Police target media over Westgate reportage

Good People!!!

 

Freedom of speech, association and communication is under siege against the public mandate referendum Reform Change Accord how they wish to be Governed. It looks like special interest corrupt politicians want to silence people from demanding for their rights…………..and this is against not what the people demanded at the Referendum. This behavior is contravening the freedom and suppressing transparency and accountability from public servants who have failed to do their work according to their oath of office…………to protect, deliver and safeguard the core value of how people want their Government facility to operate and deliver services to people with fundamentals that the Security must restructure and overhaul to bring on board Responsible Leaders with integrity to avoid what happened in 2007/8 election gone bad and where massacre, genocide and atrocities committed were masterminded by suspects of those inscribed in the police force to do the unthinkable…….in the event, peoples security was compromised; which was top of the agenda for Reform was Administering Police overhaul urgently, which has not happened to-date.

People want complete healing not a bandage to cushion a chronic sore on peoples governance with just rule of law. Negative comments from senior police and political leadership is causing disharmony in the minds of people and people must demand for apology for such inflammatory injustices meant to shut people from engaging in their own business of good governance……………this behavior is unacceptable……..

All People must go firmly in solidarity with Mohamed Ali and John Allan to protest and demand what is called jeopardy of public insecurity and safety and demand for Media freedom, good governance with just rule of law including holding Kimaiyo responsible and force him to step down for further investigation for Wastgate attack with relation to connection of Al-shabaab in Uganda.

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

Police target media over Westgate reportage

http://www.youtube.com/watch?v=Nrz_ISUYE1s

In a bizarre twist, government has now trained its guns on the media coverage of the Westgate terror attack with Inspector General of Police David Kimaiyo saying KTN journalists John Allan Namu and Mohamed Ali will be arrested for incitement and spreading propaganda.

 

Published on Oct 23, 2013

In a bizarre twist, government has now trained its guns on the media coverage of the Westgate terror attack with Inspector General of Police David Kimaiyo saying KTN journalists John Allan Namu and Mohamed Ali will be arrested for incitement and spreading propaganda. But as NTV's Andrew Ochieng reports, Kimaiyo may have jumped the gun, as regulations require him to direct complaints to the Media Council Of Kenya.

Police Inspector General asked to channel grievances through Media Council

http://www.youtube.com/watch?v=fmZjhYqLA64

Published on Oct 25, 2013

The Media Council of Kenya has asked police inspector general David Kimaiyo to channel any grievances he harbors against any media practitioner or media house through the council. The council says the police Inspector General was wrong to summon KTN journalists over the Westgate attack without following due process.
For more news visit http://www.ntv.co.ke

Baragoi residents living in makeshift camps out of fear

http://www.youtube.com/watch?v=Utjf9ekGV_4

Published on Oct 25, 2013

A large number of Baragoi residents are living in makeshift tents following recent attacks in the area. Cattle rustling has become the plague of Baragoi. For long Baragoi residents have had to endure criminal activities linked to cattle rustling that has led to the lose of lives and displacement.
For more news visit http://www.ntv.co.ke

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----- Forwarded Message -----
From: Mwema Felix
To: Mailing List
Sent: Thursday, October 24, 2013 8:57 AM
Subject: [Mabadiliko] Nini kimemsibu @MohaJichoPevu ?

@MohaJichoPevu: Walipwa shilingi mbili kuniita alshabab. Tuone basi watakulipa mpaka lini. Hamna urafiki utatumiwa ukijaribu kuziba shimo la panya kwa mkate

@mohajichopevu: Roho chafu zioshwe kwa bafu

 

----- Forwarded Message -----
From: OS
To: "progressive-kenyans@googlegroups.com"
Sent: Thursday, October 24, 2013 7:24 AM
Subject: Re: [PK] IG KIMAIYO: ARREST JICHO PEVU TEAM.

Weli,

This is intimidation that the journalists should not cower to.

OS.

 

On Thursday, October 24, 2013 2:20 PM, Jagem K'Onyiego wrote:

Weli,

We do not agree on many things, but on this one I agree with you. Since Stage managed attack and rescue, at westgate, Kimaiyo has been looking like someone with no clue at all on what goes on in Kenya. I am surprised that he is coming out now issuing threats to reporters. I think he has been told by Kamwana to silence the press. Hakuna kitu ingine.

