By Matthew Russell Lee, this
UNITED NATIONS, November 3 – After the Kenya elections results the UN praised on August 12 were thrown out on September 1, Inner City Press immediately asked the three top spokespeople of UN Secretary General Antonio Guterres for comment. There was none then, and when Guterres took some media questions on September 5, Inner City Press loudly asked Guterres if he has any update to its praise of Kenya's reversed electoral win by Uhuru Kenyatta. Video here.The strange tenure of Roselyn Akombe, put on "special leave" by Guterres' (and Jeff Feltman's) UN to work on the IEBC, is over. But is she back at the UN or not?
The UN said and says no. But she was quoted that she's back. On November 2, Inner City Press asked UN Spokesman Stephane Dujarric, and he said she wasn't back, UN transcript here, and below. Then on November 3 he reversed himself, but dodged other Inner City Press questions. From the November 3 UN transcript: Dujarric: I wanted to say that I stand corrected on the status of Ms. Akombe within the United Nations. Ms. Akombe returned to the UN earlier this week. She had been on special leave without pay after being nominated by the Kenyan government to serve on the country’s electoral commission. Following the end of that assignment late last month, Ms. Akombe requested to curtail the period of her special leave and resume her work for the Organization. Regarding a supposed stipulation in her contract prohibiting her from speaking to the media, there is of course no such contract and no such stipulation in any UN contract. According to the longstanding media guidelines for UN personnel, staff may speak to the media on their area of expertise and to provide factual information. I was just not informed of that development. Inner City Press: I have other stuff, but on this Roselyn Akombe thing, I guess, I wanted… since I’d asked yesterday, so apparently, they did… it seems like the Nation did speak to her because that is how, that’s how it became public, and they did directly quote her as saying that she signed a new contract and that she’s not allowed to speak to the press about the Kenya elections. I want to know did she, in fact, sign a new contract? Will you confirm, given the fact that it appears clear that the Kenyan Ambassador demarched and said there was something wrong with the special leave without pay that was granted to go and work on an election and then call for the boycott of the election. What has the Secretary-General learned from this? Does he have any response to what the Kenyan Ambassador has raised, and why would she say it’s in the contract if it's not? Spokesman: "I don't know. I wasn't present when she gave the interview. What I can tell you is the fact that there is, no UN contracts do not have gag rules or staff contracts do not have gag rules that prevent people speaking to the press. There are media rules in place, people are encouraged to speak to the press in their areas of responsibility. That is a fact and that stands. Her special leave without pay was granted through the usual channels, and each case is examined on its merits." Yeah. From the November 2 transcript: Inner City Press: On Kenya, I was told last week Farhan [Haq], that Roselyn Akombe is on leave until the end of the year and I had asked whether Ambassador [Macharia] Kamau had somehow démarched the Secretary-General about [Ms. Akombe’s] role on the IEBC (Independent Electoral and Boundaries Commission) and things that she said. I'm asking you now because I see an interview in the [Daily] Nation of Kenya quoting Roselyn Akombe as, "'Yes, I'm back at my old job, but I am prevented from talking to the press. This was contained in the new contract I signed recently,' she said via phone." Maybe they talked to the wrong Roselyn Akombe but… or maybe talking to the wrong spokesman, but did she get her job back? Spokesman: It's… that would be… I can't vouch for the veracity of the quotes, but that's not the information I have, but I will be happy to look at what the [Daily] Nation says." It's here. We're waiting. On October 26 Inner City Press asked UN Deputy Spokesman Farhan Haq, transcript here: Inner City Press: Roselyn Akombe… this is the thing I wanted to ask on Kenya because it's about… so, I understand she doesn't currently… she was on leave of absence. Her Twitter page identifies her as UN Secretariat, New York. And my question is… although I don't necessarily… it's not a question of agreeing or disagreeing with the sentiment. She's tweetedElectionBoycottKE", which is obviously… it's a well-known hashtag in Kenya. It seems to be, pretty clearly, contrary to the staff rules or contrary to… I can't imagine an Ethics Office ruling that would say, while you're on special leave from DPA [Department of Political Affairs], you can tweet: boycott the election in Kenya. So, what I wanted to know is, one, while she's on special leave, is she supposed to identify herself as UN Secretariat? And two, is this consistent with whatever ethics exception was made at the request of Jeffrey Feltman to be tweeting "Boycott election KE" on the day of the election?Deputy Spokesman: I wouldn't pronounce myself on anything that's an action by someone who is on leave. If there's an issue for them upon their re-entry, we would have to resolve it with that staff member upon that point. At this stage, like I said, she's on leave until the end of this year. She… and so she does not act in