INDEPENDENCE DAY CELEBRATIONS MARRED BY POLICE

UNCLAS SECTION 01 OF 02 NAIROBI 002864 SIPDIS AF/E FOR SUSAN DRIANO, DRL FOR MOLLIE DAVIS E.O. 12958: N/A TAGS: PREL PGOV PHUM KDEM ASEC KE SUBJECT: INDEPENDENCE DAY CELEBRATIONS MARRED BY POLICE CRACKDOWN ON PROTESTERS REF: NAIROBI 2850 SUMMARY -------------- ¶1. Celebrations of Kenya's 45th Jamhuri (Independence) Day in Nairobi on December 12 turned slightly chaotic when police cracked down on protesters who disrupted President Mwai Kibaki's speech. Civil society aimed to use the event to highlight widespread discontent about skyrocketing food prices and the refusal of Members of Parliament (MPs) to pay taxes on their exorbitant allowances. Journalists and media personalities were also present in a parallel, but separate, protest over the passage by Parliament on December 10 of a draconian Media Bill (Reftel). Police arrested 51 persons in Nairobi. Most were released without charge. However, Mwalimu Mati, a prominent anti-corruption activist who police believed was the protest organizer, and his wife were also arrested while trying to enter the stadium where Kibaki was to deliver his Jamhuri Day speech. Police held the pair for two days, before releasing them without charge. In Garissa, the capital of Northeastern Province, four civil society activists were arrested and charged with unlawful assembly when they tried to attend Jamhuri Day celebrations. None of those arrested had legal permits to demonstrate. Civil society leaders plan to continue protests, but these have not yet materialized. We will continue to follow these issues. The Ambassador has subsequently spoken out on the important role that peaceful protests play in a democratic society and on the importance of respecting the rule of law. END SUMMARY. PUBLIC DISSATISFACTION SPURS PROTESTS -------------- ¶2. Public discontent had been building for months as food costs spiraled. For example, the price of cornmeal, a staple food for many Kenyans, has doubled during 2008. The government's ineffectual response to the crisis has failed to reduce prices of staple products. While ordinary Kenyans struggle to feed their families, Members of Parliament (MPs) twice voted down a Ministry of Finance initiative to tax their monthly allowances of approximately USD 10,000. Adding to public frustration, Parliament on December 10 adopted a Media Bill which allowed the government wide scope to interfere with media freedom (Reftel). ¶3. Civil society activists harnessed this dissatisfaction and called for nationwide protests. Their efforts focused on the traditional celebration of Jamhuri Day by President Mwai Kibaki which is held at Nyayo Stadium and consists of a full military parade and a speech by the President. Civil society printed up black T-shirts with slogans protesting parliamentarians refusal to pay tax and distributed them to the public. Police presence at the venue was strengthened in anticipation of protests. Police prevented anyone wearing such T-shirts from entering the grounds. However, many protesters avoided detection by hiding the T-shirts under clothing and entered the stadium. These protesters congregated in one small section of the stadium. ¶4. The atmosphere remained peaceful, if dull, as President Kibaki received the military honor guard and delivered his remarks in English. However, when Kibaki began to deliver off-the-cuff remarks in Kiswahili, parts of the crowd who, after entering the stadium had donned the black T-shirts, began to shout, "We are hungry," and other slogans, causing a disturbance. At the same time, one civil society activist, Alfred Odhiambo, had managed to access seating behind the VIP dais. Odhiambo created a stir by shouting down the President as he was delivering his Kiswahili remarks. Members of the presidential security detachment forcefully removed Odhiambo from the dais in full view of the media. Odhiambo was hospitalized with soft tissue injuries from the rough treatment he received. Separately, a prominent media personality appeared on the grounds wearing a striped shirt, pants and, cap similar to the standard Kenya prisoner's uniform. He was also forcibly removed. He later explained that his outfit was to symbolize that, due to the passage of the Media Bill, journalists in Kenya were now prisoners of the government. PROTEST ORGANIZER ARRESTED -------------- NAIROBI 00002864 002 OF 002 ¶5. While police simply turned away most people believed to be protesters, police denied entry to, and arrested, Mwalimu Mati, a noted anti-corruption activist who police believed was the organizer of the protests and his wife, Jane. The pair were held for two days before being released on December 15 without being charged with an offense. Police stated the case is still under investigation, but the pair's lawyer, Harun Ndubi, believed no charges would be filed. FOUR ARRESTED IN GARISSA PROTESTS -------------- ¶6. Protests also disrupted Jamhuri Day celebrations in Garissa, the capital of North Eastern Province. Four activists were arrested there for wearing T-shirts bearing slogans calling for MPs to pay taxes. The four were held for three days and released after being charged with incitement and posting a Ksh 5,000 (approximately USD 75) bond. Their lawyer, Harun Ndubi, told poloff that the four will file a constitutional challenge to the charges before the January 10 hearing date for the incitement charges. COMMENT -------------- ¶7. These protests should serve as a wake-up call to the government and Parliament that they need to adopt policies and laws that will deliver concrete benefits to the public or risk further protests. Civil society leaders have told us that they intend to continue protests although we are likely to see a lull with the Christmas holidays approaching. RANNEBERGER