Rights body criticises govt for accusing Opposition of treason

Government spokesman Eric Kiraithe, whose claim that some members of the Opposition were being supported by foreign nations to create instability has been faulted by the KNCHR. FILE PHOTO | PHOEBE OKALL | NATION MEDIA GROUP

What you need to know:

  • KNCHR was responding to government spokesman Eric Kiraithe’s claim that some members of the Opposition were being supported by foreign nations to create instability.
  • Mr Kiraithe refused to name the governments, promising to do so later after investigations, although some Jubilee politicians had already named them.
  • On Tuesday, the commission said the government should have arrested and prosecuted the suspects before making these claims public.

The national human rights watchdog says government assertions that the Opposition is collaborating with unidentified neighbouring countries to destabilise the country are careless.

The Kenya National Commission on Human Rights (KNCHR) said on Tuesday that the government should have instead investigated the claims before making the announcement.

“The commission finds this accusation reckless and irresponsible. Allegations of treason are very grave as they touch on the core of our national security and nationhood.

It was a response to government spokesman Eric Kiraithe’s claim that some members of the Opposition were being supported by foreign nations to create instability.

“Investigations into recent political activity have yielded intelligence to the effect that there are individuals within the country who are working with two neighbouring countries to subvert the government and create conditions of instability, insecurity, lawlessness and strife,” Mr Kiraithe said on Monday and banned the opposition rally planned for Wednesday at Uhuru Park.

“The government considers these contemptible undertakings to be a betrayal of Kenya and Kenyans. These are acts of treason. Any person who collaborates with an enemy of Kenya is also an enemy of Kenya and will be met with the swift, full and unmitigated wrath of the law.”

REFUSED TO NAME

Mr Kiraithe refused to name the governments, promising to do so later after investigations, although some Jubilee politicians had already named them.

On Tuesday, the commission said the government should have arrested and prosecuted the suspects before making these claims public.

“Without doing so, these allegations only serve to evoke fear and perceptions that they are geared towards justifying repression of civil liberties especially legitimate dissent,” she said.

The claim of treasonous acts also incensed the Opposition on Wednesday who argued the government was picking a fight with friendly neighbours on baseless grounds.

“This is, again, an indication that Kenya is losing its authority in the region where, instead of having friends, instead of identifying friends, they are now identifying enemies in the region.

“This is very wrong politics for us as Kenyans because we would understand that the only friends we do not have in the region are states with which we are at war,” added Mr Orengo.

The watchdog sided with the Coalition for Reforms and Democracy (Cord) over the use of Uhuru Park for a rally on Madaraka Day.

Mr Mbogori argued the police have no legal authority to ban the opposition rally because they had been notified in time.

NO AUTHORITY

“Based on the foregoing, the commission finds no basis for the police to disapprove the Cord rally. The police have no authority over the administration of Uhuru Park which squarely falls under the Nairobi City County,” KNCHR chairman Kagwiria Mbogori said in a statement on Tuesday.

“The commission reminds the police that it is their constitutional duty to facilitate the enjoyment of the right to assembly. Restriction should be the exception, not the rule.”

This Wednesday on Madaraka Day, when Kenya celebrates attaining internal self-rule, President Uhuru Kenyatta will host the national celebrations at Afraha Stadium in Nakuru.

Opposition politicians, including Cord leader Raila Odinga, say they want to hold their rally on the same day in Nairobi to “reflect” on the state of the nation.

The venue had also coincidentally been booked by an evangelical Christian organisation, Prayer Beyond Boundaries Ministries, though the Nairobi County government later clarified that Cord had been approved to use it.

But on Monday, Mr Kiraithe said the National Security Advisory Committee had decided to ban any meetings at both Uhuru Park and Nyayo Stadium “in the interest of public safety.”