Category Archives: Holand

Kenya: PNU’s ICC Deferral push is Class Conspiracy

From: Kennedy Odhiambo

Kenya’s constitution states that all people irrespective of their status in society are equal before the law. But the theatrics we are witnessing as PNU tries to defend the “Ocampo Six” at all cost is purely a class conspiracy.

When youth were arrested in Rift Valley and elsewhere after the Post-Election Violence, PNU strongly supported their trial in courts. Some were incarcerated while others were released after courts failed to get evidence to link them with the violence.

Now, the big question every ordinary Kenyan is asking is if the ICC prosecutor and judges have enough evidence linking the six with violence why should they go and defend themselves? It shows that in Kenya the law can only be applied to the poor not the rich.

Ken

ICC & Kenya: The Law at the ICC Hague should provide the Corner-stone Resolution

Folks,

There is a tag-of-war between the coalition Government between PNU members and ODM that which is based on conflict of interests and is amounting to Kibaki engaging in Abuses of Office amounting to public civil mistrust where gross violation of the Government Institution is used to undermine The Constitution through gross misconduct and the misuse of facilities contrary to his Oath he took to uphold and honor. Kibaki’s behaviour and attitude absconded from the fundamental Reform of Institution of the Government he swore to observe and uphold in order to stop corruption and impunity coated with careless assassinations and intimidations, with unavailability to fair and just Rule of Law; him and his cronies have engaged in excessive indulgences in corruption, impunity and graft even after diverse popular public outcry he turned his head the other way from stopping abuses and corruption, but his actions were seen as fueling them. It has been notworthy his stand is solid with the Ocampo six who are going round the country chest-thumping and bragging, while they are busy shuttling the world spending taxpayers money to obstruct justice from taking place at the ICC Hague, knowing too well that they are not willing or are at any time soon, have a wish to institute Local Tribunal. Kibaki and his PNU team are standing on the way for Reform because they are unwilling to implement the New Constitution specifically the Federal Governance (Majimbo) rulership that of the public interest and which was voted overwhelmingly at the Referendum.
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They are seen to be in a severe conflict of interest more specifically, the reason they have compromised public interests to those of their personal and private interests for the quest of Complex Trade Secrets, that which involves International Intelligent Property theft and cases of commercial Litigation, and where Civil Antitrust Investigation is necessary and mostly urgent.
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Kibaki and his PNU team have grossly violated and committed serious crimes of Human Rights and abuses of very high magnitude and did not protect constitutional values nor the promotion to peaceful existance for purposes of National Unity.
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This is the reason Kibaki is striving very hard to protect the Ocampo six from facing justice at the ICC Hague trial…where he is aware that according to Law, the State cannot take side on injustices or cover or obstruct justice from taking place, especially when the Parliament had given Ocampo authority and powers to assume responsibilities to take charge on the matter. For this case, he had squandered more than $600,000 million in the shuttle of the Mission Team led by Kalonzo Musyoka to block and obstruct justice at the UN Security Council. Within his Office supervision and authority, he also commissioned people to sign petitions against the ICC Hague for deferrals against the people public interests and against a serious outcry from the international public forum.
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The state has no business to take sides in the ICC trials; the state is not on trial. Not unusually for him, he has reneged on his promise to cooperate with the ICC. He has illegally squandered large sums of public money lobbying for the deferral of the trials. Provincial administration under his office has coerced people into signing petitions against the ICC.

His recent nominations for the CJ, AG and DPP were made in bad taste at which he prompted massive and overwhelming condemnations locally and abroad and against public interests which were illegal, unlawful and unconstitutional, seen to be of suspesious motives with intent to defraud and impose acts of improper lawlessness procedures before he was able to recind down.

The marriage of convenience between China and Kibaki is for the 300% gainful interests for the Chinese Government, compaired to gains by the Republic people’s interests that are seen to be robbing the Republic people of Kenya and Africa. They are engaged in Complex antitrust in Commercial Trade Secrets of Intellectual Property Criminal Theft through the engagement of Colonialism Slavery …. which they have to answer and compensate through the International Criminal Court, the ICC Hague, the reason they are backing the support for referral on the Ocampo Six who they have in cohort with Libya stolen public utilities, facilities and resouces, including land for Agriculture for their own business gains, Migingo, Lake Victoria Mining, Lamu Mining, Rift Valley Railways, etc., etc., while they are doing nothing to improve lives and situations of excessive poverty, hunger and sickness of the people of Kenya and Africa. The Country of Kenya and other Nations in Africa are solerly owned by the People Public of Kenya with those of other African Nationals. It is whose interests Mutual contracts between China, Libya and the Government should be engaged in benefiting as stakeholders.
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All these tactful maneuvres are noted with sadness as delaying tactics since immediately he summoned the Parliament to recess when urgent matters are pending and are behind scheduled time-table for National Reform Accord Agenda.

Kibaki must be rounded up with the Ocampo six to face justice at the ICC Hague with cases including:

(1) He is running the government as a personal private business, not a public institution under the constitution, to protect the Public and that of National interest objectively.

(2) He uses state taxpayers public money for unlawful private interests

(3) He has refused to releave Uhuru, Muthaura, Kimunya, John Michuki, Saitoti, Sam Ongeri and others off their public services, who are suspects of various serious offenses contravening the Law and are of abusing their Offices in conflicts of interests that require investigations while out of public offices

(4) that Kibaki has shown little respect for international law and the United Nations that were ratified by Kenyan law and are part of Kenyan Laws

(5) that Kibaki has totally neglected his official duties according to his Oath of Office he swore to uphold

(6) that Kibaki has magnified ethnic conflicts and disunity and marginalization to a high level instead of promoting national unity for common good and purposes, the reason he is against Federalism

(7) Kibaki has nominated candidates for constitutional office without proper background checks or scrutiny for compatibility with Chapter 6

(8) that Kibaki has continually consorted and conspired with ministers who are being investigated for charges with crimes against humanity

(9) That Kibaki is seen to be continuing with politics of impunity, where Police are still shooting in assassination style without the law taking its due charge, and the police go scott-free

(10) The Mungiki are still in the employment of the police as special police recruits
These and many others make Kibaki liable to face charges at the ICC Hague including Kalonzo Musyoka, Saitoti to join the Ocampo six.

I hope the above will necessitate a wrap-up situation for the ICC Hague Judges to make possibilities of consolidating Complex Public Commercial Litigation and Legal Civil Antitrust Representation so we can settle matters amicably the Legal Way for the sake of Peace and Unity, Reconcilliation and Reconstruction away from constant too much talk, push and shove.

We have talked, pushed and shoved enough, it is time for action to take its Legal causeway. It is time where the incorrigible above the Law personalities will begin to adjust and respect the Institution of Law irrespectively……especially incase they are too powerful for their Local Country Legal institutions and are untouchable…..Conditions must force them to begin to understand that, Law is Law and their ways must change accordingly. This is because, Law and Order is a pre-requisite for good peaceful living, which we all are obliged to obey without malice.

What a wonderful world it will be !

Thank you all,

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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Kibaki Thanks China Over ICC Deferral

18 March 2011

Nairobi ? President Kibaki has thanked China for supporting government’s bid to defer the post election violence cases for a year.

He said Kenya’s engagement with the international community over the deferral was aimed at entrenching peace and security in the country.

President Kibaki made the remarks during discussions with the visiting Vice Premier of the People’s Republic of China, H.E. Wang Qishan at State House, Nairobi Friday.

The Head of State told the Vice Premier that the one year deferral would accord the government time to establish a credible local judicial system to try the six suspects behind the post-election violence.

The Vice Premier noted that China supported home grown solutions that would help Kenya overcome any challenges it faced including the ICC process.
The Vice Premier pledged his country’s support for the initiatives Kenya is taking to deal with its domestic issues as a sovereign nation.

Terming China as a dependable development partner, President Kibaki acknowledged that the two nations have had a fruitful cooperation between them on matters of international concern, citing piracy and terrorism among others.

“Over the years, Kenya has benefited substantially from the financial and technical support extended by your government, making China one of the leading bilateral donors to Kenya today. This assistance has had considerable impact on Kenya’s social economic development,” said the President.

At the meeting, Kenya and China signed ten agreements in various economic and social fields that will see China fund projects in Health, Infrastructure and other fields of progress.

Saying the relation between Kenya and China continues to flourish in many sectors including Agriculture, Education, Trade and Tourism, President Kibaki reaffirmed the government’s commitment to also continue cooperating in areas of peace and security.

Recalling his visit to China last year during which he held fruitful discussion with the country’s President Hu Jintao, the Head of State said Kenya and China undertook to maintain high level visits contacts to expand and strengthen the bilateral relations.

President Kibaki was among few Heads of State and government invited by China to grace the opening of Shanghai World Expo 2010.

China’s financial and technical assistance to Kenya within the years, which runs into billions of shillings, has made significant impact to the country’s social-economic development, said the President.

Among the ongoing projects financed by the government of China through concessionary loans and Preferential Buyers Credits and at various stages of implementation include expansion of Nairobi- Thika Highway, construction of Nairobi Eastern and Northern by-passes and Kenya Power Distribution Modernization Strengthening projects.

“This cooperation has similarly been advanced through the Forum for China-Africa Cooperation (FOCAC) which is anchored on the FOCAC action plan 2010-2010. The plan was adopted during a Ministerial Conference held in Egypt in November last year,” The President added.

Reiterating Kenya’s support for a one China Policy, President Kibaki, at the same time, supported efforts by the international community for tackling climate change and other associated problems in realization of a green economy.

Besides bilateral talks the President and the China’s Vice Premier discussed various regional and international issues of common interest including the security situation in the Great Lakes region, the horn of Africa and the Africa continent.

The Head of State stressed that the piracy problem in the Indian Ocean and the Gulf of Eden can only be solved through enhanced participation of all UN member states.

Appreciating China’s determination and continued support to full implementation of the Sudan CPA, President Kibaki expressed the government commitment to regional peace and stability especially in the great lakes region and the horn of Africa.

Following the outcome of the recent referendum in the Southern Sudan, the Head of State said, Kenya looked forward to continue working closely with China to ensure establishment of two friendly and viable sovereign states in the Sudan living peacefully side by side.

Later at State House Nairobi, President Kibaki and the Chinese vice Premier witnessed the signing of ten agreements on economic, financial and technical cooperation between the two countries.

The deputy Prime Minister Uhuru Kenyatta and Trade Minister Chirao Ali Makwere signed on behalf of Kenya while the Vice Minister for Commerce Mr. Fu Ziying signed on behalf of China.

The visit by the China’s Vice Premier responsible for Economic and Financial Affairs, which is his first in Kenya and Africa, is aimed at further strengthening the good political relations existing between the two countries.

The China’s delegation in the talks included the president of China Exim (Export-Import) bank Mr. Li Ruo Gu, Chinese Ambassador to Kenya Liu Guangyuan, Vice Minister of Foreign Affairs Mr. Zhai Jun and the deputy Secretary General of the State Council Mr. Bi Jingquan.

In attendance were Deputy Prime Minister and Finance Minister Uhuru Kenyatta, Cabinet Ministers Ali Chirau Mwakwere, Prof. Hellen Sambili, Dalmas Otieno, Amos Kimunya, Franklin Bett, Prof Anyang’ Nyongo and Assistant Minister Richard Onyonka, Head of Public Service and Secretary to the Cabinet Francis Muthaura and other senior government officials.

During the grand occasion ten agreements were signed touching on cooperation on various sectors of the economy among them Trade, Investment, Economic and Technical Cooperation, Free-Interest Loans, Bilateral training for Kenya Government Officials as well as provision of Concessional Loans.

UN Council Rejects Kenya’s Deferral Bid

Murithi Mutiga

19 March 2011

Nairobi ? Kenya’s bid for the suspension of International Criminal Court action against the Ocampo Six has flopped following a rejection of the plea by key UN Security Council members.

An informal meeting between Kenyan envoys and members of the council on Friday yielded no breakthrough for Kenyan officials. UN Security Council members including permanent members US, Britain and France said they would reject the request.

A veto by any of the three countries would be enough to doom the mission, championed by President Kibaki’s allies, for a deferral of ICC action.
The Reuters news agency quoted French ambassador to the UN Gerard Araud saying Kenya stood no chance for success when asked if the Security Council might accept the request.

“No, I don’t think so. The conditions of the implementation of Article 16 are not fulfilled.”
Article 16 of the Rome Statute, which set up the ICC, allows the Security Council to suspend the court’s proceedings if prosecutions at The Hague would constitute a threat to international peace and security.

“Every council member has told them individually that their request will be rejected,” a council diplomat told Reuters on condition of anonymity.
“One point of today’s (Friday) meeting was for the council to collectively make that clear to the Kenyans.”

The rejection by the Security Council will come as a setback to government, which has been on a shuttle diplomacy led by Vice President Kalonzo Musyoka, to lobby the UNSC to postpone The Hague trials.

In December, ICC prosecutor Luis Moreno- Ocampo named Finance minister Uhuru Kenyatta, head of Civil Service Francis Muthaura, Postmaster General Hussein Ali, MPs William Ruto, Henry Kosgey and radio presenter Joshua arap Sang as the men bearing the greatest responsibility for the post election violence that killed 1,133 and 650,000 uprooted from their homes.

The Ocampo Six have been summoned to make an initial appearance on April 7 and 8. They have indicated readiness to obey the summonses.

The six are separately charged with murder, rape, deportation, torture and other inhumane acts.

Ocampo seeks harsher charges on Kibaki men

By Alex Ndegwa and Cyrus Ombati

International Criminal Court Chief Prosecutor Luis Moreno-Ocampo wants far more serious charges preferred against three of President Kibaki’s associates whose written summonses arrived this week.

Ocampo also contends his case could be undermined by the judge’s re-classification of the crime of forced circumcision, which he puts under “sexual offences”, to “other inhuman acts” by the chamber. If he is granted leave to appeal, he will be arguing the judges did so “without explanation of legal support”.

The prosecutor argues the three — Uhuru Kenyatta, Francis Muthaura and Hussein Ali — were among Government officials who presided over systematic executions targeting perceived Orange Democratic Movement supporters.

The objective, he argues, was to keep President Kibaki and his Party of National Unity in power. He describes the action of the Deputy Prime Minister, Head of the Civil Service, and then Police Commissioner as an answer to ODM’s own organised attacks against PNU supporters in its strongholds.

He also explained that though Mr Uhuru was not in Government at the time he had been either in or worked closely with it in the past.

The judges had ruled Mr Muthaura, who is the chairman of the National Security Advisory Council, Ali, who was the police chief during, and Uhuru, being State agents could only be charged if they had acted pursuant to a “State policy”. Ocampo in his application for summons against them did not submit a plea for a “State policy” in attacks against ODM supporters. He said evidence did not support such a conclusion. Consequently, the judges also rejected the contribution of the police to the crimes in Kisumu and Kibera.

News of Ocampo’s appeal came as Kenya Police served summonses on some of the six individuals. Kass FM Radio presenter Joshua arap Sang was the first to be served with his summons by the deputy director of police reforms, Kingori Mwangi.

The Standard has also confirmed Kingori later served Muthaura, Uhuru and Ali. They each had to sign a document showing they had received the summonses. Sang’s lawyers Kimutai Bosek and Katwa Kigen witnessed the service and told him to sign the delivery note.

Summons

Kingori and Sang signed the paper showing the service was conducted at the Kass FM studios along Dennis Pritt Road. A letter by Commissioner of Police, Mathew Iteere, which asked Sang to acknowledge receipt, introduced the summons: “I have received summons from the Hon Attorney General Amos Wako. I ask you to acknowledge receipt of the same.”

“He told me he had my summons from The Hague and we agreed they be delivered here today (yesterday) morning. He sent Kingori and we acknowledged receipt,” added Sang.

For Moreno-Ocampo the contention is the chamber’s conclusion that he had not pleaded that the conduct of the police was part of a “State Policy”, and “accordingly refused to consider the police conduct and the criminal behaviour attributed by the prosecution to the suspects stemming from it.” “It did so as a result of its implicit legal conclusions that persons holding State offices may not form part of an organisation and misuse a portion of the State apparatus to implement a non-State organisational policy within the meaning of Article 7(2)(a),” argues Ocampo.

Ocampo is concerned the judges have restricted the alleged commission of crimes against humanity to events in Naivasha and Nakuru and further only to those acts that were linked to Mungiki.

