In this preliminary response, the Government rejects the findings and recommendations
made in a press statement middle by the UN Special Rapporteur Prof. Philip Alston.
The Government is concerned that the UN Special Rapporteur Prof. Philip Alston has
made such far reaching conclusions and recommendations on the basis of his Interim
The Government is further concerned that such a report has been released without
having sought a Government response in accordance to the principles of natural
justice, and international practice.
The preliminary report issued today went beyond Prof. Alston's mandate, and does
not encourage dialogue and appears to have, been made in bad faith almost impinging
on matters of sovereignty especially as it relates to executive prerogative to appoint.
The Government finds it inconceivable that someone who has been in the country for
less than ten days can purport to have conducted comprehensive and accurate research
on such a serious matter, as to arrive at the recommendations he made.
The Government will issue an effective and comprehensive response once it receives
the full report, which should be submitted as soon as possible by Prof. Alston.
Dr. Alfred N. Mutua, EBS
PUBLIC COMMUNICATIONS SECRETARY/GOVERNMENT SPOKESMAN
25 February 2009