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The Standard raid - reflection on executive excess PDF Print E-mail
Written by Collins Mbalo   
Friday, 16 March 2007

Kenyans, it is often pointed, out have short memory spans. It is doubtful that this be a physiological phenomenon unique to us, but the reality that we don't reflect over the lessons learnt from past tragedy, is our undoing!

A case in point is the ghastly attack carried out on the Standard Media Group by state agents a year ago. Whatever happened that night should be the subject of our continuing and ardent attention.

It was so sad to see on that day, that even in this century, a high profile cabinet minister who, instead of vilifying the event, boastfully claimed that it was warranted and its perpetrators actually deserved merit. In effect, the minister was saying that Kenyans should not bother with the rigours of the law when confronted with disputes against their neighbours.

In commemorating the event of 2nd March 2007, the Standard Group Deputy Chairman and strategy adviser Mr. Paul Melly mentioned that the attack was perpetrated by only a few individuals within the government, and that the event therefore one should not use that chance occasion to blame the government in totality or to politicize the issue.

On this point I disagree with him. One year down the line, the Narc Government has not come out to condemn the raid. No action whatsoever has been taken on the well known perpetrators of this ill. The government has not done anything to distance itself from this crime. By implication the principle of collective responsibility should call to account all in the government notwithstanding their role in the saga, if any. For government machinery was utilized on the material day; which machinery has been obtained by funds from the tax paying Kenyan.

Had those concerned acted outside their mandate and without sanction from the government, we would by now have seen criminal prosecutions mounted against all concerned. Unfortunately, that seems to be far fetched at the moment because what reigns instead is a profound disrespect for the rule of law.

Further the materials violently stolen by state agents are yet to be returned as if keeping 'evidence' without preferring a charge against the party being investigated a year down the line does not amount to a travesty of justice.

Half a year after the Kiruki Commission handed over its report to the President, even though the commission had neglected to call some key witnesses, no cogent legal action has been undertaken or anyone arrested with regard to the raid. Perhaps the perpetrators are "untouchables" and the regime is ignorant of how abhorrent such views are to morality and respect of law, especially for a nation that has grappled with human rights abuses ever since the days of the slave trade and colonialisation by imperial Britain.

Those behind the raid and their sympathizers, as is clear now, fail to appreciate the enormity of the crime that was committed on that day. What transpired on that fateful day was an intrusion of the fundamental freedoms and liberties of the Kenyan people. It was a flagrant breach and abuse of the right and freedoms so enshrined and protected by what is supposed to be the most revered law of the land - the Kenyan Constitution!

It is sad and disturbing that one of the highest ranking cabinet ministers, the very one charged with our internal security and defense could boast following the raid, that it was well deserved. If the government had qualms with the manner, style or content of media reports, it must resort to the well established legal mechanisms to curb the problem. For the government or its officials to resort to acting with violent impunity sets an ominous precedent for the conduct of dispute resolution. This really is no different than what the gun toting robbers have been doing of late- showing no respect for the sanctity of life and the private property of others.

It should forever remain in the minds of Kenyans that no individual not even any government has the right to wage wanton violence on the liberties of others no matter his or her stature. The government and its structures exist by virtue of the Constitution and the will of the Kenyan people, so for it to turn around and break it, amounts to rubbishing its own existence, an abrogation of the very social contract upon which the state is founded. He who breaks the law must account for it!


Collins Mbalo
About the author:
Collins Mbalo blogs at the Nairobian's Perspective ! where he writes on everything from economics, social and political issues in Kenya.




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But Who Will Guard the Guardia
written by Advocatus Diaboli , March 17, 2007
If the Minister for Internal Security determines a breach of security and suspends the ordinary law for the narrow purpose of addressing the breach, can you second-guess him?

Should all the laws but one (freedom of expression) be broken for the rule of law to prevail?
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Oh we ungreatful kenyans
written by Newafroguy , March 17, 2007
Yap. That right there is our just and wonderful government with very upright senior ministers who will deliver us from past problems and into the promised land.

So lucky are we that our government even invited vip investors to bring us some bling and also help us out with security matters. Despite one pumbavu Raila's attempts to derail this important government project by creating sensational and alarmist statements and refering to them as mercenaries, the government remained steadfast in its effort to avail the services of these expatriates to kenyans and even appointed them Assitant Commissioners of Police.

It was also important that they make adequate acquaintance with State House incase there be a need for authority to expedite important national matters.

These Armenian philanthropists loved our country so much that they were ready to defend our beloved government against the evil machinations of dangerous journalists. Someone needed to help finish what none other than the first lady herself had started a couple of years earlier. See, our government values the rule of law so much that even the first lady and other senior government vip guests would want to show by example how to apply it.

