Kenya - Teargas has no role in democracy

Reproduced from the Daily Nation of 7th December 2006 It looks as though we are approaching the end of the year under heightened political tension. The row over the coup that placed Government allies in the leadership of the Official Opposition has provided a rallying point for those whose mandate is to keep the Government on its toes. The result was the protest on Tuesday that was violently broken up by police in Nairobi. We are likely to see more of such protests in coming days. Tear gas and truncheons may not be enough to cow opposition leaders who have been handed by the Government the ideal issue on which to galvanise protests. Without looking into the legality or otherwise of the coup in Kanu and appearance of Government complicity, the important thing is to ensure the situation does not escalate into violence. We are at a stage in the development of democracy where legitimate protest must be accepted in accordance with the constitutional guarantees on the right to free speech, assembly and association. What is important is that peace prevail, in which case the Government has no cause to call in riot police where there is no threat to law and order. It is thus incumbent on those organising the protests to ensure they remain peaceful, and the organisers must know they will suffer the consequences if the law is broken. But it is also incumbent on the Government to ensure those who wish to legitimately assemble or march are given the freedom to do so.

Police should only come in if it becomes necessary to restore peace. These are principles that must be adhered to as we approach what could become a frenetic election year.

Licencing of political rallies and demonstrations and police action in breaking them up

The last time I checked, if you wish to hold a rally or demonstration of any sort, you only need to notify the authorities of your intention, and there is no requirement that a licence be actually issued.

Today, we have witnessed the ODM rally, which had been cancelled by the Government, duly dispersed with tear gas et al.

The point i want to make here, is whether the police should actually be using the kind of force that they do to disperse such rallies. A combination of the tear gas, water dispensers, arrests, physical beatings by the police appear to be excessive.

There have been furores in the United States recently, when police have been sighted beating up persons who were not a threat to them in any way.

When shall Kenyans decide to put their foot down on violation of their rights?

I have no doubt they have the capacity to do so....properly seen when people walked to work and back to their homes for a few days, when the matatus were on strike while fighting the 'Michuki rules'.

Perhaps their reluctance may be driven by the notoriety of the police to fire off live bullets when breaking up a demonstration....but the wrongs must be righted...some day...hopefully sooner rather than later.

As for Kenyatta, Ruto & Co., have they not yet figured out that they are NOT in power, and that your greatest enemy is the one within your ranks?

I am not surprised by the trump card played by the Government in these matters...only genuine admiration do I have.

the law of evidence in motor vehicle accident

This morning, my car was fairly badly damaged in the parking lot outside my flat, by a lady driver who is still learning how to drive.

She claims that she is still unfamiliar with her automatic gear shift and while intending to hit the brakes, hit the acceleration pedal instead.

I felt sorry for her as I directed her car onto a safe parking.

She surely is still a learner, with a young family.

Why does she risk her life and the lives of her young babies, by driving out onto our mad roads, when she is still not yet competent, and does not carry a Learner's sign on her car.

Well, remembering the need for collecting evidence, I took a few photos of the accident scene with my camera, just in case her remorse turns into denial in the fullness of time.

Meantime, as my car was grounded and not insured, I may have to look for money to repair the hideous damage, that is unless she agrees to do it for me. She better, or I shall most certainly sue her to recover my loss.

Police breaking the law

Last night on the KTN news, I watched three or so policeman harass innocent members of the public on the dark alley next to Standard Chartered Bank on Tom Mboya Street.
These male policeman forced a lady in the alley to lift up her skirts so that they could do a body search. Money which fell off her hand bag was quickly pocketed by the policemen.
To make it worse, they bundled her into an unmarked car and drove her to God knows where. God be with her.

That there are many policemen in this country who have gone bad is no mystery. A report issued the other day indicated that Nairobi residents are more likely to be shot dead by a policeman than by a criminal. http://allafrica.com/stories/200609180475.html.

The study conducted by former Chief Government Pathologist Kirasi Olumbe and Dr Ahmed Kalebi, the North Eastern provincial pathologist, observed that the victims are more likely to be shot in the streets of the city suburbs and estates. The study further established that while police were most likely to shoot a suspect many times, majority of the criminals shoot their victims only once. The study also noted that the trigger happy policemen will always shoot to kill on the head or chest. It further noted that police were most likely to shoot a suspect many times, whereas majority of the criminals shoot their victims only once.