UN capacity and shouldn't be identified as acting in a UN capacity. Inner City Press: So, she should… that should be removed… I mean, I'm wondering… can you see why the public sees UN Secretariat boycott election…? Deputy Spokesman: "Well, what I'm saying, clearly, from here is that, at this point, she's not acting in a UN capacity. You know, she is on special leave without pay, and that's been clear. If… like I said, if there are any issues that the Ethics Office needs to deal with, I will leave it to them to handle that." Right. On October 25, Inner City Press asked UN deputy spokesman Farhan Haq, UN transcript here: Inner City Press: Even before the Raila Odinga announcement, there was this controversy around the courts. I know that the UN and AU have called for, you know, obeying the courts, the rule of law. In order to rule… to rule on a request to postpone the election, it seems that some judges were definitely delayed if not physically attacked to… to… to bring about a problem with quorum. So, I'm wondering, is the UN actually… it's… it's… it made its statement. Is it following that? Does it believe that the Supreme Court was able to deal in a fair and partial and unimpinged way with… with the request to postpone the election?Deputy Spokesman: We're aware of the reports, but we don't have any way of verifying those particular reports of harassment. We want to make sure, however, that all those involved, including the court system, are treated with respect and are able to go about their work without any hindrance." Can't confirm? Where is Silent Sid Chatterjee, the son in law of Ban Ki-moon who put him atop the UN in Kenya without recusal? On October 23, Inner City Press UN Deputy Spokesman Farhan Haq about it, UN transcript here: This, again, goes back to Ms. [Roselyn] Akombe, because, since Friday, there's been an article in the Nation in Kenya in which Raila Odinga is quoted as saying he was in, quote, constant contact with… with Ms. Akombe, you know, speaks about death threats. But, in any case, it really calls into question the… the… the… it would seem important since she is… at least was and presumably still has a post at the UN, to have some kind of disclosure of what… how this took place. I asked on Friday whether the Kenyan ambassador, Mr. [Macharia] Kamau, demarched António Guterres for the entire situation around Ms. Akombe. He said he wasn't aware of a meeting. So now, three days later, can you confirm that? Because people upstairs, that's what they say. Spokesman: I have no meeting to confirm, as I pointed out the last time you asked this. Regarding Ms. Akombe, she is on leave and will continue to be on leave through to the end of this year. Inner City Press: My question is this. Okay. That's helpful. But my… there's a staff rule that says that staff shouldn't engage in politics. And I understand that it's said that she got a waiver in order to go initially to work at the [IEBC], but is that… is that a carte blanche? Is it something that needs to be sort of updated? Because you could… in… in… in principle, working for IEBC could not be a violation, but once it became as political as it did, was there any second review by the Ethics Office of whether this was putting the UN in an… in an unfortunate and… and… position in Kenya? Spokesman: I'm aware that the staff member in question did work with the Ethics Office and keep them informed as she was taking her special leave." We'll have more on this. Inner City Press asked about criticism of Guterres, including on the 38th floor, at noon on October 20. By 6 pm, Guterres' Department of Public Information now run by Alison Smale had sent Inner City Press a letter threatening its accreditation, based on the embarrassment of a UN official of what he said, and undefined reporting while on the 38th floor. (Haq refused to answer on this; we'll have more). On October 22, this: "The Secretary-General of the United Nations, Antonio Guterres, and the Chairperson of the African Union Commission, Moussa Faki Mahamat, continue to closely monitor developments in Kenya, in the light of the forthcoming presidential election. Recalling the ruling of the Supreme Court of Kenya of 1 September ordering the holding of a new presidential election, the Secretary-General and the Chairperson of the Commission express the United Nations’ and African Union’s commitment to assist Kenya in ensuring a credible and transparent process and upholding the constitutional process. In this respect, they call on all stakeholders to cooperate with the Independent Electoral and Boundaries Commission (IEBC), as the constitutionally-mandated body to conduct the election. " But IEBC figure Akombe, and the chair,cast doubt on the credibility of the election. Akombe's IEBC tenureshould never have been, given this in the UN rules: "In view of the independence and impartiality that they must maintain, international civil servants, while retaining the right to vote, should not participate in political activities." On October 19, Inner City Press asked UN Spokesman Stephane Dujarric if Akombe is back working at UN DPA - no, he said - and if the UN shares her view on the October 26 election, that it cannot be credit. That's her view alone, the UN spokesman said. Video here. Now Inner City Press is exclusively informed that Kenya's Ambassador to the UN, though not disclosed Guterres' schedule, met with Guterres about Akombe, highly critically. We'll have more on this.
