Category Archives: Kenya

Kenya: Congratulations Hon Hassan of Kamukunji

from odhiambo okecth

On Saturday, Hon Yussuf Hassan- the Member of Parliament for Kamukunji Constituency, led a team from the Eastleigh Business District Association and residents of Eastleigh in cleaning up the 1st Avenue and 2nd Avenue in Eastleigh.

This is very commendable and we want to take this opportunity to commend Hon Hassan ans the people of Eastleigh for stepping forward and joining us in the trenches. Kindly make this a Monthly affair and never give up till Eastleigh regains her lost glory.

Eastleigh used to be one of the cleanest Estates in Nairobi.

It is important to note that we launched the City Wide Clean up Campaign here in Eastleigh on the 18th September 2010 in partnership with Eastleigh Business District Association, the City Council of Nairobi, the Provincial Administration and other partners in a process that was flagged off by the then Mayor of Nairobi Cllr Geoffrey Majiwa.

We have since gone Nationwide.

It is our pleasure when many more organizations and Kenyans can step forward to help clean Kenya.

Let us all roll our sleeves and work for a Clean Kenya. If you want to view more of these photos, please visit our Facebook Page; Monthly Nationwide Clean up Campaign

A Clean, Green and Litter Less Kenya at 50 is possible and achievable.

Odhiambo T Oketch
CEO KCDN Kenya,
National Coordinator- The Monthly Nationwide Clean-up Campaign
Tel; 0724 365 557
Blog; http://kcdnkomarockswatch.blogspot.com
Website; www.kcdnkenya.org
Facebook; Monthly Nationwide Clean up Campaign
Facebook; Odhiambo T Oketch

Kenya: Battle for Kisumu Senate Seat is in the offing, but might not favor Prof. Nyong’o

By Ndira-Uradi in Kisumu City

The Minister for Health Services Prof. Peter Anyang’ Nyong’o is reported by impeccable source to have expressed his wish to switch from defending his Kisumu Rural parliamentary seat and is said to be gearing to go full blast for the Kisumu County Senate seat.

However, political pundits and observers alike have been quick to dismiss the Minister’s candidature as inconsequential and political blunder, which he will live to regret for many years to come.

One opinion leader from the Minister’s Seme backyard has termed the Minister move as “political suicide, arguing that Nyong’o popularity in his home turf of Seme has waned drastically to an extent that he might not even recaptured his Kisumu Rural parliamentary seat in an already drastically realigned constituency, whose registered voters have now been separated from those of the old Kisumu Rural. Close to half of the electorate in the old Kisumu Rural have been transferred in the new boundary alignment and include in Kisumu Town West

Prof Nyong’o the man who is credited for being so mean, the pundits says, will be no match to the two Nairobi based business tycoons whose campaign is sad to have hit the ground like Tsunami. The other contenders for the same seat include a Nairobi architect Ocholla Ogoda from Muhoroni and Eng.Maxwell Otieno Odongo,the Managing Director of Otieno Odongo and Partners Engineering Company Limited with consulting and engineering businesses in Kenya and beyond.

Ocholla Ogoda hail from Muhoron ,district but he has a strong root in Nyakach his original home, and could easily marshal votes from Nyakach district an event which could complicate the matter and make it worse for other aspirants.

Reports merging from Nyando indicated that there will be no other aspirant from the same seat from the populous Kano sub-clan, to which Otieno Odongo belonged to. This community is well spread in three districts of Nyando, Muhoroni and Kisumu Town East.

Otieno Odongo is a well known investor whose vast investment in chain of hotels, sugar cane farming and rice and maize milling plants has employed hundreds of workers is favored as a possible winner. When it come to gambling for the votes from the Jo-Kisumo, Kajulu clans as ell as the cosmopolitan voters within Kisumu City, he is much ahead of the two other aspirants.

Reports also indicating that the electorates Kisumu Town West constituency would be the most hostile voters to Prof Nyong’o due to his poor track record of development in the constituency which he ha represented for the last ten years.

Other sources claim that Prof Nyong’o who is said to be a confidant of the Prime Minister Raila Odinga is banking mainly on the ODM party leader for support at the needy hours. There is, however, no assurance that such support will be readily available, because Raila also would be involve n cut-throat campaign or his presidential bid and might to have free time to come down to Kisumu and campaign for Prof.Nyong’o to capture the Senate seat in Kismu County.

Rumors making the round say that more aspirants for the same seat would emerge within the next two months or so from either Kisumu, Nyakach or Kajulu. But as the situation stands today, the battle is expected to be fought between the three candidates led by Eng.Otieno Odongo.

Ends

– Uhuru: I will not quit, only MPs can push me out of post

From: Tebiti Oisaboke

Junior the son of Jomo is kidding the nation by insisting that he won’t quit his DPM’s job because he says the law doesn’t “permit” him to do so. He is protected by the law. I don’t blame him for misunderstanding the law but I blame the folks he hangs out with some of them holds colorful college diplomas in law. It makes no sense for someone like St. Steve the Watermelon who is a distinguished attorney to tell Jr and Mr. Kirimi Muthaura that it wasn’t necessary for them to step down from their public jobs after the ICC court at the Hague confirmed their charges against inhumanity, rape and deportation of persons. Kalonzo and Prof Muigai are shamelessly telling the country that it was okay for these guys to continue holding on to their jobs even though they have serious cases hanging on their backs. I applaud the Minister for Justice and Constitutional Affairs Mr. Mutula Kilonzo for telling Jr and Co what exactly the law states as written. I like folks like Mutula who stands and defends the constitution as is regardless of who is who in Kenya and has broken or is intending to break the law. Mutula is interpreting the law clearly as it says to Jr and here St. Steve the Wiper is busy telling Jr the wrong thing to do. He and his followers have given Jr a big thick head to confidently stand in a public rally and tell Kenyans he ain’t going anywhere and those intending to push him out of the DPM’s office should table a motion in the Chamber and evict or burn him out. Mutula has told St. Steve, Prof and the rest that the law will soon catch up with them for the law is SUPREME and must be respected by all citizens regardless who you are or who much you are worth financially.

Junior and Co should stop dreaming that they can fight with the law and just step down peacefully. We don’t want any more troubles as we have enough than what we can handle. For him showing us that he is a MACHOMAN tells a lot and such kind of behavior could be counterproductive in his ambition of becoming the next occupant at the big house in the hill. If he is not obeying the law now, will he do it once he sets foot in the big house? He needs to humble himself and talk in a polite and respectful way in order to attract our trust in him. If he can’t obey a simple law now how can we trust that he will safeguard our country Kenya if we hire him for the job? If he is not able to conduct himself in a mature and respectful way before his prospective future employers, then he is failing or franking the test with an F.

I am glad to hear that some of his buddies said at his prayer meeting that if Samoei arap Ruto and him are barred from contesting the elections they will boycott the exercise all together. That is very good, because we have thousands and thousands of Kenya citizens who have been on route 11 for years and can’t find any job anywhere. We can always find somebody to do the job and we will be very much OKAY!!! Let them not think that without them we can’t live. We have always lived and survived guys. If we made it through during Senior and Nyayo’s days, why not now?

Finally, I’m surprised a lot of people spoke at that meeting but none mentioned anything to do with the IDPs. See how mean these dudes are?

God bless Kenya
TOI

– – – – – – – – – –

Uhuru: I will not quit, only MPs can push me out of post

By Mutinda Mwanzia

Deputy Prime Minister Uhuru Kenyatta has vowed to stay put despite calls for his resignation. Uhuru insisted that he would not step down as one of the two deputy prime ministers, adding that only a vote of no confidence would remove him from office.

“Let those pushing the clamour to oust me bring a Motion in Parliament and we will fight it out there. The law protects my office,” he declared. Vice President Kalonzo Musyoka urged Uhuru to stay put in office, adding that those pushing him to resign as the DPM, want to set the stage for the collapse of the Coalition Government.

“I had in fact told Uhuru and Muthaura not to resign since by doing so they would be betraying the interests of many Kenyans,” said Kalonzo.

Assistant Minister and Nithi MP Kareke Mbiuki and Yatta MP Charles Kilonzo urged the Wiper party to sack Justice Minister Mutula Kilonzo as its Secretary General, terming him a disgrace.

“We have given him an office yet he is even contradicting the party leader,” said Kilonzo.

But in a swift rejoinder, Mutula told off Kalonzo and his critics terming them political opportunists. Mutula said he would not be shaken by their attacks, adding that it was immoral for the Vice-President to consort with persons charged with crimes against humanity.

“I am not losing any sleep due to their shouts, but I can tell you for free that the law will catch up with them. Let them grand- stand, but the Constitution will reign supreme,” Mutula told The Standard On Sunday.

Machakos Town MP Victor Munyaka said Kalonzo was committed to ensuring that whoever wins PNU Alliance presidential nominations would be supported.

Munyaka said there was no stopping Kalonzo, Uhuru, and Ruto in their march to State House.

The politicians were speaking on Saturday at a second prayer rally in as many days by the G7 group in Ruiru Stadium, Kiambu County. Kalonzo joined presidential hopefuls Uhuru and Ruto in their prayer rallies where allies of the two ICC suspects vowed to boycott the General Election if the names of the accused are not in the ballot.

Fifty MPs drawn from various political parties said there was no provision in the Constitution barring Uhuru and Ruto from the presidential race.

Belgut MP Charles Keter sounded the elections boycott clarion call, saying if Uhuru and Ruto are locked out of the State House race, then they would mobilise their supporters to boycott the polls.

Branded opportunist

The rally was also a forum to hit out at Justice Minister Mutula Kilonzo who has insisted that Uhuru and Ruto should stop their presidential ambitions due to the ICC charges.

Kalonzo declared he was not a traitor, adding he would not benefit from the ICC ruling that confirmed charges against Uhuru and Ruto. He said that he saved the country and especially the people of central Kenya when he joined Kibaki to form a government after the disputed 2007 presidential election results.

Kalonzo said he was not a coward, adding those who have branded him an opportunist did not understand him. “Some are saying that I am crying crocodile tears for Uhuru and Ruto and that is not true. I mean well for them,” said Kalonzo.

Ruto said nothing barred them from the presidential race, adding their political enemies were behind the scheme to lock them out of the race. But Ruto did not mention Chapter Six of the Constitution that demands integrity in public office.

Ministers Kiraitu Murungi, Amos Kimunya, Robinson Githae, Chirau Ali Mwakwere, Samuel Poghisio, Naomi Shabaan and presidential hopefuls Raphael Tuju, Eugene Wamalwa, and Cyrus Jirongo were also present.

The leaders lauded Prime Minister’s Raila Odinga’s wife, Ida Odinga, for supporting a local mechanism to try those facing ICC charges.

KENYA: THREE NUBBED WITH RELIEF FOOD, AND TWO PEOPLE ARE LYNCHED BY MOB IN KISUMU

By Dickens Wasonga

It was the end of the road for three suspects whom the police nubbed while ferrying relief food from Muhoroni district to Kisumu with the intention to sell.

According to the Kisumu CID chief Peter Matu, the trio were arrested at Miwani area by police on patrol following a tip off.

When the police intercepted them, they failed to produce document of purchase and the officers got into action when they spotted the GOK labels in the 50 kgs bags.

It is understood that the suspects told the police that they obtained the 250 bags of rice meant for relief from the government stores in Chemelil where it was being kept.

