Mwakwere off the hook, but he’ll be under watch

By Ngumbao Kithi and Patrick Beja

Environment Minister Chirau Ali Mwakwere will be under surveillance for the next year by a human rights organisation to ensure he does not engage in hate speech.

This is part of the concessions the Matuga MP had to consent to as part of the deal that saw a court case against him withdrawn.

If the case had proceeded to trial, Mwakwere would have been kicked out of Cabinet until it was concluded.

It would have been the second time Mwakwere was leaving Cabinet since 2008 since he had to quit after the High Court nullified his election.

What is expected of him

According to the agreement signed by Mwakwere and Muhuri’s Executive Director Hussein Khalid, the minister must desist from making any form of hate speech in future.

Khalid said the stringent conditions imposed on the minister in the agreement are intended to “serve as an example to others”.

Among other demands the agreement compels Mwakere to “agree to be monitored by Muhuri for 12 months,” and to publicly preach peace and reconciliation, according to an agreement signed after a week of negotiations.

Last Saturday Mwakwere admitted uttering racially charged remarks in July 2010.

Speaking to the press in Mombasa, a humbled Mwakwere declared that “these are my apologies for the remarks I made during the by elections in Matuga in 2010” and proceeded to heap praise on the human rights agency — Muslims for Human Rights —Muhuri- that sparked his legal troubles of the remarks describing it as “an esteemed organisation fighting for human rights at the coast region and the republic of Kenya as a whole.”

The decision to accept Mwakwere’s apology is said to have caused a split within Muhuri’s board with some members arguing that signing the agreement could tarnish the organisation’s standing.

Prosecutors say that during campaigns for the Matuga by election on July 1, 2010, the minister accused Coastal Arabs and Swahili of dominating ethnic Digo.

After the July 1 speech Muhuri complained to the National Cohesion and Integration Commission NCIC, which requested the Director of Public Prosecution to charge Mwakwere with hate speech.

“On deep reflection, I hereby tender my most sincere apology to all the people of Kenya for the said remarks that I made on  July 1, 2010 and during the campaigns for the by elections as MP for Matuga. In particular, I apologise to the people of the Coast region for these remarks.”

Seated elsewhere in the hotel as Mwakwere apologised was National Cohesion and Integration Commission NCIC chairman Mzalendo Kibunjia who denied any connection with Mwakwere’s statement.

Mwakwere and Khalid Hussein signed an agreement in which the minister admits uttering “certain words which were viewed to be likely to cause animosity between certain communities...”

Hussein disclosed that negotiations started on Thursday last week following a request by the NCIC for conciliation between the two parties. Reports show that NCIC wrote a letter to Muhuri calling for discussions after Mwakwere reportedly wrote to NCIC seeking rapprochement with the rights agency.

According to Mwakwere, his apology followed “lengthy meetings and deliberations with NCIC, Muhuri and other leaders from the Coast region”. After signing the agreement Mwakwere shook Khalid’s hand and embraced him then assured Coast residents that he would henceforth uphold the Constitution and be a champion of peace.

Mwakwere’s word

He claimed this apology would allow him to become a “campaigner for peace and reconciliation” and added that “we gain nothing by being confrontational”.

The minister went ahead to claim what he did is acceptable to Islam because Muslims are called upon to “sit and forgive each other”.

Mwakwere promised to refrain from any remarks that will sow discord at the Coast and the country in general.

“I will continue to campaign for peace. This agreement will ensure the Coast region is united. We have decided to reconcile and move forward,” Mwakwere said.

Present were Muhuri chairman, Mr Munir Mazrui, Muhuri executive officer, Mr Hussein Khalid, former commissioner with the Kenya National Commission on Human Rights (KNCHR), Mr Hassan Omar and Supreme Council of Kenya Muslims (Supkem), Prof Abdulgafur El-Bussaidy.

Khalid confirmed that Muhuri had accepted Mr Mwakwere’s apology after several regional and national leaders advised the organisation to do so.

“Following advice by various leaders in the Coast region and nationally, we decided to accept Mr Mwakwere’s apology,” Khalid said.