The prosecutor contends although preliminary evidence suggested there was no “State policy” to commit the crimes if they were unpunished it could promote impunity.

“The standard adopted could, if not corrected, provide impunity for criminal activity directly perpetrated by the police or encouraged by its deliberate failure to act,” he argues.

In pursuit of the elevation of charges into a higher threshold and in seeking to reinstate the level of seriousness of the crimes he proposed against the three, which were rejected by the Pre-Trial Chamber II, Ocampo has written to the judges.

He is seeking permission to appeal against the judges’ specific decisions and conclusions.

He argues Pre-Trial Chamber II erred in rejecting his argument the police killings in January 2008 were part of a “State policy” of shoot-to-kill by police, on the basis his application did not specifically ask for this consideration.

Prosecution’s charges

He argues the consequence of the decision could influence future cases because it threatens to protect an entire category of persons from criminal charges such as State officers who contribute State machinery to attack civilians in furtherance of a non-State organisational policy. He contends the Pre-Trial Chamber had overstepped its powers because “it cannot narrow the prosecution’s charges by excluding facts and circumstances unless the narrowing is required by law.”

If he has his way, the three who are clustered under the same grave charges that include killings and uprooting of populations, will be staring at more counts on their list, which possibly could attract harsher sentences if supported by evidence.

But the chamber will first have to confirm the charges against them beginning next month. That is why Ocampo wants his appeal dispensed with before this crucial stage in The Hague hearings, which takes up to seven months. His other reasons for seeking the green light to appeal lies in disagreement with the judges on the level of ‘organisation’ required to qualify a crime against humanity.

In particular he wants the judges to re-examine his argument that the State actors or people in or close to the Government, including the three, acted within a network of crime, which in this case is the Mungiki sect. When State actors act within a network like this, he says, it should be held that they were acting on a predetermined “State policy”.

Kenya: Methodology and Logistics on Collective Bargaining Rights Principles

from Judy Miriga

Folks,

Commonsense Structure for a successful Methodology and Logistics for Maintaining Collective Bargaining Principles is to first and foremost, benefit all level classes of Business Merchandising, and discipline Service delivery in order to remain in the “Proof of Eating Pudding”, gravity of balance where control of Supply Vs. Demand between the Government, the Community and the Global Market-Place are put in the scale of varying interests which are providing common solutions to all stakeholders, and are fully and effectively are Represented without discrimination or seen to be in any way discriminatory, the trickle of economic revenue drops are able to bring the desired change. How the Budget and Revenues are collected and distributed fairly to All players, must of great importance and be Protected in an organized manner and amicably without favor or malice and the driver indicators must be well maintained under a Platform of Collective Bargaining Principle Rights Authority Representation.

Collective bargaining is a process of negotiations between employers and the representatives of a group or Workers Union of employees aimed at reaching agreements which provide and help regulate means to improve working conditions and service to offer progressive benefits and shareholding stakeholders’ prospective.

People are free to choose and vote for Unions or be members of Civil Society or Non-Governmental that which will equally offer collective bargaining Rights on their behalf, and it is a process where such negotiation between representatives of workers, Welfare Community and Government management Ministries are working together in Consultative measures to determine the conditions or needs of Democracy, Legal Justice, Development, employment, production within the balanced gravity of supply and demand. They are bound to collectively determine agreement that which may cover security, health, training upgrades, social insurance, compensation, hiring practices, layoff s, promotions, working conditions and hours, extended educational exchange programs and internships, worker’s discipline, and other benefit programs are all essentials.

The executive branch of the Union group, the Civil Society, the NGO or the Welfare Community group, plan and proposes their local needs and budget, which they submit and discuss with Regional Leaders to be included in the budget lines for Revenue allocations based on projected programs as per their local resources availability and needs. This provides better estimations of budget item allocation for their regions, because the budget lines are subject to contract that must be released to all Regional’s from the Central Government to effectively keep all Regional’s functionability at par without neglect or conflicts of interests. If revenues fall short of projections, the state must still meet its contractual obligations all Regions in order to maintain balance of activities going on undeterred. This has the effect of regulating free-flow of service, smoothing out the ups and downs of salary increases, Tax Revenues Regional disbursements, that which would not be successful without collective bargaining principles.

Although there have been series of research processes in science technology especially the IT online capabilities that are fast changing business scenarios on merchandising discipline, it is true African Local Communities must be urgently organized to catch up with the rest of the world. The Computerization of New Science Technology have made it easier and changed the outlook of many retail processes and as we agree that Science is good for innovation and progress, there is need for upgrading Community understanding and education so to incorporate and advance Methodology and Logistics to provide a balance of Nature that go along with the basic day to day needs and demands of general livelihood of all and the principles of balancing survival for example, Water and Air are fundamental basics of life. Therefore Anything that which pollutes or destroys water and air are factors that are posing danger to life and are of Nature destructions. They are seen as they do not belong or are not ways from God. They are based as common denominator factors that could easily destroy and end life and are looked at as principles working against the Will and Purpose of God’s Creation.

However, too much faith and trust in science is not always grounded in a factual balance of Nature creating natural conflicting reactions and thereby understanding of what it can do to the existence of the Universal Environmental Global Warming effects, the reason why diverse collective bargains involving all manner of Business and Trading groups from local community grassroots to the upper-most International Corporate Business Community must collectively contribute and provide a balance in all activities observing International Legal Treaty in one way or the other and in a popular participation, engage the protection and practices of Global Warming and Environmental protection concern which is of fundamental important and is necessary to be observed by all humanity, in order to apply effective preventive measures and evade serious effects and dangers of Global Warming .

Transfer of Technology and Research must be environmental friendly in their cross-pollinating that must be done properly and professionally in all the Trading Merchandising concerns, whether it be Medical, Agricultural, Engineering, Socially, Economically or Politically and the way to its success must be monitored under an effective Legitimate Governmental Service Regulatory system according to Principles of Democratization and Just Rule of Law through Ministerial Supervisory and Coordination in a Consultative Team. The insight of Business and Technological challenges of modern IT are now extended to retail industry and therefore, Government Leadership must be computerized in order to provide advice and be able to gravitate onward specific needs professionally and in a timely and effective manner. This is the Win-Win strategy for success and an outlook to a brighter future where a large-scale of Job/Employment opportunity is realized and plans are scaled and balanced for expansion are dealt with, so to accommodate and navigate specifics of the successive growing needs.

The Collective Bargaining Principles that which incorporate both the Government and the organized Grassroot Community programs with Unionized Groups will provide Benchmarks containing analysis of effective Business Drivers, Opportunities, as well as organizational constraints surrounding Trading and Merchandising planning and execution in a popularly agreed, safe and organized methodologies that are of sound logistical recommended functioning structures that are not imposed, non-familiar and are perceived as foreign ideologies that are not Culturally friendly and finally turn to become constraint, unpopular and unsuccessful.

Merchandising and supply chain have business regulatory documentation that which provides good transactions and operations which through the Regulatory Workforce Management and supervising, offers State-of-The-Art Supply Vs. Demand timely service deliveries to multi-channel millennium Technology Vendors without affecting or failing any chain-command and Advisory services that are set within the required system within the balance of Supply Vs. Demand.

This will therefore ensure Optimization in Merchandising Products, Processes and Prices, that are based on solid understand that are without conflicts but provides give and take shared philosophy in Compliance by all stakeholders. It will eliminate Government employee conflict of interest with a good level of margin. It will reduce chronic corruption and impunity in Africa. It will equally eliminate The Emerging African Millennium Slavery that which is currently looming in an extremely dangerous scenario and wipe-out the Extension of Slavery aggression Mentality that are being imposed and are notably taking place through the Chinese Invasion to Africa and from the Special Interest International Corporate Business Groups and the Corrupt locally connected business Community from ripping the market for selfish and personal interests.

It is a method that which will provide the Employee of Unionized and Cooperative groups to lobby effectively for good service prospects and deliveries as well as offer negotiated balance for Supply Vs. Demand for Cooperative Organizations, public and private businesses for small traders and small peasant community farmers, as well as consumer protection in Africa, so to stay afloat in their small businesses against harsh competition realities and maintain a regular profitable income for their small land and farms without being stolen from or intercepted by Government corrupt maneuvering leaders or being swallowed by the Special Interest Corporate Business community.

Collective bargaining Rights in the public sector is fundamentally important because it keeps all businesses at fair play and in standing up to challenge acts of conspiracies that jeopardizes as they are intended to wrongfully discriminate, favor, manipulate or suppress employee’s needs and securities and are not able to protect small businesses and consumer benefits from rip-off or overtaxing.

Low income earners with poor unexplored potentials and economies as seen in some African Regions, have constantly become easy prey to International Corporate Business Community invasion target for exploitation whereby the people are used as cheap labor or slavery under “The Intelligence Property Ownership Theft” that which has intensified corrupt and impunity to earn them more than 200% Business profit. Collective Bargaining Rights through unionized groups, civil society, Local Community Welfare Groups and other Non-Governmental Organizations are the fair-play protective means that can provide a balance and bargain or lobby for their livelihood and survival. This is because, mean and low meager earnings cannot stand the test of time and opposed the Mega Economic power of the network of the International Corporate Business Community unless some sensible and meaningful negotiations are lobbied through the consensus of Consultative Collective Bargaining Rights.

The Consultative Collective Bargaining Rights are able to effectively negotiate Environmental Pollution and keep the business in checks and balances. The illegal emission of mining wastes that are dug by the Chinese and the radiating pollutants in the air that are left unchecked are exposing lives of the local people in jeopardy. The people living in those areas are prone to suffer exposure to dangerous toxins, vapor intrusion, tainted water, conditions of blood disorder where the body’s bone marrow is not able to naturally make enough blood cells, noxious odors from landfills that fill the environment air including water as pollutions have become dangerous requiring intervention and representation by Legal experts because the Environmental Legal Protections are commonly evaded and not observed as required by those unscrupulous Special Interests International Corporate Business Community at the detrimental staggering life threatening and great loses by the Local community and land owners who endure adverse effects from such exploitation.

This kind of International Special Interest Business behavior which has corrupted African Leadership deep skin and made them non-compliance, does not affect poor Africans alone, but in extension and gradually can be felt a cross-border of Global Regions of the world. These situations if left unchecked promotes extension to Global Slavery, unlawlessness, increase of Criminal Thuggery of the class of world Mafia and Terrorism, excessive poverty below average situation, Landlessness, homelessness, Joblessness and altogether are the main causes of employment bottleneck, marginalization of many from accessing basic government support, service or meet needs , lack of self-sustainable employment opportunities, lack of fair economic growth and expansion to benefit many without being a target for intimidation or racial discrimination, whereby in many cases, it results to severing ways and means for survival leading to death and life becomes completely unsafe and unbearable.

This brings us back to agree that we all want Peace, Love and Unity for common good of purpose for us all. How can we then, not agree to come together and save this great world from collapse and human lives from perishing, since it is for all our benefits and we are bound to do what is needful. The starting point is where people begin to use their constitutional people’s power to demand their mandate and be firm and straight in condemning wrong doers while keep the fire of pressure on for realistic change, making sure that Legal Jurisdiction atleast, e.g. that of the ICC Hague, take formative effect on hardcore headswells who are never remorseful but whose actions are poisonously sending wrong signals, proving they are above the Law and are incorrigible, are able to defy all manner of Legal Justice to have their way, that their way is the highway to go.

In Africa, the Bill of Rights as is in the Constitution are seriously undermined, the reason there are no serious Independent Legal Institution to stand against violation of Human Rights and Violation through the abuse of power, notably through the Corrupt Status Quo continuous stay in power by holding tight public offices to their control for personal and family gains.

The ICC Hague seems to be the answer to many of our Global problems and will provide the platform for African Governments corruption and impunity, the Key solution and answer for us to secure our prospects to Democratization and Development on a Level Playing Field.

Tangible facts about abuse are the use of public office for private gain, corrupt or improper practice or custom, human rights’ abuse (by the authorities), a lack of (or selective) enforcement, abuse of power by executive or judicial branches, abuse of religion by religious authorities, waste of natural resources, pollution, disinformation, discrimination, covering-up fraud or dangerous experiments of dehumanization or for experimental purposes of human beings to guinea pigs amounts to psychological torture and sufferings that must not be acceptable.

Torch of Liberty we all struggle for is to find ways and means for impeachments and engage Legal convictions which are not yet formed as Independent Legal Institutions in African Nations to offer representation for people’s mandate and power fairly. It is crucial that every local Community engage and dedicate their communities to stand for their Bill of Rights that cannot be infringed. That When it is in full operation, the Welfare Community group, Civil Society, the Non-Governmental and Employee Unionized groups will be strong enough to protect the Constitution, and the Bill of Rights cannot be infringed by the government officials Conflict of Interest.

Abuse is the improper usage or treatment intended for negative purposes, often seen as unfair personal action for personal gain done improperly for unintended for the purposed official mission and are therefore not legitimate. The consequences results to injuries, pain suffering, violation, criminal, unjust and wrongful practices or sometimes seen as intuitive and intuitive to customs culture and traditions that invokes spiritualism spell to those who believe or cultural taboos or sexual assaults according to norms of traditional and cultural community system etc., These and many others are mental and psychological torture and stigmas that are seen as credible type of crime, violation and abuses that need reparation under Reconstruction and Reconciliation for purposes of Peace and Unity we all need.

People, I am saddened that Kibaki is able to act in ways of Contempt of Court discussing things that are already put under summons of Court Jurisdiction from his recent meeting with PNU along with Ocampo six to solicit maneuvres to obstruct justice where they discussed (“The government will challenge the admissibility of the cases as well as the jurisdiction of the court,”) after ICC Judges issued Notice of Summon of Ocampo six to Hague. Kibaki is therefore known to be against the majority public interest and opinions and is actively fighting public people’s interests for Status Quo support in order they continue with oppressive rules……people and the world are watching their stubbonness, where they refuse and are adamant to go by the National Accord Agenda timetable nor implement the New Constitution through delay tactics…….so they can escape and have their way, which is according to them, the Kenyan Public Highway…..Sad to say, wake up people……The poor are endangered species, lets stand together with the World for this is a greater International Public concern…….which we must find solutions and The Power is with the People…….

Lets change the world for common good to all and for the sake of Peace, Love and Unity in a more secure and safer livelihood full of hope for future survival as is and was the Will, Promise and Purpose of God’s Creation.

Thank you all,

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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Kenya weighs options after ICC summons
Published: March. 10, 2011 at 11:01 AM

NAIROBI, Kenya, March 10 (UPI) —

Nairobi said it might challenge the jurisdiction of the International Criminal Court after key leaders were called to The Hague for alleged war crimes.

ICC chief prosecutor Luis Moreno-Ocampo accused six Kenyan leaders from opposing parties for their roles in ethnic violence surrounding 2007 elections in the country.
Members of two major political parties — the Party for National Unity and the Orange Democratic Party — were among those named by the prosecutor.

Nairobi said it was moving to take the accused before domestic courts, the BBC reports.
A peace deal reached in 2008 said that those accused of atrocities would face justice at home or at the international court in The Hague.

Kenyan lawmakers, the BBC notes, blocked a local tribunal in December, opening the door for the ICC to step into the high-profile case.

The Kenyan government, the BBC adds, said it would challenge ICC jurisdiction in the matter. The ICC in response said Nairobi should raise the issue of jurisdiction before the court.

The accused are called to appear in The Hague in April.

The ICC said more than 1,000 people died and 3,500 were injured in 30 days of post-election violence in 2007 that included hundreds of rapes.

Muthaura And Uhuru Won’t Quit

10 March 2011

Nairobi — A Cabinet minister and two public servants among the Ocampo Six will not step down, the government said on Thursday.

Government spokesman Alfred Mutua said the suspects would only be required to step aside once formal charges are preferred against them by the International Criminal Court (ICC).

“As per our laws, it is only after someone has been charged that they are expected to immediately step aside from their public duties. Therefore, let us await the findings of the court,” Dr Mutua said.

Pressure has been mounting on Deputy Prime Minister Uhuru Kenyatta, Public Service head Francis Muthaura and Postmaster-General Maj-Gen Hussein Ali to step aside following Tuesday’s verdict by two ICC judges that there were reasonably grounds that the Ocampo Six are criminally responsible for the violence.

