PERSECUTED AND PROSECUTED FOR DEFENDING HUNGRY KENYANS

Dear sir/madam PERSECUTED&PROSECUTED DEFENDING DEMOCRACY On 2nd August 2007, I was arrested among nine other activists for protesting the harassment of cabinet minister Charity Ngilu by the state. This was after she had been accused of allegedly releasing a ’prisoner’ (she had two days earlier rescued Ann Njogu-another human rights activist who had been badly beaten and been injured by the police).Before justice Mutungi, on the morning of 2nd August,2007,the high court had acquitted Ann Njogu ,and other protagonists of democracy ;Okiya Omtatah Okoiti,Ouma Odera,Mwalimu Mati and Cyprian Nyamwamu,arguing they had been illegally detained and their rights had been violated. Our original protests were against the arbitrary self allocation of freebies worthy 6million for every outgoing Member of Parliament of the ninth parliament. We had protested this because we believed that Kenya was not in a position to incur such expenses while the common citizen still suffered. We believed it was an immoral move by members of parliament. Since August 2007, I together with my nine fellow human rights defenders have since been to the Makadara court at least twice a month for the last two years. We are accused of holding an alleged unlawful assembly. We were arrested outside the Kiambu road CID headquarters and taken to Muthaiga police station where we spent the night in police cells then arraigned in the Makadara law courts the following morning. We were released after raising cash bail of ksh.200,000/= On 18th February 2009, Patrick Kamotho, Philo Ikonya and I (Fwamba NC Fwamba) were arrested, beaten and injured by the police outside parliament buildings as we protested against the food crisis which the government was doing little to address. We protested against the escalating food prices especially the cost of the staple food; maize flour. Our protest also intended to rebuke the ministers and other senior government officials mentioned in corrupt deals. We were moved to several police stations that night but were returned to central police station the by 3.30 am and taken to court the following morning. We were arraigned in court the following day accused of allegedly holding an illegal demonstration. On the first day Mbugua Mureithi and Ongoya represented us. We were granted bond of Ksh.30, 000 which was paid in cash. The case goes on at the high court up to date. We have been appearing at least twice a month in court for the mention of this case since February. It’s just recent that the Kenyan government discovered that the issue of famine is a serious national problem. I wish they were able to take serious our concern back in February. It so happened that on 22nd September, I appeared in two courts. At the high court we were told that the case will be heard on 19th October,2009. At Makadara, 22nd October was supposed to be a ruling on whether we had a case to answer or not. It was in response to the submission that our advocate Mr.Elisha Ongoya had made to the court in the previous appearances. We all anticipated that the magistrate was going to make a reference to our constitutional rights and declare that we had no case to answer. That didn’t happen. The court decided that we have a case to answer and declared that we be put on our defence.we were given 15th December, 2009 as the hearing date. in this case, over 22 lawyers represented us on the first day, among them were prominent lawyers who included the current minister for Lands Hon. James Orengo,Senior Counsel Hon. Paul Muite,Pheroze Nowrojee,Hon.Wanyiri Kihoro,Elisha Ongoya,Harun Ndubi,Mbiyu and Mbugua Mureithi..After that in the subsequent appearances we were represented by Harun Ndubi who later handed over to Elisha Ongoya.currently we are represented by Hon.Kihoro and Mr.Ongoya in the two cases. I request all of you to consider coming in person as a show of solidarity during the hearings of the two cases. On 19th October at the high court; court number 9 and 15th December at the Makadara court. The accused in the 2007 case include Patrick Kamotho,Hassan Indusa,Eddie Mwangi,Keli Musyoka,Philo Ikonya,Wangui Mbatia,Abel Onkundi,Robert Ondari,Kepta Ombati and Myself(Fwamba Nc Fwamba) Yours truly, Fwamba NC Fwamba Cc:all diplomatic foreign missions to Kenya