Khalifa said the actions contravene Article 39 of the constitution, which guarantees every person the right to freedom of movement.
Khalifa noted that Article 27, which guarantees equality and freedom from discrimination, and Article 47, which provides for fair administrative action, are also violated.
Audio By Vocalize
Shungwaya Welfare Association Lamu chair Mohamed Mbwana
at the Muhuri Legal Aid clinic in Mombasa on Thursday / BRIAN OTIENO
Vocal Africa’s Walid Sketty, She Rises’ Salma Hemed
and Muhuri’s Khelef Khalifa at the Muhuri Legal Aid clinic in Mombasa on
Thursday / BRIAN OTIENO
Muhuri’s Francis Auma consults director Khelef
Khalifa at the Muhuri Legal Aid clinic in Mombasa on Thursday / BRIAN OTIENO
Lamu residents and human rights activists in Mombasa on
Thursday protested against prolonged road blocks and restricted movement in
Lamu county.
For over a decade, the Lamu highway has been subjected to
closure between 6pm and 7am.
The curfew-style restriction, the stakeholders said, causes
immense suffering, hampering business operations, especially for fishermen and
small-scale traders who rely on early morning or late night transport to
sustain their livelihoods.
“The situation has created an environment of harassment and
intimidation from security personnel manning the roadblocks,” Khelef Khalifa, a
human rights activist, said.
Khalifa said the actions contravene Article 39 of the
constitution, which guarantees every person the right to freedom of movement.
Khalifa noted that Article 27, which guarantees equality and
freedom from discrimination, and Article 47, which provides for fair
administrative action, are also violated.
“We therefore protest, in the strongest terms possible, this
unjust and prolonged measure, which amounts to collective punishment of
law-abiding citizens, rather than a targeted security intervention,” the
Muslims for Human Rights director said.
Khalifa called on the Interior CS Kipchumba Murkomen to lift
the restrictions and restore free, unhindered movement along the Lamu highway
without harassment and intimidation from the security personnel.
He noted they are ready for any engagement on lawful and
effective security measures that protect both lives and livelihoods.
Salma Hemed, the founder of She Rises, an NGO, said the
government has forgotten that most Lamu residents depend on fishing and small-scale
businesses to live.
“The restrictions have made Lamu county lag behind in terms
of its economy because movement has been curtailed and business is not
effective,” Hemed said.
She said the security agencies must look for ways to protect
lives and property without hindering movement and livelihoods.
Hemed said there is need for dialogue between Lamu residents
and security personnel to come up with alternative ways of ensuring safety
without compromising on guaranteed rights.
Omar Sharif alias Sultan, a Lamu resident, said the Bajuni
people, who are natives in Lamu, have not tasted the fruits of independence
because of the restrictions.
Mohamed Mbwana, the chairman of Shungwaya Welfare
Association in Lamu county, said the restriction of movement started in 1963.
“This matter started during the Shifter war, which made 22
communities in Lamu East and another 20 communities in Lamu West collapse.
“They collapsed because of security personnel who came to
harass people,” Mbwana said.
In1971, the Lamu
settlement scheme was created until President Daniel Moi took over leadership
of the country, which was when all the restrictions were removed, allowing for
Lamu to thrive.
However, the Mpeketoni attack by al Shabaab militants in
2014, changed all that.
Restrictions were imposed as the militants infiltrated the
locals, living among them and gathering information which led to subsequent
sporadic attacks.
“Today, vehicles carrying fish no longer go to Kiunga.
Today, a kilo of fish goes for Sh900 because of lack of transportation. It is
too expensive,” Mbwana said.
He said Lamu is the first county in Kenya to have oil
discovered in 1958.
However, oil exploration was stopped in 1962 for unknown
reasons, only to be allowed years later where wells in Bodo and Mwathi were
sunk.
“We feel this is no longer about security. If it is al
Shabaab, who funds them? The government has all the resources to gather
intelligence. Why don’t they use that intelligence to smoke out the militants
if that is the reason?” Mbwana questioned.
He said the harassment by security personnel has pushed Lamu
youth into vices like drug abuse, thuggery and idleness because they are not
free to carry out economic activities.
Walid Sketty, a Vocal Africa officer, said from Minjila to
Mokoe in Lamu county, there is a curfew.
However, the same is not imposed in neighbouring counties
yet the same Boni forest extends to those counties.
“We therefore feel this is not about the safety of Lamu
county. There are other counties that have bandits, who from time to time
attack people.
“But the curfews imposed there are only for two or three
days before they are lifted. Why is there a curfew that lasts decades in Lamu?
Isn’t this economic sabotage?” Sketty asked.
He said in a month’s time, if the roadblocks are not
removed, they will mobilise youth to remove them.
Haki Africa’s Mathias Shipeta said the role of the
government is to provide security.
“But Lamu is the only county where people’s movement is
restricted. There have been bombings in Kikambala, Garissa, Dussit, but no
movement restrictions have been imposed in those areas,” he said.
A fisherman in Kiunga cannot take his fish to Mombasa easily
because of all the imposed restrictions, Shipeta noted.
INSTANT ANALYSIS
According to Muhuri, 50 per cent of indigenous Lamu people
are living outside Lamu because they are escaping the suffering they undergo in
Lamu. At the same time, other people are settling in Lamu in numbers and will
soon outnumber the locals, Muhuri says.