom you hired and have power to hire.

This is a failure by you to honour the edict of Article 131 to safeguard the constitution and the sovereignty of Kenya, it is also a failure to discharge the promise you made to the Kenyan people through the Oath of office you took when you were sworn to be president. Mr. President by superintending a government that abets runaway corruption, you too, are in violation of the Constitution and the law!

Based on the foregoing, we hereby demand from you and your government:

1. immediate sacking of state and public officers within the executive (for whom you have powers to dismiss) adversely mentioned in corruption scandals;
2. Immediately leading the process of making public, all the wealth declaration forms among the state and public officers.
3. Initiating legal process of freezing of bank accounts of all those implicated in grand corruption scandals pending investigations;
4. Immediately initiate a process of recovering all stolen public funds and property. This should go as far back as is judicially possible to cover all past corruption activities since independence;
5. Instantaneously stop and recover salaries paid illegally to officers who have been suspended or removed from public service on graft allegations.
6. Expeditiously implement recommendations of Auditor General’s reports;
7. Ensure protection and adequate resourcing of the Auditor General’s office and other independent offices  to enable them to effectively discharge its mandate;
8. Ensure that public money is spent in a prudent and responsible way by cutting down on the aggravating extravagance and recklessness witnessed during  the last four years.
9. Ensure protection of all whistle blowers for the corruption scandals that have already been reported. We also demand reward of whistle blowers to a  tune of at least 20% of stolen funds recovered;
10.  Fully operationalize the Campaign Financing Act. All political aspirants must publicly declare all sources of their campaign funds;
11. Ensure that the annual state of the nation reports include a report on corruption and how much of state resources lost through past corruption scandals have been recovered;
12. Ensure open advertising and recruitment of Board members and staff of government departments and parastatals as well as chairpersons of parastatal boards;
13. Ensure that tax returns for companies and individuals implicated in grand corruption scandals be released for public scrutiny by the Kenya Revenue Authority; and
14.  Deepen openness and accountability, including genuine public participation in governance, especially, in financial ,matters[1].

Finally, if  you are not in a position to implement these demands which are well  within your legal, constitutional and political obligations, we therefore demand that you REGIGN. “Act Against Corruption Now or Resign”/ “Komesha Ufisadi  Sasa au Jiuzulu”.

END

Contacts:

Davis Malombe, Deputy Executive  Director; Kenya Human Rights Commission, dmalombe@khrc.or.ke; +254-020-2044545; +254-020-2106709

Catherine Kamatu, Communications Advisor, Kenya Human Rights Commission, ckamatu@khrc.or.ke; 0728 815 266

SIGNED BY:

1. Kenya Human Rights Commission
2. Pawa 254
3. Inter-Religious Council of Kenya
4. Transparency International
5. Katiba Institute
6. Sauti Ya Wanjiku
7. Civil Society Reference Group
8. Transparency International-Kenya

The protest, which had been organised to express public indignation on the unsettling escalation of grand corruption under the current regime, was viciously scuttled by the police immediately it began. Information reaching us from human rights monitors shows that at least 24 people were arrested in the melee and scores of others brutally beaten up by the police. A colleague in the civil society was hit by a teargas canister on the head forcing her to be quickly rushed to hospital. Additionally, journalists covering the protest were attacked in the process and their equipment damaged. Of great concern is that no charges were preferred against those arrested, a clear indication that the arrests were mere acts of intimidation aimed at ensuring that further protests do not take place.

We regretfully note that Uhuru Park, which was the convening point for the protest, was fully occupied by a large contingent of heavily armed police, both uniformed and plain clothed, with the intention of stopping the commencement of the protest. The heavy infiltration of the protest by the police, some of whom wore protest gear to disguise themselves for purposes of attacking the protesters and journalists, remains unacceptable and unfathomable. Some of those that had disguised themselves have since been clearly captured in media footage liaising with uniformed police and throwing teargas canisters at the protesters.

The excessive violence meted out on civilians taking part in the peaceful protest was completely uncalled for. The brutality witnessed grossly contravenes section 37 of the constitution which provides for the right, peaceably and unarmed, to assemble, demonstrate, picket and present petitions to public authorities. Additionally, the police actions amounted to violation of section 238 of the constitution which spells out the principles of national security.

