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UNCLAS SECTION 01 OF 02 NAIROBI 002864 
 
SIPDIS 
 
AF/E FOR SUSAN DRIANO, DRL FOR MOLLIE DAVIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PHUM KDEM ASEC KE
SUBJECT: INDEPENDENCE DAY CELEBRATIONS MARRED BY POLICE 
CRACKDOWN ON PROTESTERS 
 
REF: NAIROBI 2850 
 
SUMMARY 
 ------- 
 
¶1.  Celebrations of Kenya's 45th Jamhuri (Independence) Day 
in Nairobi on December 12 turned slightly chaotic when police 
cracked down on protesters who disrupted President Mwai 
Kibaki's speech.  Civil society aimed to use the event to 
highlight widespread discontent about skyrocketing food 
prices and the refusal of Members of Parliament (MPs) to pay 
taxes on their exorbitant allowances.  Journalists and media 
personalities were also present in a parallel, but separate, 
protest over the passage by Parliament on December 10 of a 
draconian Media Bill (Reftel).  Police arrested 51 persons in 
Nairobi.  Most were released without charge.  However, 
Mwalimu Mati, a prominent anti-corruption activist who police 
believed was the protest organizer, and his wife were also 
arrested while trying to enter the stadium where Kibaki was 
to deliver his Jamhuri Day speech.  Police held the pair for 
two days, before releasing them without charge.  In Garissa, 
the capital of Northeastern Province, four civil society 
activists were arrested and charged with unlawful assembly 
when they tried to attend Jamhuri Day celebrations.  None of 
those arrested had legal permits to demonstrate.  Civil 
society leaders plan to continue protests, but these have not 
yet materialized.  We will continue to follow these issues. 
The Ambassador has subsequently spoken out on the important 
role that peaceful protests play in a democratic society and 
on the importance of respecting the rule of law.  END 
SUMMARY. 
 
PUBLIC DISSATISFACTION SPURS PROTESTS 
------------------------------------- 
 
¶2.  Public discontent had been building for months as food 
costs spiraled.  For example, the price of cornmeal, a staple 
food for many Kenyans, has doubled during 2008.  The 
government's ineffectual response to the crisis has failed to 
reduce prices of staple products.  While ordinary Kenyans 
struggle to feed their families, Members of Parliament (MPs) 
twice voted down a Ministry of Finance initiative to tax 
their monthly allowances of approximately USD 10,000.  Adding 
to public frustration, Parliament on December 10 adopted a 
Media Bill which allowed the government wide scope to 
interfere with media freedom (Reftel). 
 
¶3.  Civil society activists harnessed this dissatisfaction 
and called for nationwide protests.  Their efforts focused on 
the traditional celebration of Jamhuri Day by President Mwai 
Kibaki which is held at Nyayo Stadium and consists of a full 
military parade and a speech by the President.  Civil society 
printed up black T-shirts with slogans protesting 
parliamentarians refusal to pay tax and distributed them to 
the public.  Police presence at the venue was strengthened in 
anticipation of protests.  Police prevented anyone wearing 
such T-shirts from entering the grounds.  However, many 
protesters avoided detection by hiding the T-shirts under 
clothing and entered the stadium.  These protesters 
congregated in one small section of the stadium. 
 
¶4.  The atmosphere remained peaceful, if dull, as President 
Kibaki received the military honor guard and delivered his 
remarks in English.  However, when Kibaki began to deliver 
off-the-cuff remarks in Kiswahili, parts of the crowd who, 
after entering the stadium had donned the black T-shirts, 
began to shout, "We are hungry," and other slogans, causing a 
disturbance.  At the same time, one civil society activist, 
Alfred Odhiambo, had managed to access seating behind the VIP 
dais.  Odhiambo created a stir by shouting down the President 
as he was delivering his Kiswahili remarks.  Members of the 
presidential security detachment forcefully removed Odhiambo 
from the dais in full view of the media.  Odhiambo was 
hospitalized with soft tissue injuries from the rough 
treatment he received.  Separately, a prominent media 
personality appeared on the grounds wearing a striped shirt, 
pants and, cap similar to the standard Kenya prisoner's 
uniform.  He was also forcibly removed. He later explained 
that his outfit was to symbolize that, due to the passage of 
the Media Bill, journalists in Kenya were now prisoners of 
the government. 
 
PROTEST ORGANIZER ARRESTED 
-------------------------- 
 
NAIROBI 00002864  002 OF 002 
 
 
 
¶5.  While police simply turned away most people believed to 
be protesters, police denied entry to, and arrested, Mwalimu 
Mati, a noted anti-corruption activist who police believed 
was the organizer of the protests and his wife, Jane.  The 
pair were held for two days before being released on December 
15 without being charged with an offense.  Police stated the 
case is still under investigation, but the pair's lawyer, 
Harun Ndubi, believed no charges would be filed. 
 
FOUR ARRESTED IN GARISSA PROTESTS 
--------------------------------- 
 
¶6.  Protests also disrupted Jamhuri Day celebrations in 
Garissa,  the capital of North Eastern Province.  Four 
activists were arrested there for wearing T-shirts bearing 
slogans calling for MPs to pay taxes.  The four were held for 
three days and released after being charged with incitement 
and posting a Ksh 5,000 (approximately USD 75) bond.  Their 
lawyer,  Harun Ndubi, told poloff that the four will file a 
constitutional challenge to the charges before the January 10 
hearing date for the incitement charges. 
 
COMMENT 
------- 
 
¶7.  These protests should serve as a wake-up call to the 
government and Parliament that they need to adopt policies 
and laws that will deliver concrete benefits to the public or 
risk further protests.  Civil society leaders have told us 
that they intend to continue protests although we are likely 
to see a lull with the Christmas holidays approaching. 
RANNEBERGER