Here is What Led to Arrest of Kenya Times Scribe

[Onyango Oloo]

Coups in Africa Do Not Occur Out of Nothing


PLAINLY SPEAKING by David Ochami, Kenya Times


Today, as the president's men talk of an impending ouster of Mwai Kibaki, there are others who feel this should occur sooner or that the August 1, 1982 mutiny should have been taken to its logical conclusion.

Kiraitu Murungi, David Mwiraria have not said in which form the alleged ouster would take.In Africa fewer governments have been ousted through the ballot box or popular uprising than through coup de tats and armed insurgency. Do they have information about a coup plot in the offing?

The originators of the ouster rumour wish to remind Kenyans of the August 1 1982 coup attempt, hoping to make them revolt against their rivals. If their tactic is to make the masses revolt against the whole idea of removing a president from power, even if they were elected democratically at some point, or distort the debate on the referendum, they are wrong.

There is no guarantee that a coup or other ouster of a president involves bloodshed or is inherently bad for the country. Likewise, a democratic mandate such as Kibaki's in 2002 is no excuse to betray the ideals that brought him to power. Neither is it synonymous with democratic practice or economic and social progress. It or Kenya's 42 years of stability did not confer immunity from coups or ouster if/when he became a liability to the country and democracy itself. There are good reason for most coups.

The collapse of the Hezekiah Ochuka experiment denied Kenyans the opportunity to live through a military. Maybe Kenya would be better off now without the first generation of post-independence politicians, mostly likely to have been executed. Perhaps the country could have seen a civil war.

Twenty two years afterwards, Africa continues to see coup de tats and civil wars, despite the AU's objections. Nations with democratic governments have not been spared.

No single reason explains why Kenya has not exploded as it nearly did in 1982. Perhaps the people have not been stretched to the breaking limit. But as Taban Lo Liyong has argued in his Culture is Rutan, this country has notoriously postponed its day of conflagration and catharsis, that necessary rite of passage that makes great nations, hence today's indiscipline among leaders.

Maybe there has been good intelligence or there are no bold soldiers in the barracks with the political consciousness to strike a blow for freedom which is why Kenya has stuck with these status quoist political class of recycled and means people for four decades.

It is important to state two things here. Kenyans harbour a false sense of immunity and superiority as the USA was before 9/11, 2001, to proclaim the country is beyond what Hezekiah Ochuka dreamt in 1982, or what ministers are claiming is about to happen.

The AU is mistaken to condemn all coups with the pretext they are against democracy. Kenya's experience has shown that democratically governments are neither free from corruption, human rights abuses nor are they a panacea for these complex problems.

Save for the Sudan in the 1970s where a government was toppled through a military backed popular uprising and in the late Siaka Stevens' Sierra Leone where a regime engineered a mutiny against itself, most coups germinated from the failure of civilian regimes to live to the economic, political and social expectations of their people after eliminating all avenues for political change.

The constriction of political space and dictatorship that went hand in glove with corruption, economic collapse bred a paralysis, often backed by foreign governments and multinational corporations driving failed states to collapse and a dialectical response from the army.

Systematic tinkering with the basic law strengthened presidents who suspended civilian politics to rule by decree. The soldiers who rose to halt these riotous civilian regimes described themselves as products of peoples' anger motivated by feelings of betrayal and patriotic duty.

Often other mutinies followed elections that had either been stolen or whose outcome brought to power leaders more committed to corruption and the old order. That is how Ivory Coast's virginity was ended in 1999 by the army. Kibaki's Kenya reminds one of the creeping coup phenomenon in Africa’s military history in which a nation gradually moves towards civil strife caused by the failure of the political process to government the country due to an abdicating president.

His mistakes with the transition and Constitution have aborted the momentum for effective change that brought him to power and brought the country to a halt with palpable sensations of imminent collapse. If he is not responsible and in control, Murungi and others need not fear insurrection.

As they celebrate three years of 'prosperity', other Kenyans should be allowed to hope for a blast or blow of holy wind from somewhere to end this mess. The political process is no remedy to Kenya's paralysis and backwardness. No one can stop that inexonerable advance of time!

