Tag Archive | "Constitution"

Boston Resolutions Are Ssengavudemungazzeemu, Independence Is The Only Way Foward For Buganda

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J. Kitandwe
Kabaka’a Territories

The Boston [Buganda Emergency Meeting] Resolutions number 3,8 and 10 prove that Buganda’s greatest problem is we the Baganda ourselves. Up to now we have failed to understand our problem? It is deceptive for any patriotic Muganda or genuine Buganda well wisher to still prescribe federalism, free and fair elections, democracy, and mobilization of other ethnic communities as way forward for Buganda as envisaged in the Boston resolutions 3,8, and 10 (see “Resolutions of the Buganda Emergency Meeting in Boston on October 17, 2009“). The authors of the Boston resolutions should retreat and carefully study the Buganda problem right from the 1950s up to now 2009 and see whether their resolution score any goals for Buganda.

The truth is that Democracy’s free and fair elections wont solve our problem. There is overwhelming evidence that any thing that affects or pains Buganda automatically brings joy/ happiness to the rest of Uganda. Whoever inflicts pain on Buganda automatically gets the backing of the rest parts of Uganda. So what do you [expect] in terms of votes! Definitely the candidate who displays most anti- Bugandaism will get more votes because nothing really unites Ugandans more than their common hate for Buganda.

Buganda struggled and earned full federal in 1962 protected by the 1962 constitution. How did it help us? For how long did it last? How was it lost? What has changed now?

It is laziness to demand for federal now. Self-determination is our right. We have a right to exist the way we prefer. Lets focus on Buganda’s independence. We can re-unite with other Uganda if we find it necessary but on our own terms.          

Museveni Forces Kabaka To Talk To him At Gun Point

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Reliable sources in both Mmengo and the NRM occupation government have confirmed to us that the Kabaka of Buganda, Ronald Muwenda Mutebi II, will meet Uganda warlord, Yoweri Museveni, on Wednesday, September 30, 2009. A senior Buganda official assured us that the Kabaka did not agree to see Museveni as such but simply responded to the reality that a mentally unstable man is pointing a gun at his head.  The official who contacted us by email said: “We had reliable information that Museveni has a real mental condition. Yes, he is a coward and a bully but he is also a very scared, mentally disturbed and paranoid man. It appears that the Kabaka might have decided to meet the Uganda warlord based on concerns about a public secret that Museveni intended to keep arresting Mmengo popular personalities, including   Kabaka Mutebi himself, to force new riots where he could give Baganda a genocidal blow. Put simply, Museveni has forced to talk to him at gunpoint. ”

Speaking on condition of anonymity, the angry Buganda Government official told us that certain people who are cowards or stand to gain financially have been putting pressure on Kabaka to speak to Museveni.  He elaborated: “A major problem is that too much of Mmengo is run on a part-time basis by businessmen, including some who make millions per month for being associated with the Buganda government. As it was in the 1900 agreement, the most vocal of these people advise the Kabaka based on their own needs. And even now, the loudest voices put Buganda and Kabaka second.  I won’t name names yet, but some of the, so called senior Baganda leaders  persistently invite Museveni’s Gilbert Bukenya to come and spy and Kabaka Mutebi, even when they know that he supports the abolishment of kingdoms.”

Our source close to Museveni’s state house has separately confirmed  to us that they expect Kabaka Mutebi to come with, “whatever is remaining of his officials”. According to the source, Museveni is by that by forcing Mutebi to come to Entebbe against his achieves a few important things: (a) Erase the image that Kabaka is stronger than Museveni and demoralize Baganda youth, who remain the toughest problem for Museveni; (b) Isolate Kabaka Mutebi, weaken the radical Mmengo wing and strengthen the NRM elements in Mmengo. Our source also warns that there is little chance of CBS FM Radio, one the items the Mmengo ‘businessmen’ want discussed, will actually happen. The source says, “If Museveni allows CBS to reopen, his conditions will be so tough that it will become a mere shell of the original ‘Radio ya Ssabasajja’ jewel.”

Shortly after Museveni’s New Vision newspaper announced the Wednesday meeting on Monday, a leading Buganda analyst, in New York,  sent us email to warn Baganda against getting too excited if the meeting takes place at all. He wrote: “Even if it turns out that the New Vision report is true and Kabaka Mutebi will meet Museveni, smart Baganda will see it for the farce what it is. By forcing Kabaka Mutebi to meet him against his will Museveni has created a classic occupation similar to the German occupation of the Kingdom of Denmark in 1940.  The only big difference is that Germany has a strong organized military and government, while Museveni’s are falling apart. Interestingly, as is the case in Buganda today , top Danish government officials and religious leaders were quick to collaborate with Nazi Germany in 1940.  At the end of the day, though, Denmark is an independent constitutional monarchy today.  We Baganda are even lucky because a few of the Mmengo officials are brave and determined to support our Kabaka. Clearly, Buganda is under armed occupation as the NY/JN chapter of Ggwaga Mujje said in their press release. Therefore, whatever agreement Kabaka is forced to sign under duress is null and void. “

Family Statement On Kalundi Serumaga’s Abduction And Torture By Museveni Agents

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The Serumaga family has published a statement which describes in detail the events surrounding the abduction, torture and medical mistreatment of  popular Muganda journalist, Kalundi Serumaga, by Uganda’s  NRM government from September 11 through 15, 2009. According to the family statement, Robert Kalundi Serumaga was abducted by 5 armed men outside the studios of WBS TV, Spear House at about 11pm on Friday September 11, 2009. Robert had just left the studios where he had appeared on the Kibazo live discussion program. He was accompanied by his colleagues.

As they departed, Robert  was approached by the men, two of whom grabbed him by his trouser belt, and told him they were arresting him. He asked them who they were and they claimed to be responded police officers. One held up a piece of paper purposely to support their claim. They then immediately began to assault him.  Robert put up a fight until they threw him to the ground, after which they threw his telephones towards his colleagues.

Apparently, Robert fell unconscious thereafter and was dragged from the scene to De Winton Road where his attackers  bundled him in to the back seat of a waiting Toyota Mark II. He regained consciousness in the car as the men tried to undress him and remove things from his pockets.  The trip ended at the infamous Kireka JATT torture center where, next day, he was repeatedly slapped and punched by president Museveni’s operatives during questioning. In the meantime, Robert’s brother, Kizito Sserumaga searched all Police Stations in Kampala to no avail.

Kizito contacted the Irish Embassy for assistance, as Robert is a citizen of Ireland by birth. A concerted effort by the Serumaga family, involving the Irish ambassador to Uganda, TV stations and the Uganda Journalists Association, plus increasing awareness of the kidnap in the international media, convinced Mr. Museveni to produce Robert Serumaga. He was produced by the notorious CID officer, Jonah Kule on September 12, 2009. However, despite the sorry state of his health, Robert was put in a cell that day, without medical attention, where he was again physically assaulted.

