REPORT ON THE BUNGE LA MWANANCHI PROCESSION HELD ON 31ST MAY, 2008 AND THE SUBSEQUENT CLOSURE OF JEEVANJEE GARDENS

On 2nd April 2008, Bunge La Mwananchi through its network and Starehe Social Movement notified the officers in charge of Central Police Station, Pangani Police Station and Huruma Police Station of their intention to hold a peaceful procession on 31st May, 2008 starting from Jeevanjee Gardens Park to Huruma Sports Ground. The procession was to protest the unchecked escalating food prices and demand Government intervention. The officers commanding the above mentioned police stations received the notification and in this regard signed our delivery book (a copy of the relevant page is annexed hereto as appendix I), promising to offer security on the day of the procession.

On 31st May, 2008 members of Bunge La Mwananchi and Starehe Social Movement began to converge at Jeevanjee Gardens at 9.00 a.m. At 10.00 a.m. the procession kicked off from Jeevanjee Gardens along Muindi Mbingu Street and on to Kimathi Street . As the procession proceeded to Nation Centre, the OCPD Mr Tito Kilonzi intercepted the procession and demanded the notification letter to the police of the procession. The copy of the notification letter was promptly provided but rather than read it, the OCPD proceeded to order his officers to lob tear gas into the crowd of about 1000 in an attempt to scuttle the procession.

In the ensuing confusion as people ran for cover, Mr Jacob Odipo and Mr Gacheke Gachihi were arrested and driven to Central Police Station. Subsequently, an additional three members of Bunge La Mwananchi (Ms. Hellen Ayugi, Mr Frederick Odhiambo and Mr Stephen Gitau) were arrested next to Teachers' Service Commission (TSC) building as they made their way back to Jeevanjee Gardens our usual meeting place.

Members of the two organizations later re-grouped at the Globe Cinema Roundabout and resolved to proceed with the procession as planned, to Huruma Sports Ground. Upon arriving at Huruma near the Redeemed Gospel Chrurch, police officers from the Huruma Police Post descended on the crowd once again with tear gas. Mr David Mulwa was arrested in the melee and detained at the Huruma Police Post later transferred to Kasarani police station where he was released after 3 days with no preferred charges.

After the procession which culminated in a disrupted rally at Huruma Sports Ground, members of Bunge La Mwananchi proceeded to the Central Police Station to follow up on their arrested colleagues. During this visit, Mr Samson Ojiayo was arrested in suspicion that he is a member of Bunge la Mwananchi and booked at the Central Police Station. The Officer in Charge of the Station refused to speak with the Bunge La Mwananchi members and instead sent a junior officer to inform the members that the arrested persons would be arraigned in court on 3rd June, 2008.

On 2nd June 2008, the Public relation officer tells Mr. George Nyongesa that "there is no way the government is going to allow you to organize and incite people against it". He adds that your group will be fought using necessary force.

On 3rd June, 2008 the six detained at Central Police Station were produced before the court and charged with taking part in an unlawful assembly (please refer to appendix II annexed to this report). The six denied the charges and were released on a cash bail of K.Shs. 10,000/= each. Before payment of the bail, there was drama for over 3 hours for alleged missing file of the accused. The file later resurfaces at 645pm and we manage to secure bail for the six. The mention dated was set for 17th June, 2008 and the hearing date for 30th July, 2008.

On 4th June, 2008, George Nyongesa visits Jevanjee Garden Park, while he is talking to a journalist from Simba FM radio; they spot a suspicious persons looking at them, so they decide to different location and immediately they start walking an unidentified man shows up and asks " if you were going like that way why have you been standing here all this time". Mr. Nyongesa and the Journalist ignore and walk on.

