Date: Wed, 22 Apr 2009 02:33:32 -0700 [04:33:32 AM CDT]
From: Suleiman Angulu
Subject: Re: Human Rights – Where are you?

Nyongesa,

Thanks for your good elaborate answer although you are not a lawyer as you said.

Well, my complain was that i have never heard Human rights body condemn Mungiki for their killings but should any of them be killed by police human rights are at the forefront to condemn the police. If Mungiki feel that some guys don’t like their activities they can as well get hold of that person and take him to the police if really their acitivities are justified.

If they abduct people and kill them I don’t see anything wrong if any of them is also abducted and killed by police or any Kenyan

Suleiman

From: George Nyongesa
Subject: Re: Human Rights – Where are you?
Date: Wednesday, April 22, 2009, 1:01 AM

I am not a lawyer and I respond to this question from a pedesterian legal thinking:

1. When a mungiki, SLDF, sungu sungu, robbers or any other wayward person kills a police officer or any other innocent person, that is a criminal act. The criminal law is very clear on the due process for such actions. The police officer/s know what the law says they should do with any persons engaging in criminal activity. The work of police officer ias to arrest, book, produce in court, prosecute and let an independent person in the name of a Judge decide on the fate of the accused. My personal opinion is that when mungiki kills the police or any Kenyan, the work of police officer is to arrest the criminal called mungiki take him to court and if found guilt, why not hang him at Kamiti GK Maximum Prison? That is within the law and therefore not extrajudicial killing.

2. When a Police officer, employed by Government (Republic of Kenya) on behalf of Kenyan taxpayers kills a mungiki without due process of the law, he commits a human right violation. Why? Because:
– the primary mandate of any government in a civilized society is to ensure enjoyment of human rights by its citizen especially the right to life.
– UN Universal Declaration on Human Right demands that all governments respects, protects and promotes human rights of all its citizens including the police and mungikis as guarnteed by the constitution and international laws.
– a government worth its salt must have a law enforcement and criminal justice system that can forestall criminal activities, arrest criminals and try the suspected criminals like Mungikis etc in just way.
– when a police officer in acting on behalf of the government of Kenya does not respect the laid out law and acts extra or outside that law, and that action takes away a citizen’s life, then in principle, the government through its machinery of violence called police has just abdicated it constitutional mandate stated above. In civil society actvism, instead of lumping the blame to the whole government you isolate the primary perpetrators of rights violation- the police and push that they must be held accountable.
– in the same breath when Mungiki eliminate fellow countrymen we must condemn the criminal activity and demand that the government steps mechanisms of law enforcement in protection of all lives.

Also let us ask ourselves:

-if the police becomes arresting officer, the prosecutor and the judge and even the hangman then why do we pay those other office holders?
-if the police officer becomes a law unto himself: supopose s/he has made a mistake in judgement of crime committed, or mistaken a dread locked guy to be a mungiki or makes error of judgment and kills an innocenet being then s/he sees the easiest way out of the mess is to criminalize the guy as a mungiki, how will the poor soul ever get justice?

Lastly, we, the ones who speak against human right abuse, must be understood to Human Rights Defenders not Criminal Lawyers. We only raise our voice for the voiceless when human rights are violated. Similarly, it is the work of the Kenya Police to raise their voice for voiceless when they are visited by criminal activities. We seek to hold the government of Kenya accountable in its consitutional mandate, for instance, guaranteeting enjoyment of human, socio-economic, civic, political and citizens rights. We do this without discrmination. I have been involved in the campaign for better wages and housing for the police officer. That is my area of interest since poor pay, bad living conditions and welfare are human right problems. However, when a police officer is killed by a thug, a mungiki or a robber that is a crime and the police force knows what to do- arrest and prosecute. The judge to decide. The on going criminal actions in Karatina, Kiambu and its enviorns are criminal activities and the government of Kenya must develop a sustainable solution to the root cause of the problem but not just to focus on the symptomatic confusions. I am sure this isn’t sufficient argument and I hope other comrades may improve on it or clarify.

George Nyongesa
Bunge la Mwananchi

— On Wed, 4/22/09, hellen waweru wrote:

From: hellen waweru
Subject: Re: Human Rights – Where are you?
Date: Wednesday, April 22, 2009, 9:26 AM

I agree

i would also like them to tell us what this is?????

they are not real. they only fight for where they have an interest. if it was any other time by 9am yesterday, they could have called a press conference and asked the police commissioner, minister of security the ocs in that local area to be fired. but where are they more than 24 hours after the killings

——————
From: Robert Alai
Sent: Wednesday, April 22, 2009 9:18:22 AM
Subject: Re: Human Rights – Where are you?

The Kenya police intentionally left the people to die because they would have been accused by Omar Hassan and his bunch of foreign blood sucking cohorts

Ndugu Kiraithe

You must act and act fast. We need an immediate protection for our brothers in Kerugoya, Karatina, Kiambu and Kirinyaga. I was in Kinoo on Sunday and it seems we might have the same problem very soon. The police must come out in full force and let me tell you ndugu Kiraithe that anybody who dies in crossfire will be a worthy sacrifice. We must sacrificee for peace.

We hate the empty talkers in Civic society. The police must act

On Wed, Apr 22, 2009 at 8:45 AM, Suleiman Angulu wrote:

Brother/Sisters

We all have a right to stay on this planet as long as it can take and it is only God who can terminate our contract with Him at will. Now when the Police deal with Mungiki, Human Rights call it extra-judicial execution, I would like them to give us a name of what happened in Karatina.

Can we call it extra-human rights whatever?

Regards

Suleiman

Brothers/Sisters,

We all have a right to stay on this planet as long as it can take and it is only God who can terminate the contract at His on own will. When the Police deal with the Mungiki menace, the Human Rights body call it extra-judicial execution, what name are they giving us for what happened at Karatina? Can we call it extra-Human Rights whatever?

Regards

Suleiman