Category Archives: Activism

Why was there no ‘African Spring’? by Dr Hamisi Kigwangalla

From: Juma Mzuri

The self-immolation of Mohamed Bouazizi, a Tunisian street vendor in December 2010 triggered a wave of protests across Tunisia that brought down President Zine El Abidine Ben Ali and spread across North Africa and the Middle East. What western media dubbed the “Arab Spring”, toppled dictatorial regimes in Egypt, Libya and Yemen and sparked conflict in Syria and Bahrain. The aftershock was felt as far as Morocco, Mauritania, Saudi Arabia and Oman.

Although reasons for the mass uprisings differ from one country to another, the Arab Spring occurred mostly because of rampant corruption in governments, rising unemployment and the many challenges of everyday survival: putting bread on the table, being able to afford fuel, clothing and even shelter. Politically, decades-long one-man rule had become unbearable and the prospect of familial succession provoked increasing public anger.

Many people had hoped that sub-Saharan Africa would follow suit, and that there would be an “African Spring”. To the surprise of many, there has been no revolution of any sort so far, or even a protest wave close to what we saw in Northern Africa.

Although we have similar circumstances – corruption, embezzlement of public property, unemployment, worsening economic hardship among citizens, and in some countries, overstayed regimes – why have we not had our “spring” as of yet?

Elections, succession and conflict resolution

The most important reason why there was no African spring is that Africa south of the Sahara has experienced a fast-moving series of democratic transitions in the 1990s which saw the advent of multi-party democracy in some previously single-party regime countries such as the Ivory Coast, Mali, Tanzania, Kenya, Zambia, Mozambique, Angola etc. In South Africa, apartheid had just ended.

This toned down the fervour of African revolutionaries in academia, politics and civil society. It provided hope that revolutionary transformation can happen through peaceful democratic processes which will guarantee the change and succession of governments. This eased revolutionary pressure and the need to remove regimes through protests and force.

Now, in many African countries south of the Sahara there is a clear system and schedule of democratic elections and more open and inclusive parliamentary democracies where people have a chance to air their views compared to the regimes in Egypt, Tunisia and Libya, for example.

Furthermore, a number of African countries have successfully conducted internal conflict resolution through negotiations, which has set a precedent and a trend. Two opposing sides would sit on a round-table and adopt some power-sharing mechanisms which would provide opportunities for peaceful reconciliation with a commitment to establishing a lasting democratic process.

We saw the signing of a deal between Mwai Kibaki and Raila Odinga in Kenya, or what was termed a “power accord”, which ended post-election violence in Kenya after the December 2007 elections and created a coalition government. In Zimbabwe after the 2009 election, a government of national unity was also negotiated with the opposition. This style of negotiations and agreements between those in power and those in opposition has become the order of democracies in sub-Saharan Africa and is yet to be adopted by countries in North Africa.

Issues of mobilisation

Another major reason for an African spring not happening is the absence of some factors for mass mobilisation. First, many countries in sub-Sahara Africa have a much smaller urban middle class than most of the countries in the Arab world where the Arab Spring was experienced.

As the middle class expands, its political and socio-economic ambitions grow as well. That is why the core of anti-regime protests is often the dissatisfaction of a middle class unable to realise its desires for upward mobility or expansion. Young men and women of middle class backgrounds tend to be more easily drawn into political activism and are more effective at it, given the material resources available to them.

One of the key mobilisation tools of the middle class – technology – is also not so readily available in sub-Saharan Africa. The limited access to technology in most countries on the continent has made it difficult for modern communication channels like email, Listservs, Facebook, YouTube, Instagram, Twitter and WhatsApp to be used to share information and mobilise people for mass protests.

A major player in a number of the Arab revolutions was the army. In most countries in Africa south of the Sahara, the military and security establishments are loyal to the central government, which means that they are unlikely to back anti-government protests. Although the 1960s and 1970s saw many military coups and army officers taking over political power, in the past two decades, the military forces in sub-Saharan Africa have been, for the most part, depoliticised.

Another factor to consider is the rather weak civil society and fragmented political scene which has precluded the formation of a wide, united front against a ruling government in sub-Saharan Africa. In North Africa, civil society and opposition forces had been mobilising themselves well before the regimes were prepared to face mass protests; there were sporadic protests across Arab Spring countries well before 2011.

By contrast, most African countries have not seen organised protests with such frequency in the past decade. What is more, when Arab revolutions erupted, this immediately rang alarm bells across sub-Saharan Africa, where governments had the time to learn from Arab leaders’ mistakes and take measures to prepare for such an event.

Although looking back, no one predicted the Arab Spring, many scholars of the African political landscape find it inevitable. We did not witness an African Spring, but that does not mean we are safe.

We have our own generation of corrupt and autocratic leaders and bureaucrats, or what George Ayittey named the “Hippo Generation”. There are growing inequities, rising rates of unemployment, and an unbearable cost of living. We also have an active youth that constitutes a huge chunk of our population, as well as a rapidly expanding literate and urbanised middle class.

So will we have an African Spring in the very near future? Let us keep our fingers crossed that it never happens, and if it does, let us pray that it will take a peaceful course, lest we repeat the dark history of endless African wars.

Hamisi Kigwangalla is a Member of Parliament in the Parliament of Tanzania representing Nzega Constituency and he chairs the Parliamentary Standing Committee on Regional Administration and Local Government. He is currently writing his dissertation towards a PhD in Public Health at the University of Cape Town. He holds a Doctor of Medicine (University of Dar es Salaam), a Master of Public Health (Karolinska Institutet) and a Master of Business Administration (Blekinge Institute of Technology).

Follow him on Twitter: @hkigwangalla

The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial policy.

http://www.aljazeera.com/indepth/opinion/2014/07/why-was-there-no-african-sprin-2014724133730619939.html?fb_action_ids=10152780906758243&fb_action_types=og.likes&fb_ref=s%3DshowShareBarUI%3Ap%3Dfacebook-like

KENYA; CONTROVERSY OVER UHURU’S CBA AND SAFARICOM

From: joachim omolo ouko
News Dispatch with Father Omolo Beste
THURSDAY, JULY 24, 2014

Bernard from Nairobi writes: “Fr Beste I read your article on Safaricom tender recently online and it has prompted me to raise several concerns. The security CCTV tender was not passed in Parliament as required. This very Safaricom has a connection with Uhuru Kenyatta’s family Commercial Bank. During Mwai Kibaki’s regime this very Safaricom became controversial when Amos Kimunya was Finance Minister.

Please Father, can you give little bit of the historical background of Safaricom in Kenya. And now that Uhuru is the president if we are not very careful don’t you think Kenyans are going to be taken for a ride?”

Thank you for this concern Bernard. Yes, Uhuru Kenyatta’s assumption of the presidency has injected fresh energy into his family’s businesses, and with his power as president he can over rule the parliament.

Before I give historical background of Safaricom, I want to make it very clear that Commercial Bank of Africa is privately owned by twenty-six investors including the family of the Uhuru Kenyatta, Kenya’s fourth president.

Originally the bank was founded in 1962 in Dar es Salaam, Tanzania before branches were opened in Nairobi, Mombasa and in Kampala, Uganda. When Tanzania nationalised private banks in 1967, the bank moved its headquarters to Nairobi. Following political changes in Uganda in 1971, the bank sold its assets in that country.

In 1980, Bank of America acquired 84 percent shareholding, effectively buying out all the other SFOM partners. 16 percent shareholding in Commercial Bank of Africa (CBA) remained in the hands of Kenyan investors. During the 1980s Bank of America divested from the bank, putting 100 percent shareholding in CBA in the hands of Kenyan nationals.

As of December 2010, the bank was one of the largest commercial banks in Kenya with assets of approximately US$913 million (KES:75.5 billion), with shareholders’ equity of approximately US$100 million (KES:8.3 billion).

The bank is not only the largest privately owned commercial bank in Kenya, according to its website, it also focuses on serving the banking needs of large corporations, diplomatic missions, NGO’S and high networth private clients including Safaricom.

Safaricom Ltd was formed in 1997 as a fully owned subsidiary of Telkom Kenya. Michael Joseph became the CEO in July 2000 when the company was re-launched as a joint-venture with Telkom Kenya but controlled still is by Vodafone, a giant British group that is one of the world’s largest mobile operators.

Mr Joseph arrived in Kenya in 2000 having spent a freezing winter in Hungary, where he had set up that country’s third mobile-phone network. He quickly decided to go after “pay as you go” customers, who pay for mobile airtime in advance.

But his most enduring achievement is likely to be M-PESA, a pioneering service that enables Safaricom’s customers to send money to each other by text message. Cheaper and faster than ordinary money transfers, it now moves $1.5m a day across Kenya, in mostly tiny transactions, and is being rolled out in India, Tanzania, Afghanistan and elsewhere.

President Uhuru Kenyatta appointed him to head Maseno University. Joseph’s appointment started January 6 and is contained in a gazette notice No.399 dated January 2. He replaces Prof Florida Amakobe Karani, who has served for six year since her appointment in 2008.

As of May 27, 2013, Robert Collymore is the Safaricom CEO; succeeding Michael Joseph on November 1, 2010, after Joseph’s ten years as Safaricom CEO. Robert Collymore has spent most of his career in the telecommunications industry starting with British Telecommunications where he held a number of marketing, purchasing and commercial roles over a 15-year period.

It is widely believed that the former regime of Kibaki arm twisted Vodafone to shed off the 5 percent as a kickback to high-ranking officials in the regime. A WikiLeaks report stated that it was once owned by Nicholas Biwott, Charles Fidel Marshall, Gideon Moi and The Post Office. Safaricom’s initial public offering of stock, on the National Stock Exchange, closed in mid April 2008.

Mysteries persisted in November 2012 when Safaricom announced it would be offering a new mobile phone banking product in conjunction with the Commercial Bank of Africa, tapping into an underdeveloped financial services market. In 2014 Safaricom partnered with Britam and Changamka Micro Health to provide insurance to Kenyans with low income. It is known as Linda Jamii.

Since then the bank has grown to become the second largest in the retail market with its new mobile-banking product M-Shwari brand – developed jointly with Safaricom – and which has helped raise the number of the bank’s deposit accounts to more than five million from 34,884 in 2011.

Apart from CBA deal, in recent months, the Kenyattas have also awakened their hospitality giant Heritage Hotels East Africa with the appointment of seasoned hotelier Mohammed Hersi as chief executive and the announcement of an expansion plan that aims at giving it a presence in the Kenyan capital Nairobi for the first time.

Heritage Hotels owns the Voyager Resort in Mombasa and Tsavo, Interpids camps in Samburu and Maasai Mara as well as the Great Rift Valley Lodge in Naivasha. Mara Explorer Camp and the Kipungani Explorer in Lamu Island are also part of the establishment.

With this background Bernard, you can see the connection of Safaricom from Mwai Kibaki to Uhuru Kenyatta. What was started as a department of the former state-owned telecommunications, Kenya Post and Telecommunication Corporation is now raising lots of quarries, which is why CCTV tender and Kenyatta’s family bank among other interests.

