Kenya
05.11.01
Urgent Interventions

Kenya: 66 remaining detainees of the Release Political Prisoners party were released

Case 241001.1
Case KEN 241001
Release


The International Secretariat of OMCT has received new information concerning the following situation in Kenya.


New Information

According to the information received, the 66 remaining detainees of the Release Political Prisoners party were released on 26 October, 2001 from the Kamiti and Lang'ata prisons on the orders of the High Court on the bail of 30,000 Kenyan shillings. The women were detained at Lang'ata Prison and were released without problems at 7.30pm. The males, detained at the Kamiti prison, encountered difficulties when prison authorities tried to delay their release and harassed their supporters who were waiting outside.

The whole 71 people arrested have been charged of "unlawful assembly", and the next court hearing is set between November 5-7, 2001.

The International Secretariat of the OMCT welcomes this release and urges the Kenyan authorities to guarantee that the 71 political activists are provided with a fair trial.


Brief reminder of the situation

71 members of the Release Political Prisoners (RPP) pressure group and their friends – comprising 66 men and 5 women - had been arrested as they were celebrating the so-called Mau Mau Day on October 20th 2001, being held to honour freedom fighters. The celebration was being held at the RPP’s compound. The police reportedly stormed into the compound and threw tear-gas grenades at the assembled crowd. They also reportedly assaulted a number of persons while they were arresting them.

According to the information received, these persons are being detained at the Kamiti and the Lang’ata prisons, having been accused of holding an unlawful assembly. Organisations and individuals who attempted to visit the detainees were refused access to them. Bail has been set at Kenyan Shillings 50,000, which is a sum that most of the detainees, who are mainly peasants, students or the unemployed, cannot afford. On October 23rd, 2001, the Defence appealed to Chief Magistrate Boaz Olao to reduce the high level of the bail, but he has reportedly decided to delay announcing his ruling until Friday, October 26th. This will have meant that the afore-mentioned persons will have been detained arbitrarily for seven days, in conditions under which OMCT fears that they may be being subjected to ill-treatment or torture.

Only five of the detainees have been able to gather the sum required to post bail. They are: Prof. Kivutha Kibwana (the National Convention Executive Council Co-convenor), Kibe Mungai (lawyer), Njoroge Wanguti (Chairman of RPP), Orina Nyamwamu (RPP Secretary General) and Tirop Kitur (RPP founding member).

Action requested

Please write to the authorities in Kenya urging them to:


i. put an immediate end to the persecution and harassment of the Release Political Prisoners pressure group;
ii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

· H. E. Daniel. T. Arap Moi, Office of the President
P.O. Box 30510, 00100 Nairobi GPO
Tél 00254-2-22 74 11, Fax 00254-2-21 01 50

· Office of the Vice President
P.O. Box 30520, 00100 Nairobi GPO
Tél 00254-2-22 84 11, Fax 00254-2-21 44 57

· Amos Wako, Attorney General's Chambers
P.O. Box 40112, 00100 Nairobi GPO
Tél 00254-2-22 74 61, Fax 00254-2-31 51 05

· Judicial Department & High Court of Kenya
P.O. Box 30041, 00100 Nairobi GPO
Tél 00254-2-22 12 21, Fax 00254-2-33 34 49, E-mail hck-lib@nbnet.co.ke

Please also write to the embassies of Kenya in your respective country.

Geneva, November 5, 2001

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.