New African February 1988
Mrs Margaret Thatcher and President Moi both needed each other’s mutual support when she made her recent visit. She sipped tea and tasted Kenyan hospitality but closed her eyes and ears to a whole range of nagging problems that are gnawing at the Kenyan body politic. Gerry O’Kane reports.
Mrs Thatcher’s trip to Kenya produced no surprises — not that many were expected. It was a case of you slap my back, I’ll slap yours.
For both Mrs Thatcher and President Moi there was something to be gained from being especially diplomatic. President Moi wouldn’t embarrass the British premier by an uncompromising demand that sanctions should be imposed on South Africa and Mrs Thatcher turned a blind eye to Kenya’s recent political record, including human rights abuses.
On the positive side Mrs Thatcher likes to hold Kenya up to the other black African states and say ‘Look what a success capitalism and democracy is’. She also believes Moi is a loyal guardian of the $1 billion of British investments and the naval facilities the UK can use on the Indian Ocean. The Kenyan leader is pleased because his own image is enhanced - Moi, the world statesman. Kenya is also the biggest recipient of British oversees African aid.
No one really expected Mrs Thatcher to publicly tackle President Moi, indeed some claim that her visit had a calming effect before she arrived. The Uganda/Kenya border dispute quietened just as quickly as it had started. Mid-December saw shots swapped across the frontier at Busia with each side blaming the other for military incursions into their territory or the drunken ransacking of their property by opposing military personnel.
The death toll varied from side to side and day to day but anywhere from 16 to 30 people died, mostly civilians. Both sides had approximately 2,000 troops facing each other, with Ugandan soldiers digging trenches in anticipation of a Kenyan attack.
By the time President Museveni sat down and talked the problem out, Kenya had expelled Uganda’s High Commissioner and his deputy. They met at the border town of Malaba three days after Christmas. Moi agreed to help Uganda in exporting its coffee and importing its fuel, while Uganda agreed to disassemble its anti-aircraft guns and artillery, recently put in place. Both sides pulled their troops back.
The most positive statement came from Kampala radio, which commented “We are confident that the spirit the leaders of our two countries have demonstrated will guide us in working out permanent solutions to all our problems.” The Kenyans on the other hand have treated the breakthrough with some coolness, perhaps indicating it might have been done to make Mrs Thatcher’s passage easier.
Similarly the release of three detainees in December was thought to have been done to ward off the brunt of criticism of Kenya’s recent human rights record.
Kuria’s release
One of the three was Gibson Kamau Kuria, a well-known Kenyan lawyer. He disappeared sometime in February, soon after he gave notice of intending to sue the state on behalf of three clients detained under the Preservation of Security Act. Although partners in his law firm applied for habeus corpus for Kuria, he, like the clients he had been representing and dozens of other political detainees, was not produced in court on the grounds that the detention order was made the day after the application for habeus corpus. This was despite the fact that he had disappeared for several weeks before the application for habeus corpus. Kuria was detained on the grounds that he was involved with the undergound dissident movement Mwakenya but others believe it was because he was prepared to defend political detainees as part of his professional obligation. Kuria’s case was interesting because it was a text book example of how the detentions of suspected political opponents operate and their treatment in detention. On his release he made public statements accusing his interrogators of torture. He was held for most of the time at Special Branch’s headquarters in Nyayo House - a mere several hundred yards from State House where Mrs Thatcher and President Moi met.
The Special Branch, which reports to the President’s Office not the Commissioner of Police, has been accused by both Amnesty international and Kuria of beating prisoners.
One of the principle methods of torture seems to be the ’swimming pool’. Prisoners’ basement cells are filled with two inches of water for several days. Occasionally the prisoners are sprayed with high powered jet hoses. Frequently the skin peels during this time causing blistering and open, infectious wounds. Some victims develop bronchitis and pneumonia.
The objective of the torture on detainees is to get them to plead guilty to political offences such as belonging to the shadowy left-wing group known as Mwakenya. Amnesty has detailed over 75 prisoners who have pleaded guilty to political offences, most of whom spent time in Special Branch detention. The guilty pleas highlight how the Kenyan judicial system has been compromised. The detainees who plead guilty in court rarely mention torture - they later claim they have been warned not to. Some have asked the judge to allow them medical treatment. Many have appealed their cases on the basis that their confessions had been under duress but these fail since no such claim was made at their original trial.
