(CRN/IFEX) – CRN has received a report that early in February 2006 a cartoonist for the Nairobi-based “The Daily Nation”, Godfrey Mwampembwa, was served with a letter from the solicitors of Minister of Justice and Constitutional Affairs Martha Karua. This action was taken in response to a cartoon that depicted a press conference dealing with […]
(CRN/IFEX) – CRN has received a report that early in February 2006 a cartoonist for the Nairobi-based “The Daily Nation”, Godfrey Mwampembwa, was served with a letter from the solicitors of Minister of Justice and Constitutional Affairs Martha Karua.
This action was taken in response to a cartoon that depicted a press conference dealing with the AngloLeasing scandal. In the cartoon, Mwampembwa, known as “Gado”, attributed a comment to the character that seemed to be in Karua’s likeness. In the letter to her solicitors, Karua claimed she had not made a comment during the press conference like the one featured in the cartoon.
This is the same minister who, two years ago, filed 16 suits against the media, including one against the cartoon publication “Penknife”.
Karua, through her solicitors, threatened to take legal action against Mwampembwa unless the cartoonist adheres to “the rules of accuracy and fairness in reporting, failing which our client will seek legal redress”.
CRN has written a letter to the minister, through her solicitors, pointing out that journalists exercising their free speech rights are protected under Kenya’s conventions and under Article 19 of the UN Declaration of Human Rights.
The following is the CRN letter to Minister Karua:
S.W. Ndirangu & Co.
PO Box 47520-00100
Jubilee Insurance Exchange
5th Floor no. 537, Kaunda St.
Nairobi, Kenya
snwakili@yakoo.co.uk
Sir,
Concerning your letter to our client, Mr. “GADO”, we would like to remind your good self and your client, the Honorable Mrs. Martha Karua, that the government of Kenya is a signatory to the United Nations Declaration on Human Rights. Within this convention (Article 19) are statements that guarantee all citizens of signatory countries the right to free expression and speech. By agreement, these conventions take precedent over local law. An editorial cartoonist’s job is to provoke commentary, dialogue and opinions. They do not report facts; they are commentators, an integral part of the balance of power between a government and its citizens in any democracy.
We advise that the Cartoonists Rights Network and its extensive system of editorial cartoonists around the world assures you of our cooperation and consideration in this matter, assuming that your client understands that further actions against our client would be considered illegal under the noted international convention and such action would attract the interest and action of our hundreds of editorial cartoonist members worldwide.
On a personal note, sir, I point out that when a government official accepts an appointment of high office and, for that matter, when a political party assumes governing powers, there is an assumption that they accept the responsibility of implementing the country’s Constitution. This is over any other political interest. Any restrictions on the freedom of the press constitute a betrayal of that assumption.
Most sincerely,
Dr. Robert Russell
Executive Director
