Kenyan Pundit

Court_Ruling5

Originally uploaded by ateka.

Hon. Khaniri and Titus Mbithi leaving the court after the hearing on the nolle on Tuesday.

It’s been a crazy busy day…no time to blog. Just wanted to say that the nolle accepted, the charges against Mr. Mbathi and Hon. Khaniri were thrown out. Ruling was predictable, particularly because the magistrate is bound by lots of bad Chunga-era law. Details to come when I get a chance.

Here is the official version of events. We are back in court for the ruling tomorrow morning…I predict that we will lose, and the nolle will proceed. If that happens, the Commission should be filing two more cases either on Friday or Monday. Maybe Wako will run out of nolles eventually. My personal observations to come soon. For more on the KNCHR’s monitoring efforts including PDF and Word versions of the Lists of Shame that have been released so far, click here.

A number of you have left comments congratulating the Commission on a job well done. I urge you to email them and express your support directly via
haki-at-knchr.org. They are doing a difficult job under difficult circumstances (wouldn’t it have been nice if Githongo had operated in such an above-the-board manner…but I digress).

Ruling was issued a bit ago. Concerns about plunging the country into chaos seem to have prevailed. I’m off to court in a hour to watch our legal team try and stall the nolle and hopefully rewrite private prosecution law. Chances of success are slim…wish us luck!

The following information was part of a paid advertisement published in the Daily Nation and the Standard since the press could not be relied upon to publish the full list.

“So far, there have been too many examples of language that constitutes the crimes of incitement to violence and hate speech along ethnic or racial lines. Further there is a trend of politicians in the course of the ongoing referendum campaigns using derogatory, insulting and degrading statements which we have labeled as unsavoury language by politicians.

We wish to notify politicians that it is an offence contrary to Section 96 of the Penal Code to utter, print or publish any words or do acts calculated to bring death or physical injury to any class, community or body of persons, lead to damage or destruction of property or lead to defiance of lawful authority. The following are samples of utterances (or words closest to the verbatim account of what was uttered), collected by the KNCHR and KHRC Field Monitors in the course of monitoring the ongoing referendum campaigns which would constitute the offence of incitement to violence and disobedience of the law“:

- “Kombo anakula pesa ambayo iliuwa Mbai” Hon Reuben Ndolo, MP for Makadara, 23rd October 2005 in Kibera Laini Saba.

- [Physically resist encroachment by the Orange team into Nyandarua], Hon. Thirikwa Kamau, Immediate Former MP for Ndaragwa, 10th October 2005 at Njambini Grounds

- Squatters should continue occupying the late JM Kariuki’s land, [this notwithstanding a court order to vacate], Hon Amos Kimuya, Min for Lands & Housing, and MP for Kipipiri, on 24th October 2005 at Ol Kalou.

“Wakisimamisha pension ya Moi, then Wakalenjin na Wakamba watavamia State House”Hon Daudi Mwanzia, MP for Machakos Town, 15th October 2005 at Iten Stadium.

- [Chase away commissioner Mutaha Kangu once he lands in Subukia for civic education]. Hon Koigi wa Wamwere, MP for Subukia on 28th October 2005 at Kabazi.

“Raila the monster should be hit on the head and killed so as not to destabilize the Kibaki government”William Wambugu, Councillor, Mukaru Ward on 6th November 2005 in Tetu.

“No one knows whether Uhuru ever got circumcised since he studied abroad. But I want to tell you that since he will come to lie to you here, we should all position ourselves strategically in the various exit points. Then we strip him naked and establish whether he is circumcised,” James Gathaka, Former Mayor of Nyeri, 6th November in Tetu.

“If we pass this Constitution, the Orange Team should not step in Meru unless they remove their flags,” Hon Peter Munya, MP for Tigania East, 7th November in Tigania.

“If YES wins, the Kikuyus should pack their bags and move out of Eldama Ravine, ” Hon Musa Sirma, MP for Eldama Ravine, 6th November 2005 in Eldama Ravine.

“People should prepare for war if NO wins.” Hon Mwangi Kiunjuri, MP for Laikipia East on 28th October 2005 at Kabazi.