Even more concerning is the fact that this incident joins a long list of peaceful protests violently dispersed by the police. We still vividly recall the tragic occurrences of the Occupy Playground Protests in Langata which saw protesting children repelled with teargas and the appalling physical assault of a protester by an officer in the full glare of television cameras at the height of the IEBC protests. A common thread in these examples is a lack of accountability that has fostered a culture of impunity in the police service for the flagrant disregard of the constitution in policing of assemblies.

We strongly condemn the indiscriminate and reckless use of tear gas, water cannons and rubber and live bullets on the protesters and journalists. The excessive use of crowd control weapons is completely unacceptable and contravenes internationally accepted standards of crowd control.

It is disappointing and telling that no official statement has been made by the executive publicly condemning the violence and brutal acts by the police. We hereby call upon the Independent Policing Oversight Authority (IPOA) to investigate the police officers involved in these heinous acts and to take grave action on those found culpable. Additionally, we call on the Commission on Administrative Justice (CAJ) to issue an advisory on this matter and call upon the state to act on the recommendations in the CAJ report on the Langata playground protests. We further demand a review of the police standing orders to reflect international standards on the use of force and policing of assemblies.

It is a pity that this arbitrary power being applied by the executive against harmless Kenyans seeking accountability over crimes that the president has confessed inability to address cannot be utilised against the merchants of corruption in the country. We reiterate our commitment to defend the constitution and insist that the president utilize his powers as provided for under the constitution to expediently act on corruption failure to which he ought to resign.

END

Contact Person: Catherine Kamatu, communications Officer, Kenya Human Rights Commission, ckamatu@khrc.or.ke

Signed on Behalf of civil society Organisations

Davis Malombe

Deputy Executive Director

Kenya Human Rights Commission

Download Statement

The situation in the country remains so grave and dire that the official Auditor General’s report  for 2015 found that just 1% of Kenya government spending and  a quarter of the entire 1.6  trillion shillings budget was properly accounted for. Current reports indicate that Kenya loses approximately 600Billion shillings out of its annual budget of 2 trillion (close to 30%) through wanton theft and waste.  Imagine what this amount could do in supporting health care for the poor, provision of quality basic education, clean water or employment for our youth?

Specifically, the Kenyan CSOs note with concern the following systemic  and vicious failures of the political establishments, both at the national and county levels: That as noted by John Githongo, a prominent anti-corruption crusader, “corruption in Kenya has deepened and widened since President Uhuru Kenyatta came to power in 2013”.

1. Mega scams such as the  National Youth Service Saga, “Chicken Gate” Scandal; land grabbing; flawed tendering in the  Multi-Billion Standard  Gauge Railway; Misappropriation of devolved funds and current  Afya House Scandal in the Ministry of Health  among others remain unsolved. That majority of those adversely mentioned in the above scams are either close associates or relatives of senior state/public officers thus deepening vested interests and political complicity.
2. That the institutions mandated to provide leadership in the fight  against corruption have terribly failed to live  up to the Kenyan public expectation; from the presidency, Judiciary, Ethics and Anti-Corruption Commission, office of the Director of Public Prosecution, Office of the Attorney General.
3. That the president has failed to demonstrate genuine, bold and effective political will and leadership to combat corruption over the years. His admission of inability to battle graft in a recent state house anti-corruption summit sums it all.
4. That the judiciary has failed to put in places mechanisms to expedite corruption related cases. As a result such cases take too long in courts. This has delayed justice and only encouraged corruption to thrive.
5. That the Ethics and Anti-corruption Commission has failed to effectively and independently deliver on its key mandate; law enforcement, investigation and corruption prevention in the discharge of its functions. This has rendered the institution a friendly environment for the corrupt. In fact on many occasions the EACC has sanitized the corrupt.
6. That most of the alleged grand corruption prime suspects have been exonerated through a sham process while those who have not been exonerated have not been prosecuted either but remain free to enjoy their loot.
7. That most of the state/public officers who have declared their wealth have done so in private, thus without adequate public disclosure.  This is a precedence set by the presidency hence incapacitating the public to hold both state and public officers accountable for their wealth.
8. That the government has failed to demonstrate greater transparency in procurement processes by not publicizing information on tender analysis, detailed contractor profiles including list of directors, engagement contracts, project implementation plans, bills of quantities and other related information.

It’s in response to the president’s admission of helplessness, his inability to act, and the failure by the different state agencies to admit responsibility in the midst of wanton theft of state resources, that the Kenyan Civil Society is calling a national mass demonstration to demand for urgent and systematic actions against mega corruption in Kenya.

