Donors Decry Bully Boy Tactics

[Onyango Oloo]

Donors decry "bully-boy" violence in Kenya campaign

28 Sep 2005 15:52:04 GMT

Source: Reuters


By Andrew Cawthorne


(Swiss Ambassador Pierre Combernous (right) addresses the Press yesterday at Norfolk Hotel, Nairobi, as US Ambassador William Bellamy (second right) and some of 23 other Western diplomats look on. They warned the Government against misusing state resources in the ongoing campaigns over the November 21 referendum. Pic by Jacob Otieno)
NAIROBI, Sept 28 (Reuters) - International donors on Wednesday urged an end to violence in Kenya that has been breaking out on a near-daily basis during campaigning ahead of a Nov. 21 constitutional referendum.

"We condemn the violence witnessed to date," said the envoys of 25 nations including ex-colonial ruler Britain, other European nations, the United States, Canada, Japan and Turkey.

Their statement was issued as yet another scuffle broke out, in Nairobi, between rival supporters over the proposed new constitution. It would be the first complete overhaul since Kenya's charter was drawn up on the eve of independence in 1963.

"We, like the Kenyan people, have seen scenes of bully-boys breaking chairs over the heads of fellow Kenyans during information sessions on the constitution," Canadian High Commissioner Jim Wall told a news conference.

"Whatever the cause -- whether it's incitement, money or excess of zeal and partisanship -- it should be condemned," he added, flanked by fellow envoys.

President Mwai 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.

The government says a new constitution is long overdue, but critics say the 197-page document fails to limit the president's vast powers in the east African nation of 32 million people.

Some analysts see the campaign as a precursor of Kenya's 2007 election, and a galvanised opposition are predicting a "No" vote could derail Kibaki's ruling National Rainbow Coalition.

In the latest trouble, a "No" legislator heckled a "Yes" legislator at a meeting in Nairobi while their supporters shoved and pushed each other nearby, witnesses said.

That was low-key compared to scenes last week when crowds fought with sticks, stones and chairs at several rallies.

Three days of street riots in July brought central Nairobi to a standstill and left one person dead.

And the media have also been caught in the crossfire, with some journalists barred from weekend rallies for alleged bias and another arrested on Monday for an article authorities said was encouraging a coup.

"Our hope is that all Kenyans, whatever side they may be on in this debate, would agree that a free and fair and non-violent campaign would be a net gain for this country, regardless of the outcome," U.S. ambassador William Bellamy told reporters.

The envoys' statement called for a transparent and peaceful process "not marred by violence or its incitement, physical intimidation or financial manipulation".

Much of the violence is believed caused by hired thugs.

The statement also urged government "to refrain from any inappropriate use of public resources for political purposes" -- a touchy subject since Kibaki's officials have said they can use government funds to educate the population about the vote.

The diplomats stressed the actual vote was "a matter solely for the people of Kenya".

(Additional reporting by Bryson Hull and Wangui Kanina)

[Onyango Oloo]

25 donor states warn Kibaki on referendum

By Andrew Teyie And Eliud Miring’uh, East African Standard

Kenya’s development partners yesterday waded into the controversy over the use of State resources in the campaigns for the November 21 referendum.

Twenty-five foreign missions warned against the use of State resources in the ‘Yes’ (Banana) and No (Orange) campaigns on the proposed constitution.

Representatives of the European Union, Canada and the United States, led the foreign missions in warning the Government against spending public resources for a ‘Yes’ campaign.

Canadian High Commissioner Jim Wall read a prepared statement flanked by his colleagues at the meeting, which was attended by over 50 journalists from local and international media houses.

The missions termed the use of public resources in the campaigns illegal and reminded the Government of the Public Ethics Officers Act, which forbids usage of public resources for political reasons.

"We expect members of Government and Government officials to refrain from any inappropriate use of public resources for political purposes, in accordance with the Public Officers Ethics Act," said Wall.

The statement was a direct response to a recent declaration by Justice Minister Kiraitu Murungi that the ‘Yes’ campaign would mobilise public resources to campaign for enactment of the Draft constitution at the referendum.

Speaking during the function, American ambassador William Bellamy said the Government should heed a statement issued by Attorney General Amos Wako ahead of the 2002 General Election, banning the use of State resources during campaigns.

"The statement issued by the A-G, the Police Commissioner and representatives of the Opposition had declared that Government officials would not use State resources during campaigns," Bellamy said.