Jagem

----- Forwarded Message -----
From: Maurice Oduor
To: Progressive Kenyans
Cc: "wanakenya@googlegroups.com"
Sent: Thursday, October 24, 2013 6:16 AM
Subject: Re: [PK] IG KIMAIYO: ARREST JICHO PEVU TEAM.

Welcome to Kenya Abdi. That is Kenyans for you. Akina Asman Kamara will insist on denying what everyone can see on video from the CCTV. They will insist on denying it until the issue dies off. That is how Kenyans behave in nature. It's one of the things I really hate about our people. One may know the truth about a situation but because he/she has decided to support one side, he/she will defend that side to the death even if it is the offending side.

In Luo we say, "Jo Kenya richo" (Kenyans are bad).

Courage

----- Forwarded Message -----
From: Mburi Eric
To: Progresive Kenyan
Sent: Thursday, October 24, 2013 4:06 AM
Subject: RE: [PK] IG KIMAIYO: ARREST JICHO PEVU TEAM.

Lailatu,

And I wonder why Kimaiyo thinks he is law unto himself and can not be subjected to the law per-Se

Nyakwar Mburi

Date: Thu, 24 Oct 2013 01:57:33 -0700
Subject: Re: [PK] IG KIMAIYO: ARREST JICHO PEVU TEAM.
From: lailatuatiende@gmail.com
To: progressive-kenyans@googlegroups.com

Mohamed /Mburi,

I concur with both of you on this one. KIMAIYO should show some
transparency to Kenyans. By demanding the arrest of the Jicho Pevu
team lacks lucidity.

----- Forwarded Message -----
From: Mburi Eric
To: Progresive Kenyan
Sent: Thursday, October 24, 2013 2:08 AM
Subject: RE: [PK] IG KIMAIYO: ARREST JICHO PEVU TEAM.

Its actually Kimaiyo who should be arrested

Nyakwar Mburi

On Thu, Oct 24, 2013 at 2:33 AM, Mohamedweli Abdi <manderaeast@gmail.com> wrote:

Inspector General wants Jicho pevu team Mohamed Ali and John Allen Namu be arrested.
Is this for diversion of attention from the incompetence of our security agencies and terrorist attack, or this two guys are threat to our national security.
Please Mr IG, all they did is do their kob unlike you and your team. Your boys let you down looting Kenyans in their worst hours.
Arrest the real looters and the terrorist not Ali and Namu.
Shame on you.

Mohamed

 

 

==============================

 

Kenya Correspondents Association rubbishes Kimaiyo’s threat on journalists

Updated Friday, October 25th 2013 at 17:31 GMT +3
 

By Eunice Kavutha
Media associations in the country continue to express their dissatisfaction with the recent move by Inspector General David Kimaiyo to summon KTN investigative journalists John-Allan Namu and Mohammed Ali.

The summon follows their story aired on KTN on the Westgate Mall looting by army officers.
Kenya Correspondents Association Friday termed the action as an attempt to deflect attention from the credibility issues facing the security forces over their handling of the mall terror attack.
“The journalists have done their duty to the nation and the world, by providing information about what happened and the police should stop any attempt to intimidate them through summons or calls for their arrest under whatever pretext,” said KCA Chairman William Oloo Janak.
On 21 September 2013, unidentified gunmen attacked the upscale Westgate Mall in Nairobi. The attack, which lasted until 24 September, resulted in at least 72 deaths, including 61 civilians, 6 Kenyan soldiers.
Kimaiyo threatened the journalists with arrest after they reported on looting and disarray among security forces during the rescue mission.



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Outrage as Police summon Standard boss, KTN reporters over Westgate

October 25

00:352013

by In2EastAfrica Reporter

In what could be the first assault on media freedom under the Jubilee government, police have targeted the Standard Group over a report aired on television station KTN.

Hooded gunmen raided Westgate Mall last month, killing 67 people and wounding several others according to official reports

Police are seeking the Groups Chief Executive Sam Shollei and two KTN journalists, Mohammed Ali and John-Allan Namu, over the investigative report on the Westgate Mall terrorist attack.

