[kictanet] Fwd: [ke-internetusers] Fwd: KPTJ Press statement on Naming of Cabinet

[Alex Gakuru]

[A NOTE for the record, I it is appreciated the "government sector"
has not censored online communication in these complicated times for
information handlers--AlexG]


/FYI

---------- Forwarded message ----------
Date: Jan 9, 2008 2:49 PM
Subject: FW: KPTJ Press statement on Naming of Cabinet


Subject: KPTJ Press statement on Naming of Cabinet



Kenyans for Peace with Truth and Justice



Statement from concerned citizens and governance, human rights and
legal organizations





We speak in the name of Kenya's governance, human rights and legal
organizations, as well as the concerned citizens who have contacted
and chosen to work with us over the last two weeks.



In our previous statement, we noted that, at the heart of the three
forms of violence now being experienced across the
country—disorganised and spontaneous, organised militia activity and
disproportionate use of force by the Kenya Police Force and the
General Service Unit—is the violation of fundamental freedoms and
rights directly related to the electoral process. It is clear that the
electoral anomalies and malpractices experienced during the counting
and tallying of the presidential vote were so grave as to alter its
outcomes. Some of those electoral anomalies and malpractices were, in
addition, illegal—thus rendering the supposed presidential outcome not
only illegitimate but also illegal. We therefore consider Mwai Kibaki
to be in office still on his first term.



We note now, with grave concern, the announcement yesterday by the man
sworn in as President of his supposed Cabinet. We consider this
announcement to have been made by a man in office illegitimately and
illegally and therefore to be null and void. We further note that this
announcement has, in fact, aggravated and inflamed the current
violence—as evidenced by the disorganised and spontaneous protests
witnessed yesterday in reaction to the announcement. We consider that
the announcement has thus seriously compromised the environment for
mediation. We refuse to allow the man sworn in as President to
continue presenting the nation with what is, in effect, a series of
'faits accomplis.'



We therefore reiterate our demands that, in particular:



1.     African states and the rest of the international community,
particularly the United States given its currently unhelpful
unilateral approach, to continue to pressurize for mediation by the
region under the leadership of President John Kuffour of Ghana,
current head of the African Union, between the Party of National Unity
and the Orange Democratic Movement on addressing the electoral
travesty that has occurred;

2.     The mediation process to, as its first priority, agree upon an
interim electoral oversight body to conduct a forensic audit into the
polling, counting and tallying process with a view to recommending,
depending on its findings, a re-count, a re-tallying or a re-run
within a specified time period;

3.     African states and the rest of the international community to,
in the interim, deny official recognition to the man sworn in as
President and his supposed Cabinet; and, in addition;

4.     All those supposedly announced as Cabinet members to refuse to
take up their positions upon their swearing in so as to enable the
mediation process to proceed.





Signed:







Africa Centre for Open Governance (AfriCOG)

Awaaz

Centre for Law and Research International (CLARION)

Centre for Multiparty Democracy (CMD)

Centre for Rights, Education and Awareness for Women (CREAW)

(CRADLE)

Constitution and Reform Education Consortium (CRECO)

East African Law Society (EALS)

Haki Focus

Hema la Katiba

Independent Medico-Legal Unit (IMLU)

Innovative Lawyering

Institute for Education in Democracy (IED)

International Commission of Jurists (ICJ-Kenya)

Kenya Human Rights Commission (KHRC)

Kenya Leadership Institute (KLI)

Kenya National Commission on Human Rights (KNCHR)

Kituo cha Sheria

Law Society of Kenya (LSK)

Media Institute

Muslim Human Rights Forum

National Constitution Executive Council (NCEC)

Release Political Prisoners (RPP)

Society for International Development (SID)

Urgent Action Fund (UAF)-Africa

Youth Agenda


Annex 1: previous demands



Our previous demands were for:



1.      All efforts and initiatives to consistently stress that peace
cannot and will not be achieved without electoral truth and justice;

2.      All Kenyans to stand up to be counted not just for peace but
also for electoral truth and justice;

3.      The state to respect and uphold the rights to the freedoms of
expression, assembly and association so as to ensure Kenyans protest
only legally, legitimately and non-violently;

4.      All politicians and political parties to immediately desist
from the re-activation, support and use of militia organizations such
as those active in the Rift Valley, Mungiki and Chinkororo;

5.      The Ministry of Internal Security, the Police Force and the
General Service Unit to exercise their duties within the boundaries of
the Constitution and the law and desist from any extraordinary use of
force and, in particular, extrajudicial executions;

6.       The Electoral Commission of Kenya to immediately resign for
having participated in and condoned a presidential electoral process
so flawed as to result in our nation's current crisis;

7.      African states and the rest of the international community to
pressurize for mediation between the Party of National Unity and the
Orange Democratic Movement on addressing the electoral travesty that
has occurred;

8.      The mediation process to, as its first priority, agree upon an
interim electoral oversight body to conduct a forensic audit into the
polling, counting and tallying process with a view to recommending,
depending on its findings, a re-count, a re-tallying or a re-run
within a specified time period;

9.      African states and the rest of the international community to,
in the interim, deny official recognition to the man sworn in as
President;

10.  African states and the rest of the international community to
immediately revoke any and all visas for any and all of the PNU's and
ODM's leadership—as well as all of their immediate family members—to
ensure they remain in this country to resolve the electoral travesty
that has occurred;

11.  The man sworn in as President to desist from announcing a Cabinet
and otherwise aggravating and inflaming the current violence.



Contact

Linda Ochiel

Principal Human Rights Officer

Media and Communications

Kenya National Commission on Human Rights (KNCHR) CVS Plaza,   Lenana   Road

P.O.Box 743559-00200 Nairobi -Kenya

Tel 254-20-2717908/2717928/2712664

Cellphone: 254-722-583-200/254-727-642193

haki at knchr.org

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