Safaricom has also plans to provide WiFi internet connection in large malls, SMEs and government agencies in Kenya. It was the first company in East Africa to possess 3G Internet technology with recent success of 4G connectivity though they lacked the proper broadcast spectrum for the service.

Kenyatta family has also made significant investments in its media company, which is fighting to gain market share from established rivals. It has invested millions of shillings in the technology upgrade and in top talent to staff K24 TV, Kameme FM and The People Daily.

The family is also said to be establishing a strong presence in the mining sector where billions of shillings are expected to be made in the next decade following recent discoveries of valuable deposits such as oil, niobium, coal, gold and titanium. This can explain why people fight to be the president of this country called Kenya.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail obolobeste@gmail.com

Omolo_ouko@outlook.com
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Africa: Husbands & Wives

WOMAN AS MOTHER AND WIFE IN AFRICA
from: joachim omolo ouko
News Dispatch with Father Omolo Beste
TUESDAY, JULY 8, 2014

Woman as Mother and Wife in the African Context of the Family in the Light of John Paul II’s Anthropological and Theological Foundation: The Case reflected within the Bantu and Nilotic Tribes of Kenya is a book written by Rev Fr Joseph Okech Adhunga, a member of the Apostles of Jesus Missionaries.

This study examines the theological and anthropological foundations of the understanding of the dignity and vocation of woman as a mother and wife, gifts given by God that expresses the riches of the African concept of family.

There are two approaches to inculturation theology in Africa, namely, that which attempts to construct African theology by starting from the biblical ecclesial teachings and find from them what features of African culture are relevant to the Christian theological and anthropological values, and the other one which takes the African cultural background as the point of departure.

The first section examines the cultural concept of woman as a mother and wife in the African context of the family, focusing mainly on the Bantu and Nilotic tribes of Kenya. This presentation examines African creation myths, oral stories, some key concepts, namely life, family, clan and community, the views of African theologians and bishops, focusing mainly on the “the Church as Family.”

The second section examines the theological anthropology of John Paul II focusing mainly on his Theology of the Body and Mulieris Dignitatem. The third section presents the theology of inculturation, examines the African theological anthropological values and compares the Pope’s teachings in understanding the woman as mother and wife within the African family and draws a conclusion and a synthesis.

According to John Paul II, the dignity and vocation of woman is “something more universal, based on the very fact of her being a woman within all the interpersonal relationships, which, in the most varied ways, shape society and structure the interaction between all persons,” (Mulieris Dignitatem no. 29).

This “concerns each and every woman, independent of the cultural context in which she lives and independently of her spiritual, psychological and physical characteristics, as for example, age, education, health, work, and whether she is married or single,” (Mulieris Dignitatem, no. 29).

The theology of inculturation as presented in this dissertation opens the way for the integration of the theological anthropological teachings of John Paul II in understanding African woman as mother and wife.

The book can be bought online at $51.80

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EQUAL DIGNITY OF WIVES AND HUSBANDS IN AFRICA
From: joachim omolo ouko
News Dispatch with Father Omolo Beste
TUESDAY, JULY 8, 2014

Clare from Nairobi writes: “Fr Beste it looks this book by Fr Joseph Okech Adhunga is a nice piece to read. Is there anyway it will reach bookshops in Kenya very soon because many of us in the villages do not understand buying a book online.

Secondly, can you compare this book with the new document signed November 19, 2011 by Pope Benedict XVI during a visit to Benin on the equal dignity of women with men? I also read the piece written by Dr Margaret Ogolla and found it nice too.”

Thank you for the question Clare. I am not sure whether Fr Okech’s book will reach Kenya bookshops any soon. Here is his email you can write to him directly to answer the question- joseph_okech@yahoo.com I have also not read the book other than abstract so I can’t say whether it captures Pope Benedict’s document.

Pope Benedict’s equal dignity of women with men new document was signed November 19, 2011 during his visit to West African nation of Benin and I managed to run the story on my news blog shortly he signed it.

The Pope emphasized the fact that recognition of the God-given dignity of both women and men in Africa ought to influence the lives of married couples and their families in important ways, urging husbands in today’s Africa to express love and respect for their wives.

The Pope wants men to realize that their witness to the “dignity of every human person will serve as an effective antidote to traditional practices that are contrary to the Gospel and oppressive to women in particular.”

Husbands he says in the document should not be afraid “to demonstrate tangibly that there is no greater love than to lay down one’s life for those one loves, that is to say, first and foremost, for one’s wife and children.

The new document acknowledges the progress made in some African nations “toward the advancement of women and their education.” But “it remains the case,” Pope Benedict writes, “that overall, women’s dignity and rights, as well as their essential contribution to the family and to society, have not been fully acknowledged or appreciated.”

This papal document, known as an apostolic exhortation, is titled “The Commitment of Africa.” It presents the pope’s reflections on the recommendations made to him by the Second Special Assembly for Africa of the Synod of Bishops held in Rome during October 2009.

Due to the wide range of concerns addressed in the synod recommendations, the apostolic exhortation’s scope is necessarily broad. It devotes attention to matters as diverse as governmental neglect and violence, education, poverty and social justice, the necessity of interreligious dialogue, the plight of migrants, abuses of the environment and the church’s sacramental life.

The 2009 synod condemned “all acts of violence against women,” such as “the battering of wives, the disinheritance of daughters, the oppression of widows in the name of tradition, forced marriages, female genital mutilation, trafficking in women” and “other abuses such as sex slavery and sex tourism.”

Women’s contributions, “not only in the home as wife and mother, but also in the social sphere, should be more generally acknowledged and promoted and also giving women opportunities to make their voice heard and to express their talents through initiatives that reinforce their worth, their self-esteem and their uniqueness would enable them to occupy a place in society equal to that of men — without confusing or conflating the specific character of each — since both men and women are the ‘image’ of the Creator.”

I also managed to read Dr Margaret Ogola’s piece on dignity of the African woman as well. This actually is not a book but her keynote address to women empowerment symposium in Beijing for the Fourth World Women’s Conference.

Her emphasis was based on the fact that the woman is the heart of the family, and the family is the corner stone of society. Conflict between men and women is therefore unnecessary because a woman brings an equal and powerful complementarity to the common human condition.

Equality she said must not be seen to deny anyone of their rightful due. Indeed equality would be self defeating if it were based on injustice. Injustice cannot be corrected by another injustice. This is particularly on widows.

In Africa, parenting challenges are still facing widows. Widows bringing up a baby have to play the role of both mother and father. In such a situation, the personalities of the individuals and also the circumstances in which the child is being brought up affect the upbringing and also the smooth functioning of the house.

Most of the time, a widowed mother not only has to deal with the challenge of raising a child all on her own, but also has to cope with the loss of a spouse. There is always someone to turn to in a two-parent family but for widowed mothers, this option does not exist.

Dealing with the loneliness is one the most challenging problems faced by widowed mothers. There is always the prospect of the mother finding someone new to share her life with but this happens only rarely. The inheritances are there only to exploit the women, mainly for cheap sex. They don’t even take care of the children they produce with these poor women.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail obolobeste@gmail.com

Omolo_ouko@outlook.com
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KENYANS ENJOY CLEAN WATER COURTESY OF USA ORGANIZATION “JUST ONE AFRICA”.

By Agwanda Saye.

Over fifteen thousand people living within the five Counties of Kenya comprising Homa Bay,Kisumu ,Siaya and Narok in five geographical areas are beneficiaries of clean water courtesy of a United States of American non-profit public organization called Just One Africa.

Speaking in Kisumu County, while distributing free water filters and meals to Widowers, widows, schools and Orphans within one of the leading slums in Kenya called Obunga Slums, the President of the Organization Churchill Clay in the company of his wife Amy said that the purpose of the organization is to make difference in the lives of orphaned children and women in need.

“Through the disbursement of financial resources, intended to fulfill the basic needs of food, water, shelter, education and hope. It is the belief that as the basic needs are met individuals can grow to meet their full potential and Just One was established to be an advocate for this process” he added

Clay further added they see their role as being a provider of both financial support and education to help enrich the lives those whom we have the privilege of serving.

The organization is currently involved with two institutions; Lenkai School which is in Southern Kenya close to Amboseli and Mt. Kilimanjaro and Salem Orphanage Ministries which is located in Western Kenya on the shores of Lake Victoria.

“We have so far been able to distribute over seven hundred filters to Mbita,Amboseli,Homa Bay,Bondo and Kisuu geographical areas which makes the three Counties water filters to these locations providing 120 million gallons of clean water for over fifteen thousand people for life’ he added

He lamented that communities from these areas have struggled not only with access to water but with access to clean water but lauded his organization for being the first organization to bring in the Sawyer water filter to these areas and make clean water accessible to schools, villages, and even hospitals making Typhoid and other water borne diseases be a thing of the past as they begin to thrive.

So far Just One Africa has given out ninety thousand meals courtesy of the very generous SERVE International and we were able to distribute them to widows, in slums areas, and to those with HIV/AIDS who needed good nutritious food to take their medication with.

“In our current tour we will also conduct a free medical camp as well and we have brought school supplies and books for the children to use for their studies ensuring that their education will be higher quality and we have also brought countless other donations with us that abundantly blessed these communities and will leave a lasting impact on them for generations to come” he added

The organization together with youths from East Gate Church based in Atlanta Georgia led by their Pastor Geanne Wilde through Salem Orphanage Ministries had helped in the construction of a house at their own expenses for a widow within the county of Siaya and even bought two cows for rearing purposely for milk supply.

According to Bishop Pheobe Onyango the head of Salem Orphanage Ministries, their action was touched by the pathetic condition the old widow lived in and they volunteered to construct for her a house.

“I thank God for seeing me in old age, I now have a roof over my head which I never had “the widow said in joy.

IF JOHN THE BAPTIST LIVED IN KENYA TODAY

From: joachim omolo ouko
News Dispatch with Father Omolo Beste
TUESDAY, 24, 2014

Yuvinalis from Kisii writes: “Hallo Fr. Beste, if John came to Kenya today, what would he tell the government on corruption?” Thank you for this good question Yuvinalis. First he would tell them not to use their authority to exploit and oppress citizens. Instead he would advise them to use their power faithfully to the service of the people.

He would sternly warn them on their inability of a public institution to manage public affairs and public resources; their failure to meet the needs of society while making the best use of all resources at their disposal.

He would check them on accountability – measures various aspects of political processes, civil liberties, and political rights and the extent to which citizens are able to participate in selection of governments and monitoring of authority.

A government where there is political stability and lack of violence. The capacity of the government to effectively formulate and implement sound policies, quality of public service provision, quality of bureaucracy, competence and depoliticization of civil service, credibility of the government commitment to policies and rules of laws.

John would also tell them to form regulatory framework where incidence of market is friendly. The respect of citizens and the state for the institutions that govern economic and social interactions among them.

The extent to which the agents abide by and have confidence in the rules of society – efficiency and predictability of judiciary, enforceability of the contracts, perceptions of the incidence of crime and measures level of corruption and related institutional distortions.

