COAST PEOPLES DEMOCRATIC

Coast Was Different

From Kenya MOVEMENT
P.O. BOX 80386-80100
MOMBASA
Tel: 0721-275785/0734-018011
MOTTO: IN GOD WE SHALL CONQUER Email: cpdmmsa@livemail.com

Regional Police Commander, 13.03.2019

Kenya Police Coast,
Mombasa.

Dear Sir,

NOTICE OF PRE – SECESSION CONFERENCE

You are no doubt aware that the Appellate Court has legitimized secession when pursued
in a peaceful and constitutional manner without breaching the penal code which is our
core objective. The determination was made as under, Appeal 275 of 2012 ruling Art. 57 page 31
states inter-alia “..the appellant’s (GOK) contention that the respondents agenda of secession is
unconstitutional has no basis in law. The respondent have a constitutional right to demand secession but that
can only be done within the confines of the constitution as stipulated under Articles 255, 256, 257 of the
constitution. Article 255 provides for amendment of the constitution if the amendment relates to the territory of
Kenya or the sovereignty of the people. The ruling further states inter alia “…we people of Kenya ,in adopting,
enacting and giving the new constitution to ourselves…we recognized a constitutional right to secession…
.,What the government cannot do is to take away a constitutional right of a people under the guise of
preservation of national security ---- Kenyans are better off living in unity as one sovereign state but we must
realize the unity cannot be preserved by force either by government or any community” …it is not
unconstitutional to agitate for secession in a constitutional peaceful manner……. it is a violation of the
constitution for the government to use force even on unregistered groups for pursuing an agenda of secession.”
Article 50 pg. 27 of same ruling states “ None of the criminal cases referred to in the affidavits (by GoK)
involve offences connected to propaganda for war, incitement to violence itself, hate speech or advocacy of
hatred.’ Meaning these limitations of article 33 (Freedom of Expression) were not breached as accused or
alleged. This is a GoK appeal court ruling.

CPDM and the under signed won criminal case no. 162 of 2014 at Garsen against GoK for similar accusations
for lack of evidence in September 2017 and Appeal Case 73 of 2015 wherein the Registrar of Societies was
ordered to register CPDM as a society. Contempt of court proceedings against the registrar are pending for
hearing at the High Court Mombasa.

Even though we are not intending convening an open political rally but a closed door conference of delegates
from the six Coastal counties, as a matter of courtesy as individuals and citizens we wish to inform you
upfront of our intention for this conference, more specifics will be availed to you once our plans are complete.
We are doing this for a number of reasons, to forestall upfront any accusations by anybody, press or institution
to link the conference with any of the proscribed groups or any other questionable local or international; to give
the conference an identity with specificity of CPDM as a grouping; to demonstrate our honesty of commitment
to constitutional, lawful and peaceful methods made during the judicial processes, to Gok and the public; to
meet the democratic and constitutional threshold of public participation under article 10(2) of the constitution as
we insulate and midwife the process of the struggle.

Kindly note that as individual citizens we have the right to hold this conference anchored in the same ruling
above article 38[c] gives the right to every citizen to campaign for a political cause secession is such cause, it
states “ The respondents (who were individuals)have the right to form a political party or movement to
campaign for secession Article 38 (Political Rights ) of the constitution even without the uninvited advice of the
High Court guarantees that right.” This Article states, “ Every citizen is free to make political choices which
includes [c ] to campaign for a political party or CAUSE our emphasis. The Supreme Court opens a new
dimension in Petition no 9 of 2013 in its ruling conceding the word person under Article 260 of the constitution
includes a company, association, or other body of persons whether incorporated or unincorporated. Artcles 33
(Freedom of Speech) 36 (Freedom of Association( and 37 (Freedom of Assembly) are to be enjoyed by every
person that includes in the context of art. 260 of the constitution. This is fortified by Supreme Court case no. 29
of 2014 ruling Mumo Matemu Vs Trusted Society of Human Rights Alliance & 4 Others it states……”It is to
be inferred that the respondent did not lose its locus standi, even if it were to be assumed to have lacked
registered status.” Even though this may sound contentious there alternative provisions under the constitution
that legitimizes the holding of this conference as indicated above not withstanding international law which is
part of our constitution that expressly recognizes the democratic right of a people to self determination. The
government has not appealed to the supreme court all the appeal rulings and criminal case mentioned above
over two years since the verdicts were made, it means, that the government has accepted the rulings and the
interpretation of the constitution legitimizing secession by the court of appeal; that the government recognizes
WITHOUT equivocation the legitimate right to secession by the Coast spearheaded by CPDM; that GoK was
willing and ready for the campaign of legitimate civic education, agitation of secession and its processes. We
are doing everything possible to obey the law and the constitution, any government, anybody or institution that
does not obey a countries laws will not obey those of God either even if they are led by an angel.
Yours faithfully,

M.J.Maro.
EXECUTIVE CHAIRMAN.
C.C. Attorney General.
British High Commission Nairobi.
Secretary General NCCK Nairobi; S.G. Commonwealth
Secretary General Coast Interfaith Council of Clerics Trust.
Secretary General United Nations; African Union; East African Community
U.N High Commissioner for Human Rights.
Minister for Internal Security- Kenya.
Inspector General of Police- Kenya.
Chief Justice of Kenya.
U.S. Embassy- Nairobi.
E.U. & Member Countries Embassies- Nairobi.
Baraza Kuu La Wazee Wa Pwani.
Council of Elders – Tana River county, Mombasa County, Kwale County, Taita –
Taveta County, Lamu and Kilifi Counties.
Law Society of Kenya
County Commissioners – Coast- Msa, Taita, Lamu, Tana- River, Kwale. Kilifi.