Robert first got treatment on September 13, 2009, when the Police doctor, Dr Moses Byaruhanga, arrived took him to the International Medical Centre at KPC, under heavy guard. Later the Rwandese commander of Uganda police, Kale Kayihura, allowed Serumaga to be moved to Kampala International Hospital as the family wished. Earlier, Dr. Byaruhanga had insisted that Robert must only be admitted in the government’s dilapidated Mulago Hospital, where NRM opponents have been reportedly murdered by Mr. Museveni’s agents.

Contravening Mr. Museveni’s Uganda constitutional requirement that suspects be charged in court within 48 hours, Robert was produced at Buganda Road Magistrate’s Court on September 15, 2009. He was charged with 6 counts of sedition resulting from his remarks during the Kibazo program on WBS TV. He was granted bail and release shortly afterwards.

The Serumaga family also reveals that they took a photo (by cell phone) of one of Robert’s torturers when, at the International Medical Center when one of  Robert’s colleagues recognized him as one his original kidnappers. It a bizarre twist, after learning that someone in the Serumaga party had taken the photo, the police brought their video unit and filmed Serumaga and all his family and friends, in an apparent act of intimidation. The Serumaga family showed the torturer’s police commander Kale Kayihura explained that the man in question had, at the JATT torture center, inserted his thumbs and fingers in Robert’s eyes and attempted to gouge them out. He claimed not to know the man in the photo but said that he will be able to produce him if he is on the police force.

Below is a summary of specific demands that the Serumaga family statement concludes with (see more details):

1. They will not participate in investigations in the torture of Robert by the NRM government and its agents unless INTERPOL is involved.

2. They are unwilling for Robert to return to CPS or any other police station while suspected criminal elements are still employed and deployed there.

3.  They demand disciplinary action is taken against Mr Edward Ochom, of CID for attempting to send Robert to Mulago, which could compromise his safety.

4. They demand that disciplinary action is taken against the police’s Dr Moses Byaruhanga for unprofessional conduct.

5. They demand the investigation of the plainclothes policeman who filmed Robert’s children at Kibuli Police Station on September 15, 2009 and those who threatened Robert’s family on and September 12-13 outside CPS.

6. They demand the investigation of Simon Kuteesa’s role in the abduction and torture of Kalundi Robert Sserumaga.

7. They demand the immediate suspension and investigation of CID’s  Jonah Kule who was seen in deep conversation with the perpetrator who was photographed by the family.

The Serumaga family statement on the unlawful abduction and torture of their brother, son and father Robert, which they posted on the Ugandans At Heart blog is reproduced in full below:

RE: THE UNLAWFUL ARREST, TORTURE AND DETENTION OF KALUNDI ROBERT SERUMAGA ON FRIDAY 11TH SEPTEMBER 2009 UNTIL TUESDAY 15TH SEPTEMBER 2009

ABDUCTON

1. KALUNDI ROBERT SERUMAGA WAS ABDUCTED BY 5 armed men outside the studios of WBS television, Spear House at about 11pm on Friday 11th September 2009. Robert had just left the studios where he had appeared on Kibazo on Friday, a discussion programme.

2. He was in the company of Kibazo, Bernard Tabaire, Charles Rwomushana and Mary Ikazi. The men approached him as their group broke up.

3. As they departed, Mr Sserumaga was approached by the men, two of whom took hold of him by the belt, and told him they were arresting him. He asked them who they were to which one responded police. He held up a piece of paper which may or may not have been an identity card, as he looked away. They then immediately began to assault him.

4. Mr Sserumaga put up a fight until they threw him to the ground. After that he threw his telephones towards his colleagues.

5. He then fell unconscious and was dragged from the scene to De Winton Road and was bundled in to the back seat of a waiting Toyota Mark II. He regained consciousness in the car as the men tried to undress him and remove things from his pockets. When he started demanding to taken to a police station, one of the men tried to cover his mouth, and another fight ensued. As he fought to resist them they punched him and gouged at his eyes with their fingers, and also bent his head backwards and choked him.

JATT/KIREKA 11TH SEPTEMBER 2009

1. He was driven to Kireka and logged in to a book and put in a cell with 25 other men, mainly youth.

2. In the morning, a procession of guards came to the cell door and made all manner of threats to his life, and make sectarian insults to him, as well as the other prisoners. Finally the doors flew open and a tall well-built and well-dressed man in his mid-forties stood in the doorway and began to slap and punch him in the face while demanding answers.

3. This statement is supported by the medical examination carried out by Dr M. Galukande at International Medical Centre, KPC building on 13th and International Hospital, Kisugu between 13th and 15th September 2009.

4. Kizito Sserumaga searched all Police Stations in Kampala from that time to 3 am to no avail.

CENTRAL POLICE STATION 12TH SEPTEMBER 2009

1. Kizito contacted the Irish Embassy as Robert is a citizen of Ireland by birth. We went to Central Police Station (CPS) where we were told he was not there and his whereabouts were unknown. We made a public appeal via NTV outside CPS and we were surrounded by 5 armed soldiers in red berets and two plainclothes men. We immediately made another appeal at a Press Conference organized by UJA. During that conference, the Irish Embassy informed us Robert was being transported to CPS after which we went back to CPS. We found Kalundi Robert Sserumaga in the custody of Jonah Kule, O/C CID, at CPS. He was being held handcuffed with two other gentlemen, both Local Councillors from Makindye Division area. They had been tricked out of their houses at night on the pretext that there was a disturbance in the area, and then bundled in to a van at gunpoint and taken to Kireka.

2. We immediately asked that Robert be allowed medical attention. Kule insisted on waiting from instructions but that we would be able to do so. Later we were informed Robert was going to be released after i). WBS deposited a film of the Kibazo on Friday broadcast with CPS, ii) that Robert make 2 supplementary statements and iii). that he provide 3 sureties. These conditions were met. After the process of providing the sureties, Kule suddenly ordered us all out of the room, including Ernest Kalibbala the lawyer and then informed Robert that he had orders from above to return him to the cells.

3. We escorted Robert to the ground floor. After that the police physically pushed us out of the station entrance and down the stairs while brandishing sticks. Those of us already outside were threatened by the armed soldiers seated along the wall, numbering over ten and the man in plain clothes from earlier who was carrying a stick.

4. 13th SEPTEMBER 2009 We returned to CPS where Robert was now without shoes and had still not received medical attention. He had tried to inform a woman officer -one Commissioner Ayisu- in CID that he had been assaulted at which she laughed and said it was impossible. Mr Simon Kuteesa, Head of Media crimes informed us that he does not put people in car boots. He received a telephone call in our presence and said in our hearing that the prisoner ‘did not look too bad’. The entire time, there were two mambas, outside the station, countless men in plainclothes carrying sticks and whips, people in police uniform carrying sticks.