John would also tell them that they should not pretend that they are religious and yet do not keep a tight rein on their tongues deceive themselves, and their religion is worthless. Instead he would tell them that religion that God our Father accepts as pure and faultless is this: to look after orphans and widows in their distress and to keep oneself from being polluted by the world.

He would call them hypocrites for claiming to believe something but acting in a different manner. The Bible calls hypocrisy a sin. John the Baptist refused to give hypocrites a pass, telling them to produce “fruits worthy of repentance”.

A hypocrite may look righteous on the outside, but it is a façade. True righteousness comes from the inner transformation of the Holy Spirit not an external conformity to a set of rules. If they didn’t repent, they will perish in hell.

Leaders who didn’t change will not be saved from their sins. This is because people who keep on sinning just as they did before their so-called conversion won’t get into heaven. He told people specifically what they should do. If they were sincere about repenting, they would quit acting selfishly and start considering others, treating them just like they wanted to be treated.

John would urge them to share their belongings and food with the poor, to do their work honestly and to be content with their wages. If only every evangelist today was like John!

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail obolobeste@gmail.com
Omolo_ouko@outlook.com
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Twitter-@8000accomole

QUESTS ON LAND DISPUTES IN KENYA PERSIST

From: joachim omolo ouko
News Dispatch with Father Omolo Beste
MONDAY, JUNE 23, 2040

Amos from Westlands, Nairobi writes: “Dear Fr. Joachim, tension is building around the country. Our leaders are not doing us justice. I would urge the President to take leadership to a new level and avoid statements like the ones he gave after the attack in Mpeketoni. In some parts of Kiambu, Naivasha, Molo, Nakuru a certain community was being told to vacate.

Now that Alshabab has continued to claim responsibility in the attack and have said they are posting a video of the attack, will our leaders rescind their negative ethnic statements and unite the country? This country will burn if we are not careful and badly. Let us spread message of unity and peace. Our Media is also very reckless showing raw materials and ethnic incitements. Poor Us!!!!!!!

Standard- http://www.standardmedia.co.ke/article/2000125572/mpeketoni-was-a-terror-attack-insist-uk-and-us has reported that the US and the UK insist the recent killings in Mpeketoni were a terror attack and not politically instigated, contradicting President Uhuru Kenyatta’s earlier statement. At the same time, the US announced it is relocating some of its staff in Nairobi to other countries following perpetual security threats. What is your take?’

Thank you Amos. I think the report by the US and UK is the correct one because even Al-Shabab has said it carried out the attack in order to take revenge on Kenya for the presence of its troops in Somalia, where they are battling the militants, as well as for the killing of radical clerics linked to al-Shabab in the port city of Mombasa.

It could also be that local Somalis and Oromos who claim the area as their ancestral home are trying to drive out Kikuyus, who they see as interlopers in Mpketoni. Reacting to the president Uhuru’s father for having illegally giving the area to his ethnic Kikuyus in the 1960s.

It is not only US and UK, even the opposition politicians have dismissed the president’s statement as a “joke”. President Kenyatta up to now has not named the local political group he was accusing.

This brings us to speculations that President Kenyatta would want to downplay the al-Shabab angle in order to try and protect Kenya’s embattled tourist industry and also to enable him to send security services of his choice in Lamu County.

Robert writes via iPad: “Fr Beste I read your article why President Uhuru will not implement Truth Justice and Reconciliation recommendations. Is it one of the reasons why he is not willing to have national dialogue?”

Robert, yes you are also right. Truth Justice and Reconciliation and National Dialogue demanded by CORD are similar. In 2008 I managed to capture what IDPs themselves demanded from President Mwai Kibaki concerning the need for dialogue, reconciliation and healing in Kenya-click here to read the article- Government undersiege as they forcefully resettle IDPs.
http://www.pambazuka.org/en/category/comment/48137

When the Government of Kenya began resettling more than 10,000 Internally Displaced Persons (IDPs) in 2008, thousands of them who had been camping at the Nakuru Agricultural Society of Kenya (ASK) show ground, pleaded with Kibaki that his Government should have reconciled them with the neighbouring communities first instead of rushing to resettle them.

They said it was necessary for dialogue, reconciliation which would open the way for healing. Mzee Ibrahim Githatwa, 76, was among the IDPs who vowed never to go back to Keringet in Kuresoi where he had lived since the 1942 but was forcefully told to leave the premises.

Mzee Githatwa and a father of 13 children had also suffered a great deal under President Moi’s regime. During Moi he lost seven houses in the 1992 ethnic violence. Even after he could manage, together with some of his children to build five houses, they again got burnt down his house during the post-election violence.

The 13 farms where some IDPs were told to reallocate, including Sirikwa, Kiambogo, Githirika, Muthenji, Nyota, Kangawa and Lagwenda, Sasumua, Willa, Muchorwe, Karirikania, Kadonye and Nyaruai have history of violence every five years when they have general elections.

These are some of the areas that have been the scene of periodic violence since 1992. The land dispute around these areas, especially in Molo and Kuresoi is between the Kalenjin, Kikuyu and Kisii.

According to the annexes to the Ndung’u land dispute report released in 2004 the families of former presidents Jomo Kenyatta and Daniel arap Moi feature prominently in the list of prominent high ranking politicians and people who matter in Kenya government as those who have grabbed public land that was recommended for repossession.

If the government were to take action it would mean that names of all those who have been irregularly allocated public land in urban areas, settlement schemes, forests and reserves, with Moi alone owning 937 hectare farm in Narok hived off Trans Mara Forest be repossessed, then this would at least solve some of the land problems in the country.

The problem would even be more resolved if the government were to go by the Ndungu recommendation that allocation of various parcels to Mama Ngina Kenyatta be revoked. It includes 38 hectares hived off the Kikuyu Escarpment Forest in Kiambu District in 1965, including another 36 hectares in Thika District from the same Kikuyu Escarpment forest allocated to her in 1980 for farming, which Ndungu also recommended to be reclaimed, as well as another 24 hectare parcel allocated in 1993.

Among the cabinet ministers, judges and top soldiers listed to be among beneficiaries of settlement schemes carved out of Agricultural Development Corporation farms include then minister of State William ole Ntimama, assistant minister Kipkalya Kones, Court of Appeal Judge Emmanuel O’Kubasu and deputy chief of general staff, Lt Gen Nick Leshan.

Mr Ntimama was allocated 34 acres of Moi Ndabi Farm where Mr Leshan got 233 acres. Mr Kones got 145 acres in the Agricultural Development Corporation Sirikwa scheme where the average allocations were five acres, according to the report. Mr Justice O’Kubasu got 40 acres. Other according to the report include retired Judge Mbito who was allocated 50 acres.

The report recommended that former Lands and Settlement minister Jackson Angaine’s 900 hectares of land hived off from Mount Kenya forest in 1975 and 1977. If taken seriously, Ndung’u report would mean that many individual Kenyans who illegally acquired land would lose them.

Against background that constitutional review to address fundamental issues of land tenure and land use. The development and implementation of land policies, national land use policy and enactment of attendant legislations.

Land laws was to be harmonised into one statute to reduce multiple allocations of title deeds. Land ownership document replacement for owners affected by post-election violence, development of a national land use master plan, taking into account environmental considerations.

Land reform transformation unit in the ministry of lands to facilitate the implementation of the land reform programme as outlined in the national land use policy. Strengthen local-level mechanisms for sustainable land rights administration and management.

Finalise the land dispute tribunal act. Land reform process was to be factored in the constitutional review process within 12 months.

On Truth Justice and Reconciliation, the Commission recommended that between 1963 and 1978 when President Jomo Kenyatta presided over a government that was responsible for numerous gross violations of human rights, justice and reconciliation would focus on Shifta War, killings, torture, collective punishment and denial of basic needs (food, water and health care).

Political assassinations of Pio Gama Pinto, Tom Mboya and J.M. Kariuki; arbitrary detention of political opponents and activists; and illegal and irregular acquisition of land by the highest government officials and their political allies.

Under Moi it would involve massacres; unlawful detentions, and systematic and widespread torture and ill-treatment of political and human rights activists. Assassinations, including of Dr. Robert Ouko; Illegal and irregular allocations of land; and economic crimes and grand corruption.

Under Kibaki the report recommended that it would focus on unlawful detentions, torture and ill-treatment; assassinations and extra judicial killings; and economic crimes and grand corruption, including Anglo Leasing scandals.

The Commission found that historical grievances over land constitute the single most important driver of conflicts and ethnic tension in Kenya. Close to 50 percent of statements and memorandum received by the Commission related to or touched on claims over land.

The Commission also found that minority groups and indigenous people suffered state sanctioned systematic discrimination during the mandate period (1963- 2008). In particular, minority groups have suffered discrimination in relation to political participation and access to national identity cards. Other violations that minority groups and indigenous people have suffered include: collective punishment; and violation of land rights and the right to development.

Fr Joachim Omolo Ouko, AJ
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KENYA: CHILDREN TO BE GIVEN CONDOMS IN KENYA

From: joachim omolo ouko
News Dispatch with Father Omolo Beste
SATURDAY, JUNE 21, 2014

Claris from Naivasha writes: “Fr Omolo Beste I read your article (attached here) on BISHOP OBALLA’S MESSAGE TO THE YOUTH ON MORAL and found it enriching. I agree with the bishop that youth should keep to moral values and self-discipline as the only way to keep off from sexual immorality.
http://blog.jaluo.com/?p=35432

I have brought this argument Fr Omolo because of the Reproductive Health Care Bill sponsored by nominated Senator Judith Sijeny, of which if passed it be possible for school children as young as 10 years old to have access to contraceptives, including condoms.

As a parent I am so upset. Can you imagine Father that parental consent is not mandatory for the children to access the contraceptives if the bill which is before the Senate is passed? Could it be that this bill is pushed by PSI? This organization has been spearheading the condoms adverts in Kenya even to children”.

Thank you Claris for this good question. You are not very far from the truth. PSI was registered in Kenya as an international non-governmental organization in 1989. Since then, PSI/Kenya has been implementing social marketing programs to address HIV and Aids, reproductive health, malaria and child health promotion.

Their programme seeks to promote safer sexual behaviour among younger and middle aged individuals through social marketing and behaviour change through increase of and access to availability of condoms.

This is the very organization that led to a public outcry last year with their television advertisement on condom usage even to married couples who cheat on each other. This year they have continued with similar adverts. This time they have included young people in the adverts.

Among people who have opposed the bill include Education Cabinet Secretary Jacob Kaimenyi who said the ministry would not allow “introduction of immorality” to young school children by any institution or law.

Like Bishop John Oballa, Kaimenyi says his ministry has an obligation to educate all children and promote good values and we will not be dragged in attempts to propagate bad teachings in schools.

The Kenya National Parents and Teachers Association (KNPTA) has also opposed to it. The Kenya Primary School Heads Association (Kepsha) also rejected the proposed law arguing children should be kept away from contraceptives.