Police delivered summons to the Standard Group Centre on Mombasa Road on Thursday, requiring the three to present themselves to Kilimani Police Stationon Friday.

Head of Kilimani CID George Ojuka said police had wanted the three to appear before them on Thursday but were informed that Mr Shollei was out of town.

Police summons signed by Mr Ojuka addressed to Mr Shollei and copied to the two journalists compel the trio to report to him this morning to answer to charges of ‘unlawful sending of misleading messages’.

The misleading messages apparently refer to an investigative series run on KTN titled ‘Zilizala la Westgate’ and ‘Wolves at Westgate’.

Ojuka alleges that the series, which offered insights into events at the mall after the Al-Shabaab gunmen struck, was not factual. The journalists relied on CCTV footage that captured events inside the mall during the siege and which had been widely broadcast both locally and internationally.

“I do require you Sham (sic) Shollei to attend before me George Ojuka, the DCIO Kilimani at Kilimani CID offices situated at Kilimani Police Division, Nairobi, on Friday the 25th day of October at 0900 hours,” read the summons.

SLIPPED OUT

The officer warns that, ‘failure to comply with this requisition comprises an offence.’

The investigative series raised questions about official accounts of events during the Westgate siege. The footage at one point showed the four gunmen looking relaxed in a section of the mall before one moves the CCTV cameras. Questions were raised about whether they slipped out of the mall unnoticed. More contentious footage shows soldiers carrying white plastic bags. Authorities have explained that the soldiers had taken bottles of water to quench their thirst. Questions were also raised about the cause of the extensive damage to the building after three floors collapsed.

Police said they have launched investigations into the source of the Westgate Mall footage that showed soldiers carrying items from Nakumatt Supermarket.

Nakumatt boss Atul Shah was summoned by police investigating the incident on Tuesday, and appeared before detectives at the Kilimani CID offices for about an hour.

Yesterday’s police action against the Standard Group came a day after Inspector-General of Police David Kimaiyo threatened the two journalists with arrest.

It also comes just a week after High Court Judge Mumbi Ngugi ruled as illegal the State-sponsored 2006 raid on the media groupâs offices and awarded it Sh5 million as compensation.

HOODED GUNMEN

In the raid, hooded gunmen set upon staff, switched KTN off, carted away equipment and burnt copies of The Standard newspaper that was rolling off the press at its Likoni Road premises.

The Internal Security minister at the time, John Michuki (since deceased), alleged that the media house was about to disseminate information that would have undermined ânational securityâ.

On Wednesday, Kimaiyo seemed to be reading from the same script claiming that the journalists were not patriotic in the manner in which they covered the Westgate issue, and accused them of incitement and propaganda. On Thursday, the Standard Group legal team sought confirmation from the police chief about the identities of individuals who had sent text messages summoning the two for interrogation.

The Groupâs lawyers protested the action noting that, âsummons by text messages is not one of the methods contemplated under the law.â

The action by the police sparked outrage from rights groups, including a state rights watchdog, media practitioners and political leaders, who condemned the harassment of journalists and termed it a breach of media freedom.

The Media Council of Kenya (MCK), the industryâs regulatory authority, said it was aggrieved byKimaiyo’s threats of arrest and prosecution, saying there were proper channels to address grievances by any party regarding journalistic work.

Harun Mwangi, the chief executive of MCK, said during and after the Westgate attack, the media did an excellent job of informing the country about the national tragedy.

“The journalists have not committed any criminal offences; Kimaiyo’s complaints border on the impact that the coverage generated,” said Mwangi. “We would expect him to present his complaint to the council if he needs any recourse, but we cannot entertain intimidation and curtailing of media freedoms.”

Tom Rhodes, the regional co-ordinator of the Committee for Protection of Journalists, said Kimaiyo and the state are trying to prevent the media from reporting on issues that affect everyone, such as security.

“We find it absolutely ridiculous that the journalists would be investigated. Why doesn’t the report focus on probing the attack rather than the messengers?” Rhodes posed.

He added that the country would be far worse without an independent media.