It was not immediately clear whether the trio broke into the stores to get the food given that such places are usually guarded round the clock by armed seccurity personnel.

The DCIO said the three who were being held at the Kisumu’s central police will appear in court today.

Cases of theft of food meant for relief is not unique in the region. Three years ago several bags of maize and beans were seized at the famous Kibuye market while on sale.

After that incident several senior administrators from whose area the relief food was traced were reshuffled.

Members of the public have also on various occasions accused chiefs and their assistant of being behind attempts to divert such food given to alleviate hunger during drought or floods or just giving preference to their relatives and cronies.

Meanwhile a suspected car jacker was on Thursday lynched in Kisumu. The suspect had posed as a stranded passenger seeking a lift at night when a good Samaritan offered to rescue him.
Little did the motorist realize that he had offered a lift to a thief who pounced on him with a panga.

He raised alarm and members of the public came to rescue but ended up lynching the suspect. Area OCDP Musa Radoli confirmed the incident.

And in Manyatta estate a middle aged man was also killed by irate members of the public in what the police described was a love related fall out.

According to the police, the slain man had earlier snatched a lady from another said to be a motor cyclist in the estate.

The deceased upon taking away the woman, he left to his house but the aggrieved man went and mobilized his colleagues who traced him and burnt him. The deceased,is said to work in one of the local bara as a security man.

Police said they have since launched investigations into the incident warning the public against taking the law unto their hands. nobody has been arrested so far.

ENDS

KENYA: KEMRI/CDC COLLABORATION WITH MOPH TO DECENTRALIZE TESTING OF MRD TB STRAIN.

By Dickens Wasonga.

Research scientists across Nyanza are alarmed that most medical laboratories in region, just like in other parts of the country still lacks the capacity to analyze specimen more so on the multi drug resistant TB strain.

Although the strain is still not common in the region and in the entire country,they are concerned that all the samples that needs to be analyzed currently about the MRD TB have to be taken to Nairobi.

This trend besides being time consuming, also adds to the cost of managing the disease and researchers have voiced their concern, asking that it be reversed.

Towards this end the Kenya Medical Research Institute (KEMRI)and the United States Center for Disease Control (CDC) in partnership with the Ministry of Public

Health and Sanitation (MOPHS) have now signed a memorandum of understanding which will see the decentralization of Multi Drug Resistance (MDR)

Tuberculosis {TB} testing services.

The move, according to the KEMRI Center director for Kisian Dr. John Vulule is targeting to create capacity of the medical laboratories in the region beginning with New Nyanza Provincial general hospital which currently serves as the regional referral facility.

Dr. Vulule pointed out that through the partnership , KEMRI/CDC will conduct trainings which will target laboratory staff in the selected facilities with those at the provincial hospital being considered in the first phase.

” Most of our health facilities with labs should be covered overtime in the trainings which will enhance capacities of those labs so that they are able to handle cases that are presented in their areas of jurisdiction. Because it involves even buying of some equipments, it is going to be costly and the program can only start at the refferal hospital which is very critical then spread to the others later’ He said.

Currently the Central Reference Laboratory in Nairobi, which conducts TB culture and sensitivity testing across the counrty is overburdened and this new collaboration will help ease the congestion and the burden witnessed there.

This is a timely decision because the MOU will now authorize KEMRI/CDC’s TB research laboratories to diagnose MDR TB and other suspected cases of MDR TB within Nyanza province.

Dr. Joseph Sitienei, the Director of National Leprosy and TB Control Programme (NLTP) in Kenya who witnessed the signing Ceremony which took place at the Kisian Center recently said the purpose of this partnership is to decentralize TB services and provide high quality services to Kenyans.

US Dollar 100,000 whci will go towards supporting this partnership will be through the KEMRI/CDC HIV Implementation Science and Services (HISS) branch which will facilitate culture and sensitivity testing targeting to benefit 2,000 TB patients every year.

Albert Okumu Ochieng, the KEMRI/CDC TB Lab Manager, said at the moment the TB lab at the research center has the capacity to conduct high quality diagnosis and surveillance having met all the international standard requirements.

“Our Current lab used for TB testing has well trained staff and superior modern facilities which is crucial for investigating MDR TB cases. This will reduce the turnaround time especially for specimens from Nyanza province.” Dr. Ochieng said.

KEMRI/CDC addresses the region’s toughest health problems at their source, directly working with vulnerable families and communities in local hospitals, clinics, and laboratories.

It also works in strong partnership with local, national, and regional partners working on health related issues.

We expect that with this new partnership ,KEMRI/CDC’s TB Research Laboratory will also be able now to train staff from the Central Reference Laboratory to help build their capacity as well.” Said Dr. Vulule.

The Kisian Center under the stewardship of the current director has continued to make progress on various research activities amongst them the participation in the third phase of the most advanced malaria vaccine trial.

It was also under this center that a study on discordant couples carried out in Asembo in Rarieda district revealed that early introduction into A RVs can reduce chances of further transmission by up to 90 per cent.

Under the neglected tropical diseases, the centers branch on Bilharzia is currently undertaking mass drug administration in most parts of Nyanza, especially along the shores of Lake Victoria where the disease is more prevalent.

ENDS.

Kenya: Baraza’s court move suffers blow

From: Tebiti Oisaboke

The DCJ Nancy Makokha Baraza seems to mentally incapacitated. Why is she trying to issue temporary orders to stop the tribunal appointed by president Mwai Wa-kabaki to investigate her official conduct? She is a very well educated or is it learned judge to have know what is the best way forward for her in the past 25 days. She can’t waste public resources and time trying to buy extra time for her to make a wise decision. Where has she been and what has she been doing? This is some kind of a tradition all the time the big fish is taken to court, they try to block the case from taking off the ground so that the matter may die a natural death or go away. many Gurus have been using this window as a get away route and I am satisfied with the High Court’s ruling of declining the request. If we keep doing this kind of shit, we will never get anywhere.

Ms Baraza is a confused lady. If she was wise enough, she could have resigned three weeks ago and collect her lump sum pay for ten years; instead of dreaming that if she settles her legal issues, she will resume duty and become a CJ in three year’s time when Dr. Mutinga retires at the age of 70. Her contract states that she can collect a lump sum amount of money for the remainder of her contract period if either party terminates the contract agreement. If she resigns now she gets the rest of the ten year period term but if the tribunal finds her guilty then she looses everything and probably joins her buddy Boki Kibagendi at Malindi GK correctional facility center. She has some thinking to do and it looks like her cortege of attorneys is not helping her much. They are failing her.

Good luck Mama Justice!!
TOI

– – – – – – – – – – –

The following article has been recommended:

Baraza’s court move suffers blow
[http://www.nation.co.ke/News/politics/Barazas+court+move+suffers+blow/-/1064/1314268/-/lwmbrsz/-/index.html]

– – – – – – – – – – –

From: Tebiti Oisaboke

Bro. Nganga;

I think I may agree with our Constitutional Affairs Minister Kilonzo who is quoted in tomorrow’s EA Standard newspaper saying that “We should not rush and hang President Kibaki so soon, it could be that Jr drafted the resignation letter himself and Kibaki never asked about the DPM position”. As for DCJ Baraza, she could be fighting a loosing war. She could have let it go and walk a way with a lump sum cheque. With the kind of money she rakes in every month, she could go into early retirement. I agree with you, things happen and there is nobody perfect in this world.

TOI

From: peter nganga

TOI

On this one, you are ssooo right, UK had better relinquished his DPM post as well. Infact I think all Mps should also stand suspended if something to do with their integrity is in question. For Amb. Muthaura, resigning seems a better option so he can retire peacefully, he is after all past the good age of doing so. I also agree with Reuben, other kenyans are highly qualified and these positions are not a reserve of Mt. Kenya regioners. It is not right to superiorise a community against all other 41 especially when we all watch. Kenya belongs to all communities and families.

For my dear sista, Nancy, TOI you are wrong she is not nuts. The public has condemned her unheard, in her words it was unfortunate. May be the bad move was to try and block the tribunal but otherwise, she is all human, a helpless woman as we speak. Publicly condemned, without a husband, her children may be asking questions and the public gaze. Working for the public will soon become a very risky affair, I remember my former teacher, the so called eloquent, anticorruption guru. One PLO, Kenyans did not spare him either, a small human mistake, and just like that gone.

Its true that these positions demand an above reproach and claen character devoid of any drama. But arent we all human. If I was Kibaki I would have appointed an all woman tribunal to investigate the DCJ, and if I was a judge, ad give her a second chance. Yes her mistake could be grave and legally she ‘may’ be wrong, but what happened to that person in you TOI that could forgive. Let he who is without sin cast the first stone.

All the best my friend and servant of God Reuben as u get down to serving the public. I think it will get crazier doing so as Kenya becomes more enlightened. Some countries in the world hold elections every so often and I read instability in governance and politics generally. This however refines service to the public as opposed to self. With time God help me, I will try a position – may be a judge, or senator but I gat to do some real soul search.

In all these, I believe God loveth His children of Kenya in a way so mighty and divine.

—-

KENYA: MEMBERS OF THE PUBLIC WANT VETTING OF ALL INVOLVED IN THE JUSTICE SYSTEM AND DEMAND THAT THE PROCESS BE CONDUCTED IN PUBLIC.

By Dickens Wasonga

Members of the public in Kisumu who met the board which will be vetting magistrates and judges as from next month want court clerks, lawyers , state councils and police prosecutors also captured in the process.

Speaking during a sensitization workshop organized by the board at a Kisumu hotel most participants mainly drawn from the civil society said the corruption that has deep roots in the judiciary can only be tamed by vetting all those who are involved in the delivery of justice and should not therefore target the magistrates and judges alone.

Helga Kagumba , a human rights group crusader while addressing the board which was led by the vice chairman Mrs Roselyne Odede said cases are common where court clerks demand bribes while purporting that they are acting on behalf on magistrates or certain judges and any process that leaves them behind will not clean the judiciary as it should be.

She added that on many occasions cases are delayed unnecessarily or are dismissed by the judges or magistrates because the police prosecutors failed to call witnesses to testify in court after being compromised.

Majority of the participants who also included representatives from the LSK asked the board to consider carrying out the vetting process in public if the exercise expects to win public confidence.

There has been huge concerns from members of the public about the process with many people criticizing the idea of holding it in private saying doing so will be like hiding from the public scrutiny.

” Article 10 of the constitution is clear about the public participation on this process which is critical but the Act which created the board denies the public this chance and we doubt whether the board will achieve it desire to restore public confidence in the judiciary if they conduct its sessions in camera” said Kagumba.

However the vice chairman herself appeared to agree with the calls for the process to be done in public forums. She said even her team have been lobbying for the public participation where even the media is allowed to cover the proceedings live in order to give it more credibility in the eyes of the public.

” we are also of the idea as suggested by most people that we do not hold the vettings in a closed door type. We are concerned that if we do so, most Kenyans might think we have something to hide but we will be fair and give the country a credible team at the end of our mandate which is one year.” said Mrs. Odede.

Odede said in most of the places they have been to in the country since September last year when the board was established , most people have been raising the issue about the delay of cases , magistrates over staying in one station even for up to 7 years, prosecutors and state councils being accused of being involved in graft among other concerns that they would want to see addressed.’.

” We will do our best. We are an independent team and we have lobbied to have the process conducted in public and still believe there is room for that to happen. All it will require is for the AG to do miscellaneous amendments and the cabinet to approve it and it does not need parliament’s participation” said Odede.

