The People of Kenya
To: Inspector General of Police
Taifa Road, Jogoo House “A” 4th Floor,
P.O. Box 44249-00100,
RE: PETITION TO THE INSPECTOR GENERAL OF POLICE JOSEPH BOINETT UNDER ARTICLE 37 OF THE CONSTITUTION OF KENYA 2010 ASKING HIM TO PROVIDE A LIST OF ALL POLICE OFFICERS WHO WERE INVOLVED IN DISPERSING DEMONSTRATIONS ACROSS THE COUNTRY ON 16 MAY 2016 AND ALSO TO RESIGN DUE TO POLICE BRUTALITY
WE, the undersigned, Citizens of Kenya, representing various Social Movements and individuals condemn with strongest possible terms the use of excessive force in dispersing the peaceful procession at the Independent Election and Boundaries Commission – IEBC offices at the Anniversary Towers Nairobi and other parts of the country like Kisii, Busia, Machakos and Kisumu under your watch.
We also condemn the brutal beating and inflicting of injuries to Immanuel Okumu from Katina Ward in Kawangware who was injured in the head and abdomen, Jackline Nawiri from Mathare who broke his forelimb, Simon Ayaya from Mathare who has a bullet lodged on his chest, Japheth Muroko who was Injured in the Head and Leg, Shida Adam from Makina Kibera who was Badly Injured, Rita from University of Nairobi, Domnick Oulu from Huruma, Josephine Martha from Kangemi, Polycarp Baraza from Katina in Kawangware and Sylvia Inyambula from Kangemi who was beaten by police while rescuing a child whose mother had collapsed due to the tear gas fumes.
We wish to state that it is in the public interest that we formally lodge this petition to ask you to make public the list of all police officers who were involved in dispersing the protests across the country by Friday the 20 May 2016 pursuant to Article 35 of the Constitution of Kenya 2010 that states that Every citizen has the right of access to information held by the State and that the State shall publish and publicize any important information affecting the nation failure to which you shall be personally held responsible for the injuries, harm and loss of property that was occasioned by the brutality meted on innocent Kenyans across the country on Monday the 16 May 2016.
We further wish to state that it is in the public interest that we formally lodge this petition to ask you resign due to the police brutality that has been meted on peaceful protesters across the country during the anti IEBC demonstrations. The police actions went against:
Article 1 of the Constitution of Kenya 2010 that states that all sovereign power belongs to the people of Kenya and the people may exercise their sovereign power directly. Kindly note that on this day the people were exercising the sovereign power directly
Article 25 of the Constitution of Kenya 2010 that states that freedom from torture and cruel inhuman or degrading treatment or punishment cannot be limited. The Police meted cruel, inhuman, degrading punishment on the protestors contrary to this article
Article 28 of the Constitution of Kenya 2010 that states that every person has inherent dignity and the right to have that dignity respected and protected. The police action clearly failed to protect and respect the dignity of the protestors
Article 37 of the Constitution of Kenya 2010 that states that every person has the right, peaceably and unarmed, to Assemble, to demonstrate, to picket, and to present petitions to public authorities. The procession was protected under the law with the intention of presenting a petition asking IEBC officials to resign and the protestors were peaceful until the police lobbed tear gas canisters disrupting peace.
Article 238 (2) (b) of the Constitution of Kenya 2010 that states that the national security of Kenya shall be promoted and guaranteed and be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights and fundamental freedoms. The police action clearly went against the rule of law, democracy and failed to respect human rights and fundamental freedoms of Kenyans.
Article 245 (2) (b) of the Constitution of Kenya 2010 that states that the Inspector-General of Police shall exercise independent command over the National Police Service, and perform any other functions prescribed by national legislation. This means that you are the one who ordered the violent dispersal of the procession at IEBC offices countrywide hence is personally liable and responsible.
Article 245 (4) (b) of the Constitution of Kenya 2010 that states that no person may give direction to the Inspector General of Police with respect to the enforcement of the law against any particular person or persons. This therefore means that any purported order by the CS Security to the IG as to how to deal with the protests across the country is illegal and therefore you are personally responsible for the injuries, harm and destruction to property occasioned by police action.
Article 21 of the International Covenant on Civil and Political Rights which was acceded by Kenya on 23 March 1976 which states that any state party to this covenant shall ensure that the right of peaceful assembly is recognized and that no restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society. The police action clearly went against this covenant.
Article 16 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which was acceded by Kenya on 21 February 1997 and which states that each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment
THEREFORE we the Citizens of Kenya ask you to do the most honorable thing and:
Immediately release the list of police officers who were involved in dispersing anti IEBC protests across Kenya
Immediately Resign from your position for failing to defend and protect the Constitution of Kenya as per article 3 of the Constitution of Kenya.
Cidi Otieno Coalition for Constitution Implementation Kenya/Kenyan Peasants League
Rachael Mwikali Coalition for Grassroots Human Rights Defenders/Pan African Grassroots Women Liberation
Francis Sakwa Alliance for Grassroots Human Rights Defenders
Sophie Dowllar World March of Women Kenya
Gacheke Gachihi Mathare Social Justice Center
Wilfred Olal Dandora Must Change Social Movement Musa Chekai Bunge la Mwananchi Anthony Kirika Bunge la Mwananchi Kangemi
Dinah Agai BULAMWA Society Sungu OyooKenyans for Tax Justice Samuel Okello Grassroots Social Movements Kenya