kenya: "East African Standard" editor David Makali charged
The Committee to Protect Journalists (CPJ) has expressed deep concern over the criminal charges that have been brought against an editor from the "East African Standard", Kenya's oldest newspaper. The organisation is also concerned about the apparent pressure tactics used by Kenyan police to try to force the journalist and two of his colleagues to reveal their sources for an article in the newspaper's 28 September edition. On that date, the paper published leaked excerpts of confessions to the police by a suspected murderer of Crispin Odhiambo Mbai, who headed a key committee at Kenya's Constitutional Review Conference. The article reported that some of the suspects had accused a prominent politician in President Kibaki's governing coalition of having masterminded the murder.
IFEX - News from the international freedom of expression community
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ACTION ALERT UPDATE - KENYA
3 October 2003
"East African Standard" editor David Makali charged
SOURCE: Committee to Protect Journalists (CPJ), New York
**Updates IFEX alerts of 30 September 2003**
(CPJ/IFEX) - In a 2 October 2003 letter to Kenyan President Mwai Kibaki, CPJ
expressed deep concern over the criminal charges that have been brought against
an editor from the "East African Standard", Kenya's oldest newspaper. The
organisation is also concerned about the apparent pressure tactics used by
Kenyan police to try to force the journalist and two of his colleagues to reveal
their sources for an article in the newspaper's 28 September edition.
On that date, the paper published leaked excerpts of confessions to the police
by a suspected murderer of Crispin Odhiambo Mbai, who headed a key committee at
Kenya's Constitutional Review Conference. The article reported that some of the
suspects had accused a prominent politician in President Kibaki's governing
coalition of having masterminded the murder.
After the excerpts were published, police summoned managing director Tom
Mshindi, associate editor Kwamchetsi Makokha, and Sunday editor David Makali to
a police station in the capital, Nairobi.
The three editors reported to the police at around 1:00 p.m. (local time) on 29
September. Mshindi said that he and his colleagues were separated for
questioning, and that police repeatedly asked the journalists to reveal their
sources, which they refused to do.
Mshindi and Makokha were released after about six hours and told to report to
the police the next morning, but Makali was kept in custody. Mshindi and Makokha
said they spent the evening of 29 September trying unsuccessfully to discover
Makali's whereabouts. On 30 September, Makali was allowed to meet briefly with
Mshindi and Makokha and with members of his family, said Mshindi.
After failing to get the journalists to reveal their sources, authorities
pursued charges in court against Makali and a police officer. According to
"Standard" lawyers, Makali and the police officer were taken to High Court in
Nairobi on 1 October, and charged with stealing a cassette that belonged to the
police and contained videotaped confessions.
The newspaper, whose original article on the confessions referred to a police
report, not to a tape, denies that it ever had a police videotape. Makali, who
faces a maximum penalty of three years' imprisonment if convicted, pleaded not
guilty.
Makali and the police officer were released on bail of 5,000 Kenyan shillings
(US$66) each. The judge directed that the case be heard on 3 November.
RECOMMENDED ACTION:
Send appeals to the president:
- expressing concern over Kenyan authorities' harassment of Makali and his
colleagues
- noting that the right to protect a source's confidentiality is an
internationally recognised standard of the journalism profession and a necessary
element of a free press
- further noting that the formal charges of theft appear to be nothing more than
a pretext for preventing the media from reporting on sensitive subjects
- reminding him of his government's election promises to support press freedom
- calling on him to do everything within his power to ensure that charges
against Makali are immediately dropped, and that the Kenyan media are allowed to
practice their profession freely, without fear of intimidation or reprisals
APPEALS TO:
His Excellency Mwai Kibaki
President of Kenya
Harambee House
Nairobi, Kenya
Fax: +254 20 21 01 50
Please copy appeals to the source if possible.
For further information, contact Adam Posluns (ext. 107) at CPJ, 330 Seventh
Ave., New York, NY 10001, U.S.A., tel: +1 212 465 1004, fax: +1 212 465 9568,
e-mail: [email protected], Internet: http://www.cpj.org/
The information contained in this action alert update is the sole responsibility
of CPJ. In citing this material for broadcast or publication, please credit CPJ.
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