Akombe wrote: "My decision to leave the IEBC will disappoint some of you, but it is not for lack of trying. I have tried the best I could do given the circumstances. Sometimes, you walk away, especially when
potentially lives are at stake. The Commission has become a party to the current crisis. The
Commission is under siege. It has become increasingly difficult to continue attending plenary meetings where Commissioners
come ready to vote along partisan lines and not to discuss the merit of issues before them. It has
become increasingly difficult to appear on television to defend positions I disagree with in the name of collective responsibility. I have concluded that I am no longer making any significant contribution to the Commission and to my country as a Commissioner." Now back to the UN as if nothing happened? On October 13, Inner City Press asked UN Spokesman Stephane Dujarric about Kenyatta's ban on protests and was told to ask the UN team in Kenya, headed by Siddharth Chatterjee the son in law of Dujarric's former boss and former UN Secretary General, Ban Ki-moon, UN transcript here, and below. Chatterjee, who was given the job by his father in law without recusal and is inordinately close with the Kenyatta government, has said little. But now UN experts from Geneva have issued a statement that "Kenya must lift its newly-imposed ban on protests in key cities, end police brutality during demonstrations, and halt attacks on the judiciary and civil society in the tense run-up to presidential elections on 26 October. Even before this ban was imposed, we were witnessing a pattern of police brutality and excessive use of force against protesters, as well as consistent harassment of judges and threats to civil society. The ban means no protests can be held in parts of Kenya’s three largest cities - Nairobi, Mombasa and Kisumu - until further notice. The experts said there was currently an alleged climate of impunity for law enforcement officers.. They highlighted a recent incident on 28 September, when 27 students and staff at the University of Nairobi were reportedly injured when police used tear gas, beat them with wooden clubs, robbed them and threatened them with sexual violence. A few days later, on 2 October, police reportedly used tear gas in a nursery in Nyalenda, injuring at least three children, while protests in some other parts of the country were also met with a heavy-handed response by security forces. The UN experts: Mr. Michel Forst, the Special Rapporteur on the situation of human rights defenders; Ms. Agnes Callamard, Special Rapporteur on extrajudicial, summary or arbitrary executions; Mr. Diego García-Sayán, the Special Rapporteur on the independence of judges and lawyers; Mr. Nils Melzer, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and Mr. David Kaye." Now if only UN experts would assess and spotlight those UN officials who are too close to, and cover up for governments who do these things, as in Myanmar, Cameroon and elsewhere.From the October 13 UN trancript: Inner City Press: You often say, you know, that the UN stands firmly behind the right to free association and… and protests. Most recently, you said that about Gabon, but I wanted to ask you. In Kenya very loudly the Government has outlawed protests in urban centres, so in a way, it's a pretty broad ban on protests, and I haven't heard anything that… that the UN in Kenya said about this. Can you say from here why they haven’t said it from there? [cross talk] Spokesman: "Well, our principle stands, and I think you have the phone numbers and email addresses of all my colleagues in Nairobi and you're free to ask them." Sid? Who blocks Inner City Press?
potentially lives are at stake. The Commission has become a party to the current crisis. The
Commission is under siege. It has become increasingly difficult to continue attending plenary meetings where Commissioners
come ready to vote along partisan lines and not to discuss the merit of issues before them. It has
become increasingly difficult to appear on television to defend positions I disagree with in the name of collective responsibility. I have concluded that I am no longer making any significant contribution to the Commission and to my country as a Commissioner." Now back to the UN as if nothing happened? On October 13, Inner City Press asked UN Spokesman Stephane Dujarric about Kenyatta's ban on protests and was told to ask the UN team in Kenya, headed by Siddharth Chatterjee the son in law of Dujarric's former boss and former UN Secretary General, Ban Ki-moon, UN transcript here, and below. Chatterjee, who was given the job by his father in law without recusal and is inordinately close with the Kenyatta government, has said little. But now UN experts from Geneva have issued a statement that "Kenya must lift its newly-imposed ban on protests in key cities, end police brutality during demonstrations, and halt attacks on the judiciary and civil society in the tense run-up to presidential elections on 26 October. Even before this ban was imposed, we were witnessing a pattern of police brutality and excessive use of force against protesters, as well as consistent harassment of judges and threats to civil society. The ban means no protests can be held in parts of Kenya’s three largest cities - Nairobi, Mombasa and Kisumu - until further notice. The experts said there was currently an alleged climate of impunity for law enforcement officers.. They highlighted a recent incident on 28 September, when 27 students and staff at the University of Nairobi were reportedly injured when police used tear gas, beat them with wooden clubs, robbed them and threatened them with sexual violence. A few days later, on 2 October, police reportedly used tear gas in a nursery in Nyalenda, injuring at least three children, while protests in some other parts of the country were also met with a heavy-handed response by security forces. The UN experts: Mr. Michel Forst, the Special Rapporteur on the situation of human rights defenders; Ms. Agnes Callamard, Special Rapporteur on extrajudicial, summary or arbitrary executions; Mr. Diego García-Sayán, the Special Rapporteur on the independence of judges and lawyers; Mr. Nils Melzer, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and Mr. David Kaye." Now if only UN experts would assess and spotlight those UN officials who are too close to, and cover up for governments who do these things, as in Myanmar, Cameroon and elsewhere.From the October 13 UN trancript: Inner City Press: You often say, you know, that the UN stands firmly behind the right to free association and… and protests. Most recently, you said that about Gabon, but I wanted to ask you. In Kenya very loudly the Government has outlawed protests in urban centres, so in a way, it's a pretty broad ban on protests, and I haven't heard anything that… that the UN in Kenya said about this. Can you say from here why they haven’t said it from there? [cross talk] Spokesman: "Well, our principle stands, and I think you have the phone numbers and email addresses of all my colleagues in Nairobi and you're free to ask them." Sid? Who blocks Inner City Press?
