AN OPEN LETTER TO MARGARET KENYATTA ON ONGOING COUNTRYWIDE EVICTIONS AND DEMOLISHIONS.

 

DURING WORLD DAY OF SOCIAL JUSTICE: 

20^th February 2021.

 

Salutation Madam President, Margaret Wanjiru Gakuo Kenyatta.

Today being 20th February 2021, is a day recognized by the United Nations 63^rd Session of the General Assembly, as World Day of Social Justice.

Social Justice is an underlying principle for peaceful and prosperous coexistence within, among people and nations. Religiously this date is a day significant with giving gifts back to God, and honoring him (exodus 25; 1-4)

Holy Torah teaches us in the book of Exodus 23; 1-4 “You must not carry false rumors, you shall not join hands with the guilty to act as unjust witness. Do not side with the mighty to do wrong, and do not giver perverse testimony in a dispute by learning towards the mighty, nor must you show deference to a poor man in his dispute.

The Quran 16:90 God commands Justice and fair dealing.

The Quran 16: 114 but some humans think they are more intelligent than the creator.

It’s an open secret that Madam, you are the brain behind revival of Kenya Railways Cooperation under the President Uhuru tenure, by virtue of being a loving daughter of Mr. Njuguna Gakuo the first African to head and manage Kenya Railway.

Dr.Martin Luther King Jr. Stated “The Ultimate tragedy is not the oppression and cruelty by the bad people, but the silence over that by the good people”

You are a beacon of hope and has been in the fore front in fighting for the betterment of Kenyan women, the world attests to your love for their plight, in the year 2013 you launched Beyond Zero Campaign, its main goal were to improve the maternal and child health, to date no other first lady in the world has accomplished what you initiated and continue to do.

Please Mama, the country tonight is bleeding, under the Presidency of your husband, we have witnessed some of most egregarious human rights violations, especially on demolitions and forceful evictions, world over evictions carry the face of a woman.

Its noteworthy that the DEED LEASE of all parcels of land owned by Kenya Railway Cooperation are on leasehold under the East African Railway and Habour Administration, a corporation sole by virtue of East Africa Railway Act, today some parcel of these leasehold lands have been hived off to a shell entity named Kenya Railways Staff Retirement Benefits Scheme (KRSRBS-Pension Scheme) through Kenya Gazzette No.169 of 2006.

 During its formation the  1st Chairperson of the KRSRBS -Board was Madam Berly Odinga sister to Hon. Raila Odinga, then CEO-Mathew Tuikong kIpchirchir a kin to Depurty President William Ruto,to date assets worth billions have been controversially sold at a throw away prize. The KSRBS Scheme Investment Committee is led by a Mr. Kadima a relative of Hon Raila Odinga.

All the land under KRC belongs to the East Africa Railways and Harbors Administration which had a 99 year leasehold signed in 1.1. 1969 annual rent equivalent to a peppercorn, Kenya is a signatory to international treaties and for the prosperity and wellbeing of all citizens we believe its high time those affected by ongoing  Kenya Railways demolitions  to address this colonial railway lease on an international scale. Interesting by 1932 the Land Act Railway Land leasehold had specification which continue to be violated.

At the Kenya Judicially there stood over 1200 Court cases against Kenya Railways Cooperation some going as far as 30 Years ago , most of pending matters  are  deliberately frustrated by judicial officers, mainly judges whom are one way or the other are beneficially of Railways Assets. Similarly individuals in this and previous governments have frustrated settling matters related to Pensioners, retrenches, retirees and their families and former staff of Kenya Railways Cooperation today its estimated over 8 Pensioners pass away on a monthly basis.

  DEVELOPMENT INDUCED EVICTIONS AND DEMOLISHIONS.

On 5th February 2021 the 216 Km, Nakuru –Kisumu a project worth Ksh 3.8 Billion,  left over 3500 Nubian Community at KIBOS homeless, the sacriage demolitions of 1938  mosques is a provocation and a recipe to seed of discord  planted towards Muslim believers, such an intolerance has grievous repercussion especially to Kenyans living in Islamic Arabic Countries.