5. In the afternoon, we telephoned John Nagenda, Media Adviser to the President. We informed him that the story had broken in the international media and that we were going to continue to campaign for Robert’s release. Mr Nagenda was at that point was aware of the abduction but not of the torture. He arranged for us to meet Major General Kale Kayihura, Inspector General of Police. Mr Kayihura informed us the Irish ambassador had spoken to him and asked us what we wanted. We said our first priority was medical attention for Robert. Secondly we were formally complaining about being physically assaulted and ejected from CPS. Mr Kayihura telephoned Mr Ochom, Director CID, CPS and instructed him to have Robert examined at a hospital of our choice and admitted at a hospital of our choice if necessary. IGP Kayihura also telephoned Mr Sorowen the officer in charge of CPS and instructed him to ensure there was no humiliation of suspects and their relatives and the public generally. IGP summoned Mr Ochom and instructed him to implement everything agreed in that meeting and to ensure Robert was taken to a hospital of his choice immediately. He called in on Johnson Karugaba of the Professional Standards Unit to investigate our complaints. We then returned to CPS.

MEDICAL ATTENTION

1. After the Police Surgeon, Dr Moses Byaruhanga arrived, we traveled to International Medical Centre at KPC, under guard. There was an attempt to make Robert travel without shoes in order to humiliate him which we resisted. The armed and uniformed policemen sitting on the back of the pick-up truck and the plainclothes policemen became angry and said they would teach M. Serumaga a lesson (‘Tujja kukulaga enkola’.)

2. Dr Moses Galukande carried out the examination and the results are consistent with Robert’s description of the assault. He diagnosed concussion as Robert could not account for some time between the first onslaught and being bundled in to the car. He recommended observation, neurological tests and rest. Immediately Dr Byaruhanga stated that he had to be referred to Mulago Hospital. He said it was the law and that Mulago was ‘the national referral hospital’. When he insisted, Mary Serumaga tried but failed to telephone IGP, Kale Kayihura. She then telephoned Mr J. Nagenda who spoke to Dr Byaruhanga and told him there was no problem with admitting Robert at International Hospital Kampala as long as he was under guard. He said Government’s only reservation was that we should not expect them to pay the bills, which we accepted. Dr Byaruhanga still insisted that he needed to speak to Mr Ochom, Director CID. We refused to board the vehicles to be taken to Mulago Hospital, a government institution which we felt to be unsafe. Robert stated if they insisted on Mulago, he would prefer to retun to the CPS cells without any treatment. After nearly an hour Mr Ochom relented and allowed us to go to IHK.

3. 13th September 2009 Robert was admitted at IHK at approximately, nearly 48 hours after he had been very seriously assaulted.

4. Dr Galukande diagnosed concussion and recommended neurological tests. We returned to CPS to collect Robert’s bags. Again, Kule introduced another condition. He wanted, Robert to sign a charge sheet before going to hospital. He also wanted his passport. We ignored both instructions as 48 hours had elapsed and the police were merely trying to legitimize their abduction of Robert Sserumaga. Eventually Kule gave in and we proceeded to IHK.

5. Robert was admitted to IHK at about 8.30pm where he underwent tests and had some bed-rest. He was escorted by over 5 armed soldiers to Kampala Hospital for a CT scan.

FORMAL CHARGES

1. Tuesday 15th 2009 we were informed that Robert would be collected from the hospital at 10am to go to the Police for finger-printing and formal charging. Robert refused at first to co-operate because he wanted it to be acknowledged that he was being charged after 48 hours of detention had elapsed, i.e. he had been being held illegally.

2. Robert was produced at Buganda Road Magistrate’s Court and charged with 6 counts of sedition resulting from his remarks on Kibazo. The State opposed bail and was overruled by the Magistrate on the grounds that even if Robert were a flight risk, that could be cured by his depositing his passport with the Court. Also that because the validity of the sedition laws was being challenged in the Constitutional Court and it was not possible to try Robert immediately, he would grant bail.

3. We reported to IGP’s office that we were surrounded by ‘security operatives’ outside the court building eavesdropping on our conversations and stated we were holding IGP responsible for our continued security, and left the Court.

LEGAL AND MEDICAL COSTS AND SOLIDARITY

1. We would like to express our gratitude to the members of our communities and the public for your overwhelming support. The journalism profession has been a pillar of strength and has boosted our morale with their presence and their coverage.

2. We are grateful to Open Society, Uganda Journalists’ Association, and East African Journalists’ Association all of whom have offered to pay Kalundi Robert Sserumaga’s legal costs. We are grateful for the fact that his medical costs were covered in advance and without our knowledge. P. E. N. International Clifford Derrick Committee to Protect Journalists (S. Africa) have also expressed solidarity.

INVESTIGATION IN TO THE ABDUCTION AND TORTURE

1. During the time we were waiting for Dr Galukande’s report at IM Centre, Mary Ikazi spotted a man in a lavender jacket, white cap and dark glasses. He was carrying a long thin stick or car, that were commonly used by kiboko squad members during the rioting. He was short in stature, about 5ft tall. He was peeping through the window of IMC where he had been sitting with O/C CID, J. Kule. M. Ikazi froze and told us that he was one of the men who had abducted and assaulted Robert. Mary Serumaga photographed him with a cell phone. The plainclothes policemen with whom he was standing warned him that he was being photographed at which he covered his face with his lapels, turned his back and then they all scattered. One policeman returned and took photographs of M. Serumaga and M. Ikazi. [The following Tuesday at Kibuli Police Station they filmed M. Serumaga and made close-up films of Robert's children in our view. This was an act of intimidation.]

2. 14 September 2009 at about 5.30pm we spoke to IGP Kayihura about the police brutality experienced by Robert Sserumaga. We thanked him for finally permitting the delayed medical treatment even though it required the intervention of the Ambassador of Ireland and other lovers of justice and peace before he acted. We showed him the photograph of the man who had inserted his thumbs and fingers in Robert’s eyes and attempted to gouge them out. We informed him the man had followed us to the International Medical Centre and only ran away after we had photographed him. IGP stated he did not know the man but he would investigate. At first he said he and all those in plain clothes carrying sticks were policemen, if so, he is able to produce this man.

3. We informed IGP that his instructions about the medical facility Robert should be allowed to access were countermanded by Dr M. Byaruhanga the Police Surgeon and Mr Ochom, Director CID at CPS. They preferred to discuss the matter with persons unknown to us. He seemed to express shock that such clear instructions could be changed.

4. We requested Interpol be asked to help locate the abductors, to which IGP responded he has no objection although he would prefer we work with Uganda Police in the matter. He assigned Assistant IGP, Mr J.M. Okoth Ochola, in charge of Special Duties to investigate the matter. We agreed with Mr Okoth Ochola that we would contact him after the court appearance.