The author is a staff writer
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[Onyango Oloo]

Journalist is Arrested Aver Article on Review


By Cyrus Ombati and Mutinda Mwanzia, East African Standard

A journalist with the Kenya Times newspaper was yesterday arrested for allegedly writing an inflammatory commentary.

About 10 police detectives picked up Mr David Ochami from the newsroom over a commentary he wrote last Sunday, touching on the constitutional review debate.

He was driven to the CID headquarters and interrogated for hours before being whisked away to an unknown destination.

Police said Ochami may be charged today with incitement.

The 10 detectives went to the newsroom posing as people who wanted to issue a press statement.

The officers handling the case said they were under instructions to interrogate the journalist to know the motive of the commentary.

"We first want to know his motive of writing the article. He is safe," said a senior officer.

Kenya Times Managing Editor Chris Odweso condemned the move, terming it an attempt to gag the media.

He urged aggrieved parties to seek other alternatives of addressing issues instead of harassing journalists in newsrooms.

Meanwhile, Machakos Catholic Bishop Martin Kivuva has told the media not to be cowed by threats from politicians, but to cover the referendum campaigns without fear or favour.

Kivuva said it was wrong for politicians to try to curtail the freedom of the Press at a time when the country was enjoying growing democratic space.

He urged members of the fourth estate to fight for their freedom, adding that they had a role to play in the constitution debate.

"You cannot dictate what the media should or should not highlight. Their role is to report issues as they are," said the cleric.

He said some of the current media critics were themselves beneficiaries of a free press, which highlighted their oppression by the previous Kanu regime.

Kivuva, at the same time, told the media to give all groups in the campaigns fair coverage.

[Onyango Oloo]

From the Daily Nation:



Editors and No group hold talks

Story by NATION Reporter
Publication Date: 9/28/2005


Leading lights of the Orange movement, which supports a No-vote in the Constitution referendum, met senior Nation Media Group editors yesterday.

The two-hour private meeting, held at the editors' request, focused on the group's coverage of their campaign for a no-vote in the Constitution referendum to be held in November.

The two sides reached an amicable understanding on complaints about the coverage by NTV and Nation Newspapers of the Orange rallies drumming up support for the No-vote.

Also discussed was the harassment of Nation journalists at Orange rallies and their exclusion at a weekend meeting in Kisumu.

The editors noted the MPs' comments and in return explained the group's policy and guidelines for the coverage of political meetings.

Present at the meeting, which was described by both sides as "cordial and fruitful", were Roads minister Raila Odinga, the leader of the Official Opposition Uhuru Kenyatta, National Heritage minister Najib Balala, Liberal Democratic Party chairman David Musila, Kanu secretary-general William Ruto and the LDP secretary-general Joseph Kamotho. They were accompanied by Mr David Makali, deputy director and communications manager of the Orange team secretariat.

The Nation team at the talks, held at Nairobi's Serena Hotel, included Mr Joseph Odindo, the group managing editor of Nation Newspapers, managing editors Bernard Nderitu (Daily Nation), Macharia Gaitho (Sunday Nation) and Jaindi Kisero (The EastAfrican), political editor Emman Omari, Mr Ian Fernandes, managing director of Nation Broadcasting Division and head of news Emmanuel Juma.

A similar meeting is planned with leading members of the Banana team.

[Onyango Oloo]

The Media Must be Freed from Undemocratic Fetters


FOR the two and a half years the NARC government has been in power, the spin team have generously pronounced that Kenya’s democratic space has expanded under President Mwai Kibaki, which achievement is also credited to the president himself.

However, an overview of the present state of affairs in Kenya reveals that these claims are both wrong and right. True, Kenyans, particularly the politicians have enjoyed increased latitude when it comes to expressing views opposed to those held by the centre and its immediate fringes.

The rhetoric peddled by those in power on this feat has been based on freedom of speech enjoyed by the political class who, as can be expected has taken advantage of the evolved scenario to engage in politics of mudslinging, grandstanding and threats.