Reflecting on the first term of President Uhuru-Ruto government it established a Muslim and Somalians incarcerations Detention Camp at Kasarani, the then and now Minister for Interior and National Coordination was cited for contempt of Court to date he has numerous pending court orders which he has deliberately ignored or being shielded from prosecution that’s the height of impunity.

Similarly in 2018 a 2 Billion Ngong Road-Kungu Karumba-Langata a 2 Billion Link Road project undertaken by Kenya Urban Roads Authority evicted over 20,000 Kenyans without compensation or relocation, a European Union development induced project. 5^th June 2020 the Kenya Railway Nyeri Kiganjo –Nanyuki line a  Ksh 2 Billion Project left over 1890 residents homeless. Kwale County over 1000 people evicted from a 1000 Acre Maruma land row.

Madam President. At the height of Covid 19 late last year some of the evictions that have been happening are sanctioned by the Government mainly along and near railway line, over seen by Paramilitary the Police and Nation Youth Service, a grouping that undertook  the  Ol Karau township evictions where 2500 residents were affected, Naivasha 2100, Nakuru-Bondeni-3450 Residents, Karatina Market in Mathira 2500 affected, Gilgil Town 1800 residents, Mbaruk, Mashini Trading Center 800 Residents, Njoro Posta-2405 Residents, Elburgon 1300, Molo 2300 residents, Kitale 1560 residents, Eldoret 2300 residents, Muhoroni 2450 residents, Kakamega 1800 residents.

The 7 Trillion Debts

The only purpose of the ongoing demolitions and evictions serve as a devious means of stealing other peoples' land. In a country faced with an astronomical debts accumulated to worth more than Ksh 7 Trillion in a span of 8 Years, means indebting this generation to the next generation. In part we are to blame due to the natural hypocrisy of high-handed western governments whose foreign policy is always subordinate to interests rather than values, our country keep on borrowing for our insatiable appetite for debts.

Kenya Revenue Authority

Mathematically for every Sh 100 collected by the Kenya Revenue Authority (KRA) in six- month period, an average of Sh61.40 went into servicing debts procured from local and foreign creditors. Debt repayments gobbled up about 61% of taxes during the first half of the current financial year, even as treasury dithered on taking up a relief offer from developed countries.

Chief Justice David Maraga Advisory to President Uhuru.

The country keeps incurring recurrent expenditure on illegal political baggage a case in point. The Chief Justice David Maranga advisory to President Uhuru to dissolve Parliament for failing to actualized 2/3 Gender rule. As the president Continue to neglect his constitutional duty, it’s a matter of time before citizens raise against his government excesses.

Credit Reference Bureau

As at 15^th February 2021 it was reported that over 14 Million Kenyan have been blacklisted by money lenders for defaulting to pay loans.

Neo-Colonialism and accompanying land crab in Kenya.

British embassy and Japan Embassy are main beneficiaries of land Grabbed

The 3 Acre British Embassy located in Upper Hill, Kenya was hived off from Kenya Railways Land No.1273 at an undervalued prize of Ksh 53 Million which the embassy did somehow pay Ksh 50M, way below market value, our petition dated 29^th October 2012 was never acknowledged nor acted upon.

Some of other notable Kenya Railway Cooperation lands and asset hived off illegally are the Japanese Embassy in Kenya, Tanzania Embassy, AIC Church, KCB Tower, TSC Headquarters to Radisson Blue hotel, first to filth Ngong avenue land, all parcels along upper hill road hill lane, Mara road moving upto Elgon Road to Mtumbato road.  

REDD+ , Ogiek  Indigenous Community

We witnessed in 2019 thousands of traders mainly Kikuyus in Ausin Gishu County facing evictions and demolitions, indigenous Ogiek Community, Kalenjin Community being evicted from Mau Forest and Mt. Elgon, without a recourse or reprieve. Recent articles cite evictions tied to the REDD funding programs in the Kenyan Cherangany Hills, where paramilitary groups working for the Kenyan police have  violently evicted the indigenous populations, as well as burning down their houses in efforts to remove them from their REDD-managed land. 