5. 15th September 2009, the same woman officer at CID who had refused to record Robert’s complaint of torture, telephoned him as he left court inviting him to make a statement.

THE WAY FORWARD

1. In view of the fact that the orders of Major General Kale Kayihura IGP are so easily countermanded by officers junior to him, receiving ‘orders from above’; that one of the offending officers (see paragraph 13 ) is now assigned to the investigating team; two officers Kule and Ayisu, have already dismissed the reports of assault as “impossible”, we decline to participate in the investigation unless Interpol is involved.

2. In any case we are unwilling for Robert to return to CPS or any other police station while suspected criminal elements are still employed and deployed there.

3. We demand disciplinary action is taken against Mr Edward Ochom, Director of CID at CPS for trying to ensure Robert was sent to Mulago where his safety would have been compromised. We demand to know from where above Kale Kayihura’s head, Mr Ochom was receiving instructions. As Director of CID at CPS where the kiboko squad move about freely and interact with senior officers and have meals in the police canteen, we hold Ochom responsible for the deployment of the kiboko squad to abduct, detain and torture Kalundi Robert Sserumaga.

4. We demand the same in regard to Dr Moses Byaruhanga who kept us at IM Centre for over 30 minutes while liaising on the telephone about sending Robert to Mulago. Although he was supposed to carry out his own examination, he did not and it appears his role was to ensure Robert was admitted to Mulago Hospital. He failed in that.

5. We demand the investigation of the plainclothes policeman who filmed Robert’s children at Kibuli Police Station on 15th September 2009 and those who threatened Robert’s family on 12th and 13 September outside CPS.

6. We demand the investigation of Simon Kuteesa’s role in the abduction and torture of Kalundi Robert Sserumaga. Kuteesa was instrumental in convincing us on 13th September that Robert was going to be released for medical treatment in a few hours as long as he had three sureties and a passport. He then vanished at about 10pm before Kule said he had ‘orders from above’ to detain him further. Kuteesa has consistently acted in an unprofessional manner treating our complaints about torture as a joke. He too receives anonymous ‘orders from above’ and made a ‘phonecall assuring someone that Robert was not too badly injured even though he had no medical evidence. Simon Kuteesa is a callous and dangerous man.

7. We demand the immediate suspension and investigation of O/C CID, Jonah Kule who was seen in deep conversation with the perpetrator we managed to photograph outside IM Centre during Robert’s medical examination, Kule is in direct command of the kiboko squad and is a danger to all Ugandans.

0782199589

The End.

Saturday September 12, 2009

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Boston, USA: Mengo Victim of Unconstitutional Acts

We Won’t Tolerate Mengo’s Unconstitutional Behavior
http://www.newvision.co.ug/D/8/293/694329

Says Museveni
A RESPONSE

by Aloysius M. Lugira

Last Wednesday identified with 09.09.09 became a September day, which in Ganda Africism reflects eventful numerical situation. It was on that day that many of us in the Diaspora became aware of the intensity of riots that raged in Buganda in protest of the marginalization of a peoples’ heritage. His Majesty the Kabaka of Buganda Ronald Muwenda Mutebi was being blocked from attending to a function in his kingdom because a Uganda army Captain, against members of his family, had declared himself to be the cultural leader of Kayunga. This as of today, September 12, 2009, has led Wikipedia, the free encyclopedia to record that: “In September 2009, declared its secession from the traditional Kingdom of Buganda. The King attempted to visit but was banned by the Ugandan government, provoking riots in Kampala”.http://en.wikipedia.org/wiki/Buganda

It is against this background that President Yoweri Museveni, on September 10 , 2009, at Entebbe State House chose to address the Buganda Parliamentary Caucus with the heading of: “We won’t tolerate Mengo’s unconstitutional behavior”.

President Musevei’s address to the Buganda Parliamentary Caucus is made up of forty paragraphs some of which are as short as two lines. The contents of the address non-chronologically include unconstitutional events of the terrorism which was perpetrated against Buganda in 1966. He then, without elaboration, mentions that he was a youth-winger of the Democratic Party, the party according to his words he considers to principled. To verify this one may be advised to check with Mzee Boniface Byanyima to know the whole truth about. The fact is that Museveni has estranged himself from his erstwhile benefactor..

Whatever President Museveni may be intending to mean by unconstitutional behavior his colonialist dictatorial stances are not likely to endear him to the people who would have otherwise cared to care. Insisting on addressing the Kabaka in the colonialist superiority complex form of “His Highness Kabaka Mutebi” instead of His Majesty the Kabaka Ronald Muwenda Mutebi creates an indignation that does not allow smoothness to prevail. Keeping inconsistently harping and derogatorily sneering at the understanding of the importance of the Kabakaship by the late Dr. Andrew Lutaakome Kayiira to many Baganda becomes nauseating. When in your address regarding monarchies you say: “We said that we were fighting for the freedom of Ugandans; once the Ugandans had got their freedom, they would decide on what to do.” In his Uganda Freedom Movement, that is exactly what the late Kayiira was about. He wanted Ugandans to have freedom and the freedom of having their Kabaka whose kingdom was unconstitutionally desecrated. Mr. President save us the inconvenience of suspecting you as being supportive of the unconstitutional events of 1966 in Uganda. It should certainly not be illogical to demand reparation from the Government of Uganda for those constitutionally criminal perpetrations against Buganda.

During the late 1950s speaking in Mbale the late President Milton Obote announced that his mission was to wipe Buganda off the map. Presumably according to your own words when you deserted what you have referred to as a principled party you landed into UPC with a leading position as a General Service Operative. According to what you have written in your Graduating Paper at the University of Dar-es-Salaam, it sounds logical that you are in for the destruction of Buganda.

The terrorism you have devised in the30th paragraph of your address is a case in point not only of “unconstitutional behavior,” but also of unconstitutional acts against

Baganda. In your own words you say: “On the issue of the Land bill we had to launch our own counter-campaign of sensitization and forming the bibanja associations. These associations have empowered and emboldened the bibanja-owners. Now that the bibanja members are empowered, some of them have started taking the law into their own hands, if we take the recent examples of lynching landlords in some areas of Kayunga.

Ugandans please, read and read this paragraph again. Should such terrorism be tolerated?

.

Boston, USA: Obsequious Dance For A Death Culture Captain In Kayunga Mr. President?

Fellow Ugandans,

Our inability to protect the Kabaka or the president for that matter in kayunga, sounds more and more like the Benazir Bhutto, case, where the state could not protect her in certain areas of Pakistan, we all know where that ended.

Kayunga is not a war torn area and should be accessible to all Ugandans including the president and the King of Buganda, even those who unfortunately lost their lives  trying to go there.