1. The demonstration will take place on Thursday (03/11/2016) from freedom corner and will end with a submission of a petition with a Demand List to the president.
2. The Demand List will capture the practical actions that the President should implement in line with his legal and political mandate and obligations.
3. We therefore call upon the public and the media to turn up for the demonstration. We also request members of the public to come dressed in red and carry a whistle and the Kenyan flag.

We have planned sustained political actions to ensure zero tolerance to and increased accountability for public theft in Kenya.

The Kenya Police Service should promptly, thoroughly, and transparently investigate the break-in into the home of the Chairperson of the Board of Directors of Muslim for Human Rights (MUHURI), Mr. Khelef Khalifa’s whose house’s was broken into at 4 am on 25 October 2016, in Mombasa County.

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Victims’ Advocates Urge Reconsideration, Support for Court 

(Johannesburg, October 22, 2016) – South Africa’s announced withdrawal from the International Criminal Court (ICC) is a slap in the face for victims of the most serious crimes and should be reconsidered, African groups and international organizations with a presence in Africa said today.

The groups urged other African countries to affirm their commitment to the ICC, the only court of last resort to which victims seeking justice for mass atrocities can turn.

“South Africa’s intended withdrawal from the ICC represents a devastating blow for victims of international crimes across Africa,” said Mossaad Mohamed Ali of the African Center for Justice and Peace Studies. “As South Africa is one of the founding members of the court, its announcement sends the wrong message to victims that Africa’s leaders do not support their quest for justice.”

South Africa publicly announced on October 21, 2016, that it has notified the United Nations secretary-general of its intent to withdraw from the ICC. However, there are significant questions as to whether South Africa abided by its domestic law in withdrawing without approval of its own parliament, the groups said.

“South Africa’s purported withdrawal – without parliamentary approval or public debate – is a direct affront to decades of progress in the global fight against impunity,” said Stella Ndirangu of International Commission of Jurists-Kenya. “We call on the South African government to reconsider its rash action and for other states in Africa and around the world to affirm their support for the ICC.”

“We do not believe that this attempt to withdraw from the ICC is constitutional and it is a digression from the gains made by South Africa in promoting human rights on the continent,” said Jemima Njeri of the Institute for Security Studies’ International Crime in Africa Program. “The South African government is sending a signal that it is oblivious to victims of gross crimes globally.”

South Africa’s announcement that it will withdraw from the ICC comes after the country’s court of appeal concluded the government violated its international and domestic legal obligations in not arresting ICC fugitive Sudanese President Omar al-Bashir in June 2015, when he visited South Africa. A government appeal was pending, but on October 21, 2016, the government indicated that it has withdrawn the appeal.

“The decision by Pretoria to withdraw from the Rome Statute is a response to a domestic political situation,” said George Kegoro ofthe Kenya Human Rights Commission. “Impervious to the country’s political history and the significance of the ICC to African victims and general citizenry, the South African leadership is marching the country to a legal wilderness, where South Africa will be accountable for nothing.”

South Africa is the first country to notify the UN secretary-general of withdrawal from the ICC. Burundi recently passed a law on ICC withdrawal but has not submitted notification with the UN secretary-general as required to trigger the process of withdrawal.

The ICC is meant to act as a court of last resort, stepping in only when national courts cannot or will not prosecute some of the most serious international crimes.

Since 2009, the ICC has faced a backlash from a vocal minority of African leaders alleging that the court is unfairly targeting Africa. While all of the ICC’s investigations to date – with the exception of Georgia – have been in Africa, the majority have been initiated at the request of an African government: Central African Republic, Côte d’Ivoire, Democratic Republic of the Congo, Mali, and Uganda.

The situations in Libya and Darfur were referred by the UN Security Council. Kenya is the only African situation in which the government or Security Council did not make a request to the ICC regarding investigation.

At the same time, there is an uneven landscape. A number of powerful countries and their allies have been able to avoid the reach of the ICC, and of justice more generally. The ICC is constrained in reaching these countries because they are not parties to the ICC and because they or their allies on the Security Council have used the veto to block referral to the ICC of situations desperately in need of justice, including Syria.

The African Union (AU) has been a source of attacks on the ICC and in January 2016, it set up a committee to explore a strategy for ICC withdrawal. Many African governments continue to support the court, but have too often been silent in the face of attacks on it. Support has included cooperation with investigations and the referral of new situations to the court. Mali referred the crimes committed in its country in 2012, and Gabon referred crimes committed in its country in September 2016.

