(NDIMA/IFEX) – Following the decision by the Non-Governmental Organisation Bureau (NGOB) to deny NDIMA registration as a non-governmental organisation (NGO), NDIMA lawyers have lodged an appeal with the Minister of State in the Office of the President. **Updates IFEX alert of 5 March 1998** Background Information Almost two years after applying to the NGOB for […]
(NDIMA/IFEX) – Following the decision by the Non-Governmental Organisation
Bureau (NGOB) to deny NDIMA registration as a non-governmental organisation
(NGO), NDIMA lawyers have lodged an appeal with the Minister of State in the
Office of the President.
**Updates IFEX alert of 5 March 1998**
Background Information
Almost two years after applying to the NGOB for registration as an NGO, IFEX
member NDIMA was notified that it had been refused registration. A letter
dated 15 December 1997 advised NDIMA that it had sixty days in which to
appeal the decision of the NGOB’s Board if it was not satisfied with the
ruling, which it could do by contacting the Minister of State in the Office
of the President.
On 6 January 1997, NDIMA’s Programme Coordinator received two letters from
the NGOB, one acknowledging receipt of NDIMA’s application and the other
approving the name of the organisation. On 28 February 1998, NDIMA received
both the certificate of refusal and the NGOB’s letter of 15 December 1997,
in an envelope postmarked 25 February 1998. This meant that the sixty-day
appeal period (which began on 15 December 1997) had expired while the letter
was still in the hands of the NGOB.
Failure to receive registration as an NGO would render NDIMA an illegal
organisation and mean that it could not operate under Kenyan laws. According
to NDIMA, the Kenyan government is increasingly scared of any international
forum that reports on human rights violations in Kenya. NDIMA believes that
its work in human rights/freedom of expression made the NGOB uneasy and
resulted in its denial of registration.
The following is the full text of the appeal written on NDIMA’s behalf:
Laibuta & Associates
Salama House
4th floor
Mama Ngina/Waber Street
Our Ref: (A)439/96
Your Ref:
6 March 1998
The Minister of State
Office of the President
Harambee House
Harambee Avenue
Nairobi,
Dear Sir,
Re: appeal against refusal of registration of Network for the Defence of
Independent Media in Africa
We act for Network for the Defence of Independent Media in Africa, proposed
to be registered as a non-governmental organisation and have instructions to
appeal against refusal to register against the NGOs Co-ordinations Board’s
refusal to register.
Our clients’ application for registration was submitted to the N.G.O Bureau
on 6 December 1996. We believe that all procedural requirements were
complied with, including full and accurate disclosure of facts and objects
of the proposed organisation.
By a certificate of refusal dated 9 December 1997, our clients were notified
of the Board’s decision to refuse registration under S. 14 of the
Non-Governmental Organisations Co-Ordination Act of 1990. The certificate
was sent by ordinary post in an envelop post-marked 25 February 1998. The
same was received on 28 February 1998, over sixty days from the date of the
certificate. We humbly presume that the period of sixty days within which to
appeal to your offices runs with effect from the date of receipt of the
certificate of refusal which, in any event, was mailed more than two months
after the making and certification of the decision.
The Board did not, in its certificate under S.14, disclose which among the
three grounds, set out in Clauses (a), (b) and (c), led to the decision to
refuse registration. Our client was not afforded the opportunity to fairly
present its case or be heard in the matter before the Board’s decision,
which arbitrarily stands in the way of our clients’ bona fide objectives.
With great respect for the Board’s discretion, we humbly submit that our
clients are still in the dark as to the reasons for which registration was
refused and that the Boards’s summary decision strikes a heavy blow on the
proposed noble media organisation whose objectives greatly complement the
government’s commitment to civil liberties enshrined in our constitutional
fundamental rights and freedom including freedom of expression facilitated
by free press, which the organisation seeks to promote.
Sir, it is our honest belief that your Ministry’s commitment to these
[liberties] and noble values will motivate your decision to reverse the
Board’s decision against which we hereby appeal and that the government’s
spirit to promote and protect the aspiration of free and independent media
will be reflected in your kind grant of this appeal. Our clients’ good
intentions are demonstrated by their long standing commitment to
professional journalism. Their positive aspirations will be highly rewarded
by your kind consideration in favour of their registration as previously
sought.
Yours faithfully,
LAIBUTA & ASSOCIATES, ADVOCATES
K.I LAIBUTA
cc
The Chairman
NGOs Co-ordination Board
Recommended Action
Note: NDIMA is requesting all partners, friends and all human
rights/freedom of expression groups to join the campaign to get NDIMA
registered by the Non-Governmental Organisations Bureau.
consideration of the following:
1. NDIMA’s work in the promotion of a free and independent press in Africa
has received international recognition
2. All procedural requirements were complied with before and during the
submission of application for registration
3. There seems to have been irregularities in the way the decision to deny
registration was communicated
4. No satisfactory reasons were given for the refusal to register
5. The decision not to register NDIMA runs counter to Kenya
Government-pronounced commitment to civil liberties as enshrined in the
Constitution
Appeals To
Minister of State
Office of the President
Harambee House
Harambee Avenue
P.O Box 30510
Nairobi, Kenya
Tel: +254 2 227411
Fax: +254 154 240439
Please copy appeals to the source if possible.
