- In the run-up to the 2007 elections, Members of Parliament began devising creative ways to secure gratuity payments for themselves at the end of their term. Amid this, a bold move was made one morning text messages and emails were sent out to various individuals and organizations, calling for a protest in the heart of Nairobi’s Central Business District. The plan to challenge the MPs’ actions was born.
The journey began at the VIPA office at Norwich Union Towers, a political party led by Anthony Kibagendi, Ben Mulwa, Charles Munyui, and Philip Koech. It was there that the movement gained momentum with the help of individuals like Jeff Nyamboga, who was deeply committed to political activism, and George Nyongesa, who was briefed about the demonstration planned for Thursday. However, urgency took over, and the protest was moved up to Wednesday.
As the protestors approached the Parliament Buildings, tear gas filled the air. The police swiftly dispersed the crowd, arresting key activists such as Okiya Omtata, Ouma Odera, Mwalimu Mati, Cyprian Nyamwamu, and Ann Njogu. The day became chaotic, with running battles and the sting of tear gas lingering well into the night. In the middle of this turmoil, Health Minister Charity Ngilu attempted to negotiate the release of Ann Njogu, creating an even greater stir.
The next day, the situation escalated further when Internal Security Minister John Michuki ordered the arrest of Charity Ngilu. This prompted a fresh wave of protests, with activists marching to the DCI headquarters in support of Ngilu’s release. After yet another confrontation with the police, many were arrested, including Kepta Ombati and several other key figures. They were charged with unlawful assembly, demonstrating without a permit, and causing a disturbance.
The night in police custody was a trying experience. At Muthaiga Police Station, the group was processed, fingerprinted, and placed under arrest. The charge sheet listed Philo Ikonya and nine others, all facing serious charges. The next morning, the defendants were taken to court, uncertain of the outcome. However, the situation turned in their favor when 22 of the country’s leading lawyers arrived to offer their support.
Among them was Pheroze Nowrejee, who stepped in as lead counsel. His commitment to human rights and pro bono representation played a critical role in securing the freedom of the arrested. With him were legal giants such as James Orengo, Paul Muite, Elisha Ongoya, and Harun Ndubi, who worked tirelessly to ensure a fair outcome. The group was eventually released on bail after well-wishers, including IMLU and Gacheke Gachihi, raised the necessary funds.
Outside the Makadara Law Courts, one of the supporters, Wafula Buke, remarked that those involved in the protest had undergone “baptism by fire” as revolutionaries. The intensity of the struggle was something that would stay with the activists for years to come. The case dragged on for four years, with the final judgment acquitting the defendants, thanks to the skillful representation of Harun Ndubi and Elisha Ongoya.
The news of Pheroze Nowrejee’s passing today brings to mind the immense gratitude felt for his role in securing the freedom of many. His dedication to defending human rights and his selfless service to the cause will never be forgotten.
Pheroze’s legacy lives on, and his contribution to advancing justice will continue to inspire future generations. Sincere condolences go out to his family, and heartfelt thanks are extended to him for his unwavering support in the fight for a better, fairer Kenya.
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