On the same 3rd June, 2008, several police officers were dispatched and stationed at Jeevanjee Gardens Park where Bunge La Mwananchi usually holds their meetings. That day Mr Hassan Indusa was arrested as he entered the park and taken to the Central Police Station. Mr Indusa was released on 4th June, 2008 without being arraigned in court. He was given firm instructions to inform his colleagues that Jeevanjee Gardens were out of bounds. On 5th June, 2008, Mr Mulwa was released from the Kasarani Police Station without any charges having been preferred against him.

On 5th June 2008, Bunge la Mwananchi hires Professional Centre to hold its meeting, the meeting starts at 2pm, after 30 minutes the OCS central police station is spotted in the building in company of plain clothed police.

On 8th June, 2008 Mr Jacob Odipo a resident of Shauri Moyo was ordered by the Officer in Charge of Station of Shauri Moyo Police Station to move out of Shauri Moyo (Tongore Area) along with other colleagues who also live in that estate at alleged incitement of the public.

On 12th June, 2008 the two police officers who have been stationed there on a rotational basis since the date of the procession, accused Mr Samson Ojiayo of being the chairman of Bunge La Mwananchi and ordered him to have his colleague leave Jeevanjee Gardens parked immediately. On 13th June, 2008, when the police at Jeevanjee Gardens found Mr Ojiayo in the company of two colleagues at Jeevanjee Gardens they threatened to arrest them all. After a short exchange between them, the police called for reinforcements. An officer in plainclothes arrived at the park and ominously threatened Mr Ojiayo to follow instructions, failure to which he risked his body being found on the streets just as those of Mungiki (an outlawed group). The man left a mystified Mr Ojiayo without saying much else. The deputy OCPD later arrived in the company of two junior officers and informed Mr Ojiayo that Bunge La Mwananchi members were barred from Jeevanjee Gardens and whoever would defy the officers would "disappear" since the Government is not ready to entertain nonsense. On 14th June, 2008, a journalist from Nation who was interviewing Salim Nganga at Jevanjee Gardens is forced to flee by plain clothed officers to finish the interview at Nation centre.

On 15th June, 2008, a police officer not uniformed tells Salim Nganga the list of Bunge la Mwananchi members wanted by the police. He lists the following as top 5: Gacheke Gachihi, Keli Musyoka, Samson Ojiayo, Salim Nganga and George Nyongesa and ten others.

On 15th June, 2008 at night, Helen Ayugi receives a phone call from unknown person warning her to quit activism for her own life and for her to continue with her education.

On 16th June, 2008 two plain-clothed officers stopped Mr Odipo outside the Ambassadeur Hotel and inspected the bag he was carrying. The found Bunge la Mwananchi campaign T-shirts bearing the words "Unga for 30/=" (which is our campaign against social imbalance rallying call) which they proceeded to confiscate and order him on his way.

On 17th June, 2008, Patrick Kamotho a member of Bunge la Mwananchi is arrested and kept at Railway Station while on his way to court for participating in illegal assembly. He is released the following day at 7.00am.

On 17th June, 2008 the six previously charged for unlawful assembly proceeded to court for the mention of their case only to find that their file could not be traced and their case not included on the cause list for the day. They were advised by the Registry's Chief Executive Officer to return on the hearing date – 30th July, 2008. On the same day, at about 1.30 pm, Mr Solomon Ndunda a member of Bunge la Mwananchi was arrested at Jeevanjee Gardens and taken to the Central Police Station where he was booked for participating in an unlawful assembly. After Bunge La Mwananchi members' efforts at the station, Mr Ndunda was released at 8.00 pm on the same day. Since 31st May, 2008 the police force has made it a routine to harass and intimidate suspected members of Bunge la Mwananchi and have made it difficult for the people to exercise the constitutional and individual rights of movement, assembly, association and expression difficult. As I write Bunge la Mwananchi meeting forums across the country remain police controlled and the people mentioned above fear for their lives.

Report prepared and signed by:

Keli Musyoka

Samson Ojiayo

George Nyongesa

Salim Nganga

Helen Ayugi

Jacob Odipo

Gacheke Gachihi

Steven Gitau