The judges have summoned the six — Mr Kenyatta, Mr Muthaura, Maj-Gen Ali, Eldoret North MP William Ruto, Tinderet MP Henry Kosgey and radio presenter Joshua Sang to appear before them on April 7.

The judges have warned they will issue arrest warrants if the six fail to honour the summonses.

Kenya: Climb the hills, the trees, the high buildings, on top moving lorries, shout and make the loud noise so that the thieves can climb down!!!

From: MOSES OPADO

ODM BEES, ODM ANTS, ODM SOLDERS, ODM MASS,

KENYA NI YETU PIGA NDURU SO THAT THE THIEVES CAN CLIMB DOWN THEIR BOTH GRABBING POWERS AND RESPONSIBILITY WHEN THEY ROBBED US OUR VICTORY 2008.

THE CRIMINALS MUST FACE JUSTICE REAL AND I ASSURE SOME OF THEM SHALL NEVER SEE THEIR GRAND CHILDREN GROWING. THEY ABANDONED KANU WITH ITS 40 YRS WEALTH TO BLACKFACE YOU THAT THEY HAVE A CHANGED HEART ONLY TO HIDE IN OUR CLEAN PARTY AND USED IT AS A LICENsE TO KILL, RAPE AND BURN HOMES THINKING THAT CABLES THEY WILL SAY THAT ODM S BAD PARTY BUT WE WORKED OUR WAY INTELLIGENTLY SELECTED THEM AND HAULED THEM TO HAGUE WHERE THEY BELONG.

BUT WE ARE WAITING ON JESUS, THE MASTER OF ALL JUSTICE, THAT IF THEY DON’T REPENT OF THEIR SINS THEN THEY STAND A TRUE TICKET FROM HAGUE TO HELL. OURS IS TO SHOUT WITH FIRMNESS THAT THEY STEP ASIDE FROM THE RESPONSIBILITY THEY THEY ROBBED KENYANS FOR SO OF THEM CAN NOT BE TRUSTED WITH A CENT.

SOME ARE GRADUATED WITH CULTURE OF IMPUNITY AND CAN NOT SEE LIGHT. THERE WAS A TRUE LIGHT IN NEW YORK WHEN KALANZO THE MUNGIKI PREACHER WAS TOLD THE SUPER POWER UNDER OBAMA’S WATCH CAN NOT SUPPORT CRIMINALS. WHAT A SHAME BUT THEY DON’T MIND FOR THEY HAVE NOTHING TO LOOSE THEY ARE BAD ONES OUT. I REPEAT THERE WILL BE NO ELECTION IN KENYA UP 2030 WHEN RAILA WITH BE RETIRED. WE ARE ALSO READY TO GO HAGUE BUT FOR NOW ALL GODS ARE ON OUR SIDE THANKS THE CHIEF OF GLORY BUT WE DON’T RECOGNIZED THE LEGITIMACY OF KIBAKI AS A PRESIDENT AFTER RAPING OUR NEW CONSTITUTION TWO WEEKS.WE SAY ALL THANKS TO GOD WHEN WE LEARN THAT DICTATORS LIKE ALBASHIR,GADDAFI AND BEN ALI ARE ONE WHO SIGNED KAKONZO BIBLICAL TRUTH AROUND THE WORLD IN EIGHT DAYS;.WE WANT RAILA SWORN IN AS THE PRESIDENT ELECTED SO THAT HE CAN WORK TO KENYAN TO ACHIEVE THE CONSTITUTION, constituency and election for the better of our country.

_OPADO

Kenya: Impact of Hon Kalonzo shuttle diplomacy on weakening of the shilling

From: amenya gibson

Dear Kenyans

As our vice president Hon Kalonzo tries his best to protect the Ocampo Six something that will make majority of Kenyans suffer is market information about our Shilling

The efforts that central Bank of Kenya has tried to make our shilling strong is gradual being eroded and this could be linked to shuttle diplomacy that has now gained fever pitch.

It wont be possible for all veto powers to accept Kenyan deferral more so with current upheavals in Arab World.
This sentiments has led to investors dumping Kenyan shilling
Another possibility why the shilling is getting weaker is because the government could be printing money to enable the Kalonzo in his shuttle mission.


Thanks
Gibson Amenya
Kenya Young Greens

KENYA: NATION MUST ABOLISH THE COALITION GOVERNMENT BEFORE THE ICC CAN EVEN CONSIDER DEFERRING ITS CASE

From: David ochwangi

It is common knowledge to all that Kenya has two centers of power, each pulling in the opposite direction. It is against this backdrop that President Kibaki’s spirited efforts to derail the ICC process will fail. This is a blessing in disguise particularly for the victims of violence whose interests and cries for justice have simply fallen on deaf ears three years after the crimes and still counting. VP Kalonzo and his team’s renewed mission to save the precious Ocampo Six from The Hague are on a fools’ errand whose futile outcome is as good as a foregone conclusion- naught. First off, the one half of the government led by PM Raila Odinga is vehemently opposed to the President’s position; in the eyes of the world, the president’s position cannot be the government’s position because a government needs ALL its parts, in this case an entire half is missing and therefore his efforts fail on a technicality alone, the security council members with veto powers have stated quite clearly as such. So if the president was serious about helping his precious six, the key prerequisite and first order of business would be to disengage from the coalition and take complete and full command of the ICC effort. Quite frankly, disengaging from the coalition is one step Kenyans will be very thankful to him for. Kibaki is not gaining any additional respect by staying in it, in-fact his conciliatory and accommodating ways have only earned him ridicule and scorn, so I say why bother? To the president I would say, cut your losses Mr. President, disengage from the coalition, restore some sanity in government and manage the transition to a new constitution without the bickering and wasteful sideshows, the new constitution still allows you to withdraw. This coalition has subjected Kenya to international ridicule, transferred her sovereignty to foreign powers and weakened her institutions tremendously.

With respect to the precious Ocampo Six, frankly the president is not doing them any favor but is instead fueling the ICC and the international community’s resolve to pursue this case. It is not just that he has gone about this thing totally the wrong way but he also bungled the one chance he had to show the world that he valued the rule of law in the way he recently nominated people for the CJ and other key posts. It served to reinforce the world’s perception that Kenya is not ready to carry out a credible prosecutorial process of the PEV when the president failed to respect key provisions of a constitution he himself helped pass. If the president makes a mockery of Kenya’s brand new constitution, the ICC is not safe either and I don’t think either the international community or the ICC itself will allow him to make a mockery of its process as well, NO. This and PM Odinga exploiting the situation and milking it for political mileage simply spelt a death knell on the Ocampo Six’s bid to avoid The Hague. Not to mention that Kenyans by and large now depend on the ICC for justice and view it as their only insurance against the tyranny of the government and the powerful.

Second, we must keep Prime Minister Raila Odinga honest; Raila has maintained that PEV suspects must be tried at The Hague before 2012 to avoid violence again. But how is it that the PEV suspects must face justice at The Hague for their illegal acts while Raila Odinga continues to reap the benefits of those very acts? Truth be told, Post-Election Violence put Odinga in office as Prime Minister, again, the Prime Minister’s post in Kenya is a direct consequence of PEV of which PM Odinga is the single-most beneficiary, so if he were sincere about fighting impunity, he should lead by example and resign from the position derivative of impunity. Odinga cannot and should not be allowed to have it both ways- fighting crime while benefiting from the same! It is no different than sending a robber to jail while keeping the loot to yourself instead of returning it to its rightful owners. He shouldn’t be allowed to continue benefiting from an illegality. That is an untenable and hypocritical realty we must right. We must not settle for half measures but rather a complete overhaul and clean break from the unfortunate past; if the precious Ocampo Six must be tried for their actions, we must also do away with the positions and benefits accruing from those actions and chief among them is the Prime Minister’s post. Justice demands equality, equity and fairness and I can’t think of a more perfect scenario where this must be upheld-what’s good for the goose must also be good for the gender.

ODM’s so called “rebel MPs” allied to Eldoret North’s William Ruto also need to mature up and quit acting like the spoilt brats they have become. Instead of persistent moaning, whining, bluffs and idle threats about quitting ODM and threatening to pass a NO CONFIDENCE motion against PM Odinga, do it already! Put your money where your mouths are or simply SHUT UP! They are disingenuous by barking at the PM accusing him of dictatorship and yet continue to enable him to perpetuate dictatorship from his plum and powerful post as Prime Minister. As spelled in the “Accord”, the PM’s post is dependent on ODM’s strength in parliament and if these rebel MPs were serious about stopping PM Odinga, they can do so immediately. The 30 or so of them have the power to effectively end the coalition madness tomorrow if they wanted to, just be brave enough resign from ODM instead of your cowardly insinuations and the so called “ODM Strength” in parliament will end- tomorrow, sounds like common sense to me. The bickering within ODM as well as between the coalition partners is derailing the implementation of the new constitution and time is fast running out before the next election, doing away with the coalition madness will go a long way in expediting the process. These MPs can help deliver sanity to Kenya

Kenya: The Interim Caretaker Government is now needed than ever before…..

Ocampo is right, these Ocampo six were not to be meeting or using their Offices to influence their interests and interfere with the legal proceedings against them…..they are using public money to pay for shuttling of Kalonzo Musyoka and others to lobby all over the world through African Union, etc to Z.

They are meddling, frustrating and manipulating evidence and blocking justice from taking the rightful course…

All these activities they are involved in is against the law which they have engaged in “CONTEMPT OF COURT” .

It is time to call a a spade a spade……the Coalition Government has failed time and again to protect Public Interests……It is time for an Interim Caretaker Government.

We must agree to avoid more headaches…….the time is now to start a new.

They have all defy the Court Order and are now above the New Constitutional Law.

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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Uhuru: Ocampo order for the ‘wanted six’ unrealistic

By MOSES NJAGIH

Deputy Prime Minister Uhuru Kenyatta has dismissed International Criminal Court prosecutor Luis Moreno-Ocampo’s order that the six Kenyans he suspects to be the key perpetrators should not intermingle.

Uhuru says he will ignore the order that bars the six suspects from meeting or consulting, as long as he is still in the Government.

Uhuru said it was not possible for him not to hold consultations or interact with those named in Ocampo’s list, as they were people that he constantly associates with.
“How for example does Ocampo expect me not to talk to (Ambassador Francis) Muthaura who is the Permanent Secretary in the office of my boss, the President? I am still a minister and I have my duties to do and if they involve the Office of the President, then I will definitely talk to the PS,” said Uhuru.

Uhuru said he will not be intimidated against meeting any of the people Ocampo is after especially if it is in his line of work as a Government official.

Finance Minister Uhuru Kenyatta has extended an olive branch to Gichugu MP Ms Martha Karua to join other leaders under the PNU coalition, where they will conduct a joint nomination to elect one presidential candidate.

“As much as I know, I am not sacked as a minister in the Government, I will have to continue working and talking to those that come within my line of work,” he said.

Uhuru was speaking on Tuesday during a talk show in a Kikuyu FM station-Kameme.

He reiterated his earlier sentiments that politics played a bigger role in Ocampo’s decision on who should be in his list, saying it was not a coincidence that the prosecutor opted for three people from each side of the Coalition Government.
“The prosecutor betrayed his actions as mere politics the moment he declared that he would be prosecuting three people from each side. It begs the question, whether he was looking for a balanced team similar to a football or volleyball one,” he said.

On politics, Uhuru declared that he will be offering his candidature for the presidency, but said he will be ready to first face off in a nomination with other “like-minded” candidates.
The Finance minister said at the moment he was working towards the unity of Central Kenya residents, saying that only after then that the region’s leaders can reach out to other communities.

Uhuru extended an olive branch to Gichugu MP Ms Martha Karua to join other leaders under the PNU coalition, where they will conduct a joint nomination to elect one presidential candidate.

“I will offer myself for nominations and I am ready to support whoever the electorate will endorse, whether from our region or from other communities,” said Uhuru.
The Gatundu South MP dismissed those who are claiming that together with suspended Higher Education Minister William Ruto and Vice President Kalonzo Musyoka, they have formed the KKK alliance.

“Just because we have found some direction with some community leaders, our opponents are now complaining and branding us tribalists. We are determined to reach to every community seeking for the unity of Kenyans,” he said.

KENYA: PRESS RELEASE – ICC, RUTO, PM, PRESIDENT

from Ali Maalim

The lies they feed with their ill informed tribal loyalists are not only unfortunate but also potential risk to the country’s stability. In that regard, we urge the ICC to move swiftly to indict and lock up the six suspects or exonerate them immediately as the law so require. We strongly urge the Prime Minister and the President to stay on course

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Kenya Somali Community of North America

615-2706 Alta Vista Dr. Ottawa, Ontario K1V 7T4

PRESS RELEASE – January 21, 2011
We, members of the Kenya Somali Community of North America take this opportunity to support the Prime Minister of Kenya, Hon. Raila Odinga, the President of Kenya his Excellency Mwai Kibaki, and the government, in their pursuit to implement the New Constitution of Kenya. Also, we take this opportunity to denounce the political opportunists who are attempting to paralyze the government’s business by spreading sustained lies against the Prime Minister, and thus forestall the implementation of the New Constitution. The lies pedaled by Mr. Ruto and his compatriots to wit the Prime Minister has influenced the ICC in naming of the six post election violence suspects, is not only false, but also, nonsensical. Neither the Prime Minister nor the President has any power to influence the world’s court. Ruto and his cahoots have scuttled the creation of the local tribunal when we had the opportunity to have a motion passed by the parliament. They argued for The Hague instead. Now we say, don’t panic, it is The Hague.
[ . . . ]

http://voiceofnomads.com/article/Politics/National_Politics/Press_release/38693

Kenya & ICC: How super prosecutor Ocampo lured Kenya to The Hague

From: Rose Kagwiria

Its a sympathy to see Kenyan people suffering the same way our bodies suffer when the body’s immunity is compromised. Once the immunity is compromised any disease can take advantage(opportunistic infection). We lowered our own immunity by tribal hatred resulting in fighting and killings which weakened our our morals and political will. Outside people took advantage just as opportunistic infection take advantage of the body once immunity is lowered. Thank God our leaders have realized in time and i hope this time Kenyans should learn how to set their own local tribunals as other countries do to deal with their criminals. They should never allow again the so called who or who from outside to come and start killing our body cells slowly. Kenyans remain as intelligent as you have been. It is only by showing love for one another and dealing with our own issues that we will show other countries how intelligent we are. Remember when a neighbour realizes your home has no unity , they can use even your own child to fight you back. LOVE AND UNITY IS THE KEY TO ANY NATION’S DEVELOPMENT. Don’t forget to read below link for further information. This is my opinion

Rose

http://www.nation.co.ke/News/politics/How%20super%20prosecutor%20Ocampo%20lured%20Kenya%20to%20The%20Hague%20%20/-/1064/1082174/-/item/1/-/ilxu2rz/-/index.html

Kenya & ICC: The Hague SIX and Kenya from 19th, Century

From: john vorster

Ndugu Maurice,

I do see your concern of getting the public to justify for the long term gain in regards to Ocampo Six and PEV (2007/2008)…… In as much as we both respect and love Kenya, we would have been seen way back just after the death of Mzee Kenyatta doing any sort of building a nation of trust worthy citizens. We have failed and nailed ourselves into this messy house of being subjected to airlift our leaders (Ocampo Six) to foreign land for trial. What is so painful about Kenya is the character build on tribe and being power hungry and angry. With due respect, Kenya had a pool of professional lawyers and government think tanks who could have not lead us to join a treaty that a few folks now blame. Why don’t we relax and wait to see justice take its order? Kenyans applied for the inclusion of ICC list and the PEV is the very first case subjecting us to that signature ascended. Let the world teach Kenya a lesson that we shall never forget should the six be found guilty. Why is Kenya erasing her name on International Directory Book? Please do have mercy on those poor citizens who faced death at gun point, fire, panga etc. How about the families who had their members robbed of a dear life? We have to wake up for this Moreno Ocampo’s call for justice. We are already crying of our man and community being politically targeted however ICC never asked Kenya to try any victim but we registered for such a help. As we all know it, if the PEV case was handled in Kenyan soil, how many community and Clan members would have flocked the High Courts of law to derail the justice process? This is just a trial process and much a waits the trial chambers and the jury.