SPECIAL RAPPORTEUR ON ADEQUATE HOUSING MISSION TO KENYA.

Interestingly in the year 2004 the Special Rapporteur on Adequate Housing conducted a mission to Kenya, to access the situation of housing in particular attention to the problem of lack of housing and essential services, slum upgrading, housing, land and living conditions of vulnerable populations and evictions. The report was submitted to the UN Commission on Human Right on December 17, 2004 (UN Doc E/CN.4/2005/48/Add 2) For the United Nation, the pursuit of social justice for all is at the core of global mission to promote development and human dignity.

Mama, Its on this background we highlight to you following that the Universal declaration of Human Rights (1948) the Right to Housing is an obligation of Kenya Government which ratified and consented to Universal Declaration (UDHR) Article 25 states” Everyone has the right to a standard of living adequate for health and wellbeing of himself and of his family, including food, clothing, housing and Medicare and necessary social services.

The International Covenant on Economic, Social and Cultural Rights (ICESCR) which came into force in 1976 and was acceded to by Kenya in 1972. Is one of the two sister covenants adopted by UN.

The Sister Covenant of the ICESCR is the International Covenant on Civil and Political Rights (ICCPR) which entered into force in 1976.ICCPR recognizes under article 7 (1) that “No one shall be subjected to arbitrary or unlawful interference with his privacy,family,home or correspondence ,nor to unlawful attacks on his honor and reputation”

The convention on the Elimination of all forms of Racial Discrimination (CERD) entered into force in 1969 and was acceded to by Kenya in the year 2001.Article 5.States Parties undertake to prohibit and eliminate racial discrimination, in all its forms and to guarantee the right of everyone, without distinction as to race, color or national or ethnic origin, equality before law.

The Convention on the Elimination of all forms of Discrimination against Women (CEDAW) which entered into force and was acceded to by Kenya in 1984 states in Article 14 State Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality before law.

Convention on the Rights of the Child (CRC) entered into force in 1990 ratified by Kenya in 1990 Article 27” The right of every child to a standard of living adequate for the child, physical, mental, spiritual, moral and social development. State parties in accordance with national conditions and within their means ,shall take appropriate measures to assists parents and other responsible  for the child to implement this right and shall in case of need provide material assistance and support Programs, particularly with regards to nutrition, clothing and housing.

The Convention against Torture and Other Inhuman or Degrading Treatments or Punishments. (CAT)

Came into force in 1987 and was acceded to by Kenya in 1997.The committee that monitors compliance to CAT has stated on numerous occasions that forced evictions are a form of inhuman or degrading treatment or punishment. Article 16(1) that Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1When such acts are committed by or at the instigation of or with consent or acquiescence of a public official or other person acting in an official capacity.

 25th /11/2020 during the launch of BBI Signature collection drive, the President did reprimanded the Director of Criminal Intelligence from collecting evidence on the perptrators of 2007 PEV, indication that his government is not ready to reconcile or address the plight of Internally Displaced People.

 

The Convention on the Rights of Person with Disability (CRPD)

 Came into force in 2008 and ratified in 2008, it addresses specific housing needs of person with disability in article 28.

A state party to all the above treaties submit periodic reports and undergo review before the relevant treaty monitoring body every five years or so.

In 1997 CESCR subsequent to General Comment 4.adopted General Comment 7 on forced evictions. The general comment on forced evictions frequently violate Human Rights, such as the right to life ,the right to security of the person, the right to none interference with privacy  ,family and home and right to peaceful enjoyment of possession.

The treaty Monitoring Body of United Nations Economic and Social Council work is to review state party’s compliance with treaties through periodic review which they issue Concluding Observations.

1993 Country Periodic Review by United Nation got concerned about Kenya inadequate and insecure housing and living conditions and forced evictions.

