Kenya: Arrests and detentions

Case KEN 241001
Assaults / Arbitrary arrests / Incommunicado detention /
Releases / Risk of torture

The International Secretariat of OMCT requests your
URGENT intervention in the following situation in Kenya.

Brief description of the situation

The International Secretariat of OMCT has been informed by
the International Commission of Jurists (ICG), Kenya section, a
member of the OMCT network, of the aggression, arbitrary
arrest and incommunicado detention of 71 political activists,
followed by the release on bail of five of their number, and the
risk of torture for the 66 persons still being detained.

According to the information received, 71 members of the
Release Political Prisoners (RPP) pressure group and their
friends – comprising 66 men and 5 women - have 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.

The 71 people that were arrested are: Kivutha Kibwana,
Mungai Kibe, Ng’ang’a Waweru, George Mutua, Kiilu,
Stephen Musau, Peter Wambua, Johnstone Nyamu,
Mercy Nyambura Kariuki, Peter Mutemi, Benson
Mutiso, Aloise Muia, Mbara Kambara Kariuki, Kibuku
kihura, Mukia Kamau, Githii Mweru, Daniel Muoti,
Njoroge Wanguthi, Rahab Wairuri, Julius Mwaura,
Kimani Waweru, Francis Njenga, Martin Mukeku,
Francis Mutuku, Charles Nthanga, Gitau Wanguthi,
Waweru Kariuki, Thungu Wakaba, Peter Nguma,
Kennedy Kimeu, Julius Kariuki, Gathoni Kamau, Samuel
Gikundi, Waruiru Mungai, Solomon Waithaka, George
Ngige, Haron Keli, Joseph Muoki, Gathoga Njoroge,
Munyae Mulinge Kioko, Theophilas Kiilu, Simon Mburu,
Elijah Ochieng Solomon, William Mbuvi, Eric Mulevu,
Silvanus Kikihu, Karori Njunge, George Mungi, Moses
Mbugua, Kimani Ndegwa, Benjamin Muhesuni, Moses
Karori, Kamonje Manje, Owino Amina, Nyongessa
Omboko, Gitau Kung’u, Tony Ndolo, Orina Nyamwamu,
Peter Maina, Joseph Bonzo, Tirop Kitur, Odhiambo
Oyoko, Mwendwa Kibwana, Njoki Kamau, Henry Maiyo,
Stephen Waweru, Nyamberi Bosire, Munga Gathogo,
Mwangi Kimbathi, Wambua Kituku, Daniel Mathias
Kingoo, Boaz Waruku.

According to the information received, these persons are being
detained at the Kamiti Prison, 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,
can’t 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).

The International Secretariat of the OMCT condemns the
violence used by the police during the arrests and remains
gravely concerned about the possible ill-treatment or torture that
they may be being subjected to during their incommunicado
detention.

Action requested

Please write to the authorities in Kenya urging them to:

i. take all necessary measures to guarantee the physical
and psychological integrity of the 66 people still being
detained;
ii. intervene with the appropriate authorities in order to
secure that those detained be allowed to meet with their
relatives and/or lawyers;
iii.order their immediate release in the absence of valid
legal charges or, if such charges exist, bring them before
an impartial and competent tribunal and guarantee their
procedural rights at all times;
iv. put an immediate end to the persecution and harassment
of the Release Political Prisoners pressure group;
v. guarantee the respect of human rights and the
fundamental freedoms throughout the country in
accordance with national laws and international human
rights standards.

Addresses

{ MERGEFIELD People_to_write_to }
· Major Marsden Madoka, Minister of State, Office of
the President, PO Box 30510, Nairobi, Kenya, Fax:
00254 / 2 / 337340

· Amos Wako, General Attorney, State Law Office,
Harambee Avenue, PO Box 40112, Nairobi, Kenya,
Fax: 00254 / 2 / 211082

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

Geneva, October 24th, 2001

Kindly inform us of any action undertaken quoting the code of
this appeal in your reply.
Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : [email protected]
http://www.omct.org