NOTE: To mention that Kenya should focus on how to settle the victims of PEV is just a debate of politics as the history of Kenya tells it all. How long would it take to ensure which families were directly affected for compensation? The Ocampo Six are mighty leaders who languish on over Ksh.1. million a month salary and that alone is a justification that they can high prominent lawyers to help them in Hague. The best we do is wish the six fair trials but not averting the case to our rude, mucky and rotten system.

Vorster J.
JAKISUMU

ICC, Kenya, Argintina: The Nightmare of Ocampo

from Jagem K’Onyiego

Some people in Kenya are having bad dreams. Dreams that Ocampo is just some bad dream they are having and so when they come to, in the morning, it will have gone away. This to me is a bad dream.

Ocampo is a man who build his reputation over the years doing the near impossible. He investigated and prosecuted members of the Military regime who commited atrocities against humans (siyo Railway line), during their rule in Argentina. This was between 1976 to 1983. He wanted to make sure that those who thought they were untouchable in Argentina during that time were brought to book. The man is determined and I think no amout of heckling by Kiraitu, Isaac, Kioni, Mututho, or any other parliamenyerian will deter this man from completing what he has started.

Anybody who has doubt can read the article below. Argentina faced its past head on. They have jailed the former military president himself. The other low ranking Generals were already sent to prison courtesy of Ocampo. He is the only one who dared to that before he was appointed as ICC prosecutor.

Please read below.

Jagem

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Ex-Argentina leader jailed for life
12/23/2010 05:12:40 PM
A Buenos Aires court has sentenced Jorge Videla, the former Argentine military dictator, to life in prison for his role in the torture and murder of at least 31 political prisoners during the country’s so-called Dirty War from 1976-83.

The verdict on Wednesday was for charges related to a state-sponsored crackdown against opposition groups, including Marxists, leftist activists, trade unionists and journalists.

The court had already sentenced a group of ex-military members who had served Videla’s government to life in prison for crimes against humanity during the Dirty War.

The men were convicted for kidnapping, torturing and murdering more than 180 people in three secret detention centres.

Among those sentenced were Raul Guglielminetti, a former military intelligence agent, and Luis Juan Donocik, a former military police commissioner.

The majority of the crimes fell on Julio Simon, known as Turkish Julian, a former member of the military police.

Of the 17 on trial, 12 received life sentences, four received 25 years, and one was absolved.

A massive crowd of families and supporters of victims cheered on the streets in response to the sentencing.

Dirty War deaths

Videla assumed leadership in March of 1976 after deposing then-president Isabel Peron in a military coup.

According to a government report, more than 11,000 people died or disappeared during Argentina’s Dirty War. Human-rights groups say the figure is closer to 30,000.

Reporting from Buenos Aires, Lucia Newman, Al Jazeera’s Latin America editor, said that the relatives of those killed may feel that justice has only partially achieved.

“In all these cases people are still without the remains of their loved ones and many of them told me that they cannot forgive as they may never know where their loved ones are.”

Newman added that Videla has already been sentenced for human-rights violations – which he was pardoned for.

“He was sentenced in 1985 for gross human-rights violations, but five years later president Carlos Menem issued a broad pardon for all the so-called henchman of the Dirty War,” she said.

“Then a few years later he was imprisoned on a different charge, this time for stealing the babies of a lot of his victims, so that kept him under house arrest.”

In 2005, Argentina’s supreme court, at the urging of then-president Nestor Kirchner, struck down two amnesty laws that shielded hundreds of former officers from charges of human-rights abuses during the dictatorship.

Since becoming president in 2003, Cristina Fernandez has continued the push for renewing trials against military and police officers accused of human-rights violations during Videla’s rule.

Videla’s stand

In court on Tuesday, Videla appeared to lack any regret over his past actions, calling what many call the Dirty War a “just war”.

“I did not come here to defend myself today nor speak in my defence, in my eyes, defending myself doesn’t make sense,” he said.

“With this reality, which I cannot change, I will accept, however unwillingly, the unjust sentence that you are able to pass on me as a contribution on my part to the ends of national harmony and I will offer it as an additional service that I owe to God, Our Lord and the nation.”

In a clear jab at Fernandez and Kirchner, Videla said his “Marxist” enemies “completed their plans” and now rule the country.

“There is no doubt that the enemies defeated in the past completed their plans. Today they govern our country and aim to name themselves champions in defence of human rights while at the time they didn’t hesitate to violate them [human rights] in a superlative fashion.

“They no longer need violence to get power, because they have the power. And with that they intend to install a Gramscist [Italian Marxist theorist, Antonio Gramsci] Marxist regime.”

ICC & KENYA: “OCAMPO SIX HAVE NO CHANCE TO ESCAPE THE ICC PROCESS EVEN IF KENYA WAS TO WITHDRAW” – RAILA.

By Dickens Wasonga in Kisumu.

Hopes for the Ocampo Six ,as they are now commonly known, seemed to sink further as the Kenya’s prime minister declared the country had lost the opportunity to have the suspects tried locally.

Speaking at Kenyatta sports grounds in Kisumu, Raila Odinga said the ICC had taken over the case and it was formally underway adding that the recent developments in parliament where MPs passed a motion seeking the country’s withdrawal from the courts as futile efforts that should not worry Kenyans.

The PM, who was in Kisumu to witness the home coming ceremony of the recently installed chairman of Luo council of elders, Mr Willis Otondi, said those who initially opposed the Hague process, while describing the local tribunal option as vague, have now realized that the ICC process is real and was here with them.

” When the matter of forming a local tribunal was brought for debate before the floor of parliament, most MPs who are now anti-Hague, described it as the best option. One of them even told the house that we should not be vague,go to the Hague. They believed the process would take years to catch up with the perpetrators.”, said Raila.

The ODM supremo said Kenyans had all the time to ensure those implicated were tried locally but the MPs frustrated the move and they must now chew what they picked.

” If a child cry for a razor blade, you as a parent should give him or her and if he or she cut himself or herself with it,they learn”, Raila said in Kiswahili.

He said Kofi Annan,, who brokered a peace deal that eventually ended the post poll chaos and later saw Kenya form a coalition government, held the secret envelop, which had names of those believed to have organized and funded the violence, for three months with the hope that the leaders would chose the local option in vain.

” Even Ocampo also held the envelop for a while, thinking that we could agree to have a local solution to this matter, but it did not happen, so nobody should claim he is favouring any side of the political divide because he is not even a Kenyan” He said.

And as if to offer solace to the Ocampo six, Raila said the Hague process can be reversed only if a local tribunal was formed and a thorough judicial reforms are carried out which will meet the UN set standards.

Raila said that route would take several years, and the six would still be under the close watch of the ICC, until Kenya convinces the international community that it now has the capacity to try and deliver justice to the victims of the post poll chaos.

He said the only way to end impunity in the country was by ensuring those who committed any atrocity during the violence are tried.

Other MPsj who spoke at the functionj included MPs Nicholas Gumbo [Rarieda], James Rege [Rachuonyo], Oyugi Magwanga [Kasipul Kabondo, and also included ministers James Orengo [ lands] Otieno Kajwang’ [Immigration] and assistant ministers Ayiecho Olweny[ Education]and Dr.Oburu Odinga[Finance].

Since the naming of the suspects, MPs allied to those six have been making claims that Raila had and in the issue and allegedly knew who was to be picked.

Those now opposing the process have of-late been pushing for withdrawal of Kenya from the ICC claiming it was partisan.

ENDS.

AFRICA: OCAMPO A PAINFUL THORN IN AFRICA

BON VOYAGE washukiwa wote wa vurugu za 2008 mkavune kile mlichopanda kwa kiburi na damu ya wanyonge. Sasa kumekucha Kenya. Haki na hujuma kuchuana. Raila na Kibaki kuchuana kuhusu viongozi hao waandamizi kukamatwa na kufikishwa ICC.

Kuna kila dalili kuwa Kibaki km mteuzi wa watuhumiwa kwenye serikali yake huenda asitoe kibali kirahisi kwa hao waandamizi wakamatwe na ndiyo maana wakati rais El Bashir alipokuwa Kenya serikali ya Kibaki haikumkamata kwa sababu ilijuwafika kuwa na wao kiyama chao kinakuja [same applies to Museveni], hivyo hii ni dalili tosha kbs kuwa Kibaki hataridhia watuhumiwa hao kukamatwa na kupelekwa The Hague na hapa ndipo waziri mkuu Raila atakapoanza kupiga jaramba ya kutaka haki itendeke na maamuzi halali ya ICC yaheshimiwe kwa kutekelezwa ndani ya Kenya iliyotia sahihi kuwa mwanachama wa ICC na hapa ndipo natabiri mwanzo wa mwisho wa Raila na Kibaki kuwa kitu kimoja.

Kibaki alisaidiwa na mauaji haya kuingia ikulu na hata Raila na wote wadadisi wa mambo wanajuwa hili waziwazi, ndiyo maana Kibaki hakuwa tayari kesi hii iendeshwe nje ya Kenya kwa sababu hata yeye inawezakumfanya El Bashir wa Kenya.

Kwa upande wa Raila, yeye ana utayari wa kujitokeza mbele ya haki kama angetajwa pia kwa sababu ni mzoefu wa siasa za misukosuko ya kudai haki ya umma na yuko tayari hata kuhitilafiana na rais lijapo swala la haki kwa umma na ndiyo maana hakusita kuridhia Ruto kuachia ngazi kwenye nafasi ya uwaziri wa elimu hata pale ambapo Kibaki alipomtetea Ruto kuwa aendelee kuwepo kazini km kawaida, ndipo Raila kwa uzoefu na umahiri wake wa kisiasa akamfungulia Kibaki darasa kuwa yeye Raila hakumfukuza Ruto kama anavyodai Kibaki kuwa yeye ndiyo ana uwezo wa kikatiba kumsimamisha kazi waziri ndipo Raila akam-elimisha Kibaki kuwa, ili haki itendeke inabidi Ruto awe pembeni ili apishe uchunguzi huru wa kashfa ya fedha ktk wizara yake, lkn pia Raila ndiyo mkuu wa upainzani ktk serikali ya umoja hivyo ni bosi wa Ruto, lkn pia ktk kuteuwa mawaziri makubaliano ni kuwa lzm rais akubaliane na upande wa pili wa serikali ya umoja wa kitaifa hapa ndipo Kibaki akaonekana kuwa hajui kutafsiri kanuni ambazo ndiyo nguzo za serikali ya umoja wa kitaifa.

Raila ni waziri mkuu mwenye nguvu na mvuto kuliko bosi wake, hali hii ndiyo inatatiza itifaki ya Kenya kila mara lijapo swala lenye kuhitaji uamuzi wa ngazi ya juu ya serikali. Nijuavyo Kenya, huu uamuzi wa ICC tayari ni mtaji mkubwa sana wa kisiasa kuelekea 2012 na kuwa hiki pekee ndicho kilikuwa kikwazo kilichobaki kwa Raila kutamalaki nchi ya Kenya 2012 hasa baada ya kupigana mpaka kupata katiba ambayo ni kitanzi kwa wasiopenda haki lkn mkombozi wa mnyonge, katiba ambayo imetafsiriwa kuwa hakuna Afrika nzima na lbd hata baadhi ya nchi za Ulaya ya kutolea mfano wake, hii yote ni jasho la Raila.

Niijuavyo Kenya ni kuwa tayari Kenya imeanza kampeni za 2012. Yaani tayari Raila ameishawapa katiba ambayo haikuwahi kuwepo na huenda isiwepo Afrika km siyo Kenya, pili kuzuia mishahara dhalimu ya wabunge ili kipaumbele kiwe ni maslahi ya walipa kodi, tatu swala la ICC pia ni mafanikio ya Raila, nne Raila lzm atapata support ya kimataifa endapo Kibaki hatapendezewa na speed yake kwa sbb kwa kitendo hiki cha ICC ni kuwa vinara wote wa ukabila wametokomezwa na km wamebaki basi ni wale wasio na nguvu na hivyo njia ni waaaaaaazi kwa Raila 2012, na hii ndiyo inayomnyima Kibaki usingizi kwa sababu lzm ya akina Kariuki, Ouko, Arwings Kodheks nk nayo yakawezekana ikiwa mpenzi wa wakenya ataingia ikulu 2012, lengo ni kuwa na political master plan au tuseme strategic plan ya kuiponya Kenya kabisa na makovu ya kihistoria [damu yoyote iliyomwagwa lzm siku moja itaibuka na kuongea tu].

Lkn pia Raila ana kikwazo kimoja tu cha umri kuelekea 2012 na ndiyo maana anajitahidi ili kuwa km atashindwa mpango wake wa kutaka kupigiwa mizinga 21 akiwa hai basi angalao ataingia kwenye historia ya Kenya ambayo hakuna mwanasiasa wa kizazi hiki ama kizazi cha babake ameweza ku-define Kenya mpya isipokuwa yeye mwenyewe AMOLO TINGA RAILA OGINGA ODINGA EARTHQUAKE.

Babake hayati AJUMA JARAMOGI OGINGA ODINGA [a star mathematician]alileta uhuru. Yeye RAILA AMOLO TINGA WICH KIDHER [ a mechanical engineer] ameleta Kenya mpya ambayo iliporwa na kufanywa mali binafsi ya mafisadi wa kisiasa na kiuchumi.

Lkn Raila ni mtu wa ajabu sana asiyetabirika kirahisi na hii tabia yake ndiyo inawapa wanasiasa wa Kenya homa za vipindi zisizopona kwa dawa yoyote, namaanisha kuwa hata Kibaki akiamua leo kumfukuza kazi [ingawa ni ngumu kwa sabau inawezazusha yale yale ya 2008 tena] yeye Raila haoni shida yoyote kwa sababu kwake hoja siyo cheo ila hoja ni kuona Kenya yenye maziwa na asali siyo tu inawezekana bali inapatikana pia kabla yeye Raila hajenda kaburini. Kibaki anatangaza kuimarisha ulinzi nchi nzima huku ICC nayo ikifanya jitihada za kuwahamishia nje ya Kenya mashahidi kwa kuhofu usalama wao, je, swali ni kwamba mbona Kibaki hakuimarisha ulinzi huo wakati ule wa vurugu zile za 2008 na badala yake leo dunia inashuhudia bosi wa polisi ambaye ni mteule wa Kibaki anasubiriwa kwa hamu kubwa kule The Hague.

Ocampo kiboko ya madhalimu wa Afrika akimalizana na Kenya na El Bashir huenda akabisha hodi Zim kukwaana na kisiki kilichomshinda UK na USA. Kweli Afrika ni kichaka cha majambazi.

BON VOYAGE washukiwa wote wa vurugu za 2008 mkavune kile mlichopanda kwa kiburi na damu za wanyonge. Tusalimieni Jean Bemba na Charles Taylor, muwaambie Afrika sasa haikaliki, mzungu amechachamaa na ICC yake, tena muwaeleze wamwaandalie nafasi bosi wa Zim km Tchangirai naye atacheza kete km za Raila na Kabila lkn wasichukue nafasi ya Hon. El Bashir ambaye huenda vikosi vya ujasusi vya Israel vikapata tenda ya kumkamata nyumbani kwake km walivyomkamata Savimbi na kumpumzisha jumla baada ya majeshi makubwa ya mataifa makubwa kushindwa.

Douglas Majwala.

Kenya & Holland: The GOK Pulls the Carpet From Under Ocampos Feet

from Papa Likondi

With the agreement by the cabinet for a local tribunal, to look into the PEV, Ocampos’ quest has been delivered a major devastating blow. This means no Kenyan will ever step in the Hague to answer charges related to the PEV


Have a very good Likondi day Jirani Kuno

KENYA & HOLLAND: THE NETHERLANDS HIGH COMMISSIONER TO KENYA PUSHES FOR WITNESS PROTECTION AHEAD OF ICC PROSECUTION.

By Dickens Wasonga

The Dutch ambassador to Kenya Laetitia Van Den Assum wants the government to set up a fully fledged witness protection act to ensure security of the ICC witnesses.

She said with the continued threats on the witnesses, justice may not be achieved by the victims of the 2007/2008 post election violence.

The ambassador briefing the media.

She lamented that without the body, some witnesses may not be ready to provide vital information that may aid the ICC chief prosecutor Luis Moreno-Ocampo in his investigations.

The ambassador pointed out that her government will not relent in pushing the Kenyan administration to set up the body since it is committed to ensuring that the perpetrators of the post election violence are brought to book.

She said her office together with the human rights organizations will push the government to initiate the body so as to restore confidence amongst the ICC witnesses.