The Kenya Secondary School Heads Association (Kessha) National Chairman, who is also the Principal of St. Mary’s Yala Secondary School, John Awiti has also rejected it. Awiti who is devout Catholic and my parishioner from St. Mark’s Obambo Catholic Church, Archdiocese of Kisumu, says is a mistake because innocent children will become curious and they will start experimenting and that will compromise their morality.

Awiti argues that all parents, teachers and other persons who play a role in bringing up the children must allow the children to grow naturally through proper guidance if we still intend to have a sane society in future.

“Why do we even allow this to be part of national debate?” Awiti asked, telling MPs to focus on pressing issues. On his part, Kenya Union of Post Primary Education Teachers (Kuppet) National Chairman Omboko Milemba warned the Senate against passing the Bill, arguing it would encourage moral decadence.

According to Senator Sijeny, the Bill is very important because it seeks the development of a system that is aware that many children are exposed to situations that could lead to risky sexual behaviour.

Her argument is that 10 years old girl is already sexually active and it is her right to fulfill her sexual desires through intercourse just like other sexually active adults. Although it sounds as if foreign NGO’s, including PSI are behind the bill, the Senator said the Bill was her own creation and not sponsored or pushed by any third party.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail obolobeste@gmail.com

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KENYA: WHY POLITICIANS WON’T STOP HATE SPEECH

From: joachim omolo ouko
News Dispatch with Father Omolo Beste
FRIDAY, JUNE 20, 2014

Lorene from Bungoma writes: “Fr Beste what do you say about the order by the Director of Public Prosecutions that Gatundu South parliamentary aspirant Moses Kuria should be prosecuted for hate speech. Do you think this can end hate speech in Kenya?

A statement posted on the DPP’s Twitter account says Kuria will face charges following recommendations by the National Cohesion and Integration Commission. He is accused for having posted inflammatory remarks in a Facebook conversation.

The Law Society of Kenya has also written to Tobiko, seeking to have two Members of Parliament investigated for hate speech, Othaya MP Mary Wambui and her Starehe counterpart Maina Kamanda for remarks they made recently on Cord leader Raila Odinga that he went to America for military training how to remove Uhuru from power, and that he came with grenades to kill particular ethnic communities.

I also saw yesterday on KTN news at 7pm Mohamed Ali showing Aden Duale on the top of his voice openly abusing Raila and Luo people in Parliament, and how Raila is shedding blood of innocent people in order to take power from Uhuru. Millie Odhiambo was annoyed with Duale’s remarks and angrily talked on top of her voice.

Mohamed also showed the clip where Otieno Kajwang was openly abusing Uhuru Kenyatta in public. Surely Father, where is our beloved country Kenya leading us? I am just disgusted and tired of these hate speech from our politicians. They just incite Kenyans along tribal and religious line. This should stop.”

Thank you for this concern Lorene. I was also as disgusted as I watched that clip on KTN, especially when Kamanda said: “I want to tell Raila that all members of the Kikuyu community will protect Uhuru’s Presidency by all means necessary, even if it means shedding blood.

The fact that we are silent does not mean that we don’t know what is happening. I urge you all to be ready to respond when we sound the warning. We must defend the Uhuru Government,” Kamanda was seen saying in public. This is of course the first class hate that we should not allow in Kenya.

Wambui was also seen saying: “You have been sleeping and the time has come for you to wake up. We cannot allow this man to destabilise this country the same way South Sudan is going.” Kamanda was accompanied by MPs Kareke Mbiuki (Maara), Francis Waititu (Juja), Chege Njoroge (Kasarani), Ben Mutura (Makadara), Richard Tongi (Nyaribari Chache), Kimani Inchung’wa (Kikuyu) and George Theuri (Embakasi West).

DDP also ordered Mombasa the arrest of Women’s Representative, Mishi Juma for hate incitement speech during Madaraka Day celebrations. Last year James Orengo of Siaya, and Otieno Kajwang’ of Homa Bay were also ordered to appear in court for hate speech.

The two ODM Senators were alleged to have incited former Prime Minister, Raila Odinga, to overthrow the Government of President Uhuru Kenyatta and his Deputy, William Ruto, when the two would both be at The Hague attending their trials at the International Criminal Court (ICC) at the same time. They urged Raila to prepare to take over power once the two jailbirds would be away in The Hague.

The reason why such hate speeches cannot end in Kenya Lorene, is because nothing is done to them whenever such prosecutions are made. Former Assistant Roads Minister Wilfred Machage (now Migori Senator) was charged with inciting hatred but could not be jailed even after Mwai Kibaki suspending him from his ministry.

Along with two other MPs, he was charged with hate speech during the campaign for a new constitution. They allegedly said some ethnic groups would have to leave their land if the constitution was approved.

By then Higher Education Minister William Ruto (now deputy president) was among three MPs accused of hate speech but not charged. Mr Ruto was alleged to have asked Muslims to reject the proposed constitution if they do not want a war with Christians.

NCIC chairman Mzalendo Kibunjia wanted the politicians to be prosecuted quickly after the experience of 2008 but this has never been successful, thus frustrating the office of the NCIC. This is the same with former Environment Minister Chirau Mwakwere who was accused of hate speech but late cleared of the charges.

In the case, Mwakwere was alleged to have made a speech, during a by-election campaign in his constituency in July 2010, to the effect that indigenous coastal people have been oppressed by Arabs.

Be assured Lorene, that when it comes to social media hate speech cannot be controlled. This is because internet users, especially young people in particular, have found social media, particularly Facebook as their right to perceive their online interactions as benefitting from the freedoms of expression and information.

Another reason why you cannot control hate speech on social media in Kenya is because of accumulated anger since 1992 ethnic violence to date. Many Kenyans are so angry to the extent that they do not care whether you charge them or not.

Anger comes about when one feels that his or her basic boundaries are violated. That is why most social media users use it to react to anger through retaliation. People feel angry when they sense that they or someone they care about has been offended.

Fr Joachim Omolo Ouko, AJ
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KENYA: MYSTERY STILL PERSISTS ON MPEKETONI ATTACKS

From: joachim omolo ouko
News Dispatch with Father Omolo Beste
THURSDAY, JUNE 19, 2014

Teddy from Kwale writes: “Fr Beste following what Joni quoted from Standard digital that Jomo Kenyatta took Kikuyus from Kiambu to illegally allocate them land in Mpeketoni can be concluded that is one of the reasons why Kikuyus were the targets?

Secondly, Internal Secretary Joseph ole Lenku announced the interdiction of the Lamu county police commander Leonard Omollo, Mpeketoni sub county commander Ben Maisori and Hindi area divisional officer a Mr Mutua. President Uhuru Kenyatta confirmed the suspension of the officers the following day. Could this explain why Raila is connected to the attacks?

Thirdly, when Bishop Emanuel Barbara of Malindi, who is also apostolic administrator of the Archdiocese of Mombasa, visited Mpeketoni after the attack he concluded that the attack was carried out by Kenyans and some foreigners.

Bishop Barbara told Fides News Agency that from what he saw he could say that there was an Islamic matrix to these assaults, but it also clear that ethic groups were the main targets. This he said because the assailants killed people based on their ethnicity and religion, what lesson could be learnt from this statement? Thank you.”

Thank you Teddy. Your first question whether land grabbing could be one of the reasons why particular ethnic community was the target we can say yes. This is going with what the Truth, Justice and Reconciliation Commission report of last year condemned that the Mpeketoni land settlement scheme of the 1960s was “unprocedural”, “dubious”, “irregular” and the cause of perpetual tensions in the area.

The TJRC report, which was handed over to President Uhuru Kenyatta last year, also analysed conflicts in Lamu in the context of the Shifta (Kenya-Somali) conflict of the 1960s. The commissioners also factored in historically-rooted threats to peace posed by the proposed construction of the new Lamu Port. It said the Jomo Kenyatta presidency (1964-1978) engaged in setting up.

Your second question whether the interdiction of the Lamu county police commander Leonard Omollo, Mpeketoni sub county commander Ben Maisori and Hindi area divisional officer a Mr Mutua can explain why Raila is connected to the attack is not the issue.

The issue is that targeting Kikuyu communities because of land came in the open in 1992 when Youth for Kanu’92 (YK92), a group co-founded by William Ruto to help Moi retain power in 1992. Kikuyus in the Rift Valley were the targets. The idea was to have them out of the province. Those who resisted were slaughtered alive, properties destroyed, leaving many landless and traumatized.

These attacks continued in 1997 with the worse one on the night of 13 January 1998 when some Pokot and Samburu men attacked Kikuyu communities in the Magande, Survey, Motala, Milimani and Mirgwit areas of Ol Moran in Laikipia. Attackers were armed not only with spears, bows and arrows, but also with guns. Some of the attackers were dressed in military-type clothing.

It was estimated that over 50 Kikuyus were killed during these attacks and over 1000 others fled the area and sought refuge at the Roman Catholic Church at Kinamba, from where they were later relocated to temporary shelters at Sipili and Ol Moran.

On 21 January the same year, about 70 unidentified people invaded three farms in Njoro including one belonging to the newly elected DP Member of Parliament for Molo Constituency, Kihika Kimani. Three days later, groups of what local residents described as Kalenjins attacked Kikuyus in parts of Njoro in the same constituency.

There were varying explanations given for these attacks. One version of events blamed them on the refusal of local Kikuyu traders to supply goods and services to Kalenjins in response to the events in Laikipia.

Another suggested that this was simply an unprovoked attack on Kikuyus by local Kalenjin youths. The attack on Kikuyus on 24 January provoked a counter-attack by a group of apparently well organised Kikuyus, who on 25 January attacked Kalenjin residents of Naishi/Lare in Njoro.

According to police reports, 34 Kikuyus and 48 Kalenjins were killed during these initial attacks and over 200 houses were burnt down. Hundreds of people from both communities were displaced by the fighting, and many of them fled to temporary ‘camps’ at Kigonor, Sururu, Larmudiac mission and Mauche.

Your third question on what Bishop Barbara concluded that the attack was carried out by Kenyans and some foreigners has also been witnessed by some journalists on the ground. The BBC’s Anne Soy reported that the gunmen shot dead anyone who was unable to recite verses from the Koran.

According to the report, the attackers were well organised, and as soon as they finished their mission, they disappeared, supporting the theory that they may be locals. There are long-standing political and ethnic divisions in this area for decades now.

Another report said it could be that local Somalis and Oromos who claim the area as their ancestral home are trying to drive out Kikuyus, who they see as interlopers. Such disputes over land ownership were behind much of the ethnic violence which broke out across Kenya after the disputed 2007 elections.

Although Al-Shabab has said it carried out the attack in order to take revenge on Kenya for the presence of its troops in Somalia, where they are battling the militants, as well as for the killing of radical clerics linked to al-Shabab in the port city of Mombasa, a group of Kenyan Somalis or Oromos could easily wave al-Shabab flags and shout slogans such as Allahu Akbar (God is great) in order to divert blame.

