08/23/2007

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From: orina Nyamwamu
Sent: Tuesday, August 21, 2007 1:00
To
{List}
Subject: NCEC:THE KARATINA HARASSMENT OF RAILA AND OTHER POLITICAL LEADERS
NCEC Press Statement
August 21, 2007
THE KARATINA RAILA HARASSMENT: COMMISSIONER OF POLICE AND THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS MUST ACT
NCEC condemns the discriminative and illegal acts yesterday by Mrs. Weru to throw Mr. Raila Odinga and his LDP/ODM Party members and supporters out of her Tourist Lodge hotel in Karatina.
Mr. Raila Odinga, Ms. Mumbi Ng’aru, Mr. Ndolo Reuben and indeed all Kenyans have rights and freedoms to move to any part of the republic and enjoy services in any facilities in the country without their freedoms and rights being violated in any way whatsoever.
Mrs. Weru violated constitutional rights
In this instance the rights and freedoms of these political leaders under the constitution including and not limited to;
i.                   The freedom of Movement without any restrictions unless the same are informed by written law
ii.                The Freedom of association including holding meetings
iii.              The right to privacy to discuss private matters in private venues
iv.              Equality and the protection from discrimination on the basis of ethnicity or political affiliation and 
v.                 The freedom to receive and disseminate information;
Were all violated by the said private citizen Mrs. Weru.
Crimes aided by the police instead of arresting Mrs. Weru
The above rights and freedoms were evidently violated by the acts of Mrs. Weru. Indeed Mrs. Weru is further guilty of;
i.                   Mobilizing a mob with an intention to harass and intimidated the said political leaders
ii.                Disturbing the peace in Mathira constituency and Karatina town;
iii.              Fanning hatred against individuals who do not share her political beliefs
iv.              Corrupting the police by commandeering the officers to discharge an illegal duty and therefore offending the constitution of the republic of Kenya where the police are required to act with impartiality and to uphold the freedoms of all citizens without discrimination. Knowing that Mrs. Weru is a mother-in-law to one of President Kibaki’s son and remembering that Mrs. Lucy Kibaki was also escorted by high ranking officers including then Provincial Police Officer when she was committing various crimes including assault of a journalist, defaming individuals and threatening them and trespassing private property at that dark night at the Nation Newspapers office, there seems to be a chilling pattern where relatives of the President are using the police to act illegally. Why didn’t the police arrest Weru instead of helping her break the law? Why didn’t the Police arrest Lucy Kibaki instead of aiding her to assault journalists?
v.                 Organizing a riot and inciting people to commit felonies
vi.              Acting and planning to commit felonies including assault of Ms. Mumbi Ngaru
vii.            Issuing threats to unarmed and peaceful Kenyans.
Police Commissioner Brigadier Ali to come clean
This incident coming two weeks after police commissioner Brigadier Ali ordered the arrest of Hon. Chariy Ngilu and after he claimed that no one was above the law, NCEC calls on the commissioner of police now to come clean and act if indeed he is not biased in his application of the law. Clearly crimes were committed here and the rights of citizens attacked.
Remedial action by the Kenya National Commission on Human Rights
We further call on the Chairman of the Kenya National Commission on Human Rights, Chief Maina Kiai to invoke powers given to him by the law to use the machinery of the Commission to ensure that remedial action is taken to ensure that ethnic tensions do not result from this unfortunate and irresponsible act of a rogue business lady. We call upon the President to assure Kenyans that he does not condon these acts of discrimination and flagrant abuse of the law especially in his backyard in Nyeri district.
We call on all Kenyans not to interpret this act politically. We urge all Kenyans not to react even when provoked by entrenched anti democratic forces and individuals with ethnic and political biases as we think Mrs. Weru is.
Cyprian Orina Nyamwamu
Chief Executive Officer,
National Convention Executive Council 
 

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