The vice chairman also assured the magistrates and judges of a fair and just process devoid of witch hunting adding that the rule of natural justice will prevail and asked them not to panic.

Judges and Magistrates who will be adversely mentioned by any member of the public will be accorded the chance to cross examine them, she added.

There has been claims amongst those who are set to be vetted that the process may be hijacked by those who have a bone to pick with some members of the judiciary as away to to get them out. This has spread fear amongst the sitting magistrates and judges e\who may be victimised or wrongly accused but the team allayed fears of such.

” Unlike the Ringera team, we will not target anyone for whatever reason but if we get enough evidence about allegations made against you by members of the public upon investigations, then you will go and our rulings will be final” Said Odede.

Kenyans largely lost faith in the judicial system when it became apparent that corruption had become away of life amongst those charged with the role of dispensing justice and it became open secret that justice was for the highest bidder.

Cases of missing files where court clerks would hide court files especially on cases they had interest on became common. Other cases would pend for years on end with suspects remaining in remand for long just because those who are in the wheels of securing justice are corrupt.

Things turned so bad that even when the 2007 general election results were disputed, opposition leaders defied calls by their colleagues in government to file a petition in court.

Determined to restore confidence in the country’s judiciary, an ACT of parliament established the vetting board to help weed out those who were giving this important arm of government a bad name after a compromise was reached not to fire all members of the judiciary as earlier envisaged by many.

Currently the team is going round the country in a bid to meet the people and sensitize them about the mandate of the board.

According to the vice chairman, the team would also like the public to avail information that about any sitting magistrate or judge who may have been involved in miscarriage of justice.

Such information will be treated as confidential and those giving it would not be identified. However of identified the witnesses are assured of protection by the board. The witnesses are also asked to give only credible information.

Whatever information availed on corruption or any misconduct will be verified by the team before passing any verdict against those who have been accused.

Odede however suggested that while the process of vetting which will begin with the court of appeal judges, then to high court and later magistrates will be underway, LSK should also ensure they establish mechanism to get rid of its corrupt members amongst its ranks.

” While we will deal with the judges and magistrates, we have cases where some LSK members stand in the way of securing justice to victims. Cases where some lawyers are accused of running away with clients money are not unique and should be addressed as well.They too need to style up.” She added.

ENDS.

KENYA: WHY KIBAKI WAS MISLED TO CREATE PANEL OF LEGAL EXPERTS

From: ouko joachim omolo
Colleagues Home & Abroad Regional News

BY FR JOACHIM OMOLO OUKO, AJ
NAIROBI-KENYA
THURSDAY, JANUARY 26, 2012

There are several reasons why President Kibaki was misled by his PNU loyalists to create a panel of legal experts to tackle the ruling by the International Criminal Court (ICC) instead of forwarding the matter to Cabinet sub-committee on the National Accord, which is tasked with the job.

One reason being that the seven-member sub-committee is chaired by Prof George Saitoti and Foreign Affairs minister Moses Wetang’ula who have already declared their interest to vie for presidency. Kibaki could also not trust Justice Minister, who has already spoken his mind that Uhuru Kenyatta and William Ruto cannot vie for presidency because their cases have been confirmed by the ICC.

Other members in the committee Kibaki cannot trust include Mr James Orengo, Mr Otieno Kajwang’ and Mr Amason Jeffa Kingi who definitely cannot support Uhuru’s bid for presidency or Ruto because Raila Odinga is also on the race.

He is now left with a ten member-team appointed by Attorney General Githu Muigai he can trust. They include Mr Geoffrey Nice, a Queen’s Counsel of London, Mr Rodney Dixon a Barrister of London, and Senior Counsel Fred Ojiambo, Joe Okwach, Waweru Gatonye, International law experts Godfrey Musila, Betty Murungi, Lucy Kambuni, Grace Wakio and Henry Mutai.

The team will decide the fate of Finance Minister Uhuru Kenyatta and Head of Civil Service Francis Muthaura after their appeal on the ruling by the International Criminal Court confirming charges against them.

The second reason is based on the revelation by The Hague judges that President Kibaki had a meeting with Mungiki members at State House alongside Francis Muthaura and Deputy Prime Minister Uhuru Kenyatta, whose charges were also confirmed with Mungiki. The judges used the two meetings to anchor the charges against Uhuru and Muthaura.

The references to the meetings, which may cast aspersions on the President’s impartiality when it comes to making hard decisions on Uhuru and Muthaura, were also made by the report on post-election violence compiled by a judicial commission presided over by Justice Phillip Waki.

Although the meeting of November 26, 2007 according to Kibaki was a meeting with youths who were supporting his campaigns, even if Uhuru did not attend as the President claim, the fact that Mr Muthaura attended the meeting is enough reason to assert that allegations are so serious and it will always remain to haunt Kibaki and State House for good.

Kibaki while admitting that the meeting indeed did take place except Uhuru was not present, the big question is why could Muthaura be involved in a campaign meeting for Kibaki? And whose major policy issue affecting his youth campaigners that Muthaura had to attend?-Mr Muthaura is not allowed to participate in any political affairs because he is a civil servant.

So there is absolutely no way the allegations can be inimitable to Kibaki and contrary to everything he stands for. The bottom line here is not whether Kibaki is opposed to Mungiki as he claims- the issue at hand here is that Kibaki cannot escape this trap. Kibaki has no other alternative but to suspend Uhuru and Muthaura pending the outcome of the court.

This is in accordance to the promise Kibaki and Raila made to Kenyans in writing on December 16, 2008, that any public officer who is charged for offences related to the post election violence of 2007-8 which resulted in the killing of over 1,133 Kenyans and the forcible displacement of over 500,000 Kenyans would be immediately suspended from public office.

His move to defend Uhuru and Muthaura and refuse to suspend them from the public office then it would politically imply that if Uhuru becomes the president then Kibaki would be safe from the fact that when the State House will be preparing to start local trials for minor offenders in post-election violence, estimated at 5,000, with the Attorney General already asking the Chief Justice to set up a special court for international crimes committed in Kenya, the charges will easily be dismissed.

The Agreement signed by the two Principals of the Government of Kenya, President Mwai Kibaki and Prime Minister Raila Odinga explicitly stated in Article 4 that: “The Parties shall ensure that any person holding public office or any public servant charged with a criminal offence related to 2008 post-election violence shall be suspended from duty until the matter is fully adjudicated upon. The parties shall ensure that any person convicted of a post-election violence offence is barred from holding any public office or contesting any electoral position.”

Mr Muthaura was alleged to have used his influence in government to direct Maj General (Rtd) Ali, then the police commissioner, to pave way for Mungiki youths to carry out attacks in Naivasha and Nakuru. He was also accused of obtaining police uniforms and military trucks to ferry the youths to Naivasha and Nakuru. Muthaura is the President’s permanent secretary and confidant.

Uhuru Kenyatta faces charges of developing a plan to take revenge for Kikuyus and keep Kibaki in power. He was allegedly the focal point between the government and the Kikuyu Mungiki sect, which was sent to the Rift Valley, set up road blocks and went house-to-house killing some 150 suspected of ODM supporters.

Majority of Kenyans are opposed to the ICC case referred to Kenya because this could be manipulated by those with vested interest, and the judiciary could not be relied on to deliver justice, especially in an electoral dispute. Mostly powerful individuals would use it to avoid accountability just as it used to be part and parcel of the colonial state, which used violence to ensure control of power.

After independence, President Jomo Kenyatta used it to maintain power, with the use of violence mainly concentrated in the hands of the State, rather than outside of it. Opposition parties were subjected to political harassment and those individuals who refused to support the status quo experienced various types of repression and even detention without trial.

This was and still impunity of high class where the president uses his power to refuse to punish those who disobey the law. When people break the law and not punished they tend to repeat their crimes because they believe they will never be punished-when many people from the habit of breaking the law and nothing is done to hold the accountable, this encourages the culture of impunity. This is not we want in Kenya.

The new constitution cannot work yet because there is no political will for institutional reform-that is why the judiciary and police and government departments do not function properly, resulting in poor service, and wastage of public funds, human rights violations, corruption, among other vices.

That is also why the National Accord has failed to work. In its four agenda, the accord requires that there should be immediate action to stop violence and restore fundamental rights and liberties. Immediate measures to address the humanitarian crisis and promote reconciliation and healing, how to overcome the political crisis and long term issues and solutions.

The National Accord noted that the post-election violence was not just about the dispute, results of the elections, but deeper underlying the root causes which were seen to be unemployment, poverty, unequal distribution of resources, perception of historical injustices and exclusion.

Agenda four was meant to outline solutions to these root causes-these solutions include undertaking constitutional, legal and institutional reform, tackling poverty and inequity, as well as combating regional development imbalances, tackling unemployment, particularly among the youth, consolidating national cohesion and unity, undertaking land reforms, addressing transparency, accountability and impunity.

According to political experts these have failed to work because there is no transitional justice in Kenya as yet. This is because government which was responsible for human rights violations has not changed. It has not recognized the fact that all Kenyans are equal and entitled to certain rights and freedoms. It is the government where people are not made to meet the consequences of failure to obey established rules or laws.

Yet still, some communities in Kenya feel that land distribution and settlement policies have unfairly affected their ancestral land-some feel that a new redistribution policy was necessary at independence to take care of those who lost their land during colonial rule.

It is also why the government is reluctant to deal with historical injustices in terms of unfair distribution of national resources and opportunities and see allocation as having favoured some regions.

In some parts of the country there are some who feel they have been habitually discriminated against to the point of being treated like second class citizens with fewer rights than other Kenyans accepting this as normal.

It further explains why crimes against humanity are serious and systematic coordinated offences which continue to cause harm and loss of human dignity, cause humiliation or shame to one or more human beings.

This is the summery of the accord timeline:

28 February 2008- The National Accord and Reconciliation Act is signed establishing a coalition government with Kibaki as president and Odinga as prime minister. It also established the Commission of Inquiry into Post-Election Violence (CIPEV).

15 October 2008- CIPEV submits its report and recommendations to the government of Kenya; recommendations include the establishment of a special tribunal of national and international judges to investigate and prosecute perpetrators of the post-election violence. The report also states that if the tribunal is not set up within six months, information collected by the commission will be passed to the ICC, including a sealed envelope of names of those suspected to be most responsible for the violence.

16 December 2008- An agreement for the implementation of the CIPEV recommendations is signed by the president and prime minister.

27 January 2009-The CIPEV report is adopted by the National assembly (parliament).

12 February 2009- The Kenyan parliament votes against the establishment of the proposed tribunal to address the post-election violence.

3 July 2009- Three cabinet ministers sign an agreement with the ICC committing Kenya to establish a credible and independent tribunal to try perpetrators of post- election violence by August. The Kenyan delegation agrees to provide the prosecutor a report on the status of investigations and prosecutions arising out of the post-election violence, as well as information on victim/witness protection mechanisms, by the end of September 2009.

It also agrees to provide the prosecutor with information on modalities for conducting national investigations and prosecutions of those responsible for the 2007 violence through a special tribunal or other judicial mechanism adopted by the parliament with clear benchmarks over the next twelve months; in the alternative, if there is no parliamentary agreement, and in accordance with the commitment to end impunity of those most responsible for the most serious crimes, the government is to refer the situation to the prosecutor in accordance with Article 14 of the Rome Statute.