However, democracy is not limited to politicians who in many ways, squander it for interests that do not always cohere well with those of the general population. Any nation glossing over enlarged democratic space can only do so when her citizens are accorded the freedom of thought, speech, association and assembly among other inherent rights touching on this ideal.

The media as a watchdog in society has a role in furthering these rights by among other things setting agenda for debates on accumulated issues of the day, shaping opinions and above all, enlightening the citizenry through news and analysis of events.

When the media is fettered and made to dance to the tunes of those in the executive, other arms of the government or certain political, social and economic quarters, the democratic foundation and credentials of a country can only crumble.

The raging debate on the referendum has seen the country totter on the brink of autocracy when the media in Kenya was under constant attack from both the political establishment and other quarters who perceived the news outlets’ operations as inimical to their interests.

However, there are strong arguments, supported by available empirical evidence, that Narc and President Kibaki have indeed rolled back on the democratic gains this society has registered within the past two decades of multipartism.

This view is buttressed by the emerging trend by the authorities to intimidate specific media houses whenever bureaucrats perceive those organisation’s editorial orientation to be non-pliant. In the past two months alone ad as the country has faced polarization brought about by the proposed new constitution, a top Narc minister has been openly selective in his praise of specific media houses for “a job well done.” Well we can not begrudge him that, especially if it is his considered opinion that the same is helpful to the political course the minister serves.

The bottom line is that this government has adopted the rule of carrot and stick in its relations with the media. This, to say the least, makes non sense of the much vaunted freedom accorded the media by the government.

Yesterday’s arrest of Kenya Times journalist, presumed to be on grounds of an article he wrote in the Sunday Times, best exemplifies the level to which the media has been held captive by certain interests in the country.

On the case, the writer had questioned the sincerity of a section of cabinet ministers who last week claimed that some people are plotting to topple President Kibaki’s democratically elected government. When Cabinet ministers make pronouncements of plot to topple Kibaki government, are they within the law? We would expect that such and similar issues would not be glossed over.

At the moment, Kenyans are engaged in debate on the kind of constitutional order that best suits the country, and the media like politicians and other leaders must be allowed the freedom to be part of the debate, as only this will lead to an informed verdict on the future of the country.

Any harassment, intimidation and censure of the media at this point will deny Kenyans the opportunity to freely air their views on the convoluted matter of the constitution review process and other national issues. The government and politicians across the divide must be dissuaded of the notion that the country can effectively move forward in the absence of dissenting voices including those emanating from the media. The era of driving the media to operate with editors and media owners with eyes ever over their shoulders is behind us... or so we thought.

[Onyango Oloo]

Kenya Police Arrest Journalist After Coup Article

27 Sep 2005 15:03:03 GMT

Source: Reuters

By David Mageria

NAIROBI, Sept 27 (Reuters) - Kenyan police detained a journalist with an opposition paper after he wrote an opinion article authorities said was inciting Kenyans to launch a coup against President Mwai Kibaki, officials said on Tuesday.

The arrest of Kenya Times writer David Ochami is the latest twist in Kenya's volatile political scene that has forced the commissioner of police to warn against incitement of the public ahead of a Nov. 21 referendum on a new constitution.

Campaigns over the constitution have sparked riots and stone throwing against rival supporters.

"He was arrested because of an article he authored on coup d'etat in Africa which did not impress the government," Philip Mulee, Kenya Times assistant news editor told Reuters. "The government says he was inciting Kenyans."

Gideon Kibunja, a spokesman for Kenya's Criminal Investigation Department, confirmed that Ochami had been picked up by officers, but had not yet been booked or charged with a crime.

Kenya Times is owned by the opposition Kenya African National Union (KANU), which ruled the country since independence from Britain in 1963 before it was defeated by Kibaki's National Rainbow Coalition (NARC) in late 2002.

Kenya experienced a coup in August 1982 when junior soldiers in the air force attempted to oust former President Daniel arap Moi were quashed by the president's loyal soldiers.

