POSTED BY JOSHUA NYAMORI:-Gross Violation of Human Rights and Acts of Impunity by Kibos Sugar Factory

1. Introduction A shameless act of impunity and violation of fundamental rights of poor people occurred at Kibos Township, four kilometers from Kisumu town center on Tuesday 28th October 2009. This incident exemplified the height of exploitation of unemployed and idle young people by well connected wealthy businessmen to perpetrate their selfish interests. Curiously, the incident has not received much attention in the media. Where it did, the stories did not bring out the real issues. In the morning of the material day, drivers, conductors and touts operating at Kondele center staged a demonstration demanding that the police release their certificates of registration as Community Based Organizations that had been confiscated by the Provincial Traffic Officer. Save for withdrawal of public transport, blocking of the road with rocks and lighting of bonfire on the road, the protest was generally peaceful and it ended after a negotiation between the group and senior police officers during which the confiscated documents were returned to the group. 2. Legitimate Protest Immediately after this, probably motivated by the Kondele protest, traders and residents of Kibos Township, located two Kilometers from Kondele, staged a protest and stopped a sugarcane transport lorry belonging to Kibos Sugar Factory from passing through the township on its way to the factory located within the township. The case of the protesting residents was that, because of the height of the customer built lorry carriers belonging to the factory, whenever they passed though the township, their roofs or overloaded sugar cane contents pulled the main electric power lines that pass-over the road into the township. Whether or not the power lines are cut, the whole trading center and the surrounding villages and slums would then be plunged into a blackout even as any electronic equipment that are connected to electricity are short circuited. Their numerous complaints to the factory management, police, provincial administration and the Kenya Power and Lighting Company had fallen on deaf ears. They therefore remained with no alternative but to stage a protest for their woes to be addressed. 3. Unjustified and Illegal Terror and Culture of Impunity Our investigation has revealed that when the factory management heard that their lorry had been denied entry into Kibos Township by the protesting residents and traders, it resorted to hiring idle youth from Kondele and carwash area and provided them with arms and transport to attack the traders and residents. When the youth arrived in Kibos, they indiscriminately attacked anyone on sight and looted shops and hotels. The residents and the traders re-grouped and overpowered the attacking gang sending them flying for their dear lives. In the ensuing melee, one of the attackers fell off a hired nissan van that was ferrying them and was run over by the same vehicle that drove away without stopping. The residents and traders poured all their anger on the now helpless youth and beat him to pulp. He is reportedly admitted with serious injuries at New Nyanza General Hospital with serious injuries. When the factory management heard of what had happened, it hired three canter lorries and several nissan vans to transport more hired youth from Kondele to Kibos. They were given petrol to burn down the center. When the re-enforcement landed at Kibos, they swung into a spree of looting and an orgy of destruction, arson and attack on the traders and residents. In the wake this second attack, several small scale shops, hotels and offices were in ashes and property of unknown value disappeared in the looting. Several people were also left writhing in pain and nursing serious injuries. The most curious part of this attack is the claim by residents and traders that the attacking gang arrived at Kibos in the company of a land cruiser full of armed policemen led by the Officer in Charge of the Police Dog Unit who watched as the gang unleashed terror and did not attempt to stop them from committing such heinous crimes. As the gang retreated, they are reported to have handed over some of their loot to the police officers. The police then drove away without paying attention to the desperate calls for help from the residents. Because of public outcry, the police arrested three youths suspected to have participated in the attack and a driver to one of the hired canter lorries. They are currently languishing at Kodiaga prison after failing to secure bail. The managers of the factory, led by Mr. Raju Chanan Singh who the residents of Kibos accuse of unbridled arrogance and who should bear the greatest responsibility for the attack, are however freemen. The residents speak of several incidents that Mr. Raju Chanan has arrogantly told them that he is beyond the confines of the law and that the political leadership, provincial administration, police and any other authorities cannot touch him. Apart from the current issue, the residents of Kibos have other serious issues with the factory but have no recourse to justice because the management of the factory has corruptly captured all the instruments of state that do its bidding. The factory is reportedly directing untreated waste from the sugar factory into R. Kibos whose water is used for domestic purposes by several people downstream. At the same time the solid waste from the plant is set on fire and burns throughout the day and night seriously polluting the air in the township and surrounding villages. The factory is also accused of mistreating its workforce and not implementing labour laws and policies that relate to the welfare of workers. The workers are allegedly paid poorly and continuously kept on casual labour status against the law. 4. Conclusion In conclusion, it is important to note that the attitude and behaviour of the management of Kibos Sugar Factory, and particularly Mr. Raju Chanan Singh, is a clear manifestation of a culture of impunity that Kenyans are struggling to eradicate under the framework of the National Accord and Reconciliation Agreement. We demand that comprehensive investigations be carried out on this matter and those found culpable and bearing the greatest responsibility for hiring youth to cause mayhem at Kibos be arrested, charged and taken to jail. The factory management should also be compelled to compensate the victims of the attack to ensure that they recover what they have lost. We also demand that the Government should move in with speed to address all the other issues that the community has raised against the factory so as to ensure that private entrepreneurs are not let lose to misuse and oppress Kenyan citizens under the pretext of promoting investments. To the youth who took part in the attack, we remind them that unemployment cannot be an excuse for crime of whatever nature. When the law finally catches up with them, the principal who hired them to perpetrate crime will not be there to bail them out. In the final analysis, it is also shameful to note that the people who bore the brunt of their violence are poor people like them who are struggling to make a living. SIGNED AND RELEASED IN KISUMU THIS 31ST DAY OF OCTOBER, 2009 Joshua O. Nyamori Coordinator – NYC Anthony O. Ombara Secretary General - NYC