Media practitioners are protected by law under Article 34, which prohibits the state from âcontrolling or interfering with, exercising control over or interfering with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium.

By MOSES MICHIRA and CYRUS OMBATI, The Standard

 

 

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MATHIU: Why Kimaiyo left Kenyans baffled over his threat to arrest journalists

Thursday, October 24, 2013

 

PHOTO | FILE IGP David Kimaiyo. NATION

In Summary

• Inspector-General of Police David Kimaiyo has hoisted himself into a similar position and he seems to leak public goodwill every time he offers his views in the media.
• Specifically, Mr Kimaiyo warned that he was going to arrest two journalists for “provoking propaganda”, whatever the hell that is, and inciting the people against the authorities.
• All that nonsense about matresses and carrying of water in Nakumatt bags has convinced no one. The mall was systematically looted. Instead of confronting the indiscipline in our forces, the authorities have chosen to beat up on reporters. This is beyond belief.

By Mutuma MathiuMore by this Author

There was a time my brother, Meru Senator Kiraitu Murungi was often in the news for all the wrong, controversial reasons. Wags characterised him, poor man, as a politician who lost votes every time he opened his mouth.

Inspector-General of Police David Kimaiyo has hoisted himself into a similar position and he seems to leak public goodwill every time he offers his views in the media.

I remember watching a catastrophic interview on NTV and thinking “Dear Lord, why did they let this one out?” For Mr Kimaiyo, bless him, is not the most eloquent of men.

But it is his press conference on Wednesday which really exposed him as a man who, though he has spent some time around universities, has not modernised his views about society and rights. He also has a 1990s concept of the power of government.

Specifically, Mr Kimaiyo warned that he was going to arrest two journalists for “provoking propaganda”, whatever the hell that is, and inciting the people against the authorities.

When governments are new in office, they will always do that kind of nonsense. In 2003, the CID arrested the entire leadership of The Standard. I was also invited by the director of CID at the time “for a cup of tea” at his office which I declined and was off radar for a while.

Many attempts have been made to write laws that would allow the government to control the Kenyan press, one of the freest in the Third World. Politicians, because they are mainly self-absorbed and thick, always think the country would be better off with a muzzled press.

FREE PRESS

So let me tell it to you: the government does not own the freedoms of the people. They are not its property to give. Our right to a free press is not a gift from the President, the Inspector-General of Police, Parliament or indeed any other person or organ.

They belong to the people and can only be limited when there is manifest general good to be achieved by so doing.

Also, I don’t think it is going to be possible for anyone to roll back the gains we have made so far and for banana-republic theories of some bureaucrat to have sway in the media. It’s just not going to happen.

Now, going back to the arrest threat. Kenyans know that something went terribly with the rescue mission. They know that the calling in of the military was either premature or ill-advised and that had the SWAT team been allowed more time, they would have rescued everyone, including the VIPs in there, contained the terrorists, and preserved the scene of crime.

Secondly, they already believe that the military behaved in a most disgraceful fashion, looting and feasting as the nation grieved.

Thirdly, they are royally pissed off at being lied to by the military and Internal Security Cabinet secretary, the hapless Mr Joseph ole Lenku.

All that nonsense about matresses and carrying of water in Nakumatt bags has convinced no one. The mall was systematically looted. Instead of confronting the indiscipline in our forces, the authorities have chosen to beat up on reporters. This is beyond belief.

Finally, through no fault of his own, Kenyans believe Mr Kimaiyo was not in charge of the rescue operation. He couldn’t have been: it was a military operation and the military does not take orders from the police.

Mr Kimaiyo is not employed to break the law, although the Kenya police are some of the leading law breakers. He is employed to enforce it, including the laws protecting the freedoms of Kenyans. If he tries to do anything contrary, he will lose, if he already hasn’t.

* * *

I want to wish the best of luck to all those candidates who are sitting their exams this season. I know my views about education and managing behaviour are boring; they are copied from my headmaster, the late Stanley Ndeke.

Mr Ndeke believed in science. You needed his express permission to take the arts. He used to say that good, well-behaved boys don’t walk, they run. So I spent part of my childhood running everywhere.

From him I learnt the value of hard work and discipline, the importance of intellectual rigour and discipline and the centrality of learning to human progress.