It could also be argued that President Kenyatta would want to downplay the al-Shabab angle in order to try and protect Kenya’s embattled tourist industry. This would also enable him to send Kenya’s security services after some of his political enemies.

It is very unfortunate Teddy that ethnic conflict is now threatening the decades of stability that has set Kenya apart from so many of its neighbors, like Congo, Rwanda, Somalia and Sudan. No one knows exactly when this land disputes and grabbing will end in Kenya.

Fr Joachim Omolo Ouko, AJ
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KENYA: IS RAILA TO BLAME FOR MPEKETONI ATTACK?

from: joachim omolo ouko
News Dispatch with Father Omolo Beste
WEDNESDAY, JUNE 18, 2014

Joni from Nairobi writes: “Fr Omolo Beste Jubilee government claims that Mombasa Republican Council (MRC) are responsible for killing people at Mpeketoni, which according to Internal Security Secretary Ole Lenku and President Uhuru Kenyatta was planned and orchestrated by former Prime Minister Raila Odinga.

In 2010 then Lamu West MP Fahim Twaha claimed that a son of President Jomo Kenyatta, Mr Peter Muigai Kenyatta, Mzee Kenyatta’s eldest son was illegally allocated 50,000 acres of prime land at the Mpeketoni scheme in Lamu District. Could this be the reason why Uhuru is trying to bring in MRC and ruling out Al-Shabaab militias?

Mr Twaha told a public rally held at Mkunguni in Lamu town that the land was given to Mr Muigai Kenyatta because of weaknesses in the land processing system. He told a rally attended by then Lands Minister Joseph Nyagah and assistant ministers Zebedeo Opore and Francis Tarar that flaws in the land acquisition process had denied a lot of people their rightful share.

This claim is similar to the story by the Standard digital description how Mpeketoni came to be. It was created as a settlement in the late 1960s and early 1970s by President Jomo Kenyatta to settle landless Kenyans, mainly from Murang’a and other parts of the former Central Kenya, who were expelled from Tanzania after the collapse of first East Africa Community. And that explains why the majority of the occupants of Mpeketoni are Kikuyus.

According to the story, the settlement was centred on a fresh water lake named after the first President of Kenya. The original inhabitants were Bajuni and Watta who were soon outnumbered by the newcomers.

Mpeketoni township, owes its name to an admixture of Kiswahili “Mpe” meaning “give” and carton (English) — “Mpe katoni”. Locals say that as the landless settlers got off the lorries that transported them to the settlement with cartons bearing their essentials, the officer-in-charge barked, “Mpe katoni” (give him/her the carton). “Mpe katoni” later evolved to Mpeketoni, the popular name of the settlement.

By June 1977, the Mpeketoni scheme was fully occupied with 3,480 settlement plots covering an area of 14,224 hectares, with one settler’s allocation averaging 10 acres. Their numbers have grown by leaps and bounds and according to the 2009 census report, the population is nearing 50,000 with the age of the second generation averaging 37 years old.

Another question Father is, how comes that despite what President Uhuru claims that intelligence informed the security about Mpeketoni attack but did not act. Why was there a poor response from both police and the military, eliciting public outrage? How could the killing take 6 good hours without the knowledge of the police and government? This is outrageous.

Recently, it has been in the limelight with indigenous communities complaining that the 2007/8 Internally Displaced Persons were being ferried to the area. Why could the government do this without involving the locals? And why bring only one particular ethnic community?

This is very elaborate analysis Joni. The Standard digital description you have quoted about Mpeketoni to my opinion is why President Uhuru Kenyatta is alleging that Cord leader Raila Odinga used Mombasa Republican Council to fuel ethnic cleansing in Mpeketoni, aiming at Kikuyu community who are practically the occupants of the region.

Remember Joni, Uhuru and his deputy Ruto have cases at The Hague related to ethnic cleansing and to convince the world that Raila is the architect of ethnic violence could probably reduce the ICC case. Recently the ICC Chief Prosecutor added the 1992 classes when Ruto and his team used Kanu for youth 1992 to force Moi’s comeback.

During this periods Kikuyus were the targets in the Rift Valley. Mwai Kibaki’s DP party had become a threat in the province and in order to win they had to be moved out. This resulted to hundreds of deaths, loss of properties, trauma and landlessness.

Again Joni, you remember Ole Lenku saying in public that Raila is to blame for the attack at Mpeketoni because he has history of ethnic violence, referring also to the 2007/2008 post-election violence and the 1982 coup to remove Moi from power.

This according to my opinion is to come in to demonstrate to the world and ICC that Raila is to blame for 2007/2008 post-election violence to ease The Hague case. The idea in short is that all political or any type of violence in Kenya is orchestrated by Raila.

Uhuru and ole Lenku were to bring in the MRC, ruling out Al-Shabaab militias to convince Kenyans and the world that this was Raila’s plan. What is very clear is that Kenyatta family have been accused of grabbing big chunks of land, leaving many Coastal residence landless.
MRC was formed in 1999 was to address perceived political and economic discrimination, and land grabbing. The group traces its secession claims to the 1895 and 1963 agreements transferring the ten-mile strip of land along the coast to the Government of Kenya from Zanzibar.

MRC want this agreement which some critics characterize these as a form of bribery designed to facilitate colonization of the interior revoked. Their efforts to plead with Uhuru government to do so has never been successful.

The group contests these agreements as invalid, because they were enacted without the consent of coastal stakeholders, and says the state of Kenya has failed to honor the provisions designed to protect the coastal population.

The MRC was dormant until 2008, when it first raised claims that Mombasa should secede from Kenya to become an independent state. They argued that secession would liberate the people of the coast province from marginalization by the successive governments in Kenya. It would also enabled them claim back their grabbed land.

Fr Joachim Omolo Ouko, AJ
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KENYA: LET US KEEP OFF POLITICS IN TERRORISM ATTACKS

from: joachim omolo ouko
News Dispatch with Father Omolo Beste
TUESDAY, JUNE 17, 2014

Sura mbili writes via Facebook: “How can 50 armed terrorists on foot, hijack two matatu vehicles and take hostage a busy town centre for more than four hours, leaving about 50 people dead, trailing a huge destruction of property worth billions of shillings without any information being leaked in by our intelligence organs?.

For how long are we going to allow this to happen? I have said in this page that the government must overhaul our intelligence network. The government must start its intelligence from the village level and cut any bureaucracy in between. The president should be able to get all the information on intelligence from the village level through our intelligence network and which is not happening.

The president must have his private intelligence which apart from national intelligence, is trusted with state security intelligence. This organ will be trusted with all other security intelligence for clarity. Currently we are being fed with unconfirmed intelligence information, which sometimes is not reliable.

Let us wake up to reality that terrorism is here with us and find ways of improving our intelligence networks to conform with the current trends of terrorists. Politicians should stop this nonsense of blaming one another”.

Although this is a good advice to President Uhuru Kenyatta and his government Sura mbili, there are numerous reasons why Uhuru will not allow this to happen. One of the reasons is what I answered in September 27, 2013-click here WHY PRESIDENT UHURU WON’T SACK NIS to read more.
http://blog.jaluo.com/?p=36036

This was an response to NARC Kenya chairperson, Martha Karua who had said that it would be impossible for President Uhuru Kenyatta to sack NIS boss Michael Gichangi, not only because he was appointed on basis of tribal, but because Gichangi is his confidante.

Karua sensationally said President Uhuru Kenyatta and National Intelligence Service (NIS) boss, Brigadier Michael Gichangi, are incompetent on how they have handled country’s security matters especially Saturday’s Westgate terror attack.

On her twitter account, Karua put blame on the NIS head over the deteriorating security in the country, saying that if the NIS was active and competent, Westgate’s terrorists attack could have been prevented from happening.

Like Karua, members of the National Assembly had also accused the National Intelligence Service of laxity, saying the agency’s director General Michael Gichangi has failed to lead from the front.

Political analyst, Mutahi Ngunyi looked at it differently. He wanted Kenyatta, not only to fire Gichangi, but also Chief of General Staff, General Julius Karangi and Interior Ministry Cabinet Secretary, Joseph Ole Lenku for their incompetence over Westgate Mall’s terrorist attack.

Sura mbili, it might be easy for Jubilee government to deny, but the fact is and remains that Kenya’s security agencies are covertly politicized and as a result overtly ethnicized. That is why all security agencies do not pass the minimum test of Article 232 of the Constitution on Values and Principles of Public Service.

If you Uhuru was genuinely against terrorism, then he must of essence return the National Police Service (Amendment) Bill, 2014 to the National Assembly for further re-alignment in line with Article 2(1)(3) of the Constitution. That is also why the “Nyumba Kumi” concept is not effective.

It is also why, even though on November 7, 2013 Uhuru told corrupt senior officers in his office to either resign or be sacked, that has not happen because of politics. Uhuru knew and worked with them during his time at the Treasury when he was the minister of Finance.

That is why no senior officer has resigned or been sacked from his office. It is also why he won’t focus onto overall police productivity in terms of crime detection, response and management, despite the fact that there is need for urgent changes to police workforce policies and practices to assist police officers to respond more effectively to the challenges the government faces currently.

If it were not because of politics Uhru would have attained a police service that embraces successful initiatives and addresses gaps in the modernization agenda to be developed. Otherwise he would have spent whatever it takes, hire and fire high level security leaders without favour or fear.

Had it not because of politics, Uhuru would have created a new security agency, whose job would be to patrol and secure the national borders and its officers deployed in counties that are close to borders.

The President would also stick to his promise that he would expand the National Police Service by hiring 15,000 police officers every year over the next five years. These officers would be given modern equipment to combat crime.

It is not enough to allocate sufficient security budgets if this was not accompanied with transparency, eliminate wastage and guarantee quality and value for public funds. If this money is not looted it would create a command that would ensure all security agencies work together and to “establish functional linkages through training and command structure of various disciplines of the armed forces.

Fr Joachim Omolo Ouko, AJ
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USA: On Father’s Day:

From: President Barack Obama
The White House, Washington

Hi, everyone —

Today, I’m thinking about all the dads across the country, spending time with family and loved ones — and especially those fathers serving our country overseas, who can’t be home with their kids today.

But I’m also thinking about all the young people out there who don’t have a dad in their lives at all — or who don’t always enjoy the opportunities and support that come with having strong role models.

It reminds me why we started the “My Brother’s Keeper” initiative in the first place: because we need to do more to help young people go as far as their dreams and hard work will take them, no matter what they look like or where they grow up.

I know I’m only here because people took a chance on me, and believed in me when I didn’t always believe in myself. And I want to give more kids that chance. It’s an all-hands-on-deck effort, from the folks on my staff — to you.

You can invest in our young people, and help them be successful. You can commit to doing it right now.

Make a pledge to mentor a young person in your community here.
http://click.mail.whitehouse.gov/?qs=c16b7812fe9e827311530360390fa7dcdbd94b2154d5b458e64916d277df9562e1bd99a5a5a315c7

For me, this is personal.

And for millions of young Americans around the country, it just might be life-changing.

