On 18th December 2014, Kenyans from different mass organisations held a peaceful demonstration in Nairobi, protesting the passing of the Security Amendment bill 2014 by the National Assembly. Their intention was to present a petition to Parliament, outlining their displeasure with the sections of the Bill that were in complete violation of Chapter four (Bill of rights) of the Constitution of Kenya.
No sooner had the demonstrators arrived on Parliament road, than the heavily armed GSU and AP policemen (who were outside Parliament in their hundreds) descended on them with Rungus and kicks.
The Policemen, on the orders of OCPD Central, started arresting some of the demonstrators, all of whom were demanding to know why they were being arrested.
The eight Comrades from Bunge La Mwananchi Social Movement; Comrades Kenneth Kirimi, Okello Odhiambo, John Koome, Wilfred Olal, Francis Sakwa, Dennis Okoth, Dennis Olema and Gacheke Gachihi (who is SDP’s Secretary for Mass Mobilisation) were beaten and tortured on their way to Central police Station, where they spent the night after been denied Cash bail, and Medical Attention.
They were arraigned at the Milimani Law courts the following day (Today) before Resident Magistrate Miriam Mugure, where they were charged with participating in an unlawful demonstration.
This charge is in itself non-existent, since article 37 of the Constitution gives every Kenyan the Right to “Peaceably and unarmed, Demonstrate, Picket and present petitions to State officials.”
They were also charged with the “crime” of stating that “polisi ni wale wale.”
Their lawyers (from KHRC and other organisations) sought for the dismissal of the charges on the basis that they were unconstitutional, but the magistrate upheld the charges. The lawyers then pleaded for cash bail for the eight, but they were instead slapped with bonds of ksh300, 000 each!
This is not only a travesty of justice, but also a reminder of the Nyayo era tactics, where the state would use elements in the Judiciary to curtail and infringe on the rights of Kenyans.
This not only shows how rotten the Judiciary is, in spite of the reforms being implemented, but also shows how the State is hell bent to return Kenya to the dark days.
The SDP has instructed its lawyers to petition the Judiciary Service Commission (JSC) for the removal of Magistrate Miriam Mugure, on grounds of incompetence.
The SDP is also asking its members and supporters to show solidarity by attending the mention of the matter on Tuesday 23rd December 2014 at Milimani Law courts, starting 9:00am, where an application for a Free bail/Cash bail for all the accused will be made.
The SDP reminds the Jubilee government, and their elements in the judiciary, that the people of Kenya rejected dictatorship long ago, and we are not going to allow them to drag us back into repression.
Benedict WACHIRA
Secretary General
Social Democratic Party of Kenya
19th December 2014