From: ouko joachim omolo
Colleagues Home & Abroad Regional News
BY FR JOACHIM OMOLO OUKO, AJ
BONDO-SIAYA COUNTY
THURSDAY, DECEMBER 15, 20111
Dr Mzalendo Kibunja, the National Cohesion and Integration Commission (NCIC) chairman is taking Kenya back to dark ages during Jomo Kenyatta and dictator arap Moi regimes where fear was the order of the day resulting into a culture of fear in national life.
Kibunja is proposing that Facebook and Twitter users in Kenya who post material passing as hate speech and incitement to violence could be arrested and charged in court of law.
Such laws cannot be allowed in Kenya that is why in 2003 when the US tried to force Kenya to pass the Anti-Terrorism Bill aimed at combating terrorism in the East African nation it was opposed by parliamentary committee.
Their decision coincided with hundreds of protestors taking to the streets of the Kenyan capital, Nairobi, to voice their opposition to the Suppression of Terrorism Bill. A statement from the Administration of Justice and Legal Affairs Committee said that the proposed bill “threatens to tear apart the very fabric of one nation and could offer fertile ground for inter-religious animosity and suspicion”.
The bill would allow the police to arrest and search property without authority from the courts, and allows investigators to detain suspected terrorists for 36 hours without allowing them contact to the outside world.
The bill had generated heated public debate and strong criticism, with the main opposition party, Kenya Africa National Union (Kanu) and a number of MPs from the ruling Narc coalition describing it as foreign and unworkable in Kenya.
Legal experts and human rights groups in Kenya dismissed the bill as an absurd imitation of the US Patriot Act 2001, the South African Terrorism Bill 2002 and Britain’s Anti-Terrorism, Crime and Security Act 2001.
Dr Kibunjia proposed that he would work with the police on monitoring materials posted on Facebook and Twitter by individuals and organisations.
Although according to Kibunja the monitoring would be intense as Kenya approach the next general election, much of the post-election violence was over land disputes between rival ethnic groups, and unless the constitution would set up a land commission to manage public and community land, post election violence is there to stay in Kenya.
According to Kibunja the Commission was not only working with CID officers from the cyber crime unit on the matter and that the Communications Commission of Kenya (CCK) and other stakeholders would also be involved but also they have already written to owners of facebook asking them to cooperate with NCIC in handling the issue to the extent of shutting down some of the accounts operated.
Dr Kibunja has already tested his proposition on the human rights commissioner Hassan Omar’s recent published article which he claims is laced with incitement, tribalism and hate speech.
The article, titled “What do Kibaki men know or what are they planning” and which was published on November 27 in the Sunday Standard, has sparked sharp reactions from members of the Kikuyu community who claim that the rights crusader is unfairly targeting their community.
By Kibaki men Hassan refers to tribal and regional appointments where Muchemi Wanjuki is appointed as Solicitor General, Deputy Solicitor General, Muthoni Kimani, Registrar of Political Parties Lucy Ndung’u, Deputy registrar-general, F M Ng’ang’a, and Registrar General Bernice Gachegu.
In Internal Security Permanent secretary, Mra Kimemia is from Kibaki ethnic community, others include CID Director – Ndegwa Muhoro, AP Commandant – K. Mbugua, Commissioner of Police Matthew Iteere, GSU boss Munga Nyale, Police spokesman Eric Kiraithe, NSC – Peace and Conflict Management Mr. S.K. Maina, Government Printer: Andrew Rukaria, and Senior Director Administration/Internal Security: E. Mutea.
Hassan is also opposed to the appointments of the Finance Ministry where Minister is Uhuru Muigai Kenyatta is from his ethnic group, Permanent Secretary – Joseph Kinyua -Pensions secretary – Anne Mugo, ERD director – Kenneth Mwangi D/Finance secretary – Mwirichia, Controller and Auditor – General; Priscilla Njeri Komora.