Thank you — and Happy Father’s Day.

President Barack Obama

This email was sent to octimotor@jaluo.com.
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The White House • 1600 Pennsylvania Ave NW • Washington, DC 20500 • 202-456-1111

ISIS Advance Threatens Iraq’s Civilians

From: Human Rights Watch

“I don’t feel safe at all,” one Mosul resident told Human Rights Watch. “I fear ISIS, they might kill me for any reason: because I worked as a government employee … if they notice that I don’t go to the mosque and pray as they want everyone to, [or] if my beard isn’t long enough.”

The Islamic State of Iraq and the Sham (ISIS) forces have taken over many areas of Iraq, including Mosul. Human Rights Watch has previously documented crimes committed by ISIS in other areas of Iraq and Syria, including car and suicide bomb attacks in civilian areas, summary executions, torture in detention, discrimination against women, and destruction of religious property. We have found that some of these acts may amount to crimes against humanity.

The possibility that ISIS will repeat the atrocities it has committed in other parts of Iraq, and impose the same intolerant and abusive rule as it has in Syria, is deeply troubling.
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Africa Congolese Warlord to Go to Trial

Three pre-trial judges at the International Criminal Court unanimously found substantial grounds to believe that Ntaganda committed war crimes and crimes against humanity including murder and attempted murder, attacks against the civilian population, rape and sexual slavery, pillaging, and persecution in northeastern Congo’s Ituri district in 2002 and 2003.
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ASIA Thailand Should Stop Secret Military Detentions

The Thai junta’s detentions are exacerbated by holding people in secret. Anyone held without being charged with a credible offense should be freed immediately.
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USA

Dispatches: US Finally Addresses Climate Change

By Jane Cohen

It’s easy to get depressed working on the nexus of human rights and the environment, as it always seems like things are getting worse. But after years of foot-dragging on climate change, the US has finally taken a first step to start becoming a leader on addressing the crisis – something it could have done sooner.
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Global Summit Spotlights Rape in War

A London Summit on Ending Sexual Violence in Conflict is currently underway. Governments should use the summit, ending tomorrow, to make strong public commitments to end impunity for sexual violence, assist survivors, and prevent further rapes.
Read more http://www.kintera.org/TR.asp?a=gvJWIbNTJkLVI4M0G&s=brJLI3PFLbLQJ6ODIlF&m=nuK0I7ORIqL4LoI

Africa Congolese Warlord to Go to Trial

Three pre-trial judges at the International Criminal Court unanimously found substantial grounds to believe that Ntaganda committed war crimes and crimes against humanity including murder and attempted murder, attacks against the civilian population, rape and sexual slavery, pillaging, and persecution in northeastern Congo’s Ituri district in 2002 and 2003.

See the Latest News in Africa http://www.kintera.org/TR.asp?a=gvKWKbNTIkIVJ7N3F&s=brJLI3PFLbLQJ6ODIlF&m=nuK0I7ORIqL4LoI

CONFERENCE INVITATION 2014

\From: Linda Waine

Dear Colleagues,

It is a great pleasure to invite you to the International conference on human rights and Elimination of Discrimination in all its Forms which will be held from July 22nd to 1st August 2014 in California United states and Saint-Louis Senegal. This Conference will bring together practitioners, researchers and educators from around the world who are engaged in human rights issues.

Note that all interested delegate that requires entry visa to attend this meeting in the United States abs Senegal will be assisted by the organization, in obtaining visa in their passport. Free air round trip tickets to attend this meeting will be provided to all participants. The conference welcomes paper presentation from any interested participants willing to present papers during the meeting.

For more information, please contact Dr. Julie Dundon via Email: info_conference@qq.com

Please share the information with your colleagues.

Sincerely,

Dr Linda Waine
Member Activities oordinatorr
Email: lindawaine@foxmail.com

Help repair Gaza’s Ark after the sabotage

From: Gaza’s Ark

When our marine engineer first sent us the list of repairs needed for Gaza’s Ark as a result of the sabotage* of April 29, we were shocked at how long it was. The amount of extra work to be done is huge. In addition, the price of materials is now much higher than it was before Egypt closed the border with Gaza and destroyed the tunnels. Fiberglass, for example, is now four times the price.

Not once, however, have we heard the boat builders complain. Palestinians have the most extraordinary ability to endure. Their steadfastness in the face of adversity and their ability to start over every time their homes, their orchards, or their boats are destroyed is amazing.

Repairs start by removing damaged wood

We now need to assist the boat builders to repair the damage so they can carry on from where they were before the sabotage. We are asking you to help us with this. Repairs are estimated at $30,000. If you want to support a specific repair item, here is the list. Or you can donate to the general funds. http://www.gazaark.org/donate/

Estimated costs of repairs:
Clean and cut and remove all damaged parts: $1,200
Add hull ribs, transverses and longitudinals: $4,500
Replace two damaged bulkheads: $3,600
Repair damage to the main cabin: $800
Grind and remove part of fiberglass and anti-fouling from hull: $350
Apply fiberglass and paint: $8,800
Replace cable conduits and fix new ones, including replacing some cables: $2,400
Remove and replace plumbing parts as well as some valves, pipes, outlets and intakes: $2,800
Take out fuel, fresh water & sewage tanks for cleaning, change gaskets where needed: $1,100
Take main engine to workshop to clean, change filters and gaskets: $1,200
Replace engine base and fix back in place: $250
Fix new exhaust pipe at the engine part: $280
Remove the clutch, clean, replace flange and fix back in place: $400
Add steel reinforcements inside the hull: $2,200
Check shaft, replace if damaged: TBD

Total: $29,880 http://www.gazaark.org/donate/

Thank you for your continuing support
Gaza’s Ark steering committee

* See http://www.gazaark.org/2014/04/28/gazas-ark-attacked.

WHO SAID CCTV CAN STOP TERROR ATTACK?

From: joachim omolo ouko
News Dispatch with Father Omolo Beste
MONDAY, JUNE 9, 2014

Dennis from Nairobi writes: “Father Beste, why the hype about the CCTVs it is laughable, that in the advert the footages from the Westgate attack is used, what does it mean? CCTVs were at Westgate but it was still attacked.

All it serves often is historical like audit, and for terror acts the damage will have been done in a big way, for crimes yes it may be useful tracking the perpetrators. Let us differentiate the two that is crime and terrorism.

The later is backed well resource wise and the perpetrators are ready to die and like Obama put it suicide has become a weapon, so you may see the footages but the damage from terrorists will have been done”.

This is a valid argument Dennis. Although Jubilee government hopes placing closed-circuit television (CCTV) cameras around some of the targeted areas by terrorists could provide them the clues they’re desperately looking for, as you have properly said these cameras were placed in Westgate Mall but could not enable the government trace the terrorists.

The CCTV showed clearly how one man cowered in front of a cashier desk, but he is immediately spotted by one of the terrorists who shot him at close-range and walked away. Sprawled out in a pool of blood on the shop floor, the man desperately tries to gather the strength to crawl away to safety.

He drags himself up to a sitting position, but falls back on to the tiled flooring. The gunman soon returns and shows the terrified man no mercy, shooting him again. In total at least 67 people died in the September siege – the chilling video clips obtained by the news outlet show just the first day of the bloody massacre.

In another surveillance video the British four-year-old who famously told one of the terrorists that he was a ‘very bad man’ could be seen clearly with his mother and six-year-old sister. His mother, a film producer, had been queuing to buy milk when the militants struck.

She hid under a cold meat counter in the Nakumatt supermarket for an hour-and-a-half with her children beneath her before terrorists finally found them and shot her in the thigh. The trio is shown walking through the supermarket – the mother is pushing an injured child in a trolley.

They are followed by a terrified teenage girl wearing a white top stained with blood, who is walking along with her hands up in the air. Behind them a gunman, brandishing an assault rifle, gestures the way. Bizarrely, the terrorists handed the children Mars bars before they fled. The woman, the children and girl were all eventually released.

Another clip showed the terrorists scouting out a supermarket while chatting on their mobile phones. Al-Shabaab said it remained in contact with the attackers as they battled Kenyan forces during the hostage crisis. At one point it looks as though one of the terrorists is looking for surveillance cameras. The attackers appeared relaxed in several clips – in one quiet period they are even seen taking turns for prayer time.

With this brief background we can categorically say that security cameras cannot help prevent terrorist attacks because once they hit they disappear. You will see them alright, but you will not help since they would have already killed.

Terrorists do not care whether they are caught or not. Again as you have said even in USA CCTV cameras can’t stop terrorist attack. Cameras did not protect against the Boston Bombings. Like Westgate Mall, it only helped catch the perpetrators after the attack. Someone bent on terror does not care about being identified.

Chicago Mayor Rahm Emanuel was one of the first to demand more cameras in response to the Boston Bombings. New York Republican Rep. Peter King also called for increased CCTV in urban areas.

New York has 3,000 security cameras in Lower Manhattan alone. London leads the world in its surveillance of residents with 500,000 CCTV cameras in London alone. All these have not prevented terrorists from attacks.

Leave alone CCTV, Kenya’s lead counter-terrorism agency received $735 to spend in March. The force is allocated $2,205 quarterly for its operations – for maintenance and fuel for cars, travel expenses and office supplies – in January, February and March, yet this did not stop terrorists from attacks.

The allocation of money was aimed at counterterrorism agency to stop another Westgate Mall-style terrorist attack. This is despite the fact that Kenya is one of the top five global recipients of State Department antiterrorism funding.

In fiscal year 2013 a US-Kenyan law enforcement cooperation program known as the Diplomatic Security Antiterrorism Assistance program had a budget of $7.75 million, which is divided among multiple security services in Kenya and goes toward training and equipment.

The Anti-Terror Police Unit was formed in 2003 shortly after Al Qaeda in 2002 bombed an Israeli-owned hotel in Mombasa, killing more than a dozen people, while also nearly simultaneously attempting to bring down an Israeli plane taking off at Mombasa International Airport.

Those attacks took place four years after Al Qaeda orchestrated the bombing of US embassies in Kenya and Tanzania, killing 224 people, including a dozen Americans.

The proposed Ksh 15 billion CCTV cameras is coming at a time Kenya’s economy is likely to expand 5.8 percent in 2014 after below-target growth of 5.1 percent last year, the Ministry of Finance said on Wednesday.

The economy faces risks such as weak growth in advanced economies that could affect exports and tourism, as well as public spending pressures such as public sector wages and interest rate payments.

The budget deficit in the fiscal year starting in July is likely to be 5.9 percent of gross domestic product, down from 7.9 percent targeted in the current year to the end of June. Government spending in 2014/2015 is projected at 1.52 trillion shillings – or 32.9 percent of GDP – from a previously forecast 1.47 trillion shillings.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail obolobeste@gmail.com
Omolo_ouko@outlook.com
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CHEATING SPOUSES ON RED CARD ALERT

From: joachim omolo ouko
News Dispatch with Father Omolo Beste
SATURDAY, JUNE 7, 2014

Yuvinalis from Kisii writes: “Fr.Beste I read your article on Rose about her husband cheating on her and I just pity her. I worked in three major media houses in Kenya and during those days we did not have much to report on women divorcing or separating with their husbands because they cheat on them.