2008 review of Kenya continued to express concerns about the number of people living in informal settlements, lack of portable water and the frequency of forced evictions.

The committee recommended that the state party consider including a provision in its constitution to ensure that each evictions are only used as a last resort, adopting safeguards under which forced evictions should adhere to in line with International standards.

2014 Kenya was expected to implement the above commitments in good faith and required to show progress towards the implementation of Human Rights Council recommendations.

Dear Mama.  We call upon you to immediately halt, and stop further demolitions and evictions countrywide, be it by Kenya Railways Cooperation, by companies, individuals or any state entities up until the Eviction Guidelines bill by Shaker Shabir is assented to by President.

The only two officers to blame for the ongoing demolitions are the Ministry of Interior and National Coordination, Hon. Fred Matiangi and the Attorney General Hon Kihara Kariuki whom has power to direct the police through the colonial 1948 penal code.  

A Penal Code that gives the Attorney General power to direct the Police to oversee such demolitions and evictions, contrally to command of the National Police Service.

The Prevention of, protection and assistance to the Internally Displaced Persons and affected Communities Act of 2012.

An Act adopted through International Conference on the Great Lakes region of 2006, namely Great Lakes Protocol on Protection and Assistance to Internally Displaced Persons.

Principles of prevention, protection and assistance. Article 5 Subject to the constitution, the government and any other organization, body or individual shall guard against factors and prevent and avoid conditions that are conducive to or have the potential to result in the displacement of persons.

The government shall establish a prevention mechanism charged with monitoring areas inhabited by persons at risk of displacements, periodical reporting on the situation in such designated areas.

WAKO DRAFT REFERENDUM

On 21^st November 2005 The Wako Draft Constitution Referendum was rejected by 57 % of Kenyans whom voted at the referendum

Post-Election Violence of 2007 are very fresh to a majority of Kenyans, children sired as a result of forceful mass evictions then are today young adult able to cause havoc and revolution, similarly the International Criminal Court of the Hague particularly Public Redacted Version of “Second updated Prosecution pre-trial brief” dated 26 August 2013, ICC-01/09-02/11-796-Conf-AnxA on Case No. ICC-01/09-02/11 Dated: 19 January 2015 which was before TRIAL CHAMBER V(B) Before: Judge Kuniko Ozaki, Presiding Judge Judge Robert Fremr Judge Geoffrey Henderson SITUATION IN THE REPUBLIC OF KENYA.

ICC CHARGES REDACTED PRECEPTS AS COPIED  

-Mental elements of indirect co-perpetration. - Indirect co-perpetration requires proof that the Accused was aware: (I) that the common plan or agreement involved an element of criminality; 570 (ii) of the fundamental features of the organization and (iii) of the factual circumstances that enabled him, together with other co-perpetrators, to jointly exercise functional control over the crime.

Mental elements of crimes against humanity The facts above in paragraphs 17-95 also demonstrate that (i) the Accused either knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack against a civilian population; and (ii) that the conduct was pursuant to or in furtherance of an organizational policy or common plan.

 COUNCIL OF ELDERS

Interesting during Hon. Simeon Nyachae burial, before President Uhuru, Deputy President Willam Ruto and Raila Odinga the issue of Council of Elder was revived and like many gangs and secret societies, in redacted President Uhuru ICC case pointed out that Council of Elders by then were regional tribal chairmen, responsible for large territorial areas. Their functions generally included administering oath-taking ceremonies, adjudicating disputes, and handing down punishments to members who broke the organization’s rules.

BUILDING BRIDGES INITIATIVE AND HON AMOS WAKO PUBLIC PARTICIPATION BILL.

Fraudulent BBI Process. Senator Hon Amos Switswila Wako failure to actualize the Public Participation Bill stuck at Third Reading at the Senate since 2014 is deliberate and a basis enough to question credibility of the entire Process. Interestingly he has spearheaded three other very important bills 1.The Statues Law Miscellaneous (Amendments) Bill 2. The National Honors (Amendments) Bill 2014,         the County Assembly Service Bill of 2014.