General Museveni, should reign in one of his rogue captains, responsible for creating a beligerent culture a climate of banditry and perhaps responsible for some gruesome murders that have occurred in Kayunga.

What if the Kabaka refused say General Tinyenfunza or Otafire from coming through Kampala or Entebbe or Nakivubo how reasonable would that wish be?

what does this Kayunga man hold against our president-to make him a siloed King and grant him such foreign wishes?

Now we have spilled blood unnecessarily and Gwanga mujje calls are sounding in every township. This denial of movement to a sitting King is not going down the throats of Baganda well, and should not be the hill that defines the death of NRM in Buganda.

If I were an advisor to the president, I would ask him not to go out on a limb for an indefensible rogue captain, given all the murders presently witnessed in Kayunga. He as president has to draw the right line in Bugerere.

Tendo Kaluma

Concerned Ugandan Boston

Katikkiro JB Walusimbi’s Statement On Kayunga Events

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Kabaka’s representatives in North America have distributed  the following press release from Katikkiro JB Walusimbi.

PRESS RELEASE

In 2008 the Kingdom of Buganda decided to hold the annual Youth Day celebrations for 2009 in Bugerere County following the successful celebrations held in Kyaggwe County. The objective of the celebrations, which are presided over by Ssaabasajja Kabaka, is to rally the youth to engage in social and economically developmental activities as well as to promote our culture values.

The Kingdom regrets that this year’s celebrations have been unduly politicized.

The Kabaka’s visit to Bugerere is lawful and constitutional and the reasons being given for blocking the Kabaka and the Katikkiro from accessing Bugerere are completely unfounded.

The Kingdom recognizes the cultural and ethnic diversity of its peoples. This is clearly demonstrated in the composition of its Cabinet and Lukiiko. The Banyala are part of Buganda and our history and culture recognizes the Namuyonjo as their cultural leader. The Namuyonjo and the overwhelming majority of the Banyala enjoy their culture and voluntarily pledge their allegiance to Ssaabasajja Kabaka of Buganda

The county of Bugerere comprises several ethnic communities including the Bakenye, Basoga, Bagishu, Baluuli, Baganda, Japadhola, Iteso, Sudanese, Kuku. All ethnicities have been living harmoniously until the recent creation of the institution of the “Sabanyala”.

The Kingdom of Buganda deeply regrets the loss of life and destruction of property that followed the refusal of the Katikkiro to access Bugerere. In addition, the Kingdom regrets and abhors the closure of its radio station CBS FM, something that has heightened to the unnecessary chaos and tension.

The Kingdom of Buganda remains committed to fostering peace, justice and the harmonious co-existence of all of the peoples of Uganda. We remain very resolute in our peaceful and democratic quest for the realization of our legitimate aspirations for a federal system of governance for the whole of Uganda and the unconditional return of our expropriated properties.

The Kingdom reassures the public that Buganda remains a peace loving Kingdom that thrives on ethnic diversity and mutual respect and urges all people to remain law abiding. The Kingdom is and has always been willing to engage in principled, transparent and constructive dialogue with the Government and all other communities of Uganda to ensure our peaceful co-existence for the future. Such dialogue ought to be structured, time-bound, free of intimidation and based on mutual respect.

We are still engaged with Government to ensure that Ssaabasajja Kabaka attends the celebrations in Bugerere in a peaceful and secure environment.

AWANGAALE SSAABASAJJA.

ENG. J. B WALUSIMBI,

KATIKKIRO.

10th September 2009.

Kabaka’s Representatives in North America Urge NRM Government To Stop Tactics That Divide Ugandans

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The Kabaka’s Representatives in North America, on behalf of all Baganda and people of goodwill in North America, strongly condemn the senseless loss of life and destruction of property that followed the refusal of the Katikkiro, by the Uganda Government, to enter Bugerere County and participate in preparations for the Annual Youth Day (AYD) event. The AYD, which is presided over by Ssabasajja Kabaka of Buganda, is designed to rally the youth and encourage them to engage in education, social, cultural and gainful economic activities. We believe that these objectives of the AYD are in line with our country’s efforts to modernize and make sure all her people are productive in the economy. This is what Ssabasajja Kabaka is trying to do by helping to nurture the youth.

The Kabaka’s Representatives in North America strongly believe that the Kabaka’s visit to Bugerere is lawful and constitutional and the Uganda Government’s effort to block and interfere with these cultural activities is unlawful and unconstitutional. We strongly urge the Uganda Government to work with the Mengo establishment to strengthen the ties that bind the people of Buganda together. The different ethnic communities in Bugerere County, including Bakenye, Basoga, Bagishu, Baluuli, Baganda, Japadhola, Iteso, Sudanese, Kuku, etc., have lived together in harmony until the recent creation, by the Uganda Government, of the institution of the “Sabanyala”.

The Kingdom of Buganda is a peace loving kingdom that has thrived on ethnic diversity and mutual respect for all of its residents. We believe that what is good for Buganda is good for Uganda. The actions being taken by the Uganda Government could destabilize the Kingdom, undermine the authority of the Kabaka, and weaken Uganda. We, the Kabaka’s Representatives in North America, urge the Government of Uganda to stop employing tactics that divide the people of Uganda based on ethnic and other grounds. Instead, the Uganda Government should create an environment for Ugandans to exercise their right to promote practices that unite them and uphold respect for their cultures.

Wycliffe R.Lule-Musoke, Kabaka’s Representative in the states of New Jersey, New York, Pennsylvania and Delaware. CONTACT is lam5jc@aol.com

Fred Kalema-Musoke, Kabaka’s Representative in Washington DC, Maryland, Virginia and West Virginia. CONTACT is Fkalema-musoke@msn.com

Thomas K. Lwebuga, Kabaka’s Representative in the states of Oregon, California, Washington, Nevada, Arizona and Hawaii. CONTACT is tlwebuga@yahoo.com

Emmanuel Kintu, Kabaka’s Representative in the states of Colorado, Kansas, Nebraska, the Dakotas, Montana and Utah. CONTACT is drekintu@gmail.com

Omulongo Abdulaziz Wasswa-Damulira, Kabaka’s Representative in the states of Illinois Wisconsin, Michigan, Indiana and Missouri. CONTACT is mulongo2003@Yahoo.com.au

Samuel Mwanje Kiggwe, Kabaka’s Representative in the states of Georgia, the Carolinas, Florida, Kentucky, Mississippi, Tennessee and Alabama. CONTACT is kiggwe@aol.com

Christine Nabukeera, Kabaka’s Representative in Canada. CONTACT is awola19@yahoo.com

Abu L. Senkayi, Ph.D. Kabaka’s Representative in the states of Texas, Louisiana, New Mexico and Oklahoma. CONTACT is senkayi@yahoo.com

Observer Newspaper Translates Kabaka’s Speech To English

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The Observer Newspaper, where Ibrahim Ssemujju Nganda, the man who made Museveni sweat on TV (see “Semujju Nganda Made Museveni Sweat On TV“) works, has translated the full text of the speech that Kabaka Mutebi made when opening the Lukiiko on August 24, 2009. As is customary, the Kabaka made his speech in Luganda, the national language of Buganda. The Observer’s loose translation is as follows:

BUGANDA’S WELCOME

We first of all want to thank God for the good He has done for us and console all those who have encountered problems in the past.