In his Sunday article, Ochami wrote that Kenya is on the verge of collapse, blamed Kibaki for betraying Kenyans and mishandling the constitution review process.

"Kibaki's Kenya reminds one of the creeping coup phenomenon in Africa's military history in which a nation gradually moves towards civil strife caused by the failure of the political process to govern the process due to an abdicating president," Ochami wrote in his article titled "Coups in Africa do not occur out of nothing".

The proposed constitution would be the first overhaul of Kenya's charter since the current version, drawn up on the eve of independence from Britain in 1963.

Kibaki's government is leading the "Yes" campaign under the symbol of a banana while the opposition and a party in the ruling coalition are championing the "No" cause with their symbol of an orange.

[kamalet]

I do not think that Ochami is old enough to have lived through the week of 1st August 1982 in Nairobi or other 'military' towns.

For him to wish for 'bolder soldiers' to bring about a coup is a misplaced understanding of democracy.

I firmly beleive that if Kenyans are disatisfied with the Kibaki rule, then they can ONLY remove him the way they put him there - via the ballot.

We hopefully need more responsibility -least of all from our journalists.

You can call it spin if you wish to!!

[roughrider]

The issue is not Mr Ochami's age. It is more correctly that he voiced an opinion and that he is being persecuted for that opinion.

I have read the said piece - twice. And I find nothing wrong or inciteful about it. In fact the people who need to be at CID headquarters are the two ministers who alleged a planned ouster. They have a story to tell.

Speaking of which, the last time Mirugi Kariuki was speaking in such threatening language - that, "assassinations will start", Dr Odhiambo Mbai was killed. They are now discussing in public the awkward positions the likes of kalonzo will find themslves in..

We have reason to be afraid.

[Onyango Oloo]

Officers Quiz ‘KT’ Editor

By Maxwell Masava & Erick Otieno, Kenya Times September 29, 2005

A SENIOR Kenya Times editor was yesterday summoned to the CID headquarters to record a statement over a story published in our sister publication, Sunday Times, last weekend.

The Sunday Times Editor, Mr Onyango Omollo, was interrogated for several hours at the CID headquarters.

His arrest came a day after the paper’s senior staff writer David Ochami was picked up by a team of more than 10 detectives at the newspapers newsroom along Loita Street on Tuesday morning.

The two are expected to appear in court today on charges related to the story headlined, Coups in Africa Do Not Occur Out of Nothing.

The editor was summoned to the CID headquarters alongside Editor-in-Chief, Chris Odwesso, but the latter was not grilled.

They arrived at the CID headquarters at 1 pm accompanied by lawyer Cliff Ombeta and the company’s legal adviser, Paul Maritim. Mr Omollo was grilled for several hours by Deputy Officer in charge of Serious Crimes, Chief Inspector Ariada.

Responding to questions from a battery of journalists who had gone to the CID headquarters, Mr Odwesso said the story was a fair comment and wondered why the police had arrested the two.

“Nothing should warrant what happened as the writer was expressing an opinion which was in any case pegged on claims of coup by some senior politicians. The story gave the historical causes of military coups in Africa.

Addressing the press earlier, CID spokesman Gideon Mwangi Kibunja said the editors had been summoned for interrogation and denied allegations that they had been arrested and that police were gagging the media.

Kibunja said detectives had read the article and found it inflammatory prompting the arrest of the writer. He said a charge sheet to arraign Ochami in court had already been drawn although he would not divulge the nature of the charges against him.

Meanwhile a deluge of condemnations greeted the arrests with several groups calling for the immediate release of the two.

Civil and human rights groups were unanimous that the arrest and subsequent incarceration of the journalist in the hands of the police amounts to government’s assault on press freedom.

Kenya Union of Jounalists (KUJ) Secretary-General Ezekiel Mutua termed the government’s action against the media house unfortunate.`

Mutua said they pleaded with the detectives to release the two on condition that they appear in court this morning. Kenyans in Scandinavian countries said they would oppose any charges brought against the writer and dramatise the case in the international arena should the government go ahead and arraign him in court.