9 July 2009- The prosecutor is sent six boxes containing documents and supporting materials compiled by the Waki Commission during its investigations. The document includes a sealed envelope that contains a list of suspects identified by the Commission as those most responsible for the violence.

30 July 2009- A bill to use the ordinary criminal courts and enhance the mandate of the

Truth, Justice and Reconciliation Commission to investigate and prosecute post-election violence, introduced by the justice minister, is rejected by the cabinet. A third attempt also fails when a private member’s bill, again to establish a local judicial mechanism, is unable to proceed because of a persistent lack of a quorum in parliament. The rejection by parliament of the bills to establish a special tribunal are accompanied by the slogan “don’t bevague, go to The Hague”.

9 November 2009- Parliament starts debating another constitutional amendment to form a special Kenyan tribunal. That debate has never concluded.

26 November 2009- ICC Prosecutor Moreno-Ocampo files a request seeking authorisation from Pre- Trial Chamber II to open an investigation in relation to the crimes allegedly committed during the 2007-2008 post-election violence in Kenya.

31 March 2010- The three-member Pre-Trial Chamber II issues a majority decision that there is a reasonable basis to proceed with an investigation into the situation in Kenya in relation to crimes against humanity within the jurisdiction of the Court committed between 1 June 2005 and 26 November 2009.

15 December 2010- The ICC Prosecutor requests the issuance of “summonses to appear” for six individuals alleged to be responsible for the commission of crimes against humanity in the Kenya investigation: William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang (case one) and Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohamed Hussein Ali (case two).

8 March 2011- Pre-Trial Chamber II issues the “summonses to appear” for the six individuals, as it finds reasonable grounds to believe that they committed the crimes alleged by the Prosecutor.

31 March 2011-The Kibaki government files an application challenging the ICC’s jurisdiction over the cases.

7 April 2011- The first three suspects (Ruto, Kosgey and Sang) make their initial appearance before the Court in The Hague.

8 April 2011- The second group of three suspects (Muthaura, Kenyatta and Ali) make their initial appearance.

1 September 2011-The hearing to confirm or reject the charges begins for the first three suspects (Ruto, Kosgey and Sang).

21 September 2011-The hearing to confirm or reject the charges begins for the second three suspects (Muthaura, Kenyatta and Ali).

23 January 2012- Charges against Henry Kosgei and Ali are dropped-shortly thereafter Kibaki directs AG to create a committee of experts to look into the decision of the ICC and advice his government accordingly.

People for Peace in Africa (PPA)
P O Box 14877
Nairobi
00800, Westlands
Kenya

Tel +254-7350-14559/+254-722-623-578
E-mail- ppa@africaonline.co.ke
omolo.ouko@gmail.com
Website: www.peopleforpeaceafrica.org

World: Threats in the Facebook must not be Tolerated

From: Judy Miriga

Folks,

There are threats going on in the Facebook and one such is here under.

These threats must stop and people must use all means to standup for justice.

Let no one be fooled. We are not going to let our lives go for slaughter houses…….however you look at it, the unscrupulous Corporate Special Interest cartels are after extinguishing and exterminating all of us for their greed and selfishness after Public Wealth and are set to kill Public Interest by all means…….

People of the world must stand against this inhuman, brutal, barbaric, monster type of intimidation…….let us all stand and speak in one voice as people of the world……that, this must stop and stop now…….

There is no Peace, Love or Unity in this kind of attitudinal greediness….

We must see God in each of our lives and stand together to protect the same…….Truth and Goodness is Godly and let us uphold that for the sake of Peace in Shared Sacrifice and United in Love…….

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

– – – – – – – – – – –

o Brian Aduda Onyango

Today I am appalled and amazed to inform my friends that there those who believe in intimidating others. Someone warned me politely not to comment on the current mess created by the Kibaki administration. Under Kibaki Kenya almost became a failed state,ICC came in to help the weak but to my disbelief,elements of doom still exist, that some secret police or agents will crack down on those who seek justice through comments in Facebook,or Social Media on ICC, can you believe this primitiveness? I told off this agent of doom that he will not cow him,not this time, not anymore, I will continue to update my wall with facts, truth and without fear so help me GOD!

Brian Aduda Onyango
Guilty or not guilty once on trial the two can not perform their duties as civil servants. Kibaki’s lame legacy in stumbles yet again to the dismay of the good people of Kenya. Surely he can even pretend to have sacked but call them at night to console them with love and hope. This lackluster and mediocre demeanor created a vacuum which was filled with mayhem and anarchy 2007. One particular mainstream media house appear ready to spin the current mess by justifying the president’s positon. This does not look good friends…….

Lillian Tichi Kebaya ?@Sydney Kiplagat-your comment is so wrong…and I know you know that.Shame.

12 hours ago ·

Juliah W Thandi Hully coz its very clear ur doing ths coz of him. I know u want uhuru 2 resign maybe he wil resign or not but where is our patience?

12 hours ago ·

Hully Okwanyo Juliah been patient since 2007…

12 hours ago ·

Juliah W Thandi N its kaming again soon coz yenu ni pang’ang’a tupu

12 hours ago ·

George Mbewa

?…@Brian, dont be cowed by these heifers for saying the truth… but be safe, they can do anything… Impunity still hangs on@ What’s up Juliah, your updates have been all about whining in the recent past… @Sydney Kiplagat, dont talk ab…out Nyayo chambers, you dont know how that memory hurts some of us whose parents and relatives were unconstitutionally tortured in their. And I’m sure you dont have the details of what happened in the chambers other than what you hear people say… But if you mean to hurt then go aheadSee More

12 hours ago ·

Sylvester Mboya Brian, did someone mention to the agent that you are a trained combatant in the air, on land and the (deep )seas? Hehe hehe They may perpetrate this impunity for a little longer but surely soon, they will be out. That’s when they will get the punishment they deserve.

12 hours ago ·

Di Ana ?@Julia n Sydney~~hey..we r in the 21st century.or d’u need yo noses to be pînçhed 2 remind you.eeish!shame indeed.

12 hours ago ·

Juliah W Thandi So what wakikuyu husema u cant go 2 pay dowry with ihii yaani kipii the uncircumcisd one n its applyng very well hia so take yo men 2 the river first n then kam n face the real men nkt!

12 hours ago ·

Chris Ndaxi Nzyoka hakuna kurudi nyuma tena!

12 hours ago ·

Di Ana Juliah~~çircumcisîon z no longer 4 particular cultures.if u knw wht i mean.and hw does it apply here anyway?we need mature talk.

12 hours ago ·

Jimmie M Musyimi Wow…

11 hours ago ·

David Letting Kiprono How else do we make them behave?

11 hours ago ·

Henry Opany Truth will prevail upon the evil.

11 hours ago ·

Thomas Nyalik

Juliah, It sis true that when the scatter brains are faced with issue that require brains they resort to petty insults, it is also true that if you had the chance to look at Brian’s manhood you will find that he is not uncircumcised and tha…t it is quite in the leagues of that are better than any you have ever had the chance to hold. We are talking about the people who try to stifle free speech and here you go with your cow dung. 90% of the people that you think are kihii’s are actually not.See More

11 hours ago ·

Thomas Nyalik Is it not my prerogative to be a Raila puppet, yes it is and so I am as far as politics go and I make no excuses for this.

11 hours ago ·

Emma Ochieng Juliah grow up n be sensitive with wat comes out of yua mouth ts like yua becoming personal which should not be the case.plse stay on the topic that Brian raised on his wall.

11 hours ago ·

Hully Okwanyo Juliah why couldn’t uhuru show his circumcised dick to eketrina and earn his freedom?? Or even ruto. This is so immature

11 hours ago ·

Rira O. Jay Ata hana haya,shame…

11 hours ago ·

Charles Ragot well oiled #!@&*machinery Working Out

11 hours ago ·

Abby Achieng Juliah u sound sooo immature grow up gal,dont be primitive, circumcision and politics are two different things , u soo bitter with uself i wonder why chunga usipate ulcers ati coz of RAO phobia.

11 hours ago ·

Joy Ayieko Johnson I always say cowards will die a 1000 times before their real deal. Let us speak the truth with boldness.

11 hours ago ·

Charles Ragot Patience please …… Lamentations5:7 our fathers sinned and no more and we bear their punishment.

11 hours ago ·

Sidney Kiplagat Sidney i will always be a kale even when it is 21st century……..i will never be a luo….nothing will change that fact so two impunities cannot make a right.

10 hours ago ·

Abiuth N Maronga

It is so disappointing that pple who look reasonable and educated can reduce themselves to petty thinkers by demeanor of other tribe by thinking they come from better tribes than others ! @juliah when innocent pple die, their graves cry for… justice! It is you and me who can speak for them. Its not a business of being raila or luo, its being a Kenya patriotic citizen. Pls for your respect you need to apologize to our brother brian!See More

10 hours ago ·

Odhiambo Odote Julia sanitize ua thanding mouth please,then use ua head properly and if you cant u can either be a ngoroko or a female mungiki if you want.I dont thikn you got anything to be disired in a woman.Simply shut up.

10 hours ago ·

Sidney Kiplagat Sidney

Odhiambo remove the log in ur eye first then….you will be able to help ur brother/sister…… Luos in Eld when into singing and jubilation when Rutos case was confirmed and not Kosgei….do yu think we are pleased for this scence…………..we can keep yu guyz in political oblivion forever using the so call new constitution. We wanted to bring to power Hon. PM…..alias God of the lake…but all we got out of it is scorn and Hague…….get it right our voting company will stop you forever.See More

10 hours ago ·

Emma Ochieng Don personolise ua issues on a mature mans wall.put up ua stupid arguments on yua own wall and let the stupid ones like yu comment.tribalism should be a thing of the past but it seems some of yu are still sinking in it.shame on yu

10 hours ago ·

Ruth Oloo

?Brian Aduda Onyango, i think its about time you block the likes of the juliaz and sidnyz, first of all the Luo dicks you complain about year in year out you are forever ON THEM AND THEM IN YOU! it means the services you get are MUCH better… and cant settle with one of your kind, secondly only fools can glorify nyayo chambers, my brother was just a university chap back in the 80s and his life has never been the same, UDWARO ADIKA NYAMIN ANEGA (Tafakari hayo) last and not the least why do i get the feeling you are the people behind the ‘AGENT’,dont send requests kuchimba watu, Brian WATCH OUT ! if you have nothing to say SHUT THE FUCK UP!See More

10 hours ago ·

Evans Machera This is the problem of living in denial and covering up,we called for the Hague process,lets go on.

10 hours ago ·

Odhiambo Odote

Dont think you need to ethnisiz the hague matters.Thats Eldoret and i do not see where a proper thinking kenya will begin calling others ‘your bro,sister luos,’.My sisters and brothers are kenyans not Luos alone,luos are just a small part o…f a big nation,Kenya.Stop bringing ua tribal panties into public,they look so ugly,am sure u need no mursik.You need the lashing of our sovereign constitution which you are violating.See More

10 hours ago ·

Kiprop Kiprotich This secret agent is known as NCIC. It is a permutation of ICC and Kenya’s CIC. NCIC is headed by a Patriot (Mzalendo). For how long will we continue to operate in fear?

10 hours ago ·

Millicent Okeyo Shame on you all those who think they re not Kenyans but belong to different tribes.SHAME ON YOU!