“My office jointly with the human rights bodies in this country will continue pressing on the government to set up a witness protection act to ensure witnesses safety,” she said.

The ambassador who was addressing over 200 victims of the post election violence from Western and Nyanza provinces in Kisumu said Kenya can only move forward if justice is attained thus need to protect witnesses.

She assured the victims of the violence that it is only a matter of time and they realize justice.

“A country that wants to move forward must take care of its victims,” she said adding that it is important for Kenya to address past injustices so as to restore sanity in the country.

She also denied allegations that her government was denying a group of lawyers visas to travel to The Hague.

She said Netherlands government will allow any Kenyan willing to fly to The Hague without discrimination.

“We shall give an equal opportunity to anybody willing to travel to The Hague whether from the prosecution side or the defendant side to give their side of the story,” she said.

During the visit, the ambassador was flanked by Nyanza/Western civil society organization network coordinator Betty Okero and the coordinator for citizens against violence Sana Olang’.

The duo called on the government to set up a local tribunal to address the plight of the post election violence victims who suffered as a result of police brutality.

They said most victims of the post poll violence in the region suffered as a result of police shootings thus need to address their predicament.

Some of the victims of post election violence who met the ambassador in Kisumu on Wednesday.

Olang’ cited that if the system is not set up, then they will file a suit against the state in court early next Month.

He pointed out that police are government agents adding that the government must explain their involvement in the post election violence.

Ends…

ICC: The court warns of witness coercion, bribery

From: Kuria-Mwangi

It is obvious has manipulated the witnesses in this case. The goal is to discredit KNCHR and so render it’s report useless.

The International Criminal Court (ICC) on Wednesday said it was aware there were individuals trying to intimidate or bribe possible witnesses in the post-election violence probe.

“The office is also aware that there are individuals who are trying to intimidate or bribe possible witnesses and has accordingly informed Kenyan authorities weeks ago,” ICC Public Information Unit Media Liaison Officer Nicola Fletcher who read the statement from the Office of the Prosecutor (OTP) said.

Ms Fletcher also said the two men who last week claimed that they were bribed by the Kenya National Commission on Human Rights to give false evidence against Eldoret North MP William Ruto were never on the ICC witness list.

She said before interviewing a witness, the OTP carries out thorough check to test their credibility.

“The OTP would like to clarify that it is not relying on such testimonies. The persons who made these public statements did not provide testimony before the OTP and they are not going to be presented by the office as witnesses before the judges,” she said.

http://www.capitalfm.co.ke/news/Kenyanews/ICC-warns-of-witness-coercion%2C-bribery-10547.html

KENYA & NETHERLANDS: THE KIN OF KENYAN WHO DIED IN THE NETHERLANDS NOW WANT HUMAN RIGHTS ORGANIZATIONS TO HELP THEM UNRAVEL THE PUZZLE.

By Dickens Wasonga in Kisumu city,Kenya.

AS the search for clues as to what could have possibly led to the death of their son in the Netherlands entered the second week, the family of the late Franklin Otieno Otieno now wants the Kenya National Commission on Human Rights to help them unravel the mystery surrounding his death.

The mother of the 29 -year- old Kenyan yesterday told journalists at her Siaya County rural home that after several attempts to seek help from the government, the family has realized they are on their own as the reality of losing their dear son in a distant land continue to painfully sink down.

Mrs. Florence Othieno said their only option was now to persuade the Kenyan media and human rights organizations like the KNCHR chaired by Ms Florence Jaoko to help them in the search for the truth behind circumstances surrounding the death of her first born son.

The family was quoted in a section of the Kenyan media accusing the Ministry of foreign affairs of ignoring their plight at the hour of need.

The late Franklin’s family wrote a letter to the ministry through the Permanent Secretary Mr. Thuita Mwangi but no positive response has been forthcoming.

They also accused their local member of parliament Mr. Edwin Yinda of not petitioning the government to help them probe what led to the death of the young man who had been a student at Houston college in the US studying pharmacy for a period of eight years.

When he died on Sunday last week, Franklin was reportedly being held by the immigration officers at the Netherlands.

It is not clear why he was being held and his family insists that he was in good health and was in constant touch with his Kenyan girlfriend who lives in the US.

The news of his untimely demise was also passed to the parents through the girlfriend who is reported to have been notified about the incident by the immigration officials who were holding Franklin in the Netherlands.

Independent investigations by this writer revealed that Franklin was held at a detention center in Schiphol which is not like a normal prison.

Although the source of this writer can not be quoted because he is not an authority, this journalist gathered that the detention center is sort of a limbo for people waiting to be sent out of the country.

The source further revealed that the center is not a jail for criminals. Its only goal is to give a place to stay for people who have to leave the country.

Still it is not clear why he had to spend two or more months at the center where he later died before he was deported back to Kenya if at all he was to be.

His father told reporters who gathered for a news conference early last week at a Kisumu hotel that the last time he spoke with his son was sometime in June and that at the time Franklin told him he was preparing to come back home having completed his course.

He had been living in the US having gone there in 2002 as student and his parents were not aware he was visiting Netherlands until two weeks ago when the family received the shocking news of his mysterious death.

The body of the deceased was supposed to have been flown back to the country this Tuesday by the Dutch authorities but the family rejected the move claiming it was an attempt to conceal the truth about what killed their son and vowed not to travel to Nairobi to receive it.

They also demanded that an independent autopsy be performed on the body to ascertain cause of death and the process be witnessed by a family lawyer or in the presence of a representative of the Kenyan government.

Yesterday, a sombre mood engulfed his Mur Ngiya Alego village when his mother and relatives took the sad news of his sudden death.

Villagers trooped in numbers into the home of the late Franklin to condole with his family and it was clearly a big loss not only to the Othienos but the entire village.

ENDS.

NETHERLADS: CONTROVERSY PERSIST OVER THE DEATH OF A KENYAN

By Dickens Wasonga.

The family of a 29 -year -old man who died mysteriously while reportedly in the custody of immigration police in the Hague-Netherlands now accuse the Kenyan authorities of turning a blind eye into the incident .

Addressing journalists who converged at his Kisumu residence, the father of the late Franklin Otieno Othieno who died on Sunday last week while allegedly being held by the immigration authorities in the Hague said he had officially written a letter to Kenya’s ministry of foreign affairs through the Permanent Secretary to help in probing the matter but so far he is yet to receive any response.

The father of the deceased said he suspected there could have been a foul play over the death of his first born son who had gone to study pharmacy in the United States of America eight years ago and was due to return home when the family received the shocking news on Monday last week.

Mr. Lucas Othieno said it was curious that the Kenyan authorities were not keen to get involved in investigating circumstances surrounding the death of his son who was through with his studies in June this year at the Houston College in the US.

The family insisted to be told by the authorities in the Netherlands why their son was being held and how he died.

They said information they were receiving from the Dutch authorities in the Hague and that from their Kenyan counterparts were conflicting and has left room for speculation as to what realy took place.

Earlier the authorities in the Netherlands had reportedly gone ahead with plans to fly the body back to Nairobi, Kenya’s capital city which is approximately 500 kilometers away from Kisumu where the parents of the deceased reside.

Indeed according to the family,plans were complete and the body was due in Nairobi’s Jomo Kenyatta International Airport by tomorrow,Tuesday but they had to shelve the plan when the family threatened not to travel to Nairobi to collect it.

”If they dare bring the body to Nairobi and not here in Kisumu then they must know where to take it because we will not go to collect it”He said.

Yesterday the deceased’s parents demanded that an independent autopsy be carried out on the body and the procedure be witnessed by a family lawyer or a representative of the Kenyan government so that the cause of death can be established.

”How can they be in a hurry to bring back the body of my son without allowing somebody from his family to witness the autopsy?.This is unacceptable given that the country where my son died is known to champion human rights. Even if he was being held for whatever reason, why do they lock out the family in the whole incident.We need to know why he was being held and what killed him”? Said the father.

But a source from the Kenya’s ministry of foreign affairs said the government was not ready to bear the cost of carrying out another postmortem on the body as demanded by the family insisting that all extra costs in relation to the incident must be met by the family.

The late Othieno who hails from Siaya Alego,the little village known for the roots of the USA president Barak Obama, was reportedly in touch with his girlfriend, also a Kenyan living in the US before he died.

The news of his death was broken to the family on Monday last week by the same girlfriend who is reported to have been rung by the authorities at the Hague but the deceased father disclosed that she had very scanty information regarding the incident that is likely to spark off a bitter international row between the two states.

The Hague is known to be center where those who commit crimes against humanities and other atrocities are tried at the International Criminal Court where even a section of the Kenyan political leaders suspected to have masterminded and financed the post poll chaos in the East African nation are to be tried upon conclusion of investigations by the ICC chief prosecutor Luis Moreno Ocampo.

ENDS.

Kenya & World: Mutula to Ocampo: Quit Kenyan probe ….Not Too Fast Sugar-pie!

Folks,

First I must ask if Kibaki, PM Raila, Mutula, with those like mind are ready for People power revolutionizing leadership of Kenya and those of Africa this generation?…..This is because it is possible…..and people are sick and tired of the kind of their undoing things in the political arena. That they have messed up Africa’s economy by fueling Al-Shabaab of Libya Gadafi and interest of China, giving China our valueables for a penny, and taking our lands away for Africa to be enslaved and be treated like animals. We are sick and tired from their unbecoming behaviours, their continued lies and sneakiness, without connecting to the people and creating insecurity. The youth and women must wake up to save their future against such unthinkable backward leaders.

Kenya’s and Africa’s future does not rely or depend on these their strategies. These Mafia connects are a prescription for doom and trouble for Kenyans and Africa.

This is the reason they invited the President of Sudan and treated him to Kingship banquet at the State-House. The person indicted and convicted by ICC Hague for committing violation and crime against humanity, the Geneva and Rome statute that we ratified to honor. They lie everywhere they go that they hosted Sudan president because of good neighbourliness……all these are a bunch of lies they must be ashamed of. They are supporting Africa Union because of their corruption and impunity they want to continue to perform on the people of Kenya and Africa to graze and profit Muammer Gadafi and China’s interest.

The illegal editing of The Constitution is a case of Criminal Offence and impunity fighting back….and so the New Constitution is in danger of being hijacked with subversion before it began teething. Kenyans and the People of the World must be wary and be fully engaged in the present argument of Provincial Administration saga with the president Kibaki appointments of 33 DCs which he Kibaki and PM Raila are trying to force on Kenyans people throats. They are creating serious cracks meant to infuse Satanic verses into the New Constitution and as well to deny the “People-Driven Constitution” to take root. There are growing perception that the Executive could be running away with the implementation of the New Constitution without involving the people and their Representatives, so they can have their corruption and impunity undeterred. This want to continue with business as usual and maintain their Status Quo. This behavior must meet with pressure from the Public at large and the World, for it to be scrapped off.

It is believed that human beings enjoy and are at peace when surrounded by an environment which provides certain natural rights and freedom that which is engraved within their Community Culture and Traditions. Slowly as life and development changes, they adjust to those conditions which do not come so sudden. The Government therefore, is entrusted to provide security and safeguard those rights. The New Constitution confirmed and solidified those Peoples rights which must not be blocked by nobody. Among those rights are security for life, Liberty and protection and preservation of public property, in order to legitimize Constitutional laws and foster factors of common good we all share under the People-Driven Constitution which we all became a part of its success story.

There are growing anxiety with anticipated risks that Kibaki, Saitoti and PM Raila with Moi and Kalonzo Musyoka behind the scene, could be having sinister motives to block transparency and keep away active involvement of the people, (of whom the New Constitution is all about) and their Political Representatives from engaging into the success Constitutional Implementation. This confirms fears that Libya’s President Muammar Gadaffi and China are fully in charge of Kenya, since there are active rumors that President Gadafi and China had bought Luo Nyanza and the Coastal Regions, the reason for the Provincial Administration, as well as the reason for the 33 DCs clerical appointees by President Kibaki to be their watchdogs merged with instruments Al-Shabaab (Gadafi’s terrorists) in the local village regions, the reason why Saitoti jumped the gun to sneak the Provincial Administration factor, so he can use these elements on factors of Impunity during 2012 election, the reason why Ruto and Kalonzo Musyoka are championing for Agriculture takeoff in the Coast and the Reason why Mutula Kilonzo is up in arms sending Bwana Ocampo to pack-off and leave Kenya alone……I tell you, this one, they have dialed a wrong number. It is an open truth that they had sold Kenya to China and to Gadafi and installed Muammar Gadafi as the President of Africa. They should look for their Kenya/Africa to sell to China and or Gadafi, not the Kenya I know or the Africa that I know. They are already punctured, na wamekula huu na hasara juu. It is time for pay back people ! …Wacha walipe mali ya uma mali ya wanainchi…..Let them begin to pay back what they stole and sold in darkness. Kenya and Africa is for Kenyans and for Africans. No one is going to suffer under the rulership of Islamic Fundamentalists in the name of Al-Qaeda or Al-Shabaab the way they destroyed Somalia. They know when all goes banana, they will take planes and disappear and leave Kenyans and Africans suffering after they created a mess for Kenyans and Africans. Tell them people, tell them. Do not spare anyone. Shape the Constitution the way it fits with your way of life and how it will provide gains to all of you. We are here, Africans are watching, friends are watching, the whole world is watching and big brother is watching very keenly too.

At the end of the day, elect characters that are able to deliver. Let everybody begin to take shape by way of their actions and deeds. Those who do not support public interest, security and needs, when voting comes, ditch them. No foreign influence should dictate how you should live your life and sell your valuables. Know they have an upper interest to defraud and intimidate Africans to bulkinize their riches for their people. A leader who does not protect and take considerable measure to provide for his people is not worth being a leader.

Ocampo should be left to do his Job which he started and in a weeks time, get those 20 genocide suspects to Hague. We want Liberty for Kenya and Africa and Liberty MUST prevail.

Connect the stories here under and you will learn the bitter truth where these co-joined Executives are trying to sneak their dirty Satanic verses and bad behaviors to confirm Kenya is already a sell-out. Do not give them those opportunity people !…..

I therefore request Leaders of the World to step in and help poor Kenyans to haul genocide suspects to Hague and clear Kenya from security risks of Al-Qaeda and Al-Shabaab. Somalia should be stabilized so that Somali Citizens can be returned home where there is safety as soon as possible. Al-Shabaab and terrorists must be cleared when the world is in search of Peace, Unity and Love. Without peace there will be no business, harmony or tranquility. Nature will therefore be completely destroyed.

We look forward to everyone getting involved including world community and leadership to save a situation in Kenya and in Africa.

God Bless us all as we begin to get fully engaged to save the world.

Yours Truely,

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

– – – – – – – – – – –

Mutula to Ocampo: Quit Kenyan probe

By LUCAS BARASA lbarassa@ke.nationmedia.com
Posted Saturday, September 18 2010 at 22:00

In Summary

· The justice minister argues that the new constitutional order will ensure strong structures to punish violence culprits

A Cabinet Minister has launched a controversial campaign to stop the International Criminal Court from investigating and prosecuting post-election violence suspects.

Lawyer Mutula Kilonzo, who holds the Justice portfolio, claims that trial sought by the ICC chief prosecutor Moreno-Ocampo after he completes investigations in the next few weeks will be unnecessary when Kenya establishes a new judiciary, appoints an inspector-general of police, and installs a new director of public prosecution under the new Constitution.

The minister, whose docket is crucial to obtaining justice for the victims of the violence that broke out after the 2007 General Election, argued: “When these (appointments) are in place, we can say that Kenyan judges meet the best international standards. After that, I can even tell them not to admit the ICC case. Why on earth should a Kenyan go to The Hague?”

But the Minister’s proposal, raised in an interview with the Sunday Nation, drew immediate opposition from the Law Society of Kenya and Government Chief Whip Jakoyo Midiwo.

Law Society chairman Kenneth Akide also disagreed with Mr Kilonzo, saying the new Constitution requires that Kenya respect agreements it had signed, including the Rome Statute that created the ICC.

“The ICC has not been replaced because of the new Constitution,” Mr Akide told the Sunday Nation by phone from China.

He said the judiciary and police were yet to be transformed to effectively deal with post-election violence suspects. He added that, contrary to Mr Kilonzo’s assertion, the judiciary “has always existed, but the country sought ICC intervention because of lack of political will to prosecute the suspects.”