Others include Governor of the Central Bank of Kenya, Prof. Ndungu, Dep. Governor – John Gikonyo, Kenya Revenue Authority Commissioner General; Michael Waweru, Board Secretary: Mrs Ngang’a, Senior Deputy Commissioner, Investigation and Enforcement: Mr Joseph Nduati, Deputy Commissioner, Investigation and Enforcement: Mr Namu Nguru, Deputy Commissioner, Administration: Mr Karimi and Deputy Commissioner Procurement: Ms Murichu.
Commissioner for customs services: Mrs. Wambui Namu, Senior Deputy Commissioner (Customs): Ms Githinji, Deputy Commissioner, Finance- Ms Wachira, Commissioner Domestic Taxes (LTO)-Mr Njiraini, Deputy Commissioner: Mrs Mwangi, Senior Deputy Commissioner, Finance: Mrs King’ori. Senior Assistant Commissioner, Security: Major Kariuki, Senior Deputy Commissioner, Southern Region: Wagachira and Commissioner of Investigation and Enforcement; Joseph Nduati.
Kenya Airports Authority MD, Stephen Gichuki, General Manager Finance; John Thumbi, General Manager Marketing and Business Development; Lucy Mbugua, General Manager Information and Communication, Technology; Anthony Wachira, General Manager Security Services; Stanley Mutungi, Head of Corporate Communications / PA to the MD: Dominic Ngigi, Head of Procurement and Logistics: Allan Muturi.
Kenya Ports Authority, Gichiri Ndua- MD, in the Ministry of Industrialization: Assistant Minister: Nderitu Muriithi, Chairman of the National Standards Council, Karanja Thiong’o, Permanent Secretary, Karanja Kibicho, Chairman of the Board: Eng. Geoffrey Ng’ang’a Mang’uriu.
Kenya Power and Lighting Company (KPLC)- Managing Director and Chief Executive Officer; Joseph K Njoroge, Company Secretary; Laurencia K Njagi, Chief Manager, Energy Transmission; Sammy Muita Chief Manager, Commercial Services; Rosemary K Gitonga, Chief Manager, Distribution; Benson Muriithi, Chief Manager, Planning, Research and Performance Monitoring; Eng. Raphael Mwaura.
Kenya Petroleum Refineries: General Manager: John Mruttu, Finance Manager: Reuben Ndinya, Human Resource Manager: Martin Wahome and Engineering Manager: Charles Nguyai.
Tribalism according to Hassan cannibalises our society and we must fight it at all coast. The Kibaki regime he says exploits this state of affairs. That is why to deal with ethnicity, a sustained, courageous, open, and painful discussion must ensue with firm and decisive interventions.
Despite the fact that Kibaki knows clearly that the above mentioned positions are taken by people from his ethnic community and region, he was not a shamed yet again to recently appoint Chief of Defence Forces, General Julius Karangi, the Commandant of the Administration Police, Kinuthia Mbugua, the Director General of the National Security Intelligence Service Michael Gichangi, the Director of the Criminal Investigations Department Ndegwa Muhoro are all Kikuyu community.
Although the Police Commissioner Mathew Iteere is a Meru, the fact that he comes from his region makes it ethnical. Hassan argues that even though article 241 (4) of the Constitution expressly states the composition of the command of the Defence Forces shall reflect the regional and ethnic diversity of the people of Kenya, Kibaki’s act is against both the spirit and letter of the new Constitution.
To express this concern therefore, according to Hassan is neither hate speech nor advocating tribalism. That is why the demand by Sports Assistant minister Kabando wa Kabando, his Public works counterpart Mwangi Kiunjuri and MPs Jeremiah Kioni (Ndaragwa) and John Mututho of Naivasha that he should resign is uncalled for.
The MPs all from the Kikuyu community claimed that Omar authored an article which was published in the Sunday Standard last weekend which they said bordered on hate speech and incitements against their Kikuyu community.
The Kikuyu law makers, who were speaking at Parliament Buildings, said such articles and other inflammatory remarks by various leaders led to the 2007/08 post election violence that left over 1,300 Kenyans dead.
It is against the background that MP Wilfred Machage and co-accused for hate speech were set free. During their campaign against the draft constitution, they were widely quoted as saying that some communities in the volatile Rift Valley could be evicted if it is passed in a referendum on 4 August 2010.
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