“Do not to allow any group of Orange campaigners to address [you] since [you have] pledged [your] allegiance to vote yes, ” Hon Petkay Miriti, Assistant Minister for Industry, 15th October 2005, Chuka Town.

“People should retaliate if the perpetrators of Kisumu killings will not come out openly and apologize to the Kisumu residents” Hon William Omondi, MP for Kasarani, 4th November 2005 at Tala Market.

“Defend [your] land from encroachment by foreigners. [He called on] young people to arm themselves with AI (local parlance for bows and arrows) to defend the community”.
Hon Musa Sirma, MP for Eldama Ravine, 30th October 2005, Kapkures, Nakuru.

“Wale hawajatahiri peleka jandoni” Hon Simeon Nyachae, Minister for Energy & MP for Nyaribari Chache, 15th October 2005 in Ndumberi.

Further, it is subversion, contrary to section 77 (3) (e) of the Penal Code to utter any words intended or calculated to promote feelings of hatred or enmity between different races and communities in Kenya. Utterances recorded by our Field Teams falling under the category of subversion include:

- [Kalonzo is lost, Kambas do not walk with uncircumcised men] “gutie mwikamba uthisaga na ivisi,” Hon Njeru Ndwiga, Minister for Cooperatives & MP for Manyatta, 8th October 2005, Maua Stadium.

- “They hate us because we are hard working. Luos just go fishing and fish is free, and then ask the government for relief maize
to make ugali” Hon Alfred Nderitu, MP for Mwea, 5th November 2005 at Kerugoya

“Debate about the constitution stopped long ago when Raila and his group started scheming on how to usurp power from our tribe. Now the big question is, are you surrendering power to Raila or not? You have to turn out in large numbers on November 21st or else this Luo takes over power from us. We are three million while the Luos are only seven hundred thousand.” Hon Muhika Mutahi, Immediate Former MP for Mukurweini, 6th November in Tetu.

“Delamere kills Africans like dogs, the new constitution will teach him and the settlers a lesson since their land will revert to the government.” Hon P.G. Mureithi, MP for Nyeri Town, 6th November in Tetu.

“The way I was born holding a microphone is the way Raila was born holding a stone with his people, fighting all the time.” Hon Kalembe Ndile, MP for Kibwezi, 5th November 2005 in Nunguni Market.

“Should the draft constitution pass, Parliament should add a section that demands every man of age to get circumcised. A campaign on circumcision should be launched by the government.” Hon James Njiru, Former MP , 5th November at Kerugoya.

“That Asian who was brought here called Prof Yash Pal Ghai went to Sri lanka and wrote a Constitution like the one he brought to Bomas. Immediately he left, people in Sri lanka were already slaughtering each other even worse than the Tutsis. -We kikuyus are many, we are found all over including Mombasa, Kisumu, isiolo. We should then turn out in large numbers to vote so that we are not defeated.” Hon Mutahi Kagwe, MP for Mukurweini, 6th November 2005

“The drivers of the No campaign are all disabled fellows and this mugithii imeisha brakes.” Hon Njeru Ndwiga, Minister for Cooperatives, MP for Manyatta, 17th October 2005 in Runyenjes

“Mombasa nzima watu wote ni masquota kwa sababu ya Waarabu kutoka Zanzibar.” Hon Kalembe Ndile, MP for Kibwezi, 4th November 2005 in Makindu.

“Wengi wenu mumesoma hii report ya constituency levels of poverty Kenya yote. Ukienda mahali kama Nyanza province, huko watu hawafanyi kazi wanangojea watu wa Central wafanye kazi, kazi yao ni kungojea.” Hon Elias Mbau, MP for Maragua, 5th November 2005 in Muranga.

“Hii samaki people hawatosheki. ” Hon Paul Muite, MP for Kabete, 10th October in Naivasha.

“Pesa ya barabara za pwani zimepelekwa Mt. Kenya Region.” Hon Najib Balala, Minister for National Heritage & MP for Mvita, 15th October 2005 in Kilifi