We strongly condemn the violence that has erupted across the country following the questionable outcomes of the counting and tallying done under the electoral process. We express our deepest sympathy to all those who have been injured, raped or killed, those who have lost property, those who have been internally displaced as well as those who continue to live in fear. We are only too acutely aware that the survivors and victims continue to be those with the most to lose from the violence as well as those who least deserve to experience itâ??Kenya’s impoverished women and men in both low-income urban areas as well as in rural areas.

We are aware that the violence experienced has taken three primary forms. First, disorganized protest at the supposed results of the presidential tally. Second, instigated and organized militia activity particularly in the Rift Valley, but also through the re-activation of Mungiki in Central and Nairobi and, now,Chinkororo in Nyanza. And third, extraordinary use of force by Kenya’s Police Force and General Service Unit to the extent of extrajudicial executions violating the most fundamental of freedoms and human rightsâ??the rights to life and the safety and security of persons. We strongly condemn all three forms.

We note that the violence experienced is being used to legitimize the curtailing of the most basic of freedoms and human rightsâ??the freedoms of expression, assembly and association. These freedoms and human rights are guaranteed by international law, regional law and our own Constitution. They must be upheld at all timesâ??especially as the exercise of these freedoms and human rights is the only way for Kenyans to legally and legitimately express their protest at the alleged presidential outcome of the electoral process. We believe that the repression and suppression of legal and legitimate forms of protest can only perpetuate further violence.

It is also clear to us that, at the heart of the violence now being experienced, is a violation of other fundamental freedoms and rights directly related to the electoral processes. It is clear that the electoral anomalies and malpractices experienced during the counting and tallying of our electoral process were so grave as to alter its outcomes. Some of those electoral anomalies and malpractices were, in addition, illegalâ??thus rendering the supposed presidential outcome not only illegitimate but also illegal. We therefore consider Mwai Kibaki to be in office still on his first term.

Our hope lies in Kenyans standing up against the travesty that has been made of the electoral process. Our hope lies in Kenyans who have, at great personal risk, and without regard to ethnicity, on principle provided security, shelter and safe passage to those Kenyans targeted by the militia activity in the Rift Valley and elsewhere. We note the domestic humanitarian efforts coordinated by the National Council of Churches of Kenya with statistical support from the Catholic Relief Servicesâ??efforts to which many individual Kenyans and Kenyan businesses have now associated themselves. We note too the domestic peace initiatives being worked on by Amani Focus, the ‘Ibrahim group’ (including Ambassador Kiplagat and General Sumbweiyo) and Peacenet. And we now invite other concerned citizens to join the ‘peace through truth and justice’ efforts being carried out by domestic governance, human rights and legal organizations.

In particular, we would like to call on:

1. All efforts and initiatives to consistently stress that peace cannot and will not be achieved without electoral truth and justice;

2. All Kenyans to stand up to be counted not just for peace but also for electoral truth and justice;

3. The state to respect and uphold the rights to the freedoms of expression, assembly and association so as to ensure Kenyans protest only legally, legitimately and non-violently;

4. All politicians and political parties to immediately desist from the re-activation, support and use of militia organizations such as those active in the Rift Valley, Mungiki and Chinkororo;

5. The Ministry of Internal Security, the Police Force and the General Service Unit to exercise their duties within the boundaries of the Constitution and the law and desist from any extraordinary use of force and, in particular, extrajudicial executions;

6. The Electoral Commission of Kenya to immediately resign for having participated in and condoned a presidential electoral process so flawed as to result in our nation’s current crisis;

7. African states and the rest of the international community to pressurize for mediation between the Party of National Unity and the Orange Democratic Movement on addressing the electoral travesty that has occurred;

8. The mediation process to, as its first priority, agree upon an interim electoral oversight body to conduct a forensic audit into the polling, counting and tallying process with a view to recommending, depending on its findings, a re-count, a re-tallying or a re-run within a specified time period;

9. African states and the rest of the international community to, in the interim, deny official recognition to the man sworn in as President;

10. African states and the rest of the international community to immediately revoke any and all visas for any and all of the PNU’s and ODM’s leadershipâ??as well as all of their immediate family membersâ??to ensure they remain in this country to resolve the electoral travesty that has occurred;

11. The man sworn in as President to desist from announcing a Cabinet and otherwise aggravating and inflaming the current violence.