We greatly thank Buganda for showing us such great joy during the 16th coronation anniversary since the installation of the kingdom.

Buganda has spent more than 300 years welcoming people to prosper as a nation and by the mid 19th century, Buganda was the most powerful kingdom in central Africa.

To date, Buganda is still welcoming people. But we would not like the people Buganda has welcomed to create and build their own nations here in Buganda. Buganda’s boundaries are well outlined in Uganda’s constitution.

Therefore, it is very painful to the Baganda if other kingdoms are formed in Buganda. We beg that the welcome we extend to everyone should not be abused.

RETURN MORE EBYAFFE

In these 16 years, there are some things the government has returned to Buganda, and for that we are very grateful; and there are many others that haven’t yet been returned.

There is land at the counties and sub-counties headquarters in the whole of Buganda and buildings that haven’t been returned.

Right now there are Baganda nomads because they don’t have land yet the land that was returned to us by the colonialists in 1962 and later grabbed in 1967 is yet to be returned. The Baganda want the land that was forcefully grabbed returned to Buganda.

STOP THE LAND KILLINGS

There is another thing that is worrying us here in Buganda. Every other day people are killed over land wrangles, particularly between landlords and tenants.

There was a time here when mailo land owners lived in harmony with the tenants on that land.  We pray that that harmony and peaceful co-existence returns. Blood should not be shed because of land; if in the past there was peaceful co-existence, then it is also possible now.

Now there is no harmony between the land owners and the tenants; none of them can use the land, they are both in fear. A solution to this must be found so that peace returns to Buganda.

God bless you.

For a related Buganda Story go to “Kabaka Concerned, Museveni and Mirundi Promoting Landlord Murders“. To visit the Observer Newpaper online go to www.observer.ug.

Guidance on Baganda Bannamawanga Question

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Samwiri Mukasa
Buganda Nationalist
USA

I found the arrogance in Mr. Museveni’s “Guidance to Banyoro Bafuruki question” letter, posted in Buganda Post on August 1, 2009, unacceptable. Click on “Tired, Drowning Museveni Blames Baganda For Bunyoro Land Violence” to see the letter. I cannot understand how a man who became president on the backs of Baganda can go so far in abusing us and our Kabaka. I had to do something about it. My late father used to tell us that, if you want deal with a stone-throwing mad man, throw a few rocks at him too. So, I chose to throw my own 9 so called principles at Museveni, blow by blow, here on Buganda Post. Mr. Museveni’s “stones” (poor spelling is his) are shown in regular text and my “rocks” in bold.

Guidance on Baganda vs Guidance on Banyoro

Having thought about all this for a long time, I am proposing the following principles to be part of the solutions.

After reading president Museveni’s letter and thinking about it for a short time, I am proposing the following principles to be part of the solutions.

1.     Ring-fencing the LC 5 positions in the whole of Bunyoro region for the indigenous people; and also ring-fencing the sub-county leadership in the whole of Bunyoro.

1. Ring-fencing all politics in the Kingdom of Buganda for native Baganda people (the Bataka and appropriate community leaders will sort out the details of how to put Baluuri, Banyala, Bakenyi and even certain Bajjwa on the path to full recognition as citizens of Buganda, and integrating some of their unique customary practices in Baganda culture)

2.    Ring-fencing the positions of Member of Parliament in the whole of Bunyoro region for the indeginous people except for the special constituencies created around Rutete (Lutete) and Kisita resettlement schemes. Number and two will in the spirit of article of 9 and article 10 of the 1995 Constitution of Uganda. They were also envisaged by article 32 of the constitution of Uganda which talked about affirmative action in favour of marginalized groups by reason of history or otherwise for the purpose of redressing imbalances that exist against them.

2. Abolishing the bogus 1995 Museveni Constitution since it is a “weapon of Buganda occupation”. Over 90% of Buganda’s people publically protested it because they preferred a federal form of government and Mr. Museveni responded with threats  to use force. The same happened in 1998 when Baganda demonstrated against the Land Act; Mr. Museveni threaten to start a new guerrilla war. Even more importantly, our Kabaka has publically stated, “Tuli mu buwambe” (”we under occupation”) – the Kabaka cannot lie!

3.    All the indigenous people that were on the Mailo land in 1964 should be granted ownership and the absentee landlords should leave the land. All the indeginous people that have been on public land should get titles ownership of that land. The Bafuuriki in the settlement schemes already have their land and should get titles if they do not have them. The Bafuuriki who bought land legally should have their rights recognized.

3. All Baganda who, in 1986, were on land that was later acquired irregularly by non-Baganda (using stolen government funds, drug money, laundered funds, land grabbing, etc.) shall be granted ownership and titles. Proof of income and tax records will be required to support claims of legal acquisition by the non-Baganda. Anyone who bought stolen property (abaagula ebibbe) will automatically lose it as required by ancient Buganda Laws.

4.    All the illegal encroachers in forest reserves should be evicted without compensation as the normadic cattle keepers of Buliisa are being settled in Buganda.

4. All the illegal encroachers in forest reserves, wetlands and cultural sites shall  be evicted without compensation and the nomadic cattle keepers will be repatriated to their home countries, using Tanzania’s successful experience as a model.

5.    The towns and trading centre should be exempted from these affirmative action measures. They should be free for all Ugandans. This is the healthy integration. The totally integrated Uganda should have its nucleus in the urban centers, factories, the hotels, the shops, the real estate etc. in oreder to promote healthy integration, industrialization should be promoted to pull redundant population from rural areas to the urban areas. Here there should be no regulation beyond ensuring that the workers are Ugandans.

5. Land ownership by genuine non-Baganda investors and residents will follow international norms, using countries like Japan, Korea and Israel as models. There will be a limit to the amount of land these non-Baganda investors and residents may own outside urban areas – to be set by the Great Lukiiko.

6.    The indigenous people who get land should be prohibited from selling the land for 20years and also leasing it.

6. The indigenous people who get land shall be free to sell their land to other Buganda or to non-Baganda through Buganda Land Board and according to the laws governing Buganda land.

7.    A program of sensitising the Banyoro and Bafuuriki should be promoted.

7. A program of sensitizing all Baganda and residents of Buganda about the historical and cultural importance we put on our land and environment shall be promoted.