“What crime did the writer commit to warrant the wanton intimidation , illegal curtailment of basic freedom, sheer harassment and savage violation of his rights as a Kenyan citizen?,” they posed in a statement.

The statement was issued by Kenya People’s Democratic Movement, Kenya Socialist Democratic Alliance, Kenya Social Forum - Norway, Muungano ya Akina Mama Scandinavia, Organization of Kenyans in Denmark and Association of Kenyan Students in Finland.

Education Rights Forum termed the arrest an assault on the freedom of the press and a violation of the writer’s fundamental rights.

The organisation’s executive director Suba Churchill said: “The article is an intellectual attempt to illuminate on the circumstances that have in the past led to takeover of governments in Africa and other parts of the world within the context of what a section of influential personalities in the Narc government have raised in the recent past albeit without intellectual insights.”

Mr Churchill said the government action had curtailed the public’s right to information and education.

He said the arrest had no place in civilised society and called on the government to apologise to the journalists, the mass media and the general public.

[Onyango Oloo]

Africa

Kenyan police jail reporter over article on constitution
Nairobi, Kenya

28 September 2005 02:26

Police have detained a journalist on charges of incitement stemming from a commentary he wrote during a constitutional debate that has brought Kenyans to blows, his editor said on Wednesday.

Detectives lured David Ochamiiof the Kenya Times, owned by the opposition Kenya African National Union party, from the newsroom on Tuesday by pretending to be news sources and arrested him when he was out of sight of colleagues, editor Chris Odwesso said.

"The conclusion is we have to look over our shoulders. That is what somebody wants us to know," Odwesso told the Associated Press.

Police spokesperson Superintendent Jaspher Ombati said the journalist was arrested on Tuesday and will be charged with incitement. He did not elaborate. The charge carries a maximum penalty of five years in jail.

The charges stem from an article on September 25 carried in the Sunday Times, headlined "Coups in Africa do not occur out of nothing", Odwesso said.

The article gave the historical causes of military coups in Africa and concluded that soldiers justifiably intervene in national politics when the political leadership fails, according to Wednesday's edition of the Kenya Times.

"This was an opinion-cum-analysis piece that was pegged on earlier comments by some ministers who said those who are opposed to the proposed Constitution actually wanted to topple [Kenya's President Mwai] Kibaki," Odwesso said.

On Thursday, Energy Minister Simeon Nyachae said opponents of the draft Constitution "are simply seeking ways of frog-marching a democratically elected government from power".

The vote on the new Constitution is fast evolving into a referendum on the rule of Kibaki, who backs the charter. The opposition Kenya African National Union party ruled for 39 years, until Kibaki won 2002 elections.

On the Constitution, the "no" camp accuses lawmakers loyal to Kibaki of sneaking in provisions that were rejected by a constitutional conference and diluting clauses that sought to weaken presidential powers.

Human rights organisations, civic groups, religious leaders and politicians have urged the government to delay the referendum and review the Constitution in an effort to resolve the deepening political rift.

On August 23, Attorney General Amos Wako published the final draft Constitution that combined two versions of a new charter. To craft his document, Wako combined a draft created by a National Constitutional Conference in March 2004 and one proposed by Parliament in July. Both have fierce supporters and detractors.

Last week, Kenyans fought with sticks and chairs at a stadium in the industrial town of Thika, 40km northeast of the capital, Nairobi, after supporters of the charter -- armed with machetes and other traditional weapons -- tried to stop a rally by their rivals. Rioting over the Constitution has broken out elsewhere.

Wako's version appears closer to Parliament's draft, which critics had charged gave the president too much power and contained provisions that were rejected by the constitutional conference.

Like Parliament, Wako proposed a prime minister who would be appointed -- and could be dismissed -- by the president.

The current Constitution, which has been amended several times to create a strong unitary state and give sweeping powers to the president, was drawn up just before Kenya's independence from Britain in 1963. - Sapa-AP