Public Participation is not just inviting citizens in an enclosed forum or publishing the advert in local newspaper but it entails more of sharing the basis, issues and problem statement, creation of validation committees to validate process, i.e through creation of ward committee without this the BBI fallacy nor the proposed Referenda will never be credible. 

While Kenyans under President Kibaki government Central Kenya witnessed forceful disappearance, extrajudicial killings and other political related assassinations it’s a matter of time before the country return to such path.

Kenya becomes a country of 40 Millionaires and 40 Million beggars 

Kenyan are waking up on politician rhetoric, while yesteryear demolitions and evictions could face stiff opposition, today Hon Raila Odinga,Depurty President William Ruto, Kalonzo Musyoka, Moses Wetangula, Mudavadi, Gideon Moi etc are mum and silent as this human rights violation are happening, in fullness of time they will always be judged by the masses.

 Suppressing these truths which mostly affected communities are determined and persistent in pushing a liberation movement will automatically be formed. Kenyan will begin silent boycotts, protests which in essence will lead to revolution.

Paris Agreement -17 SDGS and its implications.

In 2015 Kenya Government did send delegation to participate in the formation of the 17 Sustainable Development Goals, the ongoing evictions and demolitions undermine almost all goals be it No Poverty, No Hunger, Good health and wellbeing, quality education, mainstreaming gender, access to clean water, affordable energy, reduced inequality, peace justice  and strong institutions.

APOSTOLIC JOURNEY OF HIS HOLINESS POPE FRANCIS TO KENYA

On 27 November 2015 Pope Francis visited Kenya and sent a message of, remember the poor. Respect the environment. Protect the unborn and youths.

He did state “I wish to call all Christians, and their pastors in particular, to renew their missionary zeal, to take initiative in the face of so many situations of injustice, to be involved in their neighbors’ problems, to accompany them in their struggles, to protect the fruits of their communitarian labor and to celebrate together each victory, large or small. I realize that you are already doing much, but I ask to remember this is not just another task; it may instead be the most important task of all, because “the Gospel is addressed in a special way to the poor” (Benedict XVI, Address to the Bishops of Brazil, 11 May 2007, 3).

I would propose a renewed attention to the idea of a respectful urban integration, as opposed to elimination, paternalism, indifference or mere containment. We need integrated cities which belong to everyone. We need to go beyond the mere proclamation of rights which are not respected in practice, to implementing concrete and systematic initiatives capable of improving the overall living situation, and planning new urban developments of good quality for housing future generations. The social and environmental debt owed to the poor of cities can be paid by respecting their sacred right to the “three Ls”: Land, Lodging, Labour. This is not a question of philanthropy; rather it is a moral duty incumbent upon all of us.

 

Madam President our Prayer are.

That through this open letter, you will be well placed to push the President to accent to Evictions Guidelines bill.

We hope through this letter you will embark in chatting your own political dispensation to save Kenya from patriarchy led governance.

We are hopeful the Special Rapporteur on adequate housing will be invited to review and advise Kenya government on its International Obligations.

We call for resignation and arrests against CS. Interior and National Government coordination and the Attorney General.

That Regional Commissioners, County Commissioners and Sub Counties Commissioners involved are fired.

We demand for urgent compensation,restitution, and resettlement of those affected.

We demand halt in use of Military and Uniformed personnel in demolitions and eviction process

We demand judicially to fastrack all Kenya Railways matters pending in various courts in Kenya.

We emphasize the need for British Embassy and several government, corporate entities to vacate and relocate from railway land at Upper hill region.

We demand the treasury to release all funds meant for KRC Pensioners held in escrow account at Treasury of Kenya.

Thank you, in advance looking forward towards a meaningful engagement.

 

 

By Githinji Kamotho.

On behalf of Baraza La Taifa.

Muthurwa Residents Welfare Association.

East Africa Climate Change Network.