KEN 001 / 0705 / OBS 047
Arbitrary arrest and detention / Ill-treatment /
Release on bail / Judicial proceedings
Brief description of the situation:
The Observatory has been informed by the Kenya Section of the International Commission of Jurists (ICJ Kenya) and by the Kenyan Human Rights Commission (KHRC) about the arbitrary arrest and ill-treatment of two human rights defenders.
According to the information received, Mr. Ojiayo Samson and Mr. Mithika Mwenda, two human rights activists and members of the Multi-Sectoral Forum (MSF) - Yellow Movement, were arrested and beaten up on June 18, 2005 while attending a procession in Maua on the occasion of the launch of the MSF Maua Chapter. The procession was aimed at extending MSF to the regional parts of the country to allow Kenyans to decide their next steps and future in the constitution process.
Mr. Samson was held at the Njiru Police Station in solitary confinement while Mr. Mwenda was admitted in Maua Hospital, chained to his bed and on police guard.
On June 21, 2005, Mr. Ojiayo Samson and Mr. Mithika Mwenda were released on bail. Both men are facing charges for "offensive conduct conducive to a breach of the peace in a public place" (Section 94(1) of the Penal Code), "behaving in a disorderly conduct in a police building" (Section 60 of the Penal Code, which relates to the offence of administering unlawful oaths), and "refusing to permit finger prints to be taken" (Section 21(3) of the Police Act - Cap 84 Laws of Kenya). They will be heard by the magistrates court for a routine check on the matter on July 4, 2005, and their trial will begin on September 26, 2005.
The Observatory fears that the charges brought against Messrs. Samson and Mwenda be arbitrary, and that they are aimed at sanctioning their activities in favour of human rights.
The MSF Yellow Movement is a civil society-led initiative that provides leadership towards the completion of the Constitutional review process. It is a network of human rights civil society organisations which are pressing for a people-driven constitution review process of the whole society. It therefore regroups representatives from several categories, including NGOs, social movements, political parties, religious organisations, trade unions and other special interest groups.
Actions requested:
Please write to the Kenyan authorities and ask them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Ojiayo Samson and Mr. Mithika Mwenda, as well as of all human rights defenders in Kenya;
ii. Ensure the unconditional release of Mr. Ojiayo Samson and Mr. Mithika Mwenda, and that they be granted a fair and impartial trial so that the charges against them be dropped, as they are arbitrary;
iii. Conform with the provisions of the Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular its article 1, which states that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels", and its article 12(2), which states that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration";
iv. More generally, conform with the provisions of the Universal Declaration on Human Rights, and with all other international human rights instruments binding Kenya.
Addresses:
H.E. Mr. Kiraitu Murungi, Minister of Justice and Constitutional Affairs, Harambee Avenue, P.O. Box 40112 / P.O.Box 30083, Nairobi, Kenya, Fax: + 254 231-5105
H.E. Mr. John Michuki, Minister of State in charge of internal security, Office of the President, P.O. Box 30510, Nairobi, Kenya, Fax : +254 233-7340
Mr. Amos Wako, General Attorney, State Law Office, Harambee Avenue, P.O. Box 40112, Nairobi, Kenya, Fax: +254 231-5105, +254 221-1082
Ambassador Amina C. Mohamed, Permanent Mission of Kenya to the United Nations in Geneva, Av. de la Paix 1-3, 1202 Genève, Switzerland, Fax: +41 22 731 29 05, E-mail: mission.kenya@ties.itu.int
Please also write to the embassies of Kenya in your respective country.
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Paris - Geneva, July 1, 2005
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
E-mail: observatoire@iprolink.ch
Tel and fax FIDH: + 33 1 43 55 20 11 / + 33 1 43 55 18 80
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