9 hours ago ·

Daniel Kip

?@sydney. I keep wondering what arguments you sphewing over here. I bet you keep it to yourself and wait for election later this year and cast out your anger on RAO and the Luos as you say. You will not vote him out alone as Kalenjin. Othe…r communities have totally different view of RAO and note that the village thinking that mojority of our Kalenjin people will not take us anywhere. Come out of the called WSR psycophancy syndrom. I am sorry am not anywhere close to that thinking.See More

9 hours ago ·

Lillian Tichi Kebaya ?@Daniel Kiplagat-God bless your soul,couldn’t have said it better:):)

8 hours ago ·

Nyangon Peter Hey i thought after 2007 kenyans grew up.what the heck is going on in kenya.men this is very petty,hope u people grow up or else at this rate u gona fight again

7 hours ago ·

Jacqueline Mamake Rays haiya!

7 hours ago ·

Abby Achieng Ruth oloo omg you made my day am hungry hahahahahaa uwiii ati the Luo dicks they complain about year in year out they are forever ON THEM AND THEM IN YOU! it means the services they get are MUCH better… and cant settle with one of y their kind, HAHAHAHAHAHA OOOH NIMECHEKA YANGU YOTE they better leave our luo men alone if that the case.

7 hours ago ·

Edward Odanga Let me like this, agents am reacheable. IDP’s ni wetu and we pretend hatujui kama they exist. Spending chunks of cash to http://www.standardmedia.co.ke/InsidePage.php?id=2000050736&cid=4&

6 hours ago ·

Douglas Joseph Adera Brian,the truth will out ,its just a matter of time,i love history comes back to haunt you,as kina kiplagat of TJRC

6 hours ago ·

Thomas Nyalik

Sidney- I like the fact that you can put in your two cents without ridicule and the fact that you own the m even if they might be skewed in the eyes of many in here. So let me also give you my two cents; two wrongs have never made a right t…hat is why human beings through a lot of pain, patience and time have tried through civilization to have a justice system. So, I implore the sane and rational part of you to see this as mans pursuit for justice, and just that, for both the suspects and the culprits. As far as the ones who celebrated, my two cents is they may have had reasons to celebrate however skewed that was and just like you have the exulted right to do so I think that they also do. As far as votes go, I have already stated that I am RAO supporter and will not make excuses for this and I will and is with you on the fact that you “will” find the reason to give your support if sober mindedness will prevail. I will, however, say this, I have very valid reasons for lending my support to my preferred candidate. Kosgey is also a Kale, the last time I cheked.See More

4 hours ago ·

Washington Ogaga

You guys should hold your horses about this Juliah woman,we screw these mumbi girls alot and they love kihii.Now we must encourage Brian to highlight these important issues affecting our banana republic.Brian im with you on the same platfor…m we’ve come from far and day s of impunity are about to end with the big hammer.Lets preach peace, saw seeds of love in the house of mumbi to help them out and use the power of our votes to speak.See More

4 hours ago · LikeUnlike ·

Brian Aduda Onyango Prophets of doom got it all wrong. My spine is tough like Iron steel, I confronted this agent of doom and it appears this lone agent scare tactics fell flat, he actually apologized. I will not be cowed friends,no no not me.

3 hours ago · LikeUnlike ·

Qiana Nelly Ondiaka

?@ Sidney Kiplagat Sidney: FYI, Moi is retired, Nyayo Chambers is a historical monument & Kenyans are the most politically free to say anything in Africa.If by any chance you are still fossilised in that era, wake up & smell the coffee coz …it is 2012.What did i want to say?Oh, can someone give a reference book or medical journal where it biologically states that the presecence of a foreskin on a grown man’s pendulum incapacitates his mental capacity to think, lead and work.Who are the authors?Some loosers are actually ‘cut’. Am waiting, i need to catch up. FREE KENYA!See More

2 hours ago · LikeUnlike ·

Samuel Otieno Be as strong as always brother n let no one cow u

2 hours ago ·

Phestus Mangicho Let us not be emotional great ladies and honorable gentlemen, we lost the old and young ones at kiamba,some didn’t even know that they were kikuyus but they had to die for the offence of being born of kikuyu parents.

about an hour ago · LikeUnlike ·

Phestus Mangicho

Let us not be emotional great ladies and honorable gentlemen, we lost the old and the young at kiambaa, some were too young to know their tribe leave alone to vote, why because they were brought to this world by kikuyu parents, if Ruto was …involved in this he needs to be in jail yesterday. People were burnt alive in Naivasha and if Kibaki Uhuru and Mudhaura organised this then Uhuru and Mudhaura need to be with Ruto and then Kibaki to follow them next year. Its quite unfortunate that some are tribalising these realities while actually some pple are still in the IDP camps. I cry for my country Kenya if we shall continue to reason and expose to the world that we only boxes full of mursik between our ears like @ sydney kiplagat.See More

about an hour ago · LikeUnlike ·

Judy Miriga Aduda, thanks for standing for the truth and justice. The Truth shall set us free indeed……We will keep vigil in Prayer…….God is in control……Cheers !

about an hour ago · LikeUnlike

Antony Odera Your comments are always spot on Byro,continue with the fight man

about an hour ago ·

Asu Mwasi Very soon impunity wil end,in the name of jesus christ.

13 minutes ago ·

Lucy Kamau Everybody for themselves. The lone wolf, thinking only about his survival & his stomach. Is he more qualified in Law matters than all the heads of our learned friends put together?. He cannot believe that his milking cow is old & weak & he can no longer continue milking. Add Moi’s 24 years to Kibaki’s 10 = Total years 34 very good years of milk & honey is about to come to an end & its too much for him to accept. He would rather dye fighting.

21 minutes ago · LikeUnlike

Uganda: Federalism can’t solve all our problems

By Dr Kizza Besigye

Forwarded By Leo Odera Omolo

23rd January 2012: There have been persistent and prolific publications and utterances on Federalism by some leaders of Uganda Federal Alliance that are quite misleading.

On the outset, I would like to state that I, personally, and the FDC that I lead, strongly support the adoption of a Federal system for Uganda. This support is based on objective considerations. It is, among others, based on the following reasons:

– The history of state formation in Uganda; where many autonomously functioning political entities (generally ethnically based) of varying levels of sophistication were forcefully merged into one country by colonialism. The merged political entities had widely varying aspirations and cultures that were merely repressed rather than integrated. This has continued to be a fundamental basis for social-political disharmony and turmoil in the country. Ethnicity has been the base of dictatorships that exploit and marginalize others. Federalism would promote harmony and unity without uniformity.

– Federalism can mitigate the tyranny due to concentration of power and resources in a central government.

– It offers States (Regional) governments the freedom to espouse different development policies; allowing a comparison of the outcomes.

– States/ Regions are more viable planning and implementing units than present Districts. Present districts would remain as lower State administrations.

– Areas that are not desirous or able to form State/ Regional governments can continue to be federally (centrally) administered, as in the Federally Administered Tribal Areas of Pakistan.

In a New Vision article of 12th January 2012, Hon. Betty Kamya asserted that MPs and all others focusing on fight against corruption, abuse of Human Rights, or electoral malpractices are only dealing with the consequences rather than causes of autocratic rule. She asserted that the real cause is having concentration of power in the President; who is the Head of State, Head of Government, and Commander-in-Chief of the Armed Forces; who controls the budget processes, and has power to appoint most people in government.

It has been similarly asserted that the humiliating poverty, decay of social services and infrastructure etc. are a result of the centralized system of government introduced by British colonialism. It is asserted that the remedy to these problems is to treat the cause by changing the system of government to federalism. This is the rationale behind the petition being made to the Electoral Commission for a referendum on change of political system (I intend to comment on this separately soon).

Whereas it’s appropriate to have federalism in Uganda for reasons given earlier, it’s wrong to suggest that federalism is a panacea for poverty eradication or democratic and good governance. It may be recalled, indeed, that the Federal arrangement of 1962 was not able to immunize our country against the turmoil that engulfed us a few years after independence.

Presently, there are six African countries with a federal system of government, namely: Nigeria, Ethiopia, Sudan, South Sudan, The Comoros and Somalia. Nigeria was colonized in 1861, and a Federal system was introduced in 1947 by the colonial administration. It became independent in 1960 and continued as a federation till now. From independence up to now, Nigeria is politically turbulent and corruption is systemic and entrenched.

Despite Nigeria’s plentiful agricultural resources and oil wealth, poverty is widespread in the country and has increased since the late 1990s. Over 70 per cent of Nigerians are now classified as poor, and 35 per cent of them live in absolute poverty. This picture is the same with the other African Federal governments; where wars, Human Rights abuses, corruption are rampant. It’s worth noting that Ethiopia was never colonized.

Uganda is presently ranked 96th according to the Democracy Index (2011) out of the 167 countries surveyed. The African Federal governments are ranked as follows: Nigeria 119th, Ethiopia 121st, The Comoros 126th, and Sudan 153rd. Somalia was not surveyed. Other Federal governments outside Africa include Venezuela 97th, Pakistan 105th, Russia 117th, and United Arab Emirates 149th.

On the other hand, the countries at the top of the DI rankings are Norway, Iceland, Denmark, Sweden and New Zealand; all of which have unitary systems. They also happen to be among the top of World Human Development Index (2011); Norway again being in 1st position.

In order to attain a sustainably democratic and good government, which engenders human development, the following, among others, are critical:

– Informed citizen participation. This entails raising the consciousness and building the capacity and knowledge of citizens. To this end, all-round education (formal and informal) is the key. For example, citizens must have the right and ability to know how public revenues are collected and spent, and to participate in the decision-making.

– Freedom of expression and media.

– A strong legal framework and enforcement mechanisms (eg: independent investigative, prosecutorial and judicial functions).

– An independent and effective legislature and civil society.

– High official competence (capability) – a product of training.

– Fiscal (budgetary) transparency and accountability. This includes giving the public budgetary information in an understandable, accessible and timely basis; independent assurances of integrity; and clarity of roles and responsibilities in whole budgetary cycle.

– The political will and commitment of government leaders. To lead by example and abide by the laws. This is especially vital in the process of making the transition from corrupt authoritarian regimes to democratic and good governments.

It’s these measures and actions that underpin political and economic accountability. In turn, political and economic accountability is the bedrock of democratic and good governance.

Whereas concentration of power and resources in the central government of a Unitary System encourages tyranny, it is clear that where appropriate policies are pursued, this need not happen. On the other hand, if appropriate policies are not pursued, Federal System governments become as corrupt and authoritarian as those in a Unitary System.

Let us support the Federal System of government in Uganda for appropriate and true reasons. Federalism is not, in and of itself, a solution to all political problems

. END: .

Dr. Besigye is the Party President of opposition Forum for Democratic Change

KENYA: FIVE COUNCILLORS MOVE TO COURT TO BLOCK KISUMU MUNICIPAL COUNCIL FROM HIRING 90 NEW STAFF

By Our Reporter.

Now it is official. All is not well for the 90 new staff hired last year in December by the municipal council of Kisumu . Their fate now hangs in the balance after five councilors moved to court to block them from being absorbed.

Although most of the employees reported to work between 2nd and 5th of January this year and immediately deployed to various departments, the manner in which they were hired has been faulted by the 5 civic leaders who petitioned a Kisumu high court to quash the decision.

The five civic leaders include Cllr George Weda, immediate former mayor Cllr. Prisca Auma Misachi, Pamela Apondi Omino, James Odhiambo Oyolo and Elly Okach.

Through their lawyer Ken Omolo the councilors have asked the court to quash the decision to hire the 90 on the basis that the process of recruitment was not transparent and procedural.

