Report faults Kibaki, Raila, Ruto

President Kibaki, Prime Minister Raila Odinga and Higher Education minister William Ruto top the list of politicians accused of breaking the law during the referendum campaigns.

A report released by the Kenya National Commission on Human Rights (KNCHR) Wednesday accuses several cabinet ministers, MPs and religious leaders from both the Yes and No camps of offences including incitement to violence, uttering inflammatory speeches, peddling of falsehoods and misuse of state resources during the campaigns.

Releasing the report, KNCHR chairperson Florence Simbiri-Jaoko said the commission had video evidence of the politicians and religious leaders committing the offences and demanded that police immediately prosecute them.

“KNCHR demands that the police take action against those involved in incitement as there are adequate legal provisions that provide a framework for them to take action,” she said.

The report accuses President Kibaki of breaking the law by creating districts and elevating a teachers training college to a public university to woo Kenyans to vote Yes during the referendum on August 4.

“These actions contravene provisions of the Districts and Provinces Act No. 5 of 1992 and the recent High Court ruling that declared unconstitutional, all districts created after 1992,” KNCHR states.

It also accuses cabinet ministers Franklin Bett, Dr Sally Kosgei and Prof George Saitoti of abusing their offices by promising various development initiatives to residents if they vote Yes during the referendum.

Mr Bett is accused of promising new roads to Kajiado residents if they vote Yes while Dr Kosgei is accused of promising farmers in the same area that she would table a cabinet paper seeking to write off their debts if they also vote for the proposed Constitution.

Prof Saitoti is accused of telling the Maasai community that their children will access free primary and tertiary education if the proposed Constitution passes.

Those accused of distorting the provisions of the proposed constitution include Mr Odinga, Mr Ruto, Dr Naomi Shaban, Dr Machage, Mutito MP Kiema Kilonzo, former Voi MP Basil Mwakiringo and catholic bishops.

Mr Odinga told a rally at the Coast that Kenyans will elect chiefs if the proposed Constitution passes while Mr Ruto told a prayer meeting in Kitui that the document alows homosexuality.

The Catholic bishops are accused of issuing a pastoral letter titled ‘Stand up for life’ alleging that the proposed Constitution opens the door for “abortion on demand.”

MPs accused of making inflammatory speeches during campaign rallies include Ferdinand Waititu (Embakasi), Cyrus Jirongo (Lugari), Mr Machage (Kuria), James Rege (Karachuonyo), Cyprian Ojwang (Uriri), Mwangi Kiunjuri (Laikipia East), Fred Gumo (Westlands), Boni Khalwale (Ikolomani), Ababu Namwamba (Budalangi), Shakeel Shabir (Kisumu Town East), Mohammed Mahamud (Mandera East) and Charles Keter (Belgut).

It also cites instances where civic leaders openly called for the eviction of certain communities from regions on the basis of their perceived stand on the referendum.

It captures specific incidences where the politicians allegedly made the utterances with the aim of inciting communities or religions against each other or intimidating residents to vote in a particular manner during the referendum.

“Having in mind the potency of inflammatory remarks in spurring war and violence as was witnessed in campaigns for the 2007 general elections, KNCHR demands that those campaigning for and against the PCK desist from uttering words that are likely to inspire ethnic hatred, incite the public to violence and or result in violence,” the commission states.

The report also condemns the Yes team for the use of public resources like government vehicles and the deployment of civil servants to campaign for the adoption of the new constitution.

The use of public resources in political campaigns amounts to abuse of office by those responsible, the report notes.

It also warns of rising incidents of threats and intimidation against certain communities mainly in parts of Rift Valley, Nyanza and Western provinces because of their perceived support for or against the document.

Since the referendum campaigns started, only five politicians have been charged in court for offences ranging from uttering hate speech to incitement.

They include MPs Wilfred Machage, Joshua Kutuny, Fred Kapondi, Kiambu politician Christine Nyagitha and Narok nominated councillor Lydia Ntimama.