Signed:

Africa Centre for Open Governance (AfriCOG)
Awaaz
Centre for Law and Research International (CLARION)
Centre for Multiparty Democracy (CMD)
Centre for Rights, Education and Awareness for Women (CREAW)
(CRADLE)
Constitution and Reform Education Consortium (CRECO)
East African Law Society (EALS)
Haki Focus
Hema la Katiba
Independent Medico-Legal Unit (IMLU)
Innovative Lawyering
Institute for Education in Democracy (IED)
International Commission of Jurists (ICJ-Kenya)
Kenya Human Rights Commission (KHRC)
Kenya Leadership Institute (KLI)
Kenya National Commission on Human Rights (KNCHR)
Kituo cha Sheria
Media Institute
Muslim Human Rights Forum
National Constitution Executive Council (NCEC)
Society for International Development (SID)
Urgent Action Fund (UAF)-Africa
Youth Agenda

Africa used to be a scar on everyone’s conscience, Africa is now slowing becoming an embarrassment, and as an African/Nigerian it pains me to say so.

I have lived in naivasha, nakuru also schooled in different parts of the country and never gave a damn about realistic lines at all, never gave a damn bout the kikuyu, or luo or embu in short had no ill feelings to any tribe I mean am young and the group I know we do crack some jokes here and there along tribal lines but now nobody is, we cut it off due to whatâ??s going on.

what happened people, what is going on in Kenya, i sit here and ponder does me killing a kikuyu or I hear an embu help me, no no people no. and whatâ??s with the burning of the church, i know we are of a third world country but a church you got to be kidding me, you playing right!

my fellow Kenyan man we got to grow up i do know that racial lines, tensions will always be there thatâ??s human but sometimes its human to think too. I have no clue how we are going to pull out of this but man if we do let the Lord ride us on this one.

its a shame what we have come to burning little kids you mean little children u got to be kidding me I mean little children, they have no clue whatâ??s going on. seriously what about the women who gave birth to us, the womb, you just stole that too.

its a shame man its really a shame, do people sometimes print out this pictures, the gruesome pictures at the morgue, on the streets, alleys and worse of all carcasses of people so that these heinous crimes can be seen by all? and lets be honest here for a little bit each tribe has lost somebody right its just barbaric how these has happened.

now lets talk about our two year old kids, our politicians who of course cannot think straight and know that lives are at stake here,. Mr. Kibaki you very well know you are not suppose to be there, you like a kid holding on to a candy stick. Sir please think of whatâ??s going on and I mean right now. Your own people are dying and you think while you sit there at what you call state house give a sheepish address and go back helps. As these man gone out of that place anyway to the streets and seen whatâ??s going on. Kenya is burning brother, Kenya is burning and who will pour in the water.

Sir please please think I know you are a father think and think. If you keep sitting k have no clue then, you know Raila is not stupid to say I am going to court hello they aint go do nothing! and so will a recount help. Can you guy seek help from outside do something. Man kibaki was doing good till now. Is it really that hard to leave that famous sit for the sake of a brother living is it?

My second born child raila you probably know that they might listen to you and I mean the protesters they are out there dying for you, why cant you walk out there and ask them to stop and I mean plead with them, its time to stop all this raila it is. One thing I do understand is I know the courts will fail you I totally agree but is there something else you can do. Peacefully!

I love Kenya I do I really do love Kenya, we were doing so so good till now. Why Kenyans why, why did we have to bring mama African pride down why.

Get up be proud and ask ourselves what are we really doing. Yeah I know something was wrong with the vote but we can stand up peacefully and cry ourselves out.

By the way I am a kalenjin and proud of who I am, proud of those I have met, those I have befriended and those that loved and been loved by me. I love each one of you as a Kenya except for the barbaric creatures that slaughter little children that to me is extremely sickening and unforgivable. I put this on out high ranking officials remember that the honorable, misters and mistresses. Think and sleep thinking this is all on you.

Love Kenya.

http://www.facebook.com/group.php?gid=8563806021

Thank You,
Hussein Fazal

Still getting mixed reports about access to areas around eldoret, status of road blocks, etc.. But there is a growing number of internally displaced in Nairobi that need immediate attention.