— On Sat, 7/23/11, Rose Kagwiria wrote:
From: Rose Kagwiria
Guys
Can somebody find out if all is well with these guys. Their phones are now off. Where are their lawyers? I never saw any lawyer mentioned anywhere
They gave an alarm yesterday that they were being transferred to some funny destination. We are busy condemning them but today as am writing this email, there phones are off. What happened? Anybody aware of their where about? The issues at hand is about our public funds. Is this what Kenyans want? When you shout out, you are silenced, yet the PEV suspect guys are enjoying themselves. I hope their heads have not been torn in pieces. Can somebody confirm?
from Judy Miriga
Folks,
This calls for urgent dispatch and reporting of the United Nations Security council, as we cannot trust the two Principle leaders of the Coalition Government.
This is a way moulded to silence critics of the Status Que, the Civil Society from engaging in public interest, while legitimate temperature to electioneering is being pumped and dangerously raised…….
Let the world intervene and help the situation………
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
— On Sat, 7/23/11, Rose Kagwiria wrote:
From: Rose Kagwiria
Judy
I hope people have not been told to be silent about the matter for their own security.
— On Sun, 7/24/11, CAROLYNE RUTO wrote:
From: CAROLYNE RUTO
Fellow Countrymen,
1. I would like to confirm that Omtata, George and the other 29 are fine and at Industrial Area remand like some colleagues here have indicated.
2. The Magistrate, Grace Macharia, did have them remanded till Wednesday 27th, However, the team of lawyers and advocates working on this case ( Antony, Momanyi and Myself) are trying to have them prrovide an appeal to this ruling of Mrs Macharia to appear in court on Monday (25th) before Justice Ochieng at the High court since our constitutional petition was being mentioned before him on this day. So what we are hoping to achieve is to mention the petition at the High Court as well have an appeal which we will have filed by the court time Monday heard. We will post you on what happens and what orders do issue from the High court.
3. Just to let you know that there is alot of good will from all quarters supporting this cause, National Politicians, several citizens who want to get involved in one way or the other and several High ranking people in government not to mention dedicated Human Rights organizations, with a very special mention to IMLU (Independent Medical Legal Unit).
4. I have read all the posts concerning the Omtata condom remark in court. I had no issue with it. Those of you watching it on TV clips or on streams might not appreciate the circumstances the comments were made. Some People naturally hate Omtata so would look for anything that does not look good to Crucify him. Omata is a poet and Playwright. The Condom remark was typical literal imagery, and i agree with him. I have actually penned a piece that i am sending for local print with the title, the Courts risk being condoms at the expense of being institutions of Justice. Some of us who claim the moral high ground and of course we are entitled, would find this sort of remark or line disparaging, but we feel the same about the Justice system just that we might not use the exact imagery. The activists have myriad cases,one on Ongeri in which they were arrested in December 2009, One on Kimunya on the sale of Grand regency, one on Members of Parliament increasing their salaries and the list is endless. George Nyongesa and Omtata find themselves in all these cases, Omtata’ s case list last i checked are 13, R vs OMtata….all these being cases where he has been either demonstrating or picketing . These rights are constitutionally ingrained, article 37 of the constitution and the constitution shows how you can limit these rights, article 24 of the constitution, so no one, unless they are “being used as a condom” can purport to limit these rights in any other way…if indeed Kenya is a republic and believes in the rule of law, unless there is no rule of law. Most of you found the condom remark disparaging, and shockingly the Police even charged him with the same offense in Kibera. Now, the comment would amount to contempt in case it was, But it wasn’t since the law stipulates what to do in cases of contempt as well as what a magistrate can do when an offense is committed before him/her, section 38 of the Criminal Procedure code. The magistrate did not find it an offence, only said, court had taken Judicial notice of the imagery, so what is all these holiness?… You must also appreciate that before the activists were brought to court, Omtata had just been bludgeoned on the fore head by the Deputy OCPD of Kilimani a Mr. Chebii, so he was both in pain and anger at his rights being violated when the real thieves were fetting their concubines with tax payers Money. It is possible to go on and on in defending him on this, but lets let this condom remark pass it was juts imagery.
5. Let us all as citizens, be vigilant in helping to ensure the rule of law in Kenya and that the constitutional is implemented to the letter as well as obeyed in the performance of duties as therein directed.We might not do it a la omtata but lets do something in our small ways. This coalition government, is of Ali Baba and many thieves. God Bless Kenya.
Agostinho