Kenya High Court lifts ban on separatist group

Kenya's High Court lifted a ban on Wednesday on a separatist group whose campaign for the secession of the country's coastal strip and famed tourist haven has unnerved investors and raised fears of violence.

The Kenyan government outlawed the Mombasa Republican Council (MRC) in 2010 along with 33 entities it described as "organised criminal groups". But the Mombasa-based court ruled that the ban was unconstitutional.

The ruling could pave the way for talks between the MRC and the government, which has ruled out negotiating with an outlawed group. However, the government said it would appeal the decision and showed no immediate sign of softening its stance toward the movement.

Protests
Hundreds of MRC supporters marched in the streets on Mombasa city, Kenya's second largest, waving twigs and shouting 'Pwani si Kenya' or 'The Coast is not Kenya' after the group won its case to reverse the ban on its activities.

In its ruling, the three-judge court said there was no evidence that the group had engaged in any criminal activity. It said the MRC, like any other Kenyans, has rights under the law including that to promote a political agenda that called for secession.

Justice Francis Tuiyot, however, stressed that any call for secession must be expressed in a fair and democratic manner - and in no way incite war, violence or hate speech.

Political party
He said the MRC should be registered as a political party, and that the court's decision should not be seen as an endorsement of secession.

"The court has been able to deduce that MRC is a political movement. Secession is a political agenda. The court therefore grants MRC a chance to enjoy their political right. They should organise and register as a political party," Tuiyot said.

In a statement, Attorney-General Githu Muigai said he would appeal the court's decision. "Any group or organization challenging the constitutional authority and territorial integrity of the Republic of Kenya cannot enjoy protection by the constitution," he said.

The statement did not say when the appeal would be filed.

Potential flashpoint
President Mwai Kibaki has flatly rejected the MRC demand for secession, refusing any negotiations on this point. Other grievances raised by the group include the lack of jobs and land for the indigenous people of the coast.

The MRC chairman has said the group would boycott and disrupt voting on the coast in national elections scheduled for March 2013 if its demand for secession is not met by authorities in the capital, Nairobi.

Analysts fear this could turn the tourist hotspot - with its sandy beaches and pristine waters a jewel in the East African nation's economy - into a potential flashpoint, fuelling wider fears of ethnic violence and riots during the elections.

"The ruling will ease the tension. Both sides now need to talk," said Mzalendo Kibunjia, who heads a national agency formed to reconcile tribes after post-election violence in 2007 killed more than 1,200 people.

Source: Reuters