8.    Government should have a special program for developing Bunyoro using money provided by the central government including the British funds.

8. Ssabasajja Kabaka’s Government shall have a comprehensive strategy and several programs to develop the kingdom’s people at a rapid rate, relying on the resources of Kabaka’s people all over the world – Kabaka does not “beg”.

9.    Finally there should a sunset clause to terminate or cause a review of this policy after 20years.

9. Finally, there is no sunset clause to terminate or reduce the rights of Baganda to determine how their God given land in the 18 counties shall be administered.

All this is a consequence of the colonial policies also supported by the traditional chiefs like of Mengo in Uganda, of discouraging the use of Swahili as a national language. If the people of Bunyoro-the Banyoro or the Bafuuriki were using Swahili, their differences would be submerged. It is the use of vernacular that provokes, in part, these contradictions. I like the indeginous languages, in fact I am about to complete a dictionary in Runyakore-Rukiga. However, I see these vanaculars not as an end in themselves. I see them as a source of enriching Swahili. That is why NRM promotes Swahili. We included it in the constitution; we use it in the army etc.

The committee, should, therefore, look at the principles I have mentioned above and see them work. You should also identify any other problems that I have not identified and propose solutions. You should propose any solutions you feel are useful in the areas for which I have suggested solutions.

All this  is a consequence of failure on our part, the Baganda,  to recognize that Uganda has needed us way much more than we did. And, that the relationship is now irreparable, especially since Uganda is a certified failed state, run by common thieves. How would one otherwise explain why the president’s office cannot not use an English spell-checker on Mr. Museveni’s letter?

Awangaale Ssabasajja!

Samwiri Mukasa

Kabaka Sues New Vision, Museveni Is Happy

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In a twist of irony, both Mmengo and president Museveni are happy about the news that the high court of Kampala has summoned New Vision Publications to file its defense in a suit filed on July 23, 2009 against it and its employees by the Kabaka of Buganda Ronald Muwenda Mutebi II. The employees are editor-in-chief, Els de Temmerman and reporter Barbara Among. Mmengo should be pleased because the courts appear to be acting expeditiously on their filing. On the other hand, sources close to president Museveni’s state house have told this writer that Uganda’s strong man is relieved and pleased because he was getting intelligence reports that Baganda anger was building and they were starting to look to Mmengo for direction on next steps. And now things are back to his sphere of influence.

On July 11, in a New Vision story titled “Bulange land title held over sh1bn debt”, one Barbara Among reported that Kabaka Mutebi had mortgaged Buganda’s Bulange land title for money he put to personal use. In reaction, a July 20, 2009 the Buganda Lukiiko passed 10 resolutions, including one calling upon Baganda to boycott the New Vision and the Luganda Bukedde, until they apologize to Kabaka Mutebi. Since then Bukedde readership has drastically fallen and there have been reports of people being beaten up or denied services in the counties of Buddu, Ssingo, Kyaggwe, Bulemeezi and elsewhere.

Our New York based analyst warns that, whenever you see Museveni, Nsibambi, Bukenya, Namayanja or Sekandi strongly agree with Mmengo, it is sign that bad news and disappointment for Baganda is on the way. They and several other NRM bigwigs started a campaign to push Mmengo to go to court, after reports of mounting Baganda anger last Tuesday. He adds: “In the broader picture, this kavuyo is about Museveni trying to keep Baganda and Mmengo permanently off balance, in courts, demonstrations, online discussion groups, etc. That way, they cannot get on the same page and create any roadmap for self-determination. Imagine, a few months ago is was the land act, 3 weeks ago the crisis at Mmengo was’ Kampala bamutwaala’. Then came,’ Federo will never come to Buganda’. Now it is ‘Kabaka vs. New Vision foreigners’. This one might last a few weeks and keep several Baganda going to court every day, because I am suspicious that Museveni will use the court environment to bring out a lot of Mmengo dirty linen on land titles, etc.  And while we are all glued on this one they will probably pass the law to take Kampala out of Buganda and conclude the sale of Entebbe airport to their partners.”

“It has been this way since the time when Museveni shortchanged Buganda on Federo during constitution making. The question is whether the people in Mmengo are genuinely incapable of seeing Museveni’s Machiavellian tricks or whether some of them are willfully helping him by misleading Kabaka Mutebi.  Only weeks ago Katikkiro Walusimbi was taking a check form Museveni to buy bean seeds, which we have not heard about again. Now, over the next few weeks, Kabaka Mutebi, our Ssabasajja will be waiting to hear how a commoner judge, appointed by a foreigner, determines the fate of his ‘complaint’. Which sane Muganda will be able to proudly tell his child that, ‘Kabaka taloopebwa’ anymore?. Museveni must be so happy, because he has Kabaka Mutebi where he wants him, pleading with his (Museveni’s) appointed commoner judges for mercy against those defaming him (Kabaka) in his own kindgom.”

Below is the report which was posted on Mmengo’s official website www.buganda.or.ug.

NEW VISION ORDERED TO SUBMIT ITS DEFENCE

By Ester Nakibuuka

The high court of Kampala has summoned the New Vision Publication to file its defence in a suit filed against it by the Kabaka of Buganda Ronald Muwenda Mutebi II for publication of a fabricated defamatory article about him.

The Company has been sued together with its Editor in Chief Els De Temaman and the reporter Barbara Among who wrote the defamatory article that Bulange title deed is being held by a senior cabinet minister in the central government for non payment of debts amounting to over one billion Ugandan shillings.

According to the summons signed by the Kampala high court registrar, Elizabeth Kabanda, the trio have been given 15 days within which to submit their defence.

Through his lawyers Masembe, Makubuya, Adriko, Karugaba and Ssekatawa Advocates, the Kabaka stated that the article published on Sunday the 12th July, 2009 titled “BULANGE TITLE HELD“, was false and malicious against him despite the fact that he has always been held in high esteem as the Kabaka of Buganda and a cultural leader of over 6 million people. He added that the article injured his credibility and reputation in the eyes of right thinking members of his society.

The suit further stated that the published article referred to his majesty Ronald Muwenda Mutebi II because he is the only sitting Kabaka of Buganda, adding that some sections of the article even mentioned his son Prince Crispin Jjunju which made a large number of people who read the article to identified him as the person referred to in the article.

The Kabaka further stated that the article defamed him extremely since it implied that he had betrayed the trust embedded in the office of the Kabaka of Buganda and meant that he is grossly reckless and negligent in his conduct of affairs of the Kingdom as trustee.

The Kabaka stated that the article implied that he is dishonest as portrayed by his use of the Kingdom’s properties in his personal businesses. He added that the article portrayed him as an indebted person who has failed to pay off his debts and therefore in the process of selling off Buganda’s land to unscrupulous people for his personal gains.