In their civil application to the High court in Kisumu dated 17th January this year, the civic leaders sought, among others, court orders prohibiting the municipal council through the town clerk Christopher Rusana from enforcing the appointment letters given to the new employees dated 22.12.2011.

They also want the court to compel the town clerk to avail to the staff and establishment committee which is charged with recruitment of staff and to the full council meeting the names and the marks scored by all the successful applicants who were interviewed on the diverse dates between 17.6.2011 and 29.6.2011 for the various posts.

The controversy which is pitying two rival camps of councilors at the council which has now sucked in a section of chief officers began sometime in June 2010 when the local government minister Musalia Mudavadi authorized the municipal council to fill the 90 vacant positions in its establishment.

During a meeting of the finance , staff and general purposes committee meeting held on 22nd of July last year, it was resolved according to minutes no.13/FS& GPC/2010 that the serving employees be promoted and their vacant positions be filled by new employees.

The vacant positions were advertised in two leading local dailies on the 11th of February last year to enable qualified staff and other members of the public to apply for the same.

Interested candidates applied for various positions as per the advertisement and on the 14th of June 2011 the names of those who were successful were short listed.

The short listed candidates whose names also appeared in the dailies as an advertisement were invited for interviews at the town hall on various dates from the 17th of June to 29.

This is where the problem began according to the five councilors.

According to them, after the interview, list of names of the successful candidates should have been tabled before a special staff and establishment committee for purposes of approval and adoption and then forwarded to the full council meeting for final approval.

Then the approved and adopted list of the successful candidates should have been displayed for the public on the notice board for all to know the results then the letters of appointments issued to the applicants.

The 5 claimed that the procedure was not duly followed as required adding that some of the people who were considered and appointed for various positions were neither short listed for the said posts nor appeared for the interviews.

Others who were short listed got jobs which they were never interviewed for , they asserted.

” The list of the successful candidates and the marks scored was never brought before a special staff and establishment committee for purposes of approval and adoption and the same was never forwarded to the full council meeting for purposes of final approval” Said Cllr. Weda.

But a source from the council who was privy to details of the recruitment told this writer on condition of anonymity that the civic wing and a section of the senior officers at the council used the process allegedly to hire their friends and relatives who he claimed included their wives, sons and daughters.

The source who was well paced to know what was going on at the time because he was in the interview panel alleged that the councilors had agreed informally that each one of them was to get two slots but some sneaked in three people hence the bitter fall out.

We reliably learnt that the council was duly served with the court injunction which is seeking to quash the recruitment on Tuesday last week and the hearing of the case kicks off on 5th of March.

Kisumu municipal has close to 1000 staff currently and those it hired were mainly watchmen save for a few who were recruited as nurses, artisans, nursery school teachers and building inspectors.

Every year it budgets for ksh1.28b and had a wage bill of Ksh 42m. This year it targets to collect ksh.865 m from its revenue sources.

Only a few weeks ago the council was in the news after its unions able employees of about 100 downed their tools demanding to be paid ksh.39 m salary arrears.

But just after two days of a low key performance, the employees abandoned the strike under unclear circumstances with even the union officials who called for it remaining silent.

ENDS.

KENYA: THE CAMPAIGN FOR THE RACE FOR KISUMU COUNTY GOVERNOR HAS KICKED OUT IN EARNEST FOLLOWING THE LATEST ENTRY BY THE US BASED PROFESSOR

Reports Leo Odera Omolo In Kisumu

The race for the elective position of Kisumu County governor has kicked off in earnest with all the aspirants making intensive tour of the entire region and pitching camps in Kisumu City.

The campaign for this position which has attracted high profile aspirants including a University don has promised to be one of the toughest election battle ever witnessed in the region in recent past.

If the ugly head of clan politics is raised up, the political likely scenario is that the possibility of the election pitting clans against their neighbors can not be ruled out. Already there are more than two aspirants contesting the same position, but who hail from one clan.

The people of Kano Plains have already posted three aspirants for the same job. They are Dr Barack Abonyo, the former KRA tax official Jack Ranguma and a Nairobi based businessman Simon Ogendo, Peter Odhengo, all the four came from the Jo-Kano community, the largest in Kisumu County. Nobody has declared interest in this position from Seme and Kajulu Locations and, Muhoroni constituency another dominant sub-clan.

In a brief message to the electorate posted in his website Dr. Abonyo says, “Through compassionate leadership, our mission is to ensure that empower the people of Kisumu County by with well calculated and selected mechanism to enable them to live better life by reducing the scourge of abject poverty.”

Peter Ochieng’ Odoyo the former Nyakach MP who atone time was an Assistant Minister and Education respectively during the short lived KANU-LDP merger.

Reports emerging from Nyakach say Odoyo popularity has waned drastically ever since he was trounced from his parliamentary seat by the wealthy businessman-cum-politician Plyins Ochieng’ Daima in 2007. It will be an up-hill task for Odoyo to regain his lost popularity, and for this will have to struck good rapport with other leaders in Nyakach. But Nyakach, people, however, are well known for their traditional attitude of solidarity and unity of purpose could easily come together and vote for Odoyo as a bloc. This scenario could tilt the balance o voting strength taking into account tat the Kano people have more than three aspirants in the race.

The men and women whose campaign has already hit the ground included the Mumias Sugar Company Marketing and Sales Manager Peter Hongo who hails from Kogony sub-clan of the larger Jo-Kisumo. In the absence of any credible challenger from home backyard of Kisumo community Hongo seemed to be a better bait for the lucrative governor position. It will also depended how he gets along with the cosmopolitan residents of the vote rich Kisumu City and its environs, which included the populous Nyalenda, Kibute, Kondele, Obunga, Mosque, Okore, Railways quarters and Manyatta Arabs.

Other aspirant include the former top KRA head of internal taxation Jack Ranguma, who is an accountant by profession and who at one time was a joint receiver manager Githongo and Associates firm of Accountants at Muhoroni Sugar Company. He hail from Kano-Kobura sub-clan which is politically falling under Nyando constituency, while administratively is under Kisumu Town East district. Ranguma’s influence and strength could not be assessed immediately; because he lives in Nairobi most of them time and rarely come home.

Raila Odinga’s younger sister Ruth Adhiambo Odinga, who is the current managing director of the Otonglo based multibillion shillings Kisumu Molasses Plant, which is currently owned and managed by the Odinga’s family business flagship The Spectre International is also reported to be eyeing for the same governorship an idea which is not well received by the majority of resident of this County.

The common and popular gossips going on is that Ruth Odinga candidature would portray the Odingas as greedy family which is demanding for too much from the Luo voters. Some of the voters have been heard commenting that they cannot vote for Raila’s presidential ambition and at the same time vote for his sister to become the governor of Kisumu County. Moreover she is considered as an outsider in the County and a resident of Siaya County where the family lives.

The reasoning, of those who are vehemently opposed to Adhiambo’s candidature for Kisumu governorship, is that it would means that the Odinga have no slightest iota of respect for members of other communities and lacked the heart of reciprocation for what the Luo community has done to the family. “Why should they consider themselves to be so special people blessed with the power of marginalizing the Luo? Asked a local civic leader who requested for his anonymity.”

One local politician came out bold and remarked, “If Rail is a true nationalist and true reformist as he is, he should prevail upon his family member to stop thinking all Luos are fools and claiming leadership in every place. Already we have one of the Odingas as a Municipal Councilor representing Milimani Ward and that should be enough. “The rest should go back to their Bondo home and Siaya County and seek for political leadership there.” The resident of Kisumu County need a breathing space to exercise our democratic rights of electing our own political leaders and will not entertain any more of those leaders who are imposed on us.”

From the above comments, it is now clear that Ruth Odinga’s candidature in Kisumu County could impact negatively in Raila’s votes because of the dissenting views held by voters that the family is out to dominate the Luos by denying them their democratic and constitutional rights to leadership within their localities

The other aspirant or the same position is the youthful Nairobi based insurance executive Simon Ogendo who hails from Kolwa, within the larger Jo-Kano clan. He is the son of the former Kisumu Mayor Ogendo Von Ponge whose leadership quality is still yet to be known. Ogendo needs to do a lot of publicity and public relations work in order to sell his policy to the electorate in the whole of the Kisumu County. And so is Dr. Barack Abonyo who has posted the most colorful and elaborate message in his website; ww.barackabonyforgovernor.com

Ends

KENYA: ICC IS THE ONLY HOPE THAT CAN BRING JUSTICE TO ORDINARY CITIZENS

From: ouko joachim omolo
Colleagues Home & Abroad Regional News

BY FR JOACHIM OMOLO OUKO, AJ
NAIROBI-KENYA
TUESDAY, JANUARY 24, 2012

As International Criminal Court (ICC) Judge Ekaterina Trendafilova ruled that the deputy prime minister, Uhuru Kenyatta, the former education minister, William Ruto, Francis Muthaura, and Joshua arap Sang, a radio presenter are accused of crimes against humanity, including murder and persecution, the head of the Roman Catholic Church, Pope Benedict XVI ruled that the Bishop of Toowoomba, Bill Morris was dismissed.

In May last year Bishop Bill Morris, was involuntarily removed from his office by Pope Benedict XVI on the grounds of “defective pastoral leadership”. He had used in his diocese the Third Rite of Reconciliation, which offers participants general absolution but whose use had become limited following John Paul II’s 2002 apostolic letter, Misericordia Dei.

The Diocese of Toowoomba is vast; priests are few and ageing; there are 66,000 Catholics; 36 parishes are served by 28 active priests. In the circumstances, pastoral visitation and celebration of the sacraments are rare in many places. The bishop explained that in these conditions, some flexibility was needed if the sacraments were to be available.

Despite his dismissal, Bishop Morris affectionately regarded for his pastoral style, he was loved by his flocks. They regarded him as a true shepherd and indeed they are going to miss him greatly.

The allegation could be legally challenged if the Canon Law was in favour of the ordinary Christians. In Roman Catholic Church powers are vested on high church authorities whose decision are final and can never be challenged. This is the only different from the ICC and other civil laws. In other words, unlike ICC the ruling of the Pope is final and cannot be the subject of legal review.

Such decisions which can never be challenged can be compared to the vocal Islamist group whose leader has been appointed to represent an al-Qaida-linked Somali militia aimed at attacking Kenya for its decision to send troops to Somalia in October last year.

The leader, Ahmad Iman Ali who was elevation to become the supreme Amiir of Kenya for al Shabaab is a Kenyan who has been based in Somalia since 2009 and commands a force of 200 to 500 fighters, according to the July U.N. report.

The report said that “he now intends to conduct large-scale attacks in Kenya, and possibly elsewhere in East Africa.” He is fighting against the kuffar, an alternative spelling of kafir, an Arabic word meaning “unbeliever.”

Muslims at the Coast have always complained that they have been marginalized and therefore would like to have the Coastal Kenya be a country of its own separate from Kenya.

Ali warned in a statement rife with spelling errors: “The Muslim lands will once again rule with Shari’ah and your kufr democracy will be dumped in the seewage.” The Muslim Youth Center is the best-known of the Kenyan jihadi groups.

Since its troops entered Somalia, Kenya has suffered more than a dozen grenade attacks. Four explosive devices targeting police have been planted in a northern refugee camp housing Somalis, and gunmen have also shot residents in northern Kenya towns. Somali fighters also raided a Kenyan police camp earlier this month, killing six people and kidnapping at least four.

