Top security chiefs meet over MRC ruling

By Cyrus Ombati and Willis Oketch

Kenya’s top security chiefs  are in an emergency meeting in Nairobi to discuss a court ruling that lifted the ban on Mombasa Republican Council.

The meeting was called by acting Head of Civil Service Francis Kimemia who is the chairman of the National Security Advisory Committee amid fears that the ruling could strengthen 32 other outlawed gangs in the country to regroup and cause chaos.

“An urgent national security committee meeting has been called to address the grave implications following today’s (Wednesday) ruling on the MRC. The rule of law will continue to be enforced without fear or favour. The government assures Kenyans of their security and that of their property countrywide,” Mr Kimemia said in a statement.

Those expected to attend the meeting include Director General of National Security Intelligence Services Michael Gichangi, Police Commissioner Mathew Iteere, Chief of Defence Forces Gen Julius Karangi and permanent secretaries Mutea Iringo (Internal Security), Thuita Mwangi (Foreign Affairs) and Emanuel Kisombe of immigration among others.

The meeting comes a day after President Kibaki flew out to London to attend the opening of the Olympics.

On Wednesday three High Court judges ruled that the Kenya Gazette notice that outlawed MRC, group advocates the secession of Coast Province citing historical injustices, was unconstitutional.

Judges John Mwera, Mary Kasango and Francis Tuiyott said the State had failed to demonstrate that the ban was justifiable and proportionate.

While lifting the ban, the court declared that no evidence has been adduced to prove MRC’s connection to violent crimes and added the group may agitate its agenda through political and legal means.

The separatists group, however, received a blow when the court ruled that their chants, slogans and “agitation for secession” might constitute hate speech, propaganda for war, incitement to violence or advocacy for hatred, which is “unconstitutional and criminal”.

This suggests that MRC’s slogan Pwani Si Kenya may now be deemed treasonable to the extent that it advocates for break up or incites hatred and violence, which the judges said is illegal.

The court ruled that their chants, slogans and “agitation for secession” might constitute hate speech, propaganda for war, incitement to violence or advocacy for hatred, which is “unconstitutional and criminal”.

This suggests that MRC’s slogan Pwani Si Kenya may now be deemed treasonable to the extent that it advocates for break up or incites hatred and violence, which the judges said is illegal.

But MRC secretary general Hamza Randu immediately denounced the ruling declaring that the group will continue to push for secession. He further declared that the “suggestion that we register and operate as a party is unacceptable”.

Randu and two other MRC members Robert Charo and Nyae Ngao sued Attorney General Githu Muigai and Internal Security minister the late George Saitoti on November 24 seeking to overturn gazette notice 12585 of October 18 outlawing the group.

Saitoti cited his powers under Prevention of Organised Crimes Act in declaring the ban that has now been lifted with heavy conditions.

It was a mixed ruling that elated and dismayed MRC’s opponents and supporters in equal measure.

Whereas the group is now free to seek registration as a political movement, it has been warned that it cannot be allowed to demand secession for the coastal strip or dismember the country or even incite hatred.

The details of the ruling read by Justice Tuiyott render MRC’s core demands impossible to achieve since it said lifting the ban is not “a carte blanche to disorder and lawlessness”.

Muigai said he would appeal against the ruling.

“The Attorney General shall be appealing against the said decision of the court revoking the order of the minister on grounds that the court decision failed to consider the legitimate constitutional concerns of Government in ensuring that any group or organisation challenging the constitutional authority and territorial integrity of the Republic of Kenya cannot enjoy protection from Constitution,” said a statement from senior deputy solicitor Muthoni Kimani.