In an exclusive interview, Mr Kilonzo said the administrators of the Hague-based court should know that Kenya now has a “new prosecutorial system and a new police under a new Constitution.

“I’m totally convinced. One million per cent convinced. The case before the ICC has not yet been admitted. It can only be admitted after (ICC chief prosecutor Luis Moreno) Ocampo finishes his investigation.

“I advocate a local tribunal partly because I’m a Kenyan, and I cannot entertain the idea of a foreign court having to investigate a fellow citizen on offences committed against fellow citizens,” Mr Kilonzo said.

“Under Articles 2, 4, and 5 of the new Constitution, we can now tell the world: If we appoint a new director of public prosecution, a new broom will sweep clean,” he said.

He said the Bill on vetting sitting judges and recruiting new ones, which would also look at “their temperament, their history and everything else”, was in place.

Mr Kilonzo, who has been at the forefront of pushing for the prosecution of post-election violence suspects, said the panel conducting the vetting of judges could have access to advice from intelligence services, the police, the office of the Attorney-General, and the Advocates Complaints Commission.

An ICC delegation is expected in the country next week. Mr Kilonzo’s comments come at a time when a more robust ICC process is at play as Mr Moreno-Ocampo appears keen to complete his investigations of key post-election violence suspects by the end of the year.

He is expected in the country in the next few weeks to bolster the ICC investigations. The ICC process was for some time overshadowed by the August 4 referendum, but it is now in high gear after the signing two weeks ago of an agreement to allow the court to set up an office in Kenya.

A section of the Cabinet is unenthusiastic about the ICC, while other ministers are pushing for charges against perpetrators of the violence that left 1,133 people dead.

The ICC’s actions could dramatically affect the country’s political scene as some of those mentioned in connection with the violence harbour plans to run in the 2012 General Election.

Mr Kilonzo said potential witnesses have been given protection in several places, but any trials could be carried out locally.

“My challenge to Kenya is this: You gave yourselves a beautiful gift on August 27. Give yourselves another one by telling the world through the institutions that we created to keep off,” Mr Kilonzo said.

The minister said he was personally unhappy with the way the country had dealt with the thousands of Internally Displaced Persons and that he would have liked a special division of the High Court to deal with the matter.

Sudanese President held talks with Kibaki

By PETER LEFTIE pmutibo@ke.nationmedia.com
Posted Sunday, August 29 2010 at 22:30

In Summary

Sudan leader’s movements

· Between 7.30 and 8.30am: Arrives in Nairobi and is received by Tourism Minister Najib Balala.

· 9.16am: A relaxed President al-Bashir arrives at Uhuru Park amid tight security to the surprise of the dignitaries and the huge crowd.

· US Ambassador Michael Ranneberger moves from his seat to engage his Sudan counterpart Majok Guandong.

· President al-Bashir takes a front row seat among other heads of state as the ceremony begins

· 1pm: Proceeds to State House before excusing himself from the state luncheon as he is fasting. He is driven to the airport and flies back to Khartoum

Sudanese President Omar al-Bashir held talks with President Kibaki and other visiting heads of state after the promulgation of the new Constitution on Friday. But he declined to join the rest of the guests for a luncheon at State House and instead, headed straight to the airport.

Cabinet ministers said Mr Bashir, a Muslim, excused himself saying he was fasting. Muslims worldwide are observing one month of fasting, Ramadhan.

“They held a round-table sort of meeting, all of them were there, including Museveni, Kagame, Karume and the others,” said one minister.

“He announced he could not join us for lunch because he was fasting,” said a source who declined to be named because of the visit’s controversy.

The details emerged as the government tried to defend its decision to invite the Sudanese leader, who has a warrant of arrest for alleged war crimes and crimes against humanity, and on charges of genocide in Sudan’s western province of Darfur.

Kenya, a signatory to the treaty which set up the ICC, is obliged to arrest Mr Bashir. Foreign Affairs assistant minister Richard Onyonka said Kenya invited Mr Bashir and Southern Sudanese President Salva Kiir in the spirit of the Comprehensive Peace Agreement which will culminate in a referendum in that country in January.

The sources said chief mediator Kofi Annan, who has condemned Kenya for hosting Mr Bashir, was not at State House during the heads of state meeting and only joined other dignitaries at the luncheon after the Sudanese leader had left.

The Nation learnt that President Bashir arrived and left through Jomo Kenyatta International Airport on Friday morning and signed the visitors’ book for world leaders who come into the country.

On Sunday, a leading political consultant warned that Kenya could suffer dire consequences for the visit. “The consequences are dire because we risk being branded a rogue democracy condoning injustices in Darfur. It will cost us a lot to rebrand Kenya,” said Prof Peter Kagwanja, who heads the Africa Policy Institute.

“My appeal to the international community is to understand Kenya’s predicament of trying to promote regional peace and stability and our commitment to the Rome Statute.

“The coming of Bashir was part of the engagement by the government to promote regional peace and stability, which is part of our mandate as a regional power, but his invitation brought a collision of two issues, Kenya’s obligation to bring peace in the region and its obligations to the Rome Statute,” he said.

Already, the International Criminal Court has reported Kenya to the UN Security Council. The Security Council is yet to respond to a previous ICC notification that Sudan itself was not cooperating with the court. It is not clear it will do so now and reprimand Kenya.

A source familiar with ICC investigations into the 2008 post-election violence said a senior officer, Mr Emergi Rogogier was in Kenya last week to gauge the government’s commitment to arresting the violence masterminds. It is unlikely he will return a positive verdict after Mr Bashir’s visit.

Libyan leader Muammar Gaddafi is world famous for his fiery world view, expressed in bombastic speeches and garnished with contempt for convention.
An all-female bodyguard, pitching Bedouin tents in five-star hotels and throwing tantrums is the image you have of the Libyan showstopper.

New law recognises Provincial Administration, says Mutula

By Mugumo Munene
Posted Saturday, September 18 2010 at 22:00

In Summary

· Since independence, it has never enjoyed legal recognition, Justice Minister Mutula Kilonzo tells writer Mugumo Munene.

You published three Bills last week. What are the priority areas in implementing the new Constitution?

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· Public to get more lessons on laws

We have published the Bills on the Commission for the Implementation of the Constitution, on the vetting of judges and magistrates and the Judicial Service Bill. For us, these are extremely urgent.

I’m a little disappointed that Parliament adjourned before looking at the Bills that Cabinet had approved. It means that Parliament will have to appoint the committee, and I will take them through the Bills, eating into the time within which we should accomplish this.

The Judicial Service Commission should be established by October 27 and the Commission for the Implementation of the new Constitution (CIC) before November 27.

The vetting of judges and magistrates is even more important because you cannot appoint them to the Judicial Service Commission unless they have been vetted. It is also urgent to establish the Supreme Court. I would like it very strongly established prior to the 2012 elections.

The other important one is the Revenue Allocation Commission. Although the Treasury should be the one to originate the Bill, we have already discussed it, and I’m hoping that it will soon be presented to Cabinet because it should be in place by November 27.

There is a chicken and egg situation. What comes first, the vetting of judges and magistrates or the establishment of the Judicial Service Commission?

The Bills that we have presented are neutral about who the Chief Justice is. The institutions have taken centre stage. Vetting is first, followed by the Judicial Service Commission and then shortly after, the establishment of the Supreme Court.

In establishing a Supreme Court, you automatically establish a new Chief Justice. All of this could even happen while Mr Justice Evan Gicheru is in office.

What about the Interim Independent Boundaries Review Commission? There has been disagreement about what they can or cannot do before they wind up.

It is clear to me that the IIEBRC should be established very urgently. I don’t want commissioners (at IIEC) feeling anxious. We need certainty in their minds so that they can get involved in planning the new electoral law.

The other one, which is extremely crucial, is the County government law. Although we have been given until 2012, the anxiety touching on politicians is amazing, and therefore I consider the structure of county law critical.

Yet unlike all the other statutes, we must consult all 47 counties so that we have a uniform understanding. There are people who think that they will be governors or senators of independent states or in a federal system.

I would like to tell them that Kenya is still a unitary state with one chief executive called president. All we have done is to devolve power to the grassroots.

Why should the Ligale team just wind up and do nothing more?

It arises out of my firm understanding that the interim body has less than 60 days to finish its term. The new body has a clear mandate. You cannot put old wine into new bottles or vice-versa without causing friction.

I have requested the Prime Minister for a meeting so that all of us speak from the same page. On November 27, Hon Ligale and his team must retire.

What would happen if the Ligale team decided to change boundaries before November 27?

Under the old constitution, their mandate was limited to presenting their recommendations through this ministry to Parliament that had the ultimate power to decide.

When the Parliamentary Select Committee invited them to Naivasha, they snubbed that committee and said they were independent.

Little did they know that the PSC could influence the Committee of Experts. The new body, under the new Constitution, will not need to report to Parliament. It only gazettes, but they cannot interfere with the number of constituencies; they can only alter the boundaries.

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· Public to get more lessons on laws

Will the position of councillor be abolished in the implementation?

The Constitution does envisage wards that will always be represented by councillors. The other position created is that of a County representative to attend the County Assembly. There is no contradiction.

Anybody doubting that councillors will continue has not understood the Constitution. The functions of the IIEBRC go down to the ward. I have told councillors to relax. No one else can represent a ward.

The county representative, with due respect to councillors, will be a different genre of politician, just one slot below the Senator. The MP is one slot above the Senator although there are politicians who think otherwise.

And what is the fate of the Provincial Administration?

The Provincial Administration is a very important institution. Since independence, it has never enjoyed legal recognition. The Constitution has given it that recognition by requiring that it be restructured to bring it in line with a devolved government.

We have created an executive president, and he must have a way of not only implementing the manifesto he sells to Kenyans, but also a method of communicating with the administration because he is the chief executive.

How far have police reforms gone?

For me, the police reforms are critical and very urgent. Fortunately, Prof Saitoti has told me that his Bills are ready.

The police are vital. Arising from that, the creation of the office of Director of Public Prosecution is important.

The time for Kenya to begin sending the signals that the country is now capable of handling post-election violence is now.

Raila moves to avert split in Luo council

Published on 17/09/2010

By ANDERSON OJWANG and KEPHER OTIENO

Prime Minister Raila Odinga has moved to forestall a major split between the Central and Southern Nyanza over the leadership wrangles for the post of Ker — chairman of Luo Council of Elders.

At a charged meeting on Friday, elders and MPs took different positions with Bondo MP Oburu Odinga and his Rangwe counterpart Martin Ogindo calling for unity of the community and amicable solution to the wrangles. “We can never have South and Central Nyanza split. I implore you people to allow us to go out with the elders and MPs who are present so that we can find a lasting solution to this matter,” Raila said.

Raila said there was need to resolve grumbling in the council and that is why they agreed to have an election.

Embattled chairman, Mzee Riaga Ogalo, said he was still the chairman and that propaganda had been manufactured to discredit him.

AU to protest genocide report

Rwandan President Paul Kagame answers reporter’s questions during a news conference. PHOTO/ FILE

By WALTER MENYA menyawalter@yahoo.com
Posted Saturday, September 18 2010 at 22:00

Rwanda has demanded that the document be amended. And the UN has delayed its publication until October 1, ostensibly to allow countries opportunity to comment on its contents.

Was the leak deliberate? If it was then why did Mr Ban rush to Rwanda? For a document with such weighty contents to be leaked, someone had a score to settle with President Paul Kagame and Rwandans.

Former ambassador Prof Dick Kikaya believes the leak may not have been deliberate.

“In the current period of freedom of information, one cannot be too tight with information,” Prof Kikaya pointed out.

Exposed UN

Another former ambassador and Masinde Muliro University don, Prof Frank Matanga, says the leak has exposed the UN and left it with no option but to cause the amendments as demanded by Rwanda.

The recognition of Rwanda’s growing importance in African affairs, Prof Kikaya added, should provide a good starting point to mobilise the AU block to demand tighter structures to forestall any future leaks.

“The burden is on Rwanda’s diplomatic corps to lobby the African caucus to give its position on this matter,” he added.

Rwanda’s growing importance in the continent since the genocide in 1994 can be seen in its peace efforts in the region.

It currently has 3300 peacekeeping force and 86 police serving with a joint UN and African Union force (Unamid) in the troubled western Sudanese region of Darfur. It is led by Rwandan Lt Gen Patrick Nyamyumba.

Another 256 troops serve with the UN Mission in Sudan (Unmis), which is supporting the implementation of a peace deal between north and south.

“Rwanda was the first country to send troops to a very treacherous place to monitor implementation of the Comprehensive Peace Agreement. It therefore pioneered the African-based force,” Prof Kikaya pointed out.

Instead of bashing Rwanda, the UN should be thanking the country for evolving African-based peace keeping in the continent, added Prof Kikaya.

Though other African states have been mentioned in the report, Rwandan troops and their Congolese rebel allies have been singled out on allegations of killing tens of thousands of Hutus, including civilians.

They were supposedly killed when the largely Tutsi Rwandan army invaded DRC in pursuit of those responsible for the 1994 Rwandan genocide.

It reads in part: “The systematic and widespread attacks described in this report… reveal a number of damning elements that, if they were proven before a competent court, could be classified as crimes of genocide.”

Angola who also sent its troops to DRC is also mentioned in the leaked report. When the details of the leaked report emerged, President Kagame threatened to withdraw the troops from Sudan. Immediately, Mr Ban flew to Kigali to urge Rwanda to rethink its position.

On the threat by Rwanda, the UN also moved swiftly to cancel the report’s publication until two weeks from now. And the 65th Session of the UN General Assembly presents Rwanda and the AU opportunity to push through amendments to the report.

Prof Matanga believes that it depends on how Rwanda’s both bilateral and multilateral diplomacy plays out.

“I am sure there are a lot of consultations going on and chances are that the AU will go for nothing short of amendments as demanded by Rwanda,” notes Prof Matanga.

Die with Rwanda

He adds that in the same way AU defended Kenya over the hosting of Sudan President Omar al-Bashir, who has been indicted by the International Criminal Court, the organisation “will die with Rwanda”.

The Central African state was hit with genocide in 1994 in one of the worst post-World War II marked by the extermination of Tutsis and moderate Hutus.

An estimated 800,000 people from the minority Tutsi population and moderate Hutus were slaughtered in massacres carried out by Hutu extremist militias, the Intarahamwe.

Why Kitili family dropped private probe

By KITAVI MUTUA kmutua@ke.nationmedia.com
Posted Saturday, September 18 2010 at 22:00

In Summary

· Nyiva Mwendwa discloses the findings of a private investigation into her husband’s death and why it was stopped

When Kitili Mwendwa died in a road accident in September 1985, the then Attorney-General, Matthew Guy Muli, instituted a judicial inquest to probe the matter amid widespread suspicions of foul play.

The public hearings conducted by a Nairobi court were delayed until after the subsequent by-election occasioned by the MP’s death, reportedly to give the Mwendwa family a chance to participate at the inquest.

However, unbeknown to the country, the family decided to launch a private investigation soon after the burial to find the suspected killers. They felt that the government-driven public inquest was “a mere public relations exercise which would validate a possible cover-up of the truth”.

The first time

His widow, Mrs Nyiva Mwendwa, has for the first time disclosed how she hired a private detective to conduct investigations parallel to the public inquest proceedings.

“I wanted to know the truth about my husband’s sudden death as all the circumstances surrounding the accident suggested foul play. Besides, it was very difficult for us as a family to reconcile with his demise,” she told the Sunday Nation in an exclusive interview.

Mrs Mwendwa recalls how the late AG, a close family friend, read Kitili’s eulogy at the burial and promised that the government would leave no stone unturned in unravelling the mysterious death, but she still felt compelled to seek justice through alternative means.

She says she contacted a retired senior police officer who ran a private investigations firm and gave him the onerous task of finding the identity of those she suspected to have killed her husband.

“Having lost my husband and best friend of over 20 years, it was a very difficult and trying moment for me, and I just had no faith in the public inquest,” she said, adding that the private sleuth was intent on getting to the bottom of the matter.

Curiously, on the first day of the inquiry, Mrs Mwendwa’s brother-in-law, Kyale Mwendwa, who had replaced her husband as MP for Kitui West, was appointed the minister for Water Resources by President Moi.

“We got the news of his appointment as Kyale, who was the first witness, took to the stand. There were mixed feelings with some people seeing it as a consolation to the Mwendwa family while others saw it as an attempt to scuttle the whole exercise,” she says.

