ICC: Activist Maina Kiai fears for his life,slams state and "hate bloggers"

Maina Kiai and other activists at the press conference

Prominent Kenyan human rights activist and lawyer Maina Kiai has expressed fears for his life and that of his family saying he had received reports that a militia group wanted to burn his family homestead in Nyeri, Central Kenya. 

Kiai said he and other members of the civil society who had been at the forefront of the fight against impunity in Kenya had been subjected to “vicious attacks since March (since the March 4, General Elections), especially by politicians and the social media.”

“I have been informed by the police that a militia group calling itself the “Nyaribo Support Group” intends to burn down the family homestead and my house in Nyeri,” he told a press conference in Nairobi this afternoon.

He said the threats had resulted in heavy presence of armed police and dogs at his mother’s homestead in Nyeri for the last few days but they had refused to provide more information to him and his family why they were asking about his whereabouts and if the family felt threatened in any way. 

“I fear for the safety of everyone in this extremely intimidating environment that grips the country, fuelled by bloggers acting with impunity,” he said adding that some of the bloggers were now staff at State House “right at the heart of the Presidency.”

Kiai linked the threats to the ongoing ICC trials and blamed the bloggers for claims in the social media which indicated he was a witness at The Hague intending to testify during the trials when he was actually in Nairobi. 

The lawyer has over the past been in the news as a fighter against impunity and violation of human rights and has particularly been visible with other CSO actors in calling for the trial of those who perpetrated the post-election violence and justice to victims of the mayhem. 

The human rights activist, who was at one time the chairman of the Kenyan National Commission of Human Rights (KNCHR) termed the threats via social media and the inaction by the state to apprehend and prosecute the hate bloggers as a “dangerous and destructive approach.”

He said innocent people were being exposed as witnesses and cited the case of Rahab Muthoni Kagiri, who  lives in Eldoret but whose picture was this week posted on the internet as being the first witness against Deputy President William Ruto at The Hague. 

The woman has come out to dismiss the claims that she was the witness and said the social media posting had caused her anguish and could lead to threats against her life. The ICC trial judges have since ruled that the first witness, who is at The Hague testify in a closed session due to attempts to expose her identity and jeopardize her security.

Rahab Muthoni. Her picture was on social media

Kiai said it was unacceptable that such lies and fear on social media should be allowed to continue with the national security system unable or unwilling to arrest and charge the bloggers.

He said it was neither treasonable nor criminal to provide to the ICC adding that under the Kenyan constitution, the Court was part of the country’s judicial system. 

He termed the witnesses at the ICC “truly brace heroes for their nation and justice and that it was “a mark of the highest courage and patriotism for anyone to give evidence in the fight against                impunity.” 

He said there was concern that many activists and their families were being threatened, harassed and hounded for exercising their fundamental rights to expression, association and assembly. 

Kiai said any attempt to criminalize peaceful dissent was an affront to the constitution and could return Kenya to the police state it was in the 1980s. Under the then Kanu regime at the time, many activists were arrested and detained under inhuman conditions and some died or killed mysteriously.

The activist said it was surprising that some of the hate bloggers should have been hired and allowed to lead the attacks against human rights activists from State House without any restraint adding that the president would be to blame if Kiai and other activists or their families were harmed in any way.

During the press conference, Kiai was accompanied by other human rights activists who included former anti-corruption official in the government of former President Mwai Kibaki John Githongo, Davinder Lamba and Ndungu Wainaina among others. 

Maina Kiai, (left)with a colleague at the press conference

Police in Kenya have denied camping at Kiai's home in Nyeri and denied knowledge of any threats to the lawyer's life. The Inspector General David Kimayio ordered Kiai to report his fears to Criminal Investigations Headquarters but also faulted him for "dragging" the Presidency into the matter.

Kiai’s claims comes at a time when the Office of the Prosecutor at The Hague led by the Prosecutor Fatou Bensouda has repeatedly expressed concern that many witnesses had been intimidated, forced or paid to withdraw while in some had been killed.

A number of Kenyan politicians and supporters of President Kenyatta and his Deputy Ruto have expressed happiness over the reported witness withdrawal arguing this will weaken the cases against the two leaders leading to the collapse of the cases. 

There have also been calls from some quarters in Kenya and outside, notably from China and some African Countries for the ICC to stop the trials arguing the Court was political, only targeted African leaders or sought to undermine Kenya’s national sovereignty.

In Kenya, the anti-ICC lobbyists have claimed that the rival communities and victims of the post-election violence had reconciled, “moved on” or just did not want their “popularly elected leaders” tried. However there has been mixed reaction over the trials with other Kenyans including opposition politicians, human rights activists, a section of the clergy and lawyers for the victims opposing the move against ICC saying it would further entrench impunity and deny the victims justice. 

Lawmakers from the ruling Jubilee Coalition in both the National Assembly and the  Senate have used their dominant numbers to push through a motion seeking to pull Kenya out of the Rome Statute that created the ICC.

Opposition legislators from the Cord Coalition opposed the vote against the ICC and walked out of the two chambers during voting, leaving their Jubilee counterparts to carry the day.

Reports indicate that there are now moves to bring a Bill to the National Assembly to initiate the process of Kenya’s withdrawal from the Rome Statute, which will culminate in petitioning the UN Security Council to allow the withdrawal.

The process can legally and procedurally only take effect after twelve months, in the event that the UN Security Council allows the withdrawal. 

The ICC has indicated that no external interventions, at the Kenya, level, African Union and even at the UN will affect the judicial process of trying the three Kenyan suspects who include the President, his Deputy and former radio presenter Joshua Arap Sang’.

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