It is now widely acknowledged that the electoral process that led to the swearing-in of Hon. Mwai Kibaki was heavily flawed and devoid of credibility.

We, the Kenya National Commission on Human Rights (KNHCR), artists, and civil society groups in Kenya, believe that this flawed process precipitated the wave of brutal violence and senseless destruction of property sweeping parts of the country.

We are concerned that the violence seems targetted at innocent Kenyans from particular communities believed to be sympathetic to a particular party. Everyone has a right to vote for whomever they wish. Wherease we understand the disappointment, frustration and anger Kenyans feel at being disenfranchised, their anger needs to be channnelled responsibly, and without resort to violence.

The Electoral Commission of Kenya (ECK) handled the elections tallying process irresponsibly. ECK is squarely culpable for the crisis in the country, through its intransigence, careless statements, incompetence and lack of accountability.

The ECK had the opportunity to initiate dialogue between various stakeholders to salvage the situation. Despite pleas from credible national and international observers, and evidence presented to verify claims of rigging, among other electoral malpractices, ECK commissioners chose not to engage in this prudent course of action.

We express our disappointment and deep concern that despite every gain made in expanding democratic space in Kenya, a country governed by the rule of law, the former Minister for Internal Security, John Michuki, banned the press from live broadcasts. We question the constitutional legitimacy and legal basis of Mr. Michuki's decree. From which statute or legal instrument does he draw his powers to ban the media in this manner, considering that the president has yet to constitute a Government, and, therefore a cabinet?

Furthermore, such a decree contravenes accepted international standards that guarantee freedom of expression and access to information, both fundamental rights. By muzzling the media, a key source of information to the public, the Government is encouraging rumors, innuendo, hearsay and suspicion, in an already polarized country.

We note Mwai Kibaki's earlier gesture calling on Kenyans to reconcile. Reconciliation can only be genuine if there is truth. We urge that:

The ECK discloses to the public the full presidential tally results, to be compared to results documented by national and international observers
The Government lift the media ban prohibiting the media from live coverage in Kenya.

Those with information on election fraud or irregularities be offered platforms to make such information public, without threat of intimidation. In this regard, whistleblowers may contact:
Hotline number: 0728 606582
Send verifiable information by email to:

lochiel AT knchr.org
linakoth9 AT yahoo.com
lkabiru AT khrc.or.ke

We appeal to the international community to call for credible verification of the results before endorsing them. We note the EU observer mission has raised serious concerns about the reliability and credibility of the elections tallying process.

We appeal to the police and security agencies to ensure their responses are humane, measured, and proportional to the level of threat. We call on them to handle the situation with utmost caution, while ensuring the security of all without taking sides.

Signed:

Maina Kiai, Chair, KNCHR
Gladwell Otieno, AFRICOG
Mugambi Kiai, OSIEA
Betty Kaari Murungi, Vice-Chair, KHRC
Njeri Kabebeberi, CMD
David Ndii, KLI
Haruon Ndubi, Haki Focus
Zahid Rajan, Awaaz
Muthoni Wanyeki, KHRC
Shailja Patel