It could explain why despite the call by Pope Benedict XVI on Pakistan to repeal its blasphemy laws, which can carry a death sentence for insulting the Prophet Muhammad has not been listened to. The Pope wants the law repealed because it served as a pretext for acts of injustice and violence against religious minorities.

The Pope who was quoted by press as referring to Pakistani governor Salman Taseer, whose assassination recently was blamed on his support for changes to the blasphemy laws made his remarks during a New Year address to diplomats accredited to the Vatican. A bodyguard of Mr Taseer confessed in court to his killing.

On Wednesday just as the Pope had addressed the Diplomats, a reporter for the Voice of America, Mukarram Khan was shot repeatedly by the Pakistan Taliban in the northwest Pakistan as he prayed at Mosque. The Taliban have warned that American journalists would be targets in the future.

The killing underscored Pakistan’s reputation as the world’s most dangerous beat for reporters, and it raised fresh questions about the future of American-financed journalism in the region. Taliban consider their reporting propaganda against them.

In Egypt there is already fear that Muslim Brotherhood who won the majority of votes in recent general elections will enforce sharia law on non-Muslims. The brotherhood is known in history for assassinations.

On December 28, 1948 they were accused of assassinating Egypt’s prime. In 1952 they were accused of taking part in arson that destroyed some “750 buildings” in downtown Cairo — mainly night clubs, theatres, hotels, and restaurants frequented by British and other foreigners.

In 30 April 2011 when the group launched a new party called the Freedom and Justice Party, which reportedly planned to “contest up to half the seats” in the Egyptian parliamentary election in September 2011, the party “rejects the candidacy of women or Copts for Egypt’s presidency” but not for cabinet positions.

In Nigeria the Muslims are persecuting Christians because militant Islamist group Boko Haram wants the country to be ruled by a Muslim who will enforce sharia law. At least 15 people were killed on December 25 when a bomb exploded outside a church in Madala, a satellite town of the Nigerian capital, Abuja.

In Syria it risks plunging deeper into violence and even civil war because according to Muslim militias President Bashar al-Assad listens to nobody inside or outside the country. The group has called for change according to Lebanese Druze leader Walid Jumblatt.

The rise of Islamist political forces in North Africa following last year’s revolutions in Egypt, Libya and Tunisia has also raised concern in the Vatican over the future of Christian minorities in the region.

The world however waits to see whether in Ivory Coast the ICC will bring into justice when ex-president Laurent Gbagbo who on November 30, 2011 became the first former head of state to be transferred to the ICC will be convicted.

Gbagbo is facing four counts of crimes against humanity, including murder, rape and inhuman acts, over post-election violence from December 2010 to April 2011, which the UN said cost about 3,000 lives. Gbagbo had refused to concede defeat in November polls.

The same court also issued the warrant of arrest since June 27, 2011 to Seif al-Islam Kadhafi, the son of Libya’s slain despot Moamer Kadhafi. He was eventually arrested on November 19 and the ICC has given Libya extra time to mull whether he should be handed over to be tried for crimes against humanity committed during the rebellion which took place from February 15-October 23. Seif was arrested after the ICC announced it was formally dropping the case against his father after seeing his death certificate.

Others who are wanted by ICC include Sudanese President Omar al-Bashir for crimes against humanity and war crimes committed in the western region of Darfur, a war that since 2003 has claimed some 300,000 lives according to UN figures.

The ICC also at the end of its first trial in August, 2011 issued the warrant of arrest against former militia chief Thomas Lubanga, accused of war crimes for enrolling child soldiers in 2002-03. He is awaiting a verdict.

Others who are already before the court for an attack on a village in 2003 include Congolese militia leaders Germain Katanga and Mathieu Ngudjolo Chui, accused of crimes against humanity and war crimes.

Senior Rwandan rebel leader Callixte Mbarushimana, suspected of crimes against humanity and war crimes in the Kivu provinces in the eastern DRC, was released on parole in France in December, 2011 after the ICC dropped charges against him.

Former Congolese vice president Jean-Pierre Bemba has been in detention in The Hague since 2008, suspected of war crimes and crimes against humanity committed by his Movement for the Liberation of the Congo (MLC) rebels in the neighbouring Central African Republic between October 2002 and March 2003. Bemba’s troops supported CAR President Ange-Felix Patasse against a rebellion led by Francois Bozize, now the country’s president.

The ICC in 2005 issued arrest warrants against Joseph Kony and other top commanders of the notorious Lord’s Resistance Army (LRA) for crimes against humanity and war crimes including the enlisting of child soldiers and sexual slavery, committed between 2002 and 2004.

But even when Muslims are fighting to control Africa through sharia law, some violence in the continent is caused due to the increased cost of living, which has become a big test to African governments’ capacity to manage their own affairs.

In the recent past, tens of thousands of people across Burkina Faso have marched in protest against the high cost of living. Uganda has witnessed bloody skirmishes in a civil society-organized ‘walk to work’ protest.

Even Kenya is not left out. In a Synovate survey released in Kenya recently, majority of Kenyans identified the high cost of living as the main problem facing the country. In a system where the majority of citizens are excluded is why people take street protests for the ruling elites to discover that their system has flopped.

Uganda’s Walk to Work Campaign was launched on Apr. 11 by a group drawn from various opposition parties and calling itself Activists for Change. The violence led to eight deaths, including a two-year-old child, and at least 250 injured as security forces have used teargas, rubber bullets and live ammunition to turn protesters back on each day of action.

In Burkina Faso as IPS reports, members of the presidential guard caused chaos in Ouagadougou on Apr. 14, 2011, demonstrating for an increase in their housing allowances and a daily food subsidy.

They set fire to a building in the presidential compound, freed several comrades being held on rape charges, and targeted shop-owners in a rampage through the city, carrying off goods and destroying kiosks.

In Kenya, the outspoken opposition MP for Gichugu and presidential candidate, Martha Karua, says corruption and inefficiency by regulators were key parts of the crisis. Her call, for example on government “to clean up the National Oil Corporation, the Kenya Power and Lighting Company and the Energy Regulatory Commission to protect the common man from these surging prices” seems to be working but not yet to the full expectations.

Even though the official unemployment rate in Kenya is currently 40 percent, those with jobs are hardly better off. It explains why when Labour Minister John Munyes announced a 12.5 percent increase in the minimum wage at a May Day rally, raising the recommended minimum salary in Kenya’s major urban centres to roughly 90 dollars a month: workers did not even wait to hear the end of his brief address.

People for Peace in Africa (PPA)
P O Box 14877
Nairobi
00800, Westlands
Kenya

Tel +254-7350-14559/+254-722-623-578
E-mail- ppa@africaonline.co.ke
omolo.ouko@gmail.com
Website: www.peopleforpeaceafrica.org

KENYA: WHY UHURU AND MUTHAURA MUST RESIGN

From: barack abonyo

Respect for the law is measure of civility in a nation. In Kenya many have shown uncivility by ignoring the laws of the land not knowing that the same impunity can be applied by every citizen especially if the custodian or the lawmakers are not obeying the same law they make.It is time for Uhuru and Muthaura to be civil. They have a responsibility to serve as goo…d examples in this new dispensation where every Kenyan is required to be law abiding.
Even though the ICC decision does not prove they are guilty of any offence yet, the rulling make it impossible for for them to carry out the duty of our nation devoid of suspiscion. A suspect in such a high level position is a dangerous suspect especially if that suspecvt may have the capacity to paralyze the country’s function. In my view it is important that the prime minister and the president realize that these guys are not accused of a misdeamenor. They are accused of killing people and maitaining them in power is giving them a bad window of opportunity that they may use for bad thins. They may use this very same power to muscle up the witnessesand shut them up for good. At this point Muthaura is a dangerous guy especailly when he still has powers to give orrders to the police, the military and even the permanent secretaries. It is suicidal to give a potential dea throw inmate a rope inside a jail house. By allowing Uhuru to hold the finace docket and Muthaira being the secretary of the cabinet office we have a bad combination. We are basically leaving loaded guns in the hands of suicidal mad men. It is time for all Kenyans to demand that the two resign immediately.

Dr. Barack Otieno Abonyo
Associate Professor of Pharmacology
College of Pharmacy and Pharmaceutical Sciences
Florida A and M University
1415 Martin Luther King Dr.
Tallahassee Fl, 32304
Tel:850-561-2553
850-339-4806

————-

Subject: THE PRICE OF TRIBAL POLITICS…..

Yes, Comrades, Uhuru and Muthaura should have long stepped down from office – and must do so now – voluntarily through resignation, through removal by appointing authorities, or by public demand.

In the same manner, I also strongly believe that:-

1) Justice must not only be done, but also SEEN to be done, and
2) Selective justice is NOT justice.

I am still to see convincing reasons why the 2 principles were not also dragged to the Hague, or does anyone have any? Under these circumstances, a Local Tribunal should immediately be started to try both small and big fish (including the 2) that were involved or suspected to have been involved in the post-election violence, otherwise we’ll have set a very bad precedence. At a minimum, the ICC process has sent a strong message that when the time of reckoning comes, no-one is above the law (even the high and mighty). But how about the 2? You may even wish to throw Kivuitu in there!

May justice be our shield and defender,
Shem

From: Emmanuel Dennis

Roz,
There was a silent voice making rounds that the then Minister for internal Security, upon the ODM calls to go to ICC, he collected all the intel mostly collected on the activities of the sturborn ODM proponents and traded with his independence.

Wonder why he was never mentioned on the envelope yet he is the one who was giving orders to special police units. He bought his freedom by providing Ocampo with hard evidenced stamped Government of Kenya.

That is what Ocampo relied on heavily to indict the Kenyan guests to the ICC. He has evidence beyond reasonable doubt. The four guys are going down. Me thinks there are more surprises coming our way especially with the key witnesses that might be dragged into the whole fiasco.
The debacle has just began.
Let justice be our shield and defender.
Uhuru and Muthaura must step aside.

ED

On 24 Jan 2012, at 20:50, roz kahumbu wrote:

Jagem

I really have no idea. There are numerous videos of the PEV all over the internet and on UTube. I have met this particular photographer/film maker but where Ocamp gets his evidence from is anyone’s guess.BBC, Aljazeera have some good film which can be found on UTube and UN observers were all over Kenya at the time.

NSIS biz with ICC is unknown to me too.

roz

————–
From: Jagem K’Onyiego

Roz,

Is it true that ICC used all these Pictures and many more, plus narration from surviving victims, to arrive to their conclusion?
And what was it that was given to Ocampo, by NSIS which they have kept Confidential to this day?

Jagem

From: roz kahumbu

Like the photographer says from his heart

” LEST WE FORGET ”

KENYA: MIXED RECEPTION FOR THE IEBC TEAM THAT TOURED LUO-NYANZA TO COLLATE PUBLIC VIEWS ON NEW PARLIAMENTARY CONSTITUENCIES AND COUNTY WARDS

Writes Leo Odera Omolo In Kisumu City.

THE Interim Electoral and Boundaries Commission {IEBC} team that visited Luo-Nyanza last week and earlier this week had a mixed reception and near violence in some parts of the region.

The visit revealed that there existed in many parts of the region some kind of deeply rooted suspicion among the leaders, differences between sub-clans and clans and diverse community.

There have resurfaced numerous accusation and counter accusation of political marginalization of minority communities against the weak and smaller communities. Claims of gross interference by powerful politician interfering in the political activities of other regions he they are aliens.