Most of the cases have been seen at unusual times before magistrate Mr H. H. Buch, who has ignored the curious fact that medical attention is so frequently requested.
The independence of the judiciary has been called into question on several other occasions. Lawyers claim that police officers and security personnel are now allowed in judges’ chambers when the defence and prosecution advocates are consulting with the judge. Following a series of curious legal precedents surrounding the case of farmer Stephen Karanja, who was shot dead while in police custody, Mr Justice Derek Schofield who originally ordered the police to produce the body, resigned from the bar.
The issue of Mwakenya is thought to be one of the major catalysts in many of the more recent restrictions. While no leaders of the group are known, nor how many members it has, President Moi has reacted to it with paranoia. Seen as mainly a Kikuyu tribal group, although there is little to substantiate this, Moi is worried it may become the new Man Mau. As the largest tribe he is afraid that Kikuyu discontent, especially over land issues, may rise to the surface and threaten his power.
Scapegoats needed
The problem also comes at a time when he announced that a deficit in Kenya’s balance of trade is expected to last for the next three years. As a result President Moi is hunting for scapegoats to account for the bad economy - the unpatriotic and secret opposition and heading of international criticism from the press and Amnesty.
The domestic press has always been wary of becoming too sensitive and practises a form of self-censorship. This has become worse with government informers working within newsrooms and warning the President’s Office of stories likely to cause embarrassment. Moi himself has called the chairman of the Nation newspapers to pull out a front page story concerning the then foreign minister Elijah Mwangale.
Similarly none of the domestic press printed the open letter to the President from Oginga Odinga, a former vice-president and socialist, who wrote “public debate on national issues and policies have been stifled and genuine constructive criticism of government and party policies is treated as sedition or treasonable offence”. Instead statements criticising Odinga on certain sections of the previously unmentioned document appeared later.
The Kenyan press has all but discontinued its reporting of Mwakenya trials and claims of illegal detentions following a government suggestion that they turn their attention to other matters. It became obvious it was a good idea following the detention of Paul Amina a Kenyan court reporter, who had frequently reported on these cases for both the Kenyan Standard and Reuters. Instead its attention has turned to government ’sanctioned’ stories reporting on the bias of the western press, particularly the BBC and Voice of America. Foreign journalists have been warned not to abuse the hospitality of Kenya. In a series of actions which correspondents describe as intimidation, new rules have been introduced governing the application for accreditation. Some of the prerequisites are impossible to fulfil — for example, neither the US nor Soviet journalists have their careers in their passports and under the new regulations are theoretically not entitled to accreditation.
Public indignation over the foreign press has increased as well. Letters appear in the papers demanding that foreign reporters should have their movements restricted as has already been done to Swedish and Norwegian journalists who must outline where they want to go, and why, before entering the country. Two such letters about journalists appeared on October 19 in the Standard, however neither the phone book nor the PO box directory had anybody of the same names or addresses.
Many of the journalists argue that they have suffered other forms of intimidation too. Some claim their post has been interfered with, others say that it is increasingly difficult to follow up stories.
One Ugandan refugee under the protection if UNHCR, said that he was detained on July 25 by Special Branch. He was picked up immediately after talking to Voice of America and AP stringer Colin Clark, an Australian diplomat and an American businessman, Alan Shick. Originally held at Nyati House and moved from police station to police station, Zachary Ochieng, claims he was tortured and only questioned about the connection he had with Clark. He was released four weeks later. Government officials say he was picked up as a suspect for a theft. Coincidentally Alan Shick was questioned by Special Branch two nights before he was brutally murdered in his home.
Most of the recent developments in Kenyan political life are seen as providing the President with scapegoats. Amnesty International is, for example, labelled as being South African to discredit its detailed reports of torture. Similarly the prosecution of Asians for failing to repatriate currency to Kenya provides a focus for the population’s increasing discontent over the economy.
Thatcher, President Moi, Kenya, human rights