In July, during the AU summit, several African ICC members – Côte d’Ivoire, Nigeria, Senegal, and Tunisia – took an important step in joining Botswana, a vocal ICC supporter, to expressly oppose an AU call for ICC withdrawal. Burkina Faso, Cape Verde, the Democratic Republic of Congo, and Senegal also entered reservations to the July summit decision. Since 2009, activists across Africa have joined with international groups to call for African governments to support and strengthen the ICC, instead of undermining it.

“Now, more than ever, countries that believe in the rights of victims should affirm their support for the ICC,” said Oby Nwankwo of the Nigeria’s national Coalition for the ICC. “We should hear from Nigeria, Ghana, Ivory Coast, Senegal, and Central African Republic, among many others, on the importance of the ICC in Africa and globally.”

For more information, please contact:
In Banjul, for Human Rights Watch, Daniel Bekele (English): +1-917-385-3878; or bekeled@hrw.org
In Abuja, for Nigerian Coalition for the International Criminal Court, Chino Edmund Obiagwu (English): +234-0703-000-0014; or +234-012-802-009; or +234-0803-691-3264 (mobile); orobiagwu@ledapnigeria.org
In Accra, for Ghana Center for Democratic Development, Franklin Oduro (English): +233-249-77-7788 (mobile); orf.oduro@cddgh.org
In Banjul, for Burundi Coalition for the ICC, Lambert Nigarura (French): +220-271-2084; or +257-71-741-127; or +250-78-377-0959; or nigarlambert@gmail.com
In Freetown, for Center for Accountability and the Rule of Law-Sierra Leone, Ibrahim Tommy (English): +232-76-365-499; or ibrahim.tommy@gmail.com
In Johannesburg, for International Commission of Jurists and Fédération Internationale pour les Droits de l’Homme, Arnold Tsunga (English): +27-716-405-926 (mobile); orarnold.tsunga@icj.org
In Johannesburg, for Human Rights Watch, Dewa Mavhinga (English): +27-73-5211-813 (mobile); or mavhind@hrw.org
In Johannesburg, for Southern Africa Litigation Centre, Angela Mudukuti (English): +27-767-623-869; or AngelaM@salc.org.za
In Lilongwe, for Centre for Human Rights and Rehabilitation, Fletcher Simwaka (English): +265-999-285-604 (mobile); orflesimwaka@yahoo.com
In New York, for Coalition for the ICC, Steve Lamony (English): +1-646-465-8514; or This email address is being protected from spambots. You need JavaScript enabled to view it." target="_blank">lamony@coalitionfortheicc.org
In New York, for Human Rights Watch, Elise Keppler (English): +1-212-216-1249 (office); or +1-917-687-8576 (mobile); orkepplee@hrw.org
In Nairobi, for Kenya section of the International Commission of Jurists, Stella Ndirangu (English): +254-7222-336-399; or This email address is being protected from spambots. You need JavaScript enabled to view it." target="_blank">stella.ndirangu@icj-kenya.org
In Nairobi, for the Kenya Human Rights Commission, Andrew Songa (English): +254-722-264497 (mobile); or Asonga@khrc.or.ke
In Pretoria, for the International Crime in Africa Programme, Institute for Security Studies, Jemima Njeri (English): +27-832-346-566; or +27-123-469-500; or jnjeri@issafrica.org

The following organizations that are active in an informal group that promotes justice for serious crimes endorsed this release (additional endorsements will be updated online):
African Center for Justice and Peace Studies (Uganda)
Africa Legal Aid
Burundi Coalition for the International Criminal Court
Centre for Accountability and Rule of Law–Sierra Leone
Centre for Human Rights and Rehabilitation (Malawi)
Center for Democratic Development (Ghana)
Civil Resource Development and Documentation Centre (Nigeria)
Coalition for Justice and Accountability (Sierra Leone)
Coalition for the International Criminal Court
DefendDefenders (Uganda)
Federation Internationale des Droits de l’Homme
Foundation for Human Rights Initiative
Human Rights Watch
International Commission of Jurists
International Commission of Jurists–Kenya
International Crime in Africa Program at the Institute for Security Studies (South Africa)
Kenya Human Rights Commission
Kenyans for Peace, Truth, and Justice
Legal Defence and Assistance Project (Nigeria)
Ligue pour la Paix, les Droits de l’Homme et la Justice (Democratic Republic of Congo)
Nigerian Coalition for the International Criminal Court
Parliamentarians for Global Action
Southern Africa Litigation Centre (South Africa)
Vision Sociale ASBL (Democratic Republic of Congo)