Strictly speaking, if you divorce your husband or wife because of extra marital affairs, in my opinion it is not right. It is the duty of husband and the wife to protect each other. They need to have dialogue.

I have seen many cases of wives or husbands cheating on each other, but what I can advice Rose and other women is that cheating on them should not be the reason for divorce or separation. There is no need of fighting each other, but better dialogue.

In most cases divorce is thought of as a solution because of lack of good communication which may lead to lack of understanding hence divorce. Rose has not divorced but I assure her that long period of separation may lead her to divorce.

If it persists seek the council of the parents or the small Christian community members. It is only when the other party completely refuses council from the elders that you could consider a divorce. I would also advice Rose and other women that it is not right to check their husbands’ phone or emails. Husbands should also not do the same to their wives.

I leave my phone in the sitting room when I go to the bedroom or the shower. I have big kids and I don’t mind them picking my phone. I don’t have any lockable item in my house. Hence all of us can access any items in the house. This is just to do with trust.

I should also advice men who cheat on their wives to stop doing so because this is just destroying your family and you”.

Thank you for your concern Yuvinalis. I hope Rose will follow your advice and have a change of heart. Your advice to men who cheat on their wives is fantastic. Remember this is not only Rose. The rate of divorce in Kenya on such illicit affairs is on the increase.

Filing a divorce case in court is even more expensive. Legal sources indicate that the cost of filing a divorce case could range from a minimum of Sh200, 000 to Sh500, 000, and the case could drag on in court for years.

A party seeking divorce is known as a petitioner while the one against whom the petition is filed is known as the respondent .The petitioner must illustrate or prove to the court why he or she wants the court to grant the divorce.

The party must prove that their case fits within one of the few grounds for divorce as stipulated in the law. For example, the petitioner has to demonstrate to the satisfaction of the court that a matrimonial offence has occurred, and hence the marriage should no longer continue.

Section 8 of the Matrimonial Causes Act provides divorce proceedings may be commenced either by the husband or the wife on the ground that the respondent:

(a) has since the celebration of the marriage committed adultery; or

(b) has deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition; or

(c) has since the celebration of the marriage treated the petitioner with cruelty; or

(d) is incurably of unsound mind and has been continuously under care and treatment for a period of at least five years immediately preceding the presentation of the petition, and by the wife on the ground that her husband has been guilty of rape, sodomy or bestiality.

The court can also dissolve a marriage if parties show that the marriage has irretrievably broken down, and that there is no love between the parties anymore. These are the only grounds upon which parties can seek to have a marriage dissolved.

Kenyan law prohibits the presentation of a divorce petition to a court of law before three years after the marriage, unless good reasons are shown to the court as to why the petition should be entertained. Parties have to remain within the marriage for a minimum of three years before they lodge a divorce petition.

Like in the case of Rose she is still in a marriage, until the court will grants her a divorce. This is because separation does not break marriage. It is only divorce that breaks the matrimonial bond completely. In other words, she can be free to be remarried.

In Catholic Church this is quite different. Marriage in Catholic is a vocation which fosters the good of the spouses and naturally leads to the procreation and education of children. Above all marriage is a sacrament (Eph. 5).

The couple must understand what marriage is and they must intend their marriage to be a lifelong partnership which is open to children. They must intend fidelity and the mutual good of one another. They must also have the physical and psychological ability to follow through on these intentions.

When all of the above factors are brought together, a sacramental, indissoluble union is established by God. The Church believes that God, the author of marriage, established it as a permanent union. When two people marry, they form an unbreakable bond.

Divorce can only be considered on an annulment. It is a finding by a Church tribunal that on the day vows were exchanged at least one essential element for a valid marriage was lacking. For example, one of the parties did not intend to be faithful to the other party or approached marriage as merely a temporary bond.

A decree of nullity may also be considered on the grounds that one of the parties is incapable of entering into a valid marriage due to fear or coercion, a lack of judgment caused by mental illness or gross immaturity, a psychological disorder or the fact that one of the parties is still validly married to another party.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail obolobeste@gmail.com

Omolo_ouko@outlook.com
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Governments have direct access to eavesdrop in some countries – Vodafone Disclosure Report

From: Abdalah Hamis

World’s second-biggest mobile phone company, Vodafone, said government agencies in a small number of countries in which it operates have direct access to its network, enabling them to listen in to calls.

Vodafone on Friday published a “Disclosure Report” which said that while in many of the 29 countries in which it operates, government agencies need legal notices to tap into customers’ communications, there are some countries where this is not the case.

http://3.bp.blogspot.com/-xbM3U6tKB7Q/U5GRLftLOLI/AAAAAAAAWwM/NI6vfFeCwLU/s1600/Screenshot_1.png

In this report we provide an overview of some of the legal powers under the law of Tanzania that government agencies have to order Vodafone’s assistance with conducting real-time interception and the disclosure of data about Vodafone’s customers.

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE

The Electronic and Postal Communication Act The Electronic and Postal Communication Act, 2010 (the “EPOCA”) does not specifically make provision for interception of customer communications. However, the existence of intercept powers can be implied from section 120 of the EPOCA which provides that
no person, without lawful authority under the EPOCA or any other written law can intercept, attempt to intercept, or procure any other person to intercept or attempt to intercept any communications. An application must be made under ‘any other law’ to the director of public prosecution (the “DPP”) for authorisation to intercept or listen to any customer communication transmitted or received.

Only public officers or an officer appointed by the Tanzania Telecommunications Regulatory Authority (the “TCRA”) and authorised by the Ministry of Science and Technology and the Ministry of Home Affairs may be permitted to intercept such communications.

Section 120 of the EPOCA provides that any person who, without lawful authority under the EPOCA or any other written law:

a. intercepts, attempts to intercept, or procures any other person to intercept or attempt to intercept any communications; or

b. discloses, or attempts to disclose to any otther person the contents of any communications, knowingly or having reason to believe that the information was obtained through the interception of any communications in contravention of this section; or
c. uses or attempts to use the contents of any communications, knowingly having reason to believe that the information was obtained through the interception of any communications in contravention of this section, commits an offence. This section therefore implies that any person with lawful authority may intercept customer communications.

Tanzania Intelligence and Security Service Act The Tanzania Intelligence and Security Service Act [Cap 406 R.E. 2002] (the “TISSA”) provides that the Tanzania Intelligence and Security Service (the “Service”) has a duty to collect by investigation or otherwise, to the extent that it is strictly necessary, and analyse and retain, information and intelligence in respect of activities that may on reasonable grounds be suspected of constituting a threat to the security of Tanzania or any part of it. Section 15 of TISSA further provides that the Service has the power to investigate any person or body or persons whom or which it has reasonable cause to consider a risk, or source of risk, of a threat to state security and that the Service may conduct any investigations which are required for the purposes of providing security assessments. Section 10 of TISSA provides that the Director-General of the Service shall have the command, control, direction, superintendence and management of the Service and all matters connected with it and that all orders and instructions to the Service shall be issued by the Director-General subject to any orders issued by the President of the United Republic of Tanzania, unless the Minister responsible for intelligence and security directs otherwise in writing.

Tanzania Intelligence and Security Service Act The Tanzania Intelligence and Security Service Act [Cap 406 R.E. 2002] (the “TISSA”) provides that the Tanzania Intelligence and Security Service (the “Service”) has a duty to collect by investigation or otherwise, to the extent that it is strictly necessary, and analyse and retain, information and intelligence in respect of activities that may on reasonable grounds be suspected of constituting a threat to the security of Tanzania or any part of it. Section 15 of TISSA further provides that the Service has the power to investigate any person or body or persons whom or which it has reasonable cause to consider a risk, or source of risk, of a threat to state security and that the Service may conduct any investigations which are required for the purposes of providing security assessments. Section 10 of TISSA provides that the Director-General of the Service shall have the command, control, direction, superintendence and management of the Service and all matters connected with it and that all orders and instructions to the Service shall be issued by the Director-General subject to any orders issued by the President of the United Republic of Tanzania, unless the Minister responsible for intelligence and security directs otherwise in writing.

Criminal Procedure Act

Section 10 of the Criminal Procedure Act [Cap 20 R.E. 2002] (the “CPA”) provides/grants the powers to police officer(s) to investigate the facts and circumstances of a case where a police officer has reason to suspect the commission of an offence. Further, section 10(2) of the CPA specifically provides for the police officers’ powers, by order in writing, to require the attendance of any person (natural or legal) who from information given or in any other way appears to be acquainted with the circumstances of a case, or who is in possession of a document or any other thing relevant to the investigation of a case to attend or to produce such document or any other thing.

DISCLOSURE OF COMMUNICATIONS DATA

The Electronic and Postal Communication Act

Section 91 of the EPOCA provides that there shall be a database kept with the TCRA in which all subscriber information will be stored. Every application services licensee must submit to the TCRA a monthly list containing its subscribers information.

Further, Regulation 4(2)(b) of the the Electronic and Postal Communication (Telecommunications Traffic Monitoring System) Regulations 2013 (the “TTMS Regulations”) provide that the TCRA shall acquire, install, operate and maintain
traffic monitoring and measurement devices at the operator’s premises. Moreover, regulation 8 of the TTMS Regulations provides, inter alia, that the Traffic Monitoring System shall collect call detail records without any interception of contents of communications such as voice or SMS. Call detail records have been defined as information generated by telephone exchanges which contain details of calls originating from, terminating at or passing through the exchange. In addition,
regulation 13(4) of the TTMS Regulations provides that the TCRA must ensure that call detail records data are collected for the exclusive purpose of monitoring compliance with the TTMS Regulations; they are encrypted and stored with the
last three digits of the calling numbers hashed in order to protect confidentiality; and call detail records collected are not transmitted or given to third parties, public or private, except as permitted by law.

The EPOCA provides that information may only be disclosed by an authorised person where it is required by any law enforcement agency, court of law or other lawfully constituted tribunal authority with respect to subscriber information.
However, pursuant to the Electronic and Postal Communications (Licensing) Regulations, 2011 (the “Licensing Regulations”) a licensee may collect and maintain
information on individual consumers where it is reasonably required for its business purposes. It further provides that the collection and maintenance of information on individual consumers must be: (a) fairly and lawfully collected and
processed; (b) processed for identified purposes; (c) accurate; (d) processed in accordance with the consumer’s other rights; (e) protected against improper or accidental disclosure; and (f) not transferred to any party except as permitted by any terms and conditions agreed with the consumer, as permitted by any permission or approval of the Authority, or as otherwise permitted or required by other applicable laws or Regulations.

Under section 99 of the EPOCA a person shall not disclose any information received or obtained in exercising his powers or performing his duties in terms of the EPOCA except:

(a) where the information is required by any law enforcement agency, court of law or other lawfully constituted tribunal;

(b) notwithstanding the provision of this section, any authorized person who executes a directive or assists with execution thereof and obtains knowledge or information of any communication may;

(i) disclose such information to another law officer to the extent that such disclosure is necessary for the proper performance of the official duties of the
authorised person making or the law enforcement officer receiving the disclosure; or
(ii) use such information to the extent that such use is necessary for the proper performance of official duties.