This is contrary to the requirements section 28 of the Police Act Chapter 84 Laws of Kenya that allow a policeman to use a firearm ONLY where the officer has reasonable ground to believe that he or any other person is in danger of grievous bodily harm or that he cannot otherwise effect an arrest.

Such shootings have been known to occur at pro-democracy ralies, http://auto_sol.tao.ca/node/view/757,

Significantly, such shootings by police at innocent civilians have often occured when the victim was unarmed and harmless. http://www.timesnews.co.ke/07nov05/nwsstory/topstry.html
even where the innocent civilian is on the floor pleading for mercy. It even happened to a innocent Catholic priest. http://www.cwnews.com/news/viewstory.cfm?recnum=14480

This alarming trend cannot be rectified where the Police bosses defend the above practice, such as Kingori Mwangi did by saying "majority of those gunned down were dangerous criminals who posed a serious threat to the public and the shooting officer."

The truth will always be that dead men tell no tales, which has worked many times in favour of the errant officer.

It has also been felt that the actions of the Police have a lot to do with the shoot to kill orders of Internal Security Minister John Michuki. http://news.bbc.co.uk/2/hi/africa/4374649.stm

It has long been said that Kenya needs to urgently establish a body independent of the police infrastracture, akin to the Independent Police Complaints Commission in England and Wales, that would receive complaints from members of the public on errant shootings, summon the policeman concerned, hold a minitrial, and pass judgment on the officer, resulting in imprisonment and fines.http://www.ipcc.gov.uk/

Unfortunately, our MPs are not making the right kind of noises in the right kind of places, especially since it doesn't add any beef on their sizeable platter.

Further, the breaches of human rights and the law by many of our policemen does not appear to be interesting to Maina Kiai, who seems to find corruption related issues more attractive, in spite of a lack of mandate in that general area.

Be that as it may, you need to know how to possibly avoid being shot by trigger happy policemen in our country. Free advice:

a) avoid poorly lit alleys and streets, such as those many alleys along Tom Mboya Street
b) avoid staying late on Fridays, rogue policemen will want to arrest you on Friday, as the bribes are said to be better so that you can avoid spending the weekend in the cells
c) do not dress suspiciously (presumed to be rastafarian outfits, all untidy and unkempt outfits)
d) do not drive suspicious cars (presumed to be very old rickety cars)
e) do not drive in a suspicious manner(presumed to be in a zig zag manner, or driving round and round a particular location)
f) always have the mobile number of a policeman (the senior the better) you can call on if necessary
g) avoid pubs and clubs in the Nairobi CBD if you are not driving home thereafter
h) always carry extra money on you, other than that which you have in your wallet or handbag
i) strong arguments with policemen , especially at secluded places at night, are to be avoided

Should you choose to ignore the above, then say a loud prayer, it may just save you!

cops and corruption in Kenya

Today I keenly observed what many Kenyans observe every day. A traffic policeman stops a driver on the road to Yaya Centre at Hurlingham. The driver was caught talking on his mobile.(it could be any other minor traffic offence) The policeman quickly invites himself into the front passenger seat and the car moves ahead, slowly. Being in the vehicle directly behind, I clearly see the traffic policeman say a few words, and receive a bank note from the driver, clearly a bribe. The traffic policeman then exits the vehicle a few metres ahead, a flat expression on his face which comes from having done the same thing many many times.
...it is simply bewildering that the Police Commissioner has not been seen to act against these corrupt officers. The Kenya Anti Corruption should continue to hound the Police.

Fraud in Kenyan companies

Just the other day i received instructions to recover some money for a Client that had disappeared when a company went down.
After some investigation, I came to discover that the Companies Act allows the shareholders to voluntarily dissolve a company, so long as they swear an affidavit stating that the company will be able to settle all its debts.
Alas, it is only after the liquidator has moved in that it is discovered that the company cannot pay off its debtors. By this time, the shareholders have taken off scot free. This is what I am now dealing with in the Court.

Beware of trading with companies that have only 2 or 3 shareholders doubling up as Directors of the same company.