With a government like this, only pumbavu people can complain. If you want Kenya to achieve vision 2030, make sure you vote for this government.
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flip the coin!
written by Kamale , March 17, 2007
Have you ever wondered why the Standard has never thought of instituting legal proceedings against the government over that raid?

Even the half hearted attempt by Melly to absolve 'the rest of the government' simply refuses to wash. What the media has constantly shouted about is the intrusion of their freedom without giving reasons or suspicions of what necessitated the raid!

If you asked me, the raid was a commercial victory for the paper hence their reluctance to pursue legal redress......safe assumption?
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What has changed in a year?
written by Dan Kihote , March 17, 2007
A year ago, one of the comments issued about this armed robbery and breaking and entry incident at Standard/KTN offices went something like this:

".....These actions by Kenya police thugs amount to mercenary criminality on behalf of power hungry self seekers ensconced in that lunatic asylum also called State House. Like others I feel that the imbecile who ordered the attack on Standard has turned back the clock to the bad old days when state terror was used openly to keep dissent in check.

It would seem that the maniac's idea is to try and provoke some kind of angry reaction in the country that would give the mad men and women in State house an excuse to declare the much dreaded state of mugabe-gency. They would have sweeping powers to muzzle the press, suspend parliament and maybe extend the life of this government past the magic number 2007.

The recent articles in the citizen paper clearly show that this "presidency" is an amorphous entity made up of family, friends, enemies and acquaintances of the ailing Quibaki. The come-go, push-pull and hot-cold style of leadership clearly shows that anyone with a pulse in that asylum can go in to see the mzee in his bedroom and ask him to sign this or that order.

For now though we need to start at the crime scene to find out who was responsible for this particular criminal act. It is interesting that the officers who led the operation are known and have been named.

For the Commissioner of police to simply deny any knowledge of what his cops get up to at night is scary indeed. If that be the case he is drawing a salary for nothing. He should be the first to go...."


can we say that anything has changed?
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...
written by aeichener , March 19, 2007
The Armenians... let me share a first-hand anecdote with you. It tells you a lot about attitude and boot-licking.

There is a small gunshop right in the city centre of Nairobi. As usual in the strange entity that is called Kenya, they do not and may not display any guns however. Administrative regulations since at least a decade demand that all firearms are at all times kept in a vault (strongroom), and that only holders of a permit or certificate may even be shown a weapon.

Our two Armenian brethren at one day arrived in the shop, and pompously demanded to be shown the weaponry available. The white owner (skin colour *is* important here, as you will see) politely informed them that unfortunately, regulations would forbid him to shown them guns or to let them enter the storage room in the back.

Our two crooks of course would not take a "no" for an answer, and became forbearing and aggressive, pompously posturing and puffing. They told him that they did see no reason why they couldn't be served, that such behaviour would be to his own detriment, well-connected as they were, and that they would now enter the storage room with the owner.

Upon which he calmly but clearly stated: "Well, but YOU CAN'T!", patting with his hand against the holstered pistol that he was wearing riding high (and inconspicuously) on his left hip.

Our two crooks did immediately beat a hasty retreat and since then were not ever seen again in the shop.

Alexander
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written by collinsom92 , March 19, 2007
the artur saga was a fiction movie turned real.Is there anything to prevent Kenya being labelled a Banana Republic :?: so much for the rule of law, common decency and civility
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re: Bananas, not oranges
written by aeichener , March 19, 2007
Is there anything to prevent Kenya being labelled a Banana Republic :?:


No.

Kenya is a banana republic.

Though she could be so much more. A shame.

Alexander
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written by wtf , March 20, 2007
i think the writer here assumes that our politicians really understand the concept of division of govt.

you are assuming that with the same crop of politicians under a different constitutional order such acts would not happen. if our politician's cannot oney or adhere to current laws what makes you think they would obey and respect a 'better' constitution.

flawed as it is the current constitution has all the tools required for its reform unfortunately or politicians either don't understand it or don't know how to use it to make the necessary advances.

so yes your argument is based on a false assumption.
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written by collinsom92 , March 21, 2007
Wtf... i welcome your comment but please note the article was not on constitutional reform,nor the doctrine of separation of powers.The article aptly speaks of breaches and rubbishing of the fundamental rights and freedoms enshrined in the current constitution.As for constitutional reform that we will address in another forum...now who is assuming?
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written by wtf , March 22, 2007
yo cannot talking about executive excess n the context of kenyan politics without implicitly talking about the constitution after all this executive is a constitutional construct - isn't it. Now my response to ur article is that all this constructs, executive legislature don't mean anything since we have a government of men and not of laws - so i think if you did not intend to invoke the constitution u should have titled the article the 'standard raid - reflection on personal excess.'
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