The mission degenerated into a lot of controversies myriad problems and complaints surfaced about one prominent family, which has the grip hold and political clout, but misusing its influence by imposing unqualified leaders on population.

The presentation which shocked hundreds of residents of Ksumu City was that of the former cabinet Minister Matthews Onyango Midika, who advised the residents of Siaya an Southern Nyanza regions, that as investors, they are welcome to come and invest in Kisumu City and do business like anyone else, but they must desist from interfering in local politics. “These people had their own counties and therefore they should go there and do politics. We do not want outsiders to come here and impose certain leaders of their own choice on us”.

Midika’s sentiments were quickly viewed by the local political pundits and observers like as targeting members of the Odinga family, which had a grip hold both business and political clout over the Kisumu County residents. Though Midika refrained from names calling, the message was clear and well taken.

Another shocking presentation at Kisumu was that of Mrs Grace Akumu, a parliamentary aspirant in Nyakach, who revealed that the area has a population of 208,391 and yet the area is currently represented by only one MP. This is unfair and clear under representation. She demanded that Nyakach should sub-divided two more parliamentary constituencies one representing Nyakach, Lower region and Nyakach South.

Mrs Akumu also disclosed that there existed a serious boundary dispute between residents of Belgut and Nyakach people, although the demarcation of Sondu Market took place many years ago by decisions of the Provincial Administration in both Nyanza and Rift valley

They have flagrantly refused to implement what was agreed by both communities. Such delays had paved the way for Ahero and Muhoroni to be declared Town Councils leaving behind Sondu Market which is much larger in size and more qualified for upgrading with a lot of facilities. She also reported that another dispute existed between Nyakach and Nyando districts, which needs to be addressed the earliest.

There nearly were punching matches held when residents of Waware sub-location in Sakwa East location discovered that their sub-location has disappeared from the electoral maps altogether, with three other sub-locations in Kogelo. Kogelo and Waware forms what is called Sakwa east Location in Awendo district. But in the light of information recently published by the IEBC, Wawe sub-location which has been in existence since 1926 was merged with Kadera Kuoyo, Kanyasrega in the Sakwa North Location, while three sub-locations of Kogelo were regrouped together and merged with Sakwa South Location.

The residents have faulted and blamed two senior politicians who are aspiring for the various elective positions in the newly created Awendo district for having messed them up. Awendo district was hived out of Rongo by the defunct Andrew Ligale led commission which had created a new parliamentary constituency separated from Rongo. The politicians are blamed for having held a secret meeting in Nairobi where they had hatched plans to dismantle several sub-locations and County Wards for their own selfish interests. One such politician has of late became one of the many professional mourners appearing almost in every funeral gathering which he is always polluting with his outmoded political gimmicks.

Meanwhile residents of Awendo town and its environs have bitterly complained of the re-emergence of political thuggery and brawls in most public joins resulting in physical assaults being the daily recurrences. Hired political goons are causing havoc with innocent Wananchi going about with their daily routine businesses.

Unconfirmed report filtering in from Awendo says that one employee of the sonysugar company was reportedly assaulted last week following political argument and one supporter of a parliamentary aspirant. The same goon was reported to have assaulted a second victim last Friday with the two incidents sending the residents into panick about their safety. These marauding youths have scared the people from the surrounding farming villages away from accessing the town on fear of being provoked by half dozens of gent provocateurs who are said be on the rampage in the area while operating at the behest of their invisible masters, though the general elections are still many months away.

Meanwhile the resident of Kasipul-Kabondo have expressed their satisfaction and the creation of a new parliamentary constituency in the area, the communities involved have yet to settle and agree on the name of the new constituency. Other suggestions has been made that owing to the presence of a large population of Kasipul, from three major locations of Kokwanyo, Kojwach and Kakelo it would only be fair to all the inhabitants, if the new constituency should be called Kasipul -East and the old constituency should b renamed as either Oyugis, Wire or West Kasipul in order to satisfy the interests of the different communities living in it.

Another region which has of late appeared to be problematic and controversy ridden are the two constituencies in Suba region of Mbita and Gwassi. The majority of residents of Gwassi constituency want its named to be hanged back to Suba-South while that of Mita be changed to Suba North. Issues at stake included the fact that there are two warring communities living in Gwassi constituencies. These are the dominant Jo-Wagassi sub-clan and the Jo-Kakisingiri sub-clan which shared the constituency with the majority Jo-Wagassi group.

Two year ago the two community almost went into a full scale war over the place which should house the new administrative headquarters, arguing that which is located right in the middle of Gwassi was chosen to the chagrins of the Kakisingiri people who preferred Gingo Center arguing that there was enough land space which was bought by the government using millions of taxpayers money paid out in compensation previously paid out to the for land owners, who vacated Gingo. There is a full fledged hospital and the offices of the former County Council of Suba. However that issue cooled down and peace prevailed owing to political magnanimity of some political personalities and elites within the locality and those working in Nairobi including the two former Area MPs Zadock Syong’o and Felix Nyauchi.

Ends

Kenya: Kibaki, Kalonzo react to the ruling…..Is Kibaki & Co. Trying to Block Justice?

from Judy Miriga

Folks,

ICC Hague made a stride many Kenyas were looking forward to. The ICC broke the ice and made a forward move according to the National Reform Accord Agenda, in line with the International Rome Treaty which Kenya Ratified.

The two Coalition Principles of the Coalition Government ought to have Set-Up a Tribunal Court a long time, one year ago. Both the two Principles ramained playing the Micky Mouse until they have lost their tenure of office last year in August, and we believe, the Transitional Commission will complete the work in time before the date of next election. The Supreme Court should lead Kenyans into following the order of National Reform Accord Agenda, as it is why their Office was formed.

The Attorney General Muigai, knows better and he should have advised the Coalition leadership appropriately so Kibaki is not seen as confused having lost his bearing as, ICC Hague confirmation just signaled they are engaged on their part.

The two Principles will be missing out in action, in-case they remain having their heads deeped in the sand and they will find it too late that, they have been overtaken by events.

ICC Hague is part of the process agreed on in the National Accord Reform Agenda. It is moving forward with its part Mission to bring justice for Kenyans and 99% people of Kenya are pleased that finally, we are on the road to Justice, something the two Principles hoped to wishy wash that it die a natural death. We therefore do not expect Kibaki to think straight on this one as he is the end target, where he will explain to us why he stole the elections.

I await to see or hear credible contribution from Kibaki after the shockwaves have subsided and he begin to see and act constructively, though the two Principles Coalition Government holds no water, they have been overtaken by events.

Cheers everybody……!!!

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

– – – – – – – – – – –

Kenya may set up postelection violence tribunal
Associated Press –

NAIROBI, Kenya (AP) — Kenya’s attorney general says the country is looking at setting up a special court to deal with cases stemming from Kenya’s 2007-08 post-election violence.

The announcement from Githu Muigai on Tuesday came one day after the Hague-based International Criminal Court said it would proceed with criminal cases against four prominent Kenyans, including two potential presidential candidates.

Kenya exploded in violence in late 2007 after President Mwai Kibaki was declared the winner of a flawed election. More than 1,000 people were killed and many more wounded, but Kenya has never brought cases related to the violence to trial.

Muigai also said that Kenya would fully cooperate with the ICC as it carries its cases against the four Kenyans forward.

Kenya to set up election violence tribunal
Wed, 25 Jan 2012 7:26a.m.
By Jason Straziuso

The International Criminal Court prosecutor has commended Kenya’s political leaders – and even four suspects accused of orchestrating mass violence – for cooperating with the international tribunal, saying that Kenya is “showing a 21st-century model to manage conflict”.

Luis Moreno-Ocampo said it could take 18 months or more to bring to trial four Kenyans charged with crimes against humanity for violence that followed the country’s 2007 presidential election. More than 1,000 people died.

Kenya will hold elections this year or early in 2013, and the trial timeline set out by Moreno-Ocampo sets up the possibility Kenya could elect a president who will then have to stand trial at The Hague.

The court on Monday confirmed charges against four of six original suspects, including Deputy Prime Minister and Finance Minister Uhuru Kenyatta and former Education Minister William Ruto. Both plan to run for president. Kenyatta is the son of Kenya’s founding president, Jomo Kenyatta.

Reaction inside Kenya to Monday’s decision to charge the four was subdued. There were no reports of violence.

“The reaction was perfect. There was no problem in Kenya and even the persons charged with the crimes explained they still believe they are innocent but they will keep cooperating with the court. I think it is remarkable,” ICC Prosecutor Moreno-Ocampo said at a news conference in The Hague, Netherlands.

Kenya’s attorney general said Tuesday that it would be premature on the part of the government to disallow Kenyatta or Ruto from running for office. The four suspects plan to appeal the charges against them by the court, a process that will take several months.

Attorney General Githu Muigai said a government committee of legal scholars would look at whether the two can run for president after legal appeals have been exhausted.

Muigai also said that Kenya is looking at setting up a special division inside its Supreme Court to deal with cases stemming from the election violence. Kenya exploded in tribal and other attacks after President Mwai Kibaki was declared the winner of a flawed election.

Kenya has never brought cases related to the violence to trial, though Muigai said he has 5,000 files related to the postelection period and said it is time that the legal process “be energised” in Kenya. The country’s parliament defeated two attempts to create a special tribunal to prosecute cases, votes seen as a way for Kenya’s powerful to protect their own.

Muigai did not give a timeline for the tribunal to begin its work. He said Kenya will fully cooperate with the ICC as it moves forward with its cases against the four prominent Kenyans, adding: “It is our legal obligation.”

Along with Kenyatta and Ruto, Cabinet Secretary Francis Muthaura and radio broadcaster Joshua Arap Sang were also charged by the court on Monday.

After the mass violence broke out, former U.N. Secretary-General Kofi Annan helped broker a deal that saw Kibaki retain the presidency and his top rival, Raila Odinga, fill the newly created position of prime minister. The coalition government has held together the last four years, and political leaders here say violence is no longer a tool that will be used – a claim that will be tested during the next presidential election.

“For the last four years, they made this miracle. They have this coalition government … working together, when in the past they were attacking each other,” Moreno-Ocampo said

US urges Kenya to cooperate with international court
AFP – Mon, Jan 23, 2012

The United States on Monday urged Kenya and its people to continue cooperating with the International Criminal Court (ICC) which ruled that four key Kenyans should be tried over post-election unrest.

“We believe accountability for the 2007-2008 post-election violence is critical to ensuring Kenya’s democracy, peace, and long-term stability,” State Department spokeswoman Victoria Nuland said in a statement.

The Hague-based ICC said Monday that charges of crimes against humanity had been confirmed against presidential candidates William Ruto and Uhuru Kenyatta over deadly unrest that erupted following a disputed 2007 presidential vote.

Ruto and Kenyatta are allies of Kenya’s President Mwai Kibaki.

Two other Kenyans, radio host Joshua arap Sang, 36, and Francis Muthaura, 65, the head of Kenya’s civil service, will also face trial. Ruto and Sang were opposition supporters in 2007.

More than 1,100 people died in the post-election violence, shattering Kenya’s image as a beacon of regional stability.

While Washington makes no judgment as to the innocence or guilt of the four suspects, it calls on Kenya to live up to the spirit of its new constitution “which embraces transparency, accountability and integrity,” Nuland said.

“We urge the Kenyan government, the people of Kenya, and the individuals involved to continue to cooperate fