His Excellency Mwai Kibaki
President and Commander-in-Chief of the Armed Forces
Nairobi
Republic of Kenya
Fax: +254 20 21 01 50
Vienna, 17 January 2005
Your Excellency,
The International Press Institute (IPI), the global network of editors, media executives and leading journalists, is deeply concerned about the criminal libel charges brought against Kamau Ngotho, an investigative journalist for the Standard newspaper in Kenya.
The charges stem from an article written by Ngotho and published by the Standard on 8 January, titled “Mr. Moneybags”, which details alleged transactions between members of Kenya’s business elite and key figures in Your Excellency’s administration.
IPI is informed that, on 11 January, Standard associate editor Kwamchetsi Makokha was detained and questioned for four hours at Criminal Investigations Department (CID) headquarters in Nairobi on orders of National Security Minister Chris Murungaru, who was mentioned in the story and had filed a criminal defamation complaint against the Standard. According to the head of investigations at CID headquarters, Richard Okore, investigations into the case are still ongoing and Makokha could be called back for further questioning. He also said that more Standard editors might be questioned.
Kamau Ngotho, who wrote the story, presented himself to court on the afternoon of 12 January after a warrant for his arrest was issued by Nairobi Chief Magistrate Aggrey Muchelule, who had issued the warrant that morning after police said Ngotho had failed to appear before them. He was then released on bail.
On 13 January, Ngotho was charged with publishing a defamatory article in violation of Section 194 of the Penal Code, a law that dates back to colonial times, although the Standard’s 13 January issue carried a number of corrections to the article, along with apologies to all persons concerned. If convicted, Ngotho faces a prison sentence of up to four years. IPI understands he intends to refer the case to the High Court on constitutional grounds.
IPI considers the actions taken against Ngotho and the Standard as a worrying abuse of power under an outdated and outmoded law that should play no role in a democracy committed to upholding press freedom and combating official corruption.
The charges brought against Ngotho represent a threat to freedom of expression as guaranteed by internationally accepted standards, including Article 19 of the United Nations Universal Declaration of Human Rights. Legal remedies already exist in civil libel legislation to provide recourse for alleged defamation. Moreover, public officials need to be afforded less, not more, protection from defamation than ordinary citizens, if there is to be free and vigorous public debate, which is the hallmark of any democratic society.
Criminal defamation laws have been used by repressive regimes to shield public officials from scrutiny and criticism and consequently deprive the public of their right to be fully informed on the activities of their elected representatives. The threat of being subjected to imprisonment often forces journalists to resort to self-censorship and encourages a culture of secrecy by providing protection to corrupt or incompetent officials.
IPI therefore urges Your Excellency to ensure that the relevant authorities initiate the process of removing repressive laws that criminalise libel or slander. By doing so, you will send a strong signal to the international community that Kenya is unequivocally committed to protecting and defending fundamental human rights.
Thank you for your attention.
Yours sincerely,
Johann P. Fritz
Director