Details of how evidence gathered by the private detective sharply contrasted with the findings of the public inquest have remained a close family secret since Kenya’s first African Chief Justice died 25 years ago.

However, Mrs Mwendwa’s search for justice and truth was abruptly cut short when the investigator was suddenly killed in a mysterious car accident before he was done with his assignment.

The detective, the only remaining hope for the Mwendwa family to know the truth, died in circumstances similar to those in the case he was working on.

“I was scared, shocked and felt completely intimidated. The guy’s sudden death was a clear warning to me that my steps were being closely monitored and I had no choice other than to give up,” the former minister recalled. “When the court finalised its own probe, I was not surprised when the inquest concluded that it did not find evidence to suggest foul play in Kitili’s death,” she added.

Mrs Mwendwa says she decided to move on with her life and for the sake of her children forgave whoever was involved in the suspected killing but still hopes one day the truth will come out.

Viewed suspiciously

She traces the troubles her husband had with the government to the detention of leaders of the outlawed opposition party Kenya People’s Party soon after the assassination of minister Tom Mboya.

“Having served under then Vice-President Jaramogi Odinga as his permanent secretary, Kitili was viewed suspiciously by Kenyatta’s inner circle. They had become great friends,” she explained.

After being released from detention in 1970, Mr Odinga telephoned his friend, Mr Mwendwa, and sought an appointment to see the Chief Justice.

“Kitili later learnt that his telephone line had been tapped and their planned meeting been leaked to high places when then Attorney-General Charles Njonjo warned him against hosting Jaramogi for a courtesy call in his office,” she said.

According to Mrs Mwendwa, Kitili narrated to her the episode of his tapped telephone conversation with the former VP and the government’s attempts to frustrate their meeting, and said he would not shy away from meeting his friend Jaramogi.

Fresh from detention, Jaramogi, then a thorn in the flesh of Kenyatta’s regime, went ahead to pay the courtesy call on the CJ against the wishes of the President’s inner circle.

“We even hosted the KPU leader at our Nairobi home and, though Kitili was not called to account for his open defiance, we knew that the die was cast and all manner of schemes would soon be unleashed to punish him,” said Mrs Mwendwa.

She added that despite all the accusations that flew around, President Kenyatta had a soft spot for Kitili, and he respected her close friendship with First Lady Mama Ngina.

“When accepting Kitili’s resignation from government, the late President regretted the turn of events and surprisingly implored him not to allow political passions to strain or break our families’ bonds of affection,” Mrs Mwendwa recalled.

The former Kitui West MP, who became the first female minister in Moi’s administration, remembers with gratitude how Mama Ngina intervened and defended the CJ before Kenyatta when he was accused of attempting to overthrow her husband’s government.

Criminal charges

This helps explain why Mr Mwendwa was allowed to resign in 1971 without criminal charges being preferred against him and why Mrs Mwendwa joined elective politics soon after in 1974 when the political atmosphere was still hostile to the family.

“Mama Ngina stood with us during our most trying moments when other friends avoided us like the plague. We’ve maintained our friendship to date and I have a lot of respect for her,” she said.

Coincidentally, Mrs Mwendwa was with the former First Lady in Zurich, Switzerland, when Kitili died, and Mama Ngina is the one who broke the news to her after being telephoned by her daughter, Christine Kenyatta.

The two families also shared glorious moments such as the 1969 opportunity the young CJ got to swear in President Kenyatta after that year’s General Election. A photo taken during the swearing-in ceremony hangs at his mausoleum.

Brace for new law implementation hurdles, says Moi

BY LEONARD KORIR and KIPCHUMBA KEMEI

Politicians led by former President Daniel Moi called for unity among Kenyans saying constitutional debate was over and what remains only was its implementation.

The former Head of State defended himself on his stand during the referendum campaigns saying he had reasons for his decision.

He was speaking yesterday during the homecoming celebration party for the new 800m world record holder David Rudisha in Kilgoris.

Moi told a mammoth crowd which turned up to welcome the heroic Rudisha that Kenyans would soon prove him right on why he chose to say ‘No’ during the polls.

“I want it known that I never opposed this new law just to get cheap publicity but I had reasons for my action,” said Moi.

difficult times ahead

He said Kenyans should brace themselves for difficult times yet to be brought by the passage of the new constitution .

“This new law has a lot of shortcomings which are not favourable to the ordinary citizens and leaders should not sit back and watch things done the wrong way,” Moi said.

Speaking at Kilgoris DEB playground, Moi said the Government should know that Rift Valley Province voted overwhelmingly against the new law and its people should not be victimised for exercising their democratic right.

The retired president also faulted the Government for legalising local liquor saying it would spoil the entire generation of youth. Vice-President Kalonzo Musyoka avoided politics and instead called on the Government through Ministry of Sports to set up an Appreciation and Welfare Association to rewarding excelling sportsmen and women.

He urged leaders to stop talking ill of Moi but instead respect him for uniting Kenyans during his 24-year rule.

Higher Education Minister, William Ruto, said it was time to implement the new Constitution and urged leaders to stop politicking.

“This is the time to deliver to Kenyans what the new Constitution stipulates and not to discuss how we voted in the last referendum,” said Ruto.

He said he was hopeful the new Constitution would propel the country to a better level. Others in attendance were MPs, Charles Keter (Belgut), Nkoidila ole Lankas (Narok South), Gideon Konchelah (Kilgoris) and several civic leaders from the new Narok County.

Veteran athletes Kipchoge Keino, Sammy Kosgei, Billy Konchelah, Charles Kokoyo, Japheth Kimutai, Stephen ole Marai, Noah Ngeny, Daniel Komen and Wilfred Bungei, among others attended the ceremony.

Ex-soldiers confess role in Kenya poll chaos

By PATRICK MAYOYO pmayoyo@ke.nationmedia.com and BERNARD NAMUNANE bnamunane@ke.nationmedia.com
Posted Sunday, September 5 2010 at 22:20

New evidence on how Kenya’s post-election violence was planned, funded and executed has been revealed.

The International Criminal Court says the fresh information was supplied by former soldiers who trained youths who caused the mayhem in various parts of the country.

The witnesses had not given their testimony to the Waki commission which investigated the violence for fear of their security. But they had spoken out after being assured that the court with its seat in The Hague would protect them.

The revelation by an official conversant with ICC investigations came as it emerged that the court would carry out a publicity campaign to ensure Kenyans fully understood its mission.

The official also revealed that ICC Prosecutor Luis Moreno-Ocampo would visit Kenya early next month and head to areas which were hardest-hit by the 2008 violence in which 1,133 people were killed and over 650,000 ejected from their homes in two months of violence that followed the disputed 2007 presidential election.

Among the areas he will visit are Eldoret, Naivasha and Nairobi. President Kibaki of the Party of National Unity was declared the winner but his challenger, Mr Raila Odinga of the Orange Democratic Party disputed the results saying the election had been stolen.

The violence ended after the two signed a peace accord brokered by former UN secretary-general Kofi Annan in which the two agreed to share power with Mr Kibaki as President and Mr Odinga as Prime Minister.

On Sunday, the official working closely with The Hague on the investigations said more key witnesses who had agreed to co-operate with Mr Moreno-Ocampo included chiefs and their assistants from areas affected by the violence.

“The chiefs and their assistants were used in raising and distributing funds to the militias mostly in Rift Valley,” said the official who did not want to be named because of the sensitivity of the matter.

“The information provided by the new witnesses is crucial in nailing the masterminds of the violence and

giving ICC the crucial evidence it needs to prosecute the culprits,” he said.

The Waki Commission report revealed that guns from Mt Elgon and an employee of the Eldoret bullet factory assisted the gangs who unleashed violence in the North Rift. The report, which laid bare an intricate plan, design and execution of the violence showed that supporters of a political party were planning to raid Ngano factory — the bullet makers — to steal ammunition.

They were also to seek the assistance of military personnel guarding the factory to train the youths on how to use the munitions. “Later on 4 January, (NSIS) identified an employee of the bullet factory in Eldoret as the leader of youth groups involved in the violence there, further claiming that they shared a password to be used to mobilise them for attack,” the Waki report said.

On Sunday, the official said six post-election violence witnesses had been taken abroad under the witness protection programme while six others were in safe houses locally and were just waiting to be taken out of the country.

The Hague has signalled its determination to carry out intensive investigations and conclude them by the end of the year. Last Friday, the government signed an agreement that allows the court to set up an office to coordinate its activities with its staff enjoying the privileges and immunity enjoyed by diplomats.

The deal also included victim and witness protection and logistical support for ICC operations. The court’s registrar, Ms Silvana Arbia, said she trusted that the government would fully respect its obligations under the Rome Statute and facilitate the work of the court.

The Hague has the backing of the international community which wants to ensure that prominent politicians and business people who planned, financed and helped to execute the post-election violence are arrested and brought to justice.

Mr Moreno-Ocampo was in the country in May for a preliminary visit with post-election violence victims from different parts of the country, suspected perpetrators, witnesses and government officials.

Reports of threats against potential witnesses have been on the increase with the Kenya National Commission on Human Rights warning that the ICC may not succeed in its mission unless the witnesses were given protection.

Last week, Ms Arbia said the ICC had received close to 400 applications from people who are willing to give evidence on the violence.

Mr Moreno-Ocampo has given clear indication that he will pursue two sets of crimes and in each prosecute two to three suspects: those that were committed by sponsored militias and other gangs; and those committed by state agencies.

300 new spies will soon be in your midst

Published on 07/09/2010

By CYRUS OMBATI

The national spy agency now has more eyes and ears on the ground after boosting its intelligence gathering capacity in time for the introduction of county governments.

More than 300 new spies have joined the National Security Intelligence Service (NSIS) and are undergoing training at the National Intelligence Academy.

It is believed NSIS is being strengthened to cope with expanded roles under the new Constitution.

The recruitment of the undercover agents was done a few months ago to help the spy agency in achieving its mandate.

NSIS’s former headquarters in Nairobi. The spy agency is a vital component of the security system. [PHOTO: FILE/STANDARD]

With the promulgation of the new laws, the agency’s name changes to National Intelligence Service (NIS) and it is tasked with security intelligence gathering and counter intelligence roles.

“There is nothing sinister because they will be there to serve Kenyans,” said an official at the Office of the President who asked for anonymity. ……(How come, we already begin to smell a dead rat)

The advertisement for vacancies in the agency was published in the print media in May 2010.

Insiders said the recruitment was done in anticipation of the new Constitutional dispensation in the country. NSIS officers are some of the best-paid government personnel.

Office of the President, under which NSIS falls wants to ensure deployment of the personnel is done in all regions, once the new Constitution is operational.

Currently, there is an intelligence officer in each of the 278 districts across the country.

Overstretched

Some sources argued that with the recent increase of the number of districts in the country, the operations of the agency have been overstretched.

“No one wants to be caught off-guard when the Constitution starts to work,” added the source.

NSIS collects internal and external intelligence for analysis and action. The new Constitution has changed the name of the agency to National Intelligence Service (NIS).

Article 242 of the Constitution says NIS will be responsible for security intelligence and counter intelligence to enhance national security.

It will also perform other functions prescribed by the national legislation.

In 1998, a new Act of Parliament in Kenya established the National Security Intelligence Service (NSIS) to replace the former Directorate of Security Intelligence, which was commonly known as the ‘Special Branch, the dreaded wing of Government.

It was part of the Kenya Police Department and was used to crack down on political activists fighting for reforms.

The NSIS brief, like many intelligence organisations, is to gather and exploit secret information.

Threats

It identifies conditions that threaten Kenya’s political, economic and social stability. It subsequently develops opportunities and strategies to neutralise such threats.

The Current NSIS Director General Maj-Gen Michael Gichangi took over from retired Brig Wilson Boinett.

Boinett was appointed by former President Moi to head NSIS.

Kenya’s spy agency is divided into seven sections including Information Technology , Internal Intelligence, External Intelligence, Analysis & Production, Operation and the National Intelligence Academy and administration.

The NSIS was recently in the news after Attorney General Amos Wako sensationally claimed its agents approached him to make illegal changes to the draft of the proposed Constitution before it was printed.

In the new Constitution the NIS is considered a critical security organ, listed alongside the Kenya National Defence Forces, the National Police Service.

The primary object of the national security organs and security system is to promote and guarantee national security in accordance with principles of national interest and prosperity.

security organs

Under the new Constitution, Parliament is expected to enact laws to provide for the functions organisation and administration of the national security organs.

It was not immediately clear if any bills relating to the NIS were being drafted to help the institution conform to the new Constitutional order.

Previously, the agency was called Special Branch, and it was a dreaded arm of the police. Its officers could arrest and drag suspects to court.

But the NSIS has been professionalised, with its officials being civilian agents who collect information and share it with other government security organs.

But of late, the agency is regarded to have either lost its ability to be on top of events as they unfold, or its briefings are being ignored.

A lot of questions were raised about the effectiveness of the agency after the post-election violence erupted in 2008, following a disputed presidential election.

Mutula criticised for remarks on ICC Kenya probe

Justice Minister Mutula Kilonzo (pictured) on Sunday came under immense criticism for suggesting that with the passage of new constitution and new institutions to follow, post-election violence suspects can be handled at home.

By LUCAS BARASA
Posted Sunday, September 19 2010 at 13:45

Justice Minister Mutula Kilonzo on Sunday came under immense criticism for suggesting that with the passage of new constitution and new institutions to follow, post-election violence suspects can be handled at home.

Civil society leaders said the minister’s latest affront on the International Criminal Court is reaffirmation of betrayal of commitment to end impunity for human rights atrocities in Kenya.

“It further exposes the depth and extent of a well knit choreographed political scheme being played by powerful forces within the government which affects not just the justice for post-election violence but also the Truth Commission and the implementation of the Constitution,” International Centre for Policy and Conflict executive director Ndung’u Wainaina said.

He added: “It is outrageous. It is something to make every Kenyan get worried on the Government’s commitment to justice for post-election violence victims and correct implementation of the Constitution.

In an exclusive interview with our sister publication the Sunday Nation, Mr Kilonzo, whose docket is crucial for ensuring justice to post election violence victims said the new laws would strengthen the judiciary and police to deal with the chaos that left 1,133 people dead and more than 600,000 uprooted from their homes.

Kenya National Commission on Human Rights commissioner Hassan Omar said the statement raised questions over Government’s commitment to the ICC process, just weeks after it attracted local and international spat by inviting wanted Sudan President Omar Bashir to attend the promulgation of new constitution.

Mr Omar said Mr Kilonzo’s remarks symbolize the Government’s slow diversion from respecting and cooperating with the court as political re-alignment emerge ahead of 2012 elections.

The statement, Mr Omar warned, would not to augur well for Kenya internationally, its democracy and efforts to fight impunity.

Mr Omar said the ICC process is irreversible, adding that Mr Mutula’s assertion shows the Government invitation of Mr Bashir was deliberate.

He said it will take two to three years before the new constitution starts functioning well, a thing that if relied on could delay justice to victims and perpetrators of the violence.

“There’s absolutely no basis for substituting the ICC with the new constitution. The process must go on,” Mr Omar said.

He said some perpetrators of the skirmishes have been strategising to delay the ICC process and warned “any further delay will be a miscarriage of justice.”

Mr Omar said it is almost three years since the killings occurred and that it is important that the efforts to attain justice is speeded up.

Nominated MP George Nyamweya said Mr Kilonzo “could be having some point as the country needs to reconcile, unite and find its own solutions to local problems.”

He, however, said it is up to the whole country or the coalition government to decide and make it clear whether it wants to proceed with the ICC process.

Mr Nyamweya said victims of the skirmishes need to be compensated and that the incident “could not just be wished away.”

Supreme Council of Kenya Muslims secretary general Adan Wachu said Mr Kilonzo should “stop goofing as he normally does on all national and international issues.”

“The new constitution he talked about requires that Kenya abides by all international rules it has signed,” Mr Wachu said.

The secretary general reminded Mr Kilonzo that Kenya is a signatory to the Rome Statute “and the minister as a senior counsel should know better.”

“ICC does not try riots, stealing, assault, arson and petty crimes as demanded by Mutula. The minister should stop the usual diversionary tactics by Kenyan leaders. His statement shows something must be cooking,” Mr Wachu said.