When challenged to explain what action the EU and like-minded donor countries would take against the Government if Cabinet ministers were found to have used State resources, Bellamy said only time would tell.

"That is a hypothetical question because we can’t say now what donors would do, but we are calling upon all parties to adhere to regulations and ensure the campaigns are free and fair," he said.

And the 25 envoys announced they would form an observer team to monitor the referendum and called for a free and fair plebiscite.

Addressing a news conference at Nairobi’s Norfolk Hotel, the envoys revealed that they had met Electoral Commission of Kenya (ECK) chairman, Mr Samuel Kivuitu to learn firsthand the prevailing logistics ahead of the poll.

"We have met Mr Samuel Kivuitu and have expressed our serious concerns over the escalation of violence during the campaigns," said Swiss ambassador Pierre Combernous.

Foreign missions that signed the statement included the United States, Canada, Austria, Belgium, Cyprus, the Czech Republic, Denmark, the European Commission Delegation, Finland, France, Greece, Hungary, Italy, the Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden, Japan, Norway, Switzerland and Turkey.

The diplomats took issue with the violence that recently hit the Orange (No) and Banana (Yes) teams in Thika, Garissa and Mombasa.

The Banana team failed to hold a rally in Garissa after

Government ministers led by Education Minister George Saitoti were stoned at the venue of the rally.

Similar violence was witnessed two weeks later when the Orange team took their campaign to the area.

Hired goons invaded an Orange rally in Thika, where they attempted to stop the meeting in vain.

The foreign missions defended the media and called on both sides to respect freedom of Press.

They said: "We condemn the violence witnessed to date. We expect a process that is informative, free, transparent and peaceful; that permits freedom of Press and association, and respect for human rights; that is not marred by violence or its incitement, physical intimidation or financial manipulation."

They also demanded that both sides involved in the campaigns adhere to the Electoral Code of Ethics during their rallies.

"We look to all political leaders and party executives to ensure party members and political supporters adhere to the Referendum Code of Conduct," said Wall.

The envoys said the content of the draft constitution was a local issue. They however spelt out their role in the process.

"We have consistently stated that the content of the Constitution Bill is a matter solely for the people of Kenya. The international community’s role has been to encourage a constitution that commands the support of the clear majority of the Kenyan people," the statement said.

Expounding on their meeting with ECK chairman, Combernous said Kivuitu was a credible personality who could be trusted to carry out free and fair elections.

They denied media reports that quoted Kivuitu as threatening to resign should the Government side use public resources to campaign.

"We got hold of that statement and nowhere has Mr Kivuitu threatened to retire. All he said is there are regulations that should be followed during the elections and unless that happens then the electoral process would have been seriously compromised," Combernous said.

Challenged to explain whether the 25 missions had asked the Government to withdraw its statement on the use of public resources during campaigns, Bellamy said:

"Our statement is not addressing one side. All Kenyans, whatever side they are want to see free and fair elections regardless of the outcome."

Asked whether the missions were satisfied with the content of the proposed constitution and whether changes should be introduced, Bellamy said it was not the role of foreign missions to "pronounce" the content of the Bill.

"We are not concerned about the content or quality of the document (because) that is up to Kenyans to decide," said Bellamy.

Three weeks ago, Kenya National Human Rights Commission (KNHRC) and Electoral Commission of Kenya (ECK) warned the Government against spending public resources on referendum campaigns.

At a news conference, KNHCR Chairman Maina Kiai and ECK commissioner Jack Tumwa said that the use of State resources breaches the ECK Election Code and Ethics Act.

They were provoked by a move by ministers and assistant ministers in the Banana team to campaign in Government cars in Kajiado.

Kiai stated that KNHRC would compile a report on abuse of office, which they present to Wako for prosecution.

They stated that they would resort to private prosecution if Wako does not institute the process.

The statements angered Kiraitu. At a strategic meeting of the Banana team last week he declared that the constitution was a Government project.

He stated that they would mobilise all State resources to win the referendum. Internal Security Minister John Michuki also threw his weight behind Kiraitu at a rally held on the same day in Mathioya.

"We will use the resources because we are the Government. Those who are making it an issue know that there cannot be a constitution if the Government does not use any resources," Kiraitu said.

Kiraitu went ahead to call on civil servants around the country to support the document.

"This referendum is a Government project. One of the key pledges of Narc was free primary education and a new constitution. It is like completing a stalled project such as the Kisii Chemosit road. You cannot be neutral in the construction of a road," Kiraitu said.

The statement angered Kiai, who warned public servants against being used in the campaigns.