Dáil Éireann díospóireacht -
Wednesday, 28 Jun 1995

Vol. 455 No. 2

Adjournment Debate. - Trial in Kenya.

Mr. Cullen

I thank the Ceann Comhairle's office for allowing me raise this matter on the Adjournment and I thank the Minister for coming into the House to reply at this later hour.

The case of Koigi wa Wamwere is a matter of grave concern not only here but internationally. The issues involved go far beyond the concerns of the individual and his co-accused. The individual concerned was arrested on what has been described by all independent observers at the trial as trumped up charges of a criminal nature. It is obvious that President Moi and the Kenyan Government want to give vent to the lie that there is no such thing as a political prisoner in Kenya. The fashion is to concoct criminal charges and arrest any person who opposes its regime in a peaceful manner by operating through the democratic process. It is of the utmost importance that our Government makes it clear to the regime in Kenya, which is supposed to be part of the fledgling democracies emerging in the world, that democracy does not mean dictatorship with a new brand image slapped to it. That is crucial in the case of developing Third World countries and there is a responsibility on this and other Governments throughout the world to ensure that message is given in the loudest and most forceful terms to any Government or country that seeks to abuse democracy and the rights of the individual.

The facts highlight that this person was arrested on a trumped up charge of robbery, which it is clear neither he nor his co-accused committed. They have been tortured relentlessly while in custody. Some of the individuals concerned have been beaten even within the confines of the courtroom. This is an unacceptable way to treat people, particularly in a country that is a signatory to the covenants on civil and political rights. It is also a signatory to the African Charter on Human and People's Rights. In a country that is a signatory to such charters, surely it is not possible for us in the free world to stand by and see an individual's rights trampled on by President Moi and his so-called Government. Democracy is the only way forward for most countries in Africa but it will not be achieved if democratic nations stand by and allow its abuse to be part and parcel of the order of the day.

There are three things this Government must do in this case. It is pointless expressing concern to me or to the converted. Concern must be expressed in forceful terms directly to the Kenyan Government, stating that we are deeply concerned that prisoners of conscience should face false charges because they have been involved in non-violent opposition to the Kenyan Government. We should also express deep concern that the trial should conform to international standards for fair trial. International observers from the Bar Association in the United Kingdom have stated independently and publicly that the trial is a sham, that the behaviour of the judge is disgraceful, that it does not conform to any standards of international practice of law and that it is an outrage. We should call immediately on the Kenyan Government for the unconditional release of the four prisoners of conscience involved.

The Paris group of countries that support the Kenyan Government by providing aid to it are due to meet on 24 July.

It is clear that no decision on this trial will be forthcoming on the part of the Kenyan authorities until the Paris group of countries have met and decided on new additional aid to Kenya.

Our Government, in association with its counterparts within the European Union, must exert the greatest pressure on the Kenyan Government in advance of that Paris group of countries meeting on 24 July. If no positive action has been taken in the interim by the Kenyan Government, those countries attending that meeting will have to take a clear decision, that is to discontinue their support until such time as the human rights abuses in Kenya which have reached outrageous proportions, cease.

I hope the Minister of State will make absolutely clear to the Kenyan Government our abhorrence of such abuses, if the Government has not already done so.

Minister of State at the Department of Foreign Affairs (Ms Burton)

Mr. Koigi wa Wamwere, is a former member of the Kenyan Parliament and human rights activist who has been a prominent critic of the Kenyan authorities who have detained and imprisoned him for several long periods without trial since 1975. He was last detained in November 1993 along with his brother Charles Kuria Wamwere, his cousin James Maigwa and G. G. Njuguna Ngengi a councillor and former army officer. They were brought to trial on 12 April 1994. All four were charged with attempted robbery with violence, an offence which carries a mandatory life sentence.

Amnesty International believes that the charges against them are false and that all four are prisoners of conscience. It also believes that the cases against them are weak and that all four have alibis. For example, Mr. Koigi wa Wamwere claims to have been in Nairobi staying with a prominent human rights lawyer, Gibson Kamau Kuria, at the time of the alleged raid on Bahati police station upon which charges against him and his co-accused were based.

Since it began in April 1994, the trial has been attended regularly by observers from international human rights and legal organisations, including Amnesty International, the British and Norwegian Bar Associations, the International Bar Association, the Kenyan Law Society and the International Committee of Jurists.

Several aspects of the trial, which is being held at magistrate court level, have given rise to concern. These include the fact that the defence claims that it did not get adequate time to prepare its case. Nor did it have advance disclosure of prosecution evidence and witnesses which would facilitate such preparation. The presiding magistrate records the proceedings. Consequently the record of the trial is not considered to be sufficiently independent by observers. Therefore, they have questioned the reliability of the record of the proceedings and the impartiality with which they have been conducted. They have also pointed to inconsistencies and flaws in the prosecution case. Observers and others attending the trial have reported harassment by the authorities and that they were ordered by the magistrate not to take notes.

In June 1994 a constitutional application was made to the Kenyan High Court to have the case dismissed on the basis of bias in favour of the prosecution and lack of fair trial contrary to the Kenyan Constitution. This application was dismissed in August 1994 and the trial referred back to its original magistrate.

In view of the circumstances and concerns surrounding this case the Government supported a démarche by the EU to the Attorney General of Kenya, Mr. Amos Wako, on 16 August 1994. In it the EU expressed its concern about the legal treatment of the case of Mr. Koigi wa Wamwere. It also urged that he be given a fair trial.

In its statement to the informal international donors' consultative group meeting held on 15-16 December 1994, the EU specifically referred to the Koigi wa Wamwere case and the fact that it continued to raise concerns as to the independence of the judiciary and its ability to provide for just and fair trials in cases with political connotations.

The case of Mr. Koigi wa Wamwere is indicative of continued decline in the political and human rights situation in Kenya. The ethnic situation in the country and the manner in which it is being dealt with at local level continues to be a cause of serious concern. The forced removal of the population of Maela camp last December was a particular case in point. On 7 February 1995 the EU responded to this and similar incidents by making a démarche to the Kenyan Minister for Foreign Affairs. The EU is also very concerned about recent restrictions on the printed media, opposition parties and other democratic institutions.

At the 51st Session of the UN Human Rights Commission in Geneva last February, Ireland and the member states of the European Union called on the Kenyan Government to take measures which would alleviate ethnic tensions in consultation with the UNDP and all concerned parties.

The EU and its member states are the largest donors to Kenya. The Irish Government considers it essential that the Union increase pressure on the Kenyan Government to take necessary measures to support proper democracy and recognition of human rights. This view is shared by other member states and international donors who have called for an unscheduled donors meeting in Paris in July to which Deputy Cullen referred. This reflects their fears that Kenya is backing away from democratic reform.

While the EU has been expressing its concern about these matters in its démarches and in its regular contacts with the Kenyan Government, it is the Government's view that more effective pressure must be exerted. The case of Mr. Koigi wa Wamwere and his co-accused are an essential element in this approach which is under consideration in my Department which we shall raise with EU partners.