So yes, all that reading is a pain but you and the world probably couldn’t exist without it. Good luck.

===================================

Westgate: Kimaiyo now threatens journalists

Wednesday, October 23, 2013

In Summary

• He accused the journalists of “provoking propaganda” and inciting Kenyans against the authorities with investigative stories which exposed command confusion during the operation which saw at least one police officer shot and killed by the Kenya Defence Forces.

By ZADOCK ANGIRAMore by this Author

Police boss David Kimaiyo on Wednesday announced that journalists will be arrested and prosecuted over their coverage of the Westgate rescue operation.

He accused the journalists of “provoking propaganda” and inciting Kenyans against the authorities with investigative stories which exposed command confusion during the operation which saw at least one police officer shot and killed by the Kenya Defence Forces.

Journalists, both local and international, have also reported the apparent looting of the shopping mall by the KDF. The military however told Parliament that the soldiers were carrying water in the shopping bags and not looted goods. (VIDEO: Military: KDF soldiers carried water from Westgate)

The Inspector-General’s announcement is the latest in a sustained assault on press freedom in Kenya in recent months, which has seen the tabling in Parliament of bills giving government control over media operations.

Mr Kimaiyo said investigative journalists from KTN are among those to be arrested.

He appeared to take umbrage at the insinuation that he was relieved of command during the operation against terrorists who massacred nearly 70 shoppers at the mall located in Westlands.

At the time, President Uhuru Kenyatta announced that Mr Kimaiyo remained in charge of the operation.

However, from around 5pm on Saturday September 21 until the end of the siege four days later, the operation was controlled by the military. KDF does not take orders from the police.

Mr Kimaiyo’s decision to muzzle the press flies in the face of the constitution which prohibits the government from interfering with the media.

Mr Kimaiyo has not filed a complaint with the Media Council of Kenya, the normal procedure for dealing with cases where journalists are involved in unethical conduct.

At the press conference on Wednesday, Mr Kimaiyo said the journalists had “overstepped” press freedom apparently by reporting the command chaos and looting during the operation.

“You cannot provoke propaganda and incite Kenyans against the authorities. The two journalists will be apprehended,” explained Mr Kimaiyo.

In Parliament, Majority Leader Aden Duale has published a Bill which gives the cabinet secretary for communication immense powers over the Media Council, which regulates the media.

The cabinet secretary has, among others powers, the right to dissolve the current Media Council and then constitute the selection panel that will interview and nominate members to form part of the new council.

At Wednesday’s press conference, Mr Kimaiyo denied that British terrorist Samantha Lewthwaite was involved in the Westgate attack.

Ms Lewthwaite is a high ranking and dangerous member of al Shabaab who has explicably been allowed to live and move freely in Kenya until relatively recently.

In one egregious act of police incompetence, officers bizarrely did not take Ms Lewthwaite into custody even though they found her with stacks of foreign currency and forged papers.

Mr Kimaiyo said yesterday that eight of what he claimed to be chief suspects will be charged.

Police arrested more than 100 suspects after the attack, almost all of whom were innocent.

He said detectives were looking for more suspects who may have played smaller roles in the attack.

But even as he made the announcements, it was still not clear how many terrorists took part in the attack and what eventually happened to them.

There have been claims that some were killed, but no bodies were ever produced. The government said there were between 10 and 15 attackers. CCTV footage showed only four.

There are suspicions that four bodies recently found in the ruins of the mall were terrorists, but that is still to be proved.

Explaining the command chaos in the operation, Mr Kimaiyo claimed that he was consulted about the rescue mission.

“It was a joint effort, and we clearly agreed on how to conduct it,” Mr Kimaiyo claimed.

Turning his guns on the media, the Inspector-General said: “We know very well that every person or organisation has the right to freedom of expression, but this freedom does not extend to advocacy of hatred or propaganda. Again, in the exercise of such rights, people should respect the reputation and rights of others.”

Mr Kimaiyo has had a slow start on the job, characterised by widely publicised fights with Police Service Commission boss Johnston Kavuludi.

Mr Kavuludi was involved in a dramatic incident earlier in the year when a human head was delivered to his office.