NATIONAL SECURITY AND EMERGENCY POWERS

The National Security Act

The National Security Act [Cap 47 R.E. 2002] (the “NSA”), which makes provisions relating to state security, states in section 15 that where the DPP is satisfied that there is reasonable ground for suspecting that an offence under the NSA has been or is about to be committed, and that some person may be able to furnish information with regard thereto, he may, by writing under his hand, authorise a named officer to require that person to give a police officer any information in his power relating to such suspected or anticipated offence.

Tanzania Intelligence and Security Service Act Section 5 of TISSA gives authority to the Service to obtain, correlate, and evaluate intelligence relevant to security, and
to communicate any such intelligence to the Minister and to persons whom, and in the manner which, the Director-General considers it to be in the interests of security. In doing so the Service shall cooperate as far as practicable and necessary with such other organs of state and public authorities within or outside Tanzania as are capable of assisting the Service in the performance of its functions.

Constitution of United Republic of Tanzania The Constitution of United Republic of Tanzania 1977 as amended from time to time (the “Constitution”) provides
the Parliament with the power to enact and enable measures to be taken during a state of emergency or in normal times in relation to persons who are believed to engage in activities which endanger or prejudice the security of the nation.
Article 31 of the Constitution provides that any law enacted by Parliament shall not be void for the reason only that it enables measures to be taken during a state of emergency or in normal times in relation to persons who are believed to engage in
activities which endanger or prejudice the security of the nation, which measures derogate from the right to life.

OVERSIGHT OF THE USE OF POWERS

Other than as outlined above there is no judicial oversight over these powers. However, section 114 of the EPOCA provides that the TCRA may take enforcement measures against any person who contravenes licence conditions, regulations and
provisions of the EPOCA.

INCURABLE CANCER OF TRIBALISM IN KENYA

From: joachim omolo ouko
News Dispatch with Father Omolo Beste
THURSDAY, MAY 22, 2014

Vivian from Kipchimchim, Kericho, Kenya writes: “Fr Beste you really know Kenyan politics. You had said that President Uhuru Kenyatta had the power to dictate what he wishes and no one can bar him from doing so. He has finally paid the Anglo Leasing money just as you said he would do.

Now Beste what do you say about recent action by Devolution Secretary Anne Waiguru to fire National Youth Service Kiplimo Rugut (Kalenjin), replacing him with former State House Comptroller Nelson Githinji (Kikuyu). Don’t you think Kalenjin communities will look at this as tribalism of the high class?

I am a Kalenjin but afraid we will not vote Uhuru again come 2017. This is to me he used Kalenjins to ascend to power. I wonder when tribalism will end in Kenya. Imagine firing Rugut, who had served as the NYS director general for just a year.

Thank you for this important question Vivian. For your information, tribalism is not going to end in Kenya very soon as Charles Hornsby points out in his book, chapter on ‘The Kikuyunization of Kenya. He says this has been inherited from Jomo Kenyatta who in 1970s gave crucial posts of provincial commissioners to his tribesmen.

These posts were held by a small group of conservative insiders, more than half of whom were Kikuyu from 1967 until Kenyatta’s death in 1978, and three of whom were sons of chiefs. Appointments to statutory boards and parastatals showed the same trend.

Hornsby adds: in “popular imagination”, Jomo Kenyatta was not only “the benevolent dictator but simultaneously ‘the chief architect and patron of the Greater Kikuyu Community’.” (Read a History since Independence pp.254-258 by Charles Hornsby, 2012).

Senior Kikuyu Parastatal leading the 1970s under Jomo Kenyatta were as follows: Ephantus Gakuo, Director-general of East African Railways (later Kenya Railways), 1987-1970s (Uhuru Kenyatta’s father in-law), Bethwell Gecaga, Chairman, Industrial Development Bank (1976-9), Julius Gecau, Managing director, East Africa (later Kenya) Power and Lighting Company (1970-84), James Karani Gitau, and General manager, Kenya National Trading Corporation (1969-79).

Others were Stanley Githunguri, Executive chairman, National Bank of Kenya (1976-9), Charles Karanja, General manager, Kenya Tea Development Authority (1970-81), John Matere Keriri, General manager then managing director, Development Finance Company of Kenya (1972-82), Peter Kinyanjui, Chairman, East African Harbours Corporation (later Kenya Ports Authority) 1970-80, John Michuki, Executive chairman, Kenya Commercial Bank (1970-9), Philip Ndegwa, Chairman, Agricultural Finance Corporation (to 1974), and Matu Wamae, Executive director, Industrial and Commercial Development Corporation (1969-79).

The Kikuyunization under Uhuru Kenyatta came real in September when he appointed Nancy Gitau – Chief Political Advisor, Joseph Kinyua – Chief of Staff and Head of the Civil Service, Arthur Igeria – Head of the Nairobi Centre for International Arbitration Board, Mutahi Ngunyi – Senior Political Advisor, John Mututho – Chairman NACADA, Lee Kinyanjui – Chairman National Transport Authority, and Kiragu wa Magonchi – Chairman Teachers’ Service Commission.

When Kalenjin communities complained, instead Uhuru went on by appointing more Kikuyus. A committee appointed by Uhuru to investigate whether to repatriate Somali refugees in Daadab and Kakuma camps following the Westgate attack, consisted of Kikuyus with only one Kalenjin.

They were, Daniel Njuguna Waireri-Chairman, Joyce Wanja Mburu-Vice Chairperson, Wamuyu Wang’undu, Gladys Njoki Muhia, Nyokabi Githiura, Charles Karanja, Elizabeth Nyaguthi, Stephen Kiraithe, Athanas Gichuki Mwathe, Christine Agatha Waitherero, Dr. Githinji Wamwoka, James Lee Mukora, Joe Nyaga, Presidential adviser on regional cooperation (Embu) and Hosea Kimkung Maiyo (the only Kalenjin).

The complaint from Kalenjins did not prevent Uhuru from appointing more Kikuyus and people from his TNA party. Kalenjins were surprised when he appointed former Head of Civil Service Francis Muthaura as the chairman of the Lamu Port-Southern Sudan-Ethiopia Transport (LAPSET). Muthaura is Merian who comes from Mt Kenya region as Uhuru Kenyatta.

Other appointments included Dr. Githinji Wamwoka, James Lee Mukora, and Joe Nyaga Presidential adviser on regional cooperation (Embu). Former Kenya Airports Authority Managing Director George Muhoho, Uhuru’s uncle, was poised to take over at Kenya Power, former Kengen CEO Eddy Njoroge was appointed the informal energy adviser to Uhuru at State House.

Former Kikuyu MP Lewis Nguyai, a close Uhuru ally, chairman of the Kenya Leather Authority, former Kamukunji MP Simon Mbugua, chairman of Kenya Betting and Control Board and Joe Kibe, chairman of the Kenya Pipeline Authority. Uhuru inherited this tribal appointment to key positions from Mwai Kibaki.

When Kalenjins complained bitterly and threatened to move away from Uhuru’s government, it emerged that DP William Ruto went to State House on 12th Nov 2013 citing mistreatment and shortchanging on parastatal appointments. Uhuru just kept quiet and went on with similar appointments.

You should be aware Vivian that Kalenjins are not only furious with Uhuru on tribal appointments. As Kericho Senator Charles Keter sensationally pointed out Kalenjins are also furious with Uhuru for retaining some individuals who ‘fixed’ Deputy President William Ruto to ICC.

Mind you, Anne Waiguru is not alone to blame. Transport and Infrastructure Cabinet Secretary Eng. Michael Kamau did exactly the same by confirming Lucy Mbugua as the Managing Director of Kenya Airports Authority. Furthermore, Ms Waiguru is only effecting orders from her boss.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail obolobeste@gmail.com
Omolo_ouko@outlook.com
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Twitter-@8000accomole

HOW TRIBALISM HINDERS FIGHT AGAINST CORRUPTION IN KENYA

From: joachim omolo ouko
News Dispatch with Father Omolo Beste
TUESDAY, MAY 20, 2014

John from Narok writes: “Fr Beste thank you for this good work you are doing to educate Kenyans through your news blog. In one of your articles you said corruption cannot end in Kenya as yet. Why do you say so Father?”

Thank for asking this important question John. I am saying so because one factor that fuels the problems of corruption in Kenya is tribal loyalty. Member of the same clan or tribe often form cartels of corruption, and as such it becomes their turn to eat.

It explains why corruption played a role with all 3 Kenyan presidents up to now. Jomo Kenyatta handed over land to members of his own clan and tribe. Kenyatta himself became one of the largest private land owners in the country.

Daniel arap Moi did exactly the same. Mwai Kibaki continued with the system. Like Jomo Kenyatta and Daniel arap Moi, Mwai Kibaki administration consisted largely of his tribe. From 2003 to 2006, Kibaki’s cabinet spent 14 million dollars on new Mercedes cars for themselves.

President Uhuru Kenyatta is doing exactly the same. Key- job positions in his government has been taken by people from his tribe. Raila Amolo Odinga probably would have done exactly the same when he could be the president.

This is despite the fact that legislation against corruption is mandated to deal with such corrupt deals. Under the Anti-Corruption and Economic Crimes act, the KACC is mandated to fight and prevent corruption.

Unless corruption is weeded out, Kenyans will continue to become poorer and poorer. It explains why majority of Kenyans continue to live below the poverty level. This is mainly because of mass unemployment, which has resulted to rising crimes, especially armed robbery and carjackings – in Nairobi and other major towns.

That is why between 1992 and 1998, infant mortality for under five-year-olds rose from 74 to 105 per 1,000 and still continues to do the same. That is because the pledges presidents who succeed another make that they will fight corruption is not honored.

Partly because they were in the same government they are succeeding. It means they were part of that corruption. It was with this in mind that President Mwai Kibaki could not charge people who were implicated in Goldenberg scandals, despite recommendation by the Attorney general Amos Wako that they should be charged.

This was according to the commission Kipaki appointed to fully investigate the Goldenberg export compensation scandal, which cost Kenya billions of shillings in the early 1990s. According to witnesses at the commission’s hearings, as much as 60 billion Kenyan shilllings (US$850 million)—a fifth of Kenya’s gross domestic product—was looted from the country’s Central Bank through billionaire Kamlesh Pattni’s Exchange Bank in 1991.

Kibaki could not charge them because the inquiry implicated Daniel arap Moi, his two sons, Philip and Gideon (now a Governor in Kentatta’s government), and his daughter June, as well as a host of high-ranking Kenyans.

In his testimony, Treasury Permanent Secretary Joseph Magari recounted that in 1991, President Moi ordered him to pay Ksh34.5 million ($460,000) to Goldenberg, contrary to the law existing then.

Fr Joachim Omolo Ouko, AJ
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