In the suit, the Kabaka assured that hearing of the case will help him prove that he has never pledged, mortgaged or otherwise disposed of the certificate of Bulange title deed to any minister in government or to any one at all.

He further sated that the minister being referred to as coming from Sembabule district, Sam Kuteesa has already come out publicly to deny ever lending any money the Kabaka or being in possession of the said title deed.

He also stated that the hearing will help him prove that he has never personally borrowed any money from any other senior cabinet minister and that he has never transferred the titled into the names of Rexba limited, as it was alleged in the article.

The Kabaka stated that the publication had a motive to malice him because all the information in regard to the mentioned land titled is in his possession and went further to explain that if they had bothered to contact him before publishing the defamatory articles, the matter would have been cleared once and for all.

The Kabaka therefore wants court to order the New Vision Publication to retract the defamatory article and publish a front page apology to him as well as to the people of Buganda who were most affected by the story.

He also wants the apology to be published in both English and Luganda and also air special announcements on both the English and Luganda FM stations, owned by the New Vision Publications.

The Kabaka further wants an order from court that the false story be withdrawn from the New Vision website and also be rendered invisible, so that it is not read over and over again.

The Kabaka also wants court to order the New Vision to pay him damages worth his status for damaging his image.

The case will be presided over by Justice Kibuuka Musoke before the high court of Kampala.

Where There’s A Will…: Extrajudicial Executions And Police Reform In Kenya

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Louise Edwards
Programme Officer – Access to Justice (East Africa)
Commonwealth Human Rights Initiative, New Delhi

 

The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, Professor Philip Alston, presented his detailed report on Kenya at the recent 11th Session of the UN Human Rights Council.  In an extraordinary week of political maneuvering, reinforcing the internal tension that plagues Kenya’s Grand Coalition Government, the Kenyan delegation responded with an oral statement to the Council that contradicted their earlier written response. Having initially denied Professor Alston’s accusations of the widespread and systematic use of extrajudicial killings by the Kenya Police Force, the delegation conceded that there is a problem, but stopped short of acknowledging Government complicity.

The proceedings and outcomes at the 11th Session have received much local and international press.  Now, two weeks later, the focus must shift to action taken by the Kenyan Government to address the issues raised by Professor Alston and the fall out from the publication of his report, which included the killing of two human rights defenders that had previously cooperated with his mandate.  Despite the eventually positive response from the Kenyan delegation in Geneva, early signs of action are not necessarily promising.

Professor Alston’s report articulated what concerned local and international organisations have been saying about the Kenya Police Force for many years and which the Government failed to acknowledge until their oral statement to the Council – that extrajudicial killings are part of the policing landscape in Kenya. The oral statement also contained a public acknowledgement of Kenya’s weak police oversight mechanisms, the need to establish a local independent police commission and assurances that no human rights defenders would be intimidated or harassed as a result of their cooperation with the UN Special Procedures mandate-holders.

Nevertheless, it remains to be seen whether the promising outcomes in Geneva will translate into credible action in Nairobi.  Successive promises of reform articulated in a number of strategies and processes over the past 10 years have not been completed or sustained by the Kenya Government.  Kenyans continue to be policed by an organisation that lacks sufficient accountability structures, fails to protect or uphold basic human rights and is continually subject to illegitimate political interference.  Millions of dollars have been invested in the development and publication of commission reports, task force findings and reform strategies without any genuine steps by the Government to implement systemic reform.

The concerning state of policing in Kenya has received significant national and international attention over the past 18 months.  The police response to the 2007 post-election violence brought the issue of political partisanship, impunity and brutality to the fore.  The Waki Commission report into the violence strongly recommended comprehensive reform of the Kenya Police Force and Administration Police and Professor Alston’s report reinforced the brutal and corrupt practices that have been permitted to flourish by the unreformed, colonial policing model. 

Police reform is a daunting and long term process.  It requires substantial law reform, a radical shift in policing culture from one of impunity to accountability and the restoration of trust between police and the community.  None of these urgent reforms will happen in Kenya without the political and financial commitment of the Government to undertake reforms of this scope.  The recent establishment by the President of a special Police Reform Task Force represents a positive step towards delivering credible advances.  However, the Government must translate the Task Force’s recommendations into actual reform that goes beyond improving operational capacity to address governance, accountability and legal structures.  Otherwise the Task Force, for all its good intention, will become another failed reform vehicle.

Drawing on the previous recommendations and those foreshadowed to appear in the current Task Force findings, the Government should implement the following minimum reforms:

  • Constitutional and legislative amendments that clearly separate the operational control of the police from the direct control from the political Executive and provide for transparency in monitoring police performance and conduct,
  • Strengthening internal and external oversight mechanisms, including the enactment of legislation and budgetary allocation to give full effect to the Police Oversight Board plus the establishment of an independent complaints mechanisms,
  • Establish a clear demarcation between the role of the Kenya Police Force and the Administration Police,
  • Improve police human rights training and resourcing to strengthen human rights compliance and operational effectiveness in the prevention, detection and investigation of crime, and
  • Establish clear legislative guidelines on the use of force, torture and adherence to basic due process that accord with Kenya’s existing obligations under international law.

If the Government is serious about reforming the police, a commitment to implementing past and current recommendations is not enough.  It must also take immediate steps that both demonstrate its firm commitment to reform and restore public confidence in the reform process.  A positive first action should be the investigation, prosecution and punishment of those police officers who commit or acquiesce to illegal acts including, but not limited to, those responsible for the 2007 post-election violence and the perpetrators of extrajudicial killings.

Other immediate steps must include measures to implement the Government’s guarantee of protection to individuals who have been intimidated or subject to retribution for their cooperation with the UN Special Procedures mandate-holders.  Human rights defenders, including members of the Kenya National Commission on Human Rights have been subject to threats and some have been forced to flee Kenya.  The high profile execution of two prominent human rights defenders, who cooperated with Professor Alston, and the failure by the police and Government to identify those responsible, highlights the inadequacy of protection and security for human rights defenders.  While Kenya has a witness protection programme, reform is urgently required to ensure the integrity of its internal processes (including accountability, Executive control and information storage and sharing) before those who are most in need of protection will have confidence in the systems that are designed to deliver it. 

The 2007 post-election violence, followed by the findings in Professor Alston’s report, and the tragic consequences for human rights defenders who cooperated with his mandate, have kept the problems with Kenyan policing firmly in the international spotlight.  Whether the political will to commit to genuine reform is present in the Grand Coalition Government remains to be seen, but what is clear to the international community is that the need for police reform is more crucial than ever.

The Commonwealth Human Rights Initiative (CHRI) is an independent, non-partisan, international NGO working for the practical realisation of human rights in the countries of the Commonwealth.
www.humanrightsinitiative.org

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