Press statement

2 December 2002

Kenyan Police harassment of Independent Newspapers journalists reprehensible

The Freedom of Expression Institute (FXI) deplores the unlawful acts of the Kenyan police during the weekend of 30 November and 1 December 2002 in which they arrested, manhandled and detained two South African journalists at the Kenyan coastal city of Mombasa.

According to media reports, Independent Foreign Service reporter Beauregard Tromp and Star Photographer Mujahid Safodien were arrested on the evening of Saturday 30 November 2002 allegedly after being 'fingered' by a police informer, and because of their 'Middle Eastern appearance'. They were then harassed, threatened and forced to accompany police officers to a local police station where they were subjected to questions and intimidation about their presence in the city. No reasons were given for their arrest and detention, and neither were they allowed to contact officials of the South African High Commission in Nairobi for assistance. Later when Mr. Safodien tried to take pictures after the police officers had forced them to drive from the station to their hotel and back, he was physically manhandled. The two were eventually released that night but their passports were withheld until the following day when again they were subjected to further interrogation.

These reprehensible acts of state violence against journalists and media practitioners must be condemned in the strongest terms possible. Under the Kenyan Constitution, no person may be arrested arbitrarily and without being informed of the reasons for their arrest. This fundamental guarantee which underpins the principle of due process cannot be subverted merely because the government needs to enhance its prosecution of the war against terrorism. Unfortunately, human rights and fundamental freedoms in Kenya are honoured more in their breach than respect by the KANU government.

Media repression is rife in Kenya and local and foreign journalists have been subjected to physical attacks, arrests, intimidation, detention, malicious prosecution, defamatory action with punitive damages and the closure of media houses. In its 2001 index on the status of media freedom in the world, the United States based human rights body Freedom House listed Kenya as a country where there is 'No Freedom' of the press.

The FXI calls for immediate action to be taken against the police officers involved and for the Kenyan government to issue an unequivocal apology to the two journalists for the unwarranted violation of their basic human rights. In the same context, the FXI urges the Kenyan government to adhere to its constitutional, regional and international conventional requirements and respect the right of the media to operate freely without due interference in the country. However despicable the crime of terrorism maybe, the fight against it cannot be used as an excuse to infringe on the basic rights and freedoms of Kenyans or any other person present within the country.

For more information please contact Simon Kimani Ndung'u (083 733 2675), or Jane Duncan (082 786 3600).