The ICC authorised chief prosecutor Luis Moreno-Ocampo to start investigations on the 2007 post-election violence in March. The names of some prominent politicians, government officials and businessmen suspected to have organised and funded violence are believed to be in list presented to the ICC by the Waki Commission which looked into the chaos.

A number of politicians suspected to be in the list enjoy large ethnic following and are interested in vying for presidency in 2012.

Kibaki and Raila silence ministers

Published on 15/09/2010

By Martin Mutua

The special session of Cabinet ended with most ministers tightlipped on the proceedings, as fears emerged Treasury’s failure to release funds could risk implementation of the new Constitution.

President Kibaki and Prime Raila Odinga chaired the sitting, which came against the backdrop of disagreements on implementation of the new Constitution — especially over the mandate of Interim Independent Boundaries Commission and redeployment of members of the Provincial Administration.

Some of the ministers conceded they were under orders to stop media wars over the new Constitution because of fear the exchanges could stall the implementation.

One minister was blunt: “Hatukubaliwi kuongea…..sisi tume chukua kiapo.” (We are not allowed to speak. We have taken oath of secrecy).

It is said the President and PM asked Cabinet ministers to stop trading accusations the implementation of the new Constitution enters a crucial stage, and continues to raise political temperatures.

No ministers, who are bound by the oath of secrecy and collective responsibility, was willing to give the details of the meeting that the Presidential Press Service reported approved the Judicial Service Bill 2010.

PPS outlined part of the mandate of the Bill as providing procedure of appointment, discipline, and removal of judges, other judicial officers and staff, and establishing National Council on Administration of Justice. The Council shall bring together all players involved in the justice system.

Cabinet ministers have for the past two weeks, been engaged in verbal war on how implementation of certain provisions of the new Constitution was to be undertaken.

Disagreements

The Prime Minister, Justice Minister Mutula Kilonzo, George Saitoti (Security), James Orengo (Lands), Otieno Kajwang’ (Immigration), Uhuru Kenyatta (Finance), Amos Kingi (Fisheries), and several Assistant Ministers have publicly aired their disagreements with their colleagues even though there is a Cabinet sub-committee supposed to build consensus among them.

On Wednesday, Roads Minister Franklin Bett called on his colleagues and MPs to concentrate on how well to operationalise the new Constitution.

“We need to tone down on how we talk and concentrate on work before us. We must first agree on issues before we go to the Press,” said Bett, who did not want to be drawn on what transpired in the Cabinet meeting. He expressed confidence the implementation would go on smoothly.

But Mr Uhuru, who is the Minister of Finance, is now on the spot over delay in coming up with a Bill on the stipulated Commission on Revenue Allocation, which would in turn make available money for the implementation of the new Constitution.

The critical commission will be the link between the National Government and the County Governments.

Fears have been raised whether the Bill would meet the implementation deadline, as outlined in the new Constitution, since it is supposed to be in place within 90 days after the promulgation of the new laws.

The Parliamentary Departmental Committee on Finance, Planning and Trade is now concerned that Uhuru, who is also Deputy Prime Minister, is silent on the matter. The Committee Chairman, Nambale MP, Chris Okemo, told The Standard his committee tried to seek audience with the minister over the matter, but in vain.

Parliament criticised

Mutula agreed the Commission on Revenue Allocation is restricted by a timetable in the new Constitution. Similarly, he said the constitution of the Judicial Service Commission and the vetting of judges and magistrate has a time limit.

The line minister said the process could be affected by Parliament’s failure to prepare the oversight committee before it adjourned. He said Parliament ought to have prepared and published Bills to restructure the Judiciary and create the Revenue Commission before breaking off early this month.

“The Bills should have been published before adjournment. The Vetting of Judges and Magistrates Bill is crucial because of the urgent need to interrogate judges who will serve in the Judicial Service Commission,” he argued.

uhuru summoned

The minister said the Judicial Service Commission should be established by October 27, as required by the new laws. He also said legislation to create the Commission on Revenue Allocation must be passed urgently to enable its establishment by October 27. Earlier, Okemo who is also a former Finance minister, said the committee met last week and resolved to summon Uhuru to shed light on the matter.

“The Bill has to come from the Ministry of Finance, but we also want to have an input in the legislation. We do not know whether anything has been done, that is why we have called the minister to appear before us next week,” Okemo said.

The Ministry of Justice and Constitutional Affairs has prepared the Commission on Implementation of the Constitution Bill 2010, which has been debated by the Cabinet, approved and published. It is waiting tabling before Parliament when it reconvenes on September 28.

The Chairman of the Public Accounts Committee Bonny Khalwale accused Mutula of abrogating the role of drafting the Bill without the input of the relevant House committee.

“We are going to amend that Bill and demand that members of the Commission apply for the jobs through the Public Service Commission subject to vetting by a reputable audit firm before recommendation by the Parliamentary Select Committee,” Dr Khalwale said.

Impeccable sources told The Standard Deputy Prime Minister and Minister for Local Government Musalia Mudavadi has already created structures for the 47 counties outlined in the new Constitution.

The sources said Mr Mudavadi has formed a task force to come up with the structures that will operationalise the counties.

Mutula also explained a new Director of Public Prosecutions has to be appointed to speed up investigation on unsolved crimes.

Pending issues include the bombing of a prayer meeting during the referendum campaigns and the prosecution of culprits behind production of fake copies of the Proposed Constitution later passed during the August 4 referendum.

Former detective reveals details of how outspoken Bishop Muge met his death

By WALTER MENYA wmenya@ke.nationmedia.com
Posted Saturday, September 18 2010 at 22:00

In Summary

· He talks of two previous plans by the dreaded Special Branch to ‘finish’ the vocal cleric

Had the Kiplagat team, which is supposed to dig out the truth from Kenya’s past, started off on the right footing, Kenyans would already have been treated to shocking details about their political past.

And it might just happen if they take up testimony from a former intelligence officer, James Lando Khwatenge, who has stepped out, saying the time has come to speak out on the atrocities committed in the 1980s and early 1990s by agents of the now defunct Directorate of State Intelligence.

The dreaded torture machine for the Moi government was commonly referred to as the Special Branch and Mr Khwatenge, who worked with the agency, says he knows the chilling details only too well.

He has contacted the Truth Justice and Reconciliation Commission to give his side of the story and provide highlights of what might turn out to be controversial revelations.

Mr Khatwenge, who left the security service as inspector in 1992, is waiting for his chance at the witness stand to tell Kenyans what he knows about the operations of the defunct State agency and the men and women they marked for torture and death.

Their only crime was challenging the government at a time when dissent was suicidal.

Anglican bishop Alexander Kipsang Muge was one of the many marked men. One of the Kanu hawks who had issued threats against the bishop was then Cabinet minister Peter Okondo. He had warned the bishop that should he step into Busia, he would not leave alive.

But Bishop Muge was not a man to take such threats. He was committed to the justice he lived and died for and he believed in speaking the truth.

On August 14, 1990 he decided to go to Busia for a crusade. On his way back to his Eldoret base, the outspoken cleric died in a mysterious road accident.

Observers and commentators did not miss the point of the threats that had been issued before his death. But that was as far as they could go.

Bishop Muge’s death was attributed to an ordinary accident. The driver of the “killer vehicle” was jailed for dangerous driving but died after serving five of his seven-year sentence.

Ordinary accident

But now Mr Khwatenge, who worked in Eldoret at the time, says the theory of an ordinary accident was only a cover-up, or even “an accidental” cover by the government for a murder well-planned and executed by agents of the Intelligence service. And that’s the testimony he so badly wants to tell the Kiplagat commission.

“This was an induced accident,” the former policeman told the Sunday Nation.

Mr Khwatenge says he was not involved in the mission and obtained details of what befell the bishop through his position in the Eldoret office.

According to him, days before the bishop died, four Special Branch officers from Nairobi arrived in Eldoret with specific orders to “finish the bishop” who was becoming a thorn in the flesh for the Moi regime.

This was at the height of clamour for the opening of democratic space and introduction of multiparty democracy.

Bishop Muge, Rev Dr Timothy Njoya and Bishop Henry Okullu were at the forefront pushing for reforms, but President Moi and his political lieutenants resisted, often accusing pro-reform voices of plots to destabilise the government.

The officers were seconded after “the Eldoret team failed to execute the mission”. At the time, Mr Khwatenge was serving in Eldoret as an inspector on a recent transfer from Mandera.

Bishop Muge’s biggest crime, claims the former security agent, was to publicly claim that people in West Pokot were dying of hunger and accusing the government of neglecting them.

“Those were the days when you could be poisoned but you could not say so. Everybody waited for our political leaders to say something then you all supported it. I don’t know for sure whether people were dying but I know that a decision was made to kill Muge,” Mr Khwatenge said.

Initially, two sites had been identified for the mission, he said. But each was dismissed for reasons that was not given to the assigned officers.

The first site was a ravine at Mutembur between Nasoko Girls High School and Kacheliba, West Pokot.

“The plot was to kill him and push his vehicle into the ravine and then fake an accident,” said Mr Khwatenge.

The second site was Chepkararat, inside Uganda but near the border with Kenya. Having worked in West Pokot, Mr Khwatenge remembers that the place was known for smuggling, prostitution and criminal activities.

Many people knew Bishop Muge in spectacles and simple hairstyle. In their plan, said Mr Khwatenge, Special Branch agents would remove his glasses and shave him clean. They would then remove his priestly robes and dress him up like a Pokot so that people would not recognise him. They would then take him and leave him among the tribal villagers who would have killed anybody dressed like a Pokot because of the enmity between the two cattle rustling communities.

Frustrating bishop

The plan to fake a disappearance was supposed to have worked perfectly well. This plan did not work and both police and Special Branch resorted to frustrating the bishop, he said.

A trained paramilitary explosives expert himself, those trailing him thought Bishop Muge somehow understood their motives.

“There are occasions he would be stopped on the road and be harassed. Whenever they did that, he recorded them on a voice recorder that he always carried in his pocket and kept the tapes,” said Mr Khwatenge. “It reached a stage when they were being pushed but they were not acting because he (bishop) was cleverer than them. He was a GSU-trained man, remember.”

Just when the Special Branch agents were considering giving up, an opportunity presented itself. The then Labour minister, Peter Okondo, warned him not to set foot in Busia.

“When Mr Okondo talked, he wanted to be seen to be so loyal to the President. As far as we in the Intelligence knew, he was not part of any scheme (to harm the bishop). Muge knew his life was in danger but when he heard Okondo saying that, it confirmed his fears so he dared them and went there.”

The minister was going to be the scapegoat, it was widely agreed. Immediately, four officers were dispatched from Nairobi to Eldoret. The four met a widely-feared senior officer. Mr Khwatenge recalls that the four men introduced themselves as dog handlers and requested an escort who would show them the crime-prone areas.

“They needed dog escort. That is to say they had been sent to carry out some work but they needed a local person to show them around,” he said.

A young agent of the rank of constable was chosen as the “dog handler” for two reasons. His home area was Busia and, secondly, he had worked in Lugari before he was transferred to Eldoret. Therefore, he had a good knowledge of the region.

What happened after they left Eldoret, Mr Khwatenge said, was narrated to him by the constable whose code-name cannot be published for legal reasons.

They started by trailing him to Busia. Surprisingly, Mr Khwatenge said the agents did not make attempts to hide it from their victim that they were following him.

They hurled insults at the bishop and made middle finger gestures every time they overtook his car just to annoy him.

“It is called hostile surveillance, where you make somebody aware that he is being trailed then he becomes emotional and irrational,” Mr Khwatenge said.

When Bishop Muge was returning to Eldoret, they kept up with their harassment.

“All along, Bishop Muge knew he was being followed and he was looking for a way to shake them off.”

So, when he was approaching Kipkaren town towards Eldoret, he noticed a lorry ahead of him that was emitting thick smoke.

The ex-intelligence officer believes Bishop Muge wanted to overtake the lorry in the cover of the thick smoke, and then make good an escape.

For the bishop’s plan to work, he had to wait for an oncoming vehicle, preferably a trailer and then make the manoeuvre – to overtake the smoke-emitting lorry at high speed and get back to his lane just before the oncoming one approaches to delay his tormentors from overtaking.

“After Bishop Muge crashed his vehicle, the man who was in charge of the operation from Nairobi came out of their vehicle and ordered the rest to stay behind. He went straight to Muge’s damaged vehicle and only God knows what he did there,” said Mr Khwatenge. “When he came back, he took a powerful communication gadget to call Nairobi and said, ‘Operation Shika Msumari successfully completed’. It meant the bishop had been pushed to his own death.”

But the death of Bishop Muge shook the country and galvanised the proponents of multipartyism to carry on with their struggle.

There was no independent confirmation of the claims by Khwatenge, which are likely to be investigated by the TJRC, to which he has submitted a statement. The commission confirmed that it had received his forms.

Police charged the lorry driver who was driving on his lane at the time of the accident with dangerous driving. He was also charged with stealing school milk after several cartons were discovered in the lorry. He later died in prison.

Mr Khwatenge says he has approached the Kiplagat team and filled the forms some four weeks ago. Mr Wafula Buke, who is now a statement taker with the commission, handed him the forms.

Prodded him

Afterwards, a friend he did not name approached him and prodded him to apply for a job as a statement taker at the commission, but he declined because he believes had he got the job, he would be unable to testify as a witness.

Witnesses and victims give highlights of their testimony only in those forms to help the commission determine which witnesses they should call. According to Mr Khwatenge, he filled both as a victim and witness and is waiting for a call from the commission to testify.

TJRC’s communication director Kathleen Openda said they have yet to call Mr Khwatenge or any of those who have expressed their intentions to testify because the process of statement taking is still ongoing.

“We shall only call people after investigations and verification by the commission of the statements we have received. Right now, everything we have are claims and allegations that have to be investigated and verified before acting on them,” said Ms Openda.

Statement taking and verification is a five-month process that will then form the content for hearings set to begin in January 2011.

The commission has said that at the end of September they expect to have received 6,000 statements.

KENYA, NETHERLANDS, & USA: MYSTERIOUS DEATH SHOCK KENYAN FAMILY.

BY Dickens Wasonga.

A Kenyan family want the government to help it probe under what circumstances their son who was residing in the US died in Amsterdam, Netherlands.

Speaking to journalists in Kisumu , the father of the 29 year old man said they were getting unclear information on how and what might have led to the death of their late son-Franklin Otieno Othieno.

According Mr.Lucas Othieno, a resident of Kisumu’s Nyalenda estate , his late son had been a student at the Houston College in the United States of America from the year 2002 having gone there to study pharmacy.

Accompanied by his wife during the press interview, Othieno said his family learned of the death through a telephone call they received from his girl friend, a Kenyan who lives in the USA.

According the information relayed to them by the woman, Otieno died while in the custody of immigration police in Netherlands although his family had not been notified by the authorities that he was being held or was under investigations for whatever reason.

The grief stricken father told reporters that sometime in June this year he talked with this son who was upbeat about coming back home after clearing his study period.

”It came as a big shock when on Monday this week I received a call from his girl friend informing us that he had died .It was even more shocking that he died while in the custody of the police in Netherlands.’ ‘he said.

He said the family was very worried because the information they were receiving was so scanty and left several questions answered.

”His girl friend has offered very little information about how my son died. She also claims to have been informed of the death by the immigration police in Netherlands who had called her that same Sunday.” He said.

The father disclosed to the media that he tried to obtain information from the Royal Embassy of Netherlands in Nairobi but what he has so far received would not shed more light under what circumstances the man died.

Othieno claimed that while officials at the host department in Amsterdam maintained in earlier communication with them that his son had died of aneurysm, those at the Nairobi Embassy asserted he died due to cardiac arrest.

He went on to add that his son was not sick and was in constant communication with his girlfriend in the US.

”The very Sunday which they said my son died at 3.30 pm, the Netherland’s time ,was the day he had a telephone conversation with his girlfriend and according to her, he did not complain of anything.” he said.

According Mr. Othieno, the Netherlands authorities are planning to fly the body into the country early next week, a move he has objected to arguing that it smirks of suspicion.

He demanded that a postmortem be done a fresh on the body of his son and witnessed by representatives from the family and the government to ascertain what led to the death of his first born son.

Othieno also want the Netherlands authorities to deliver the body to his Siaya Alego rural home and not dump it in Nairobi. He said he was not able to raise money to bring the body to his home village for burial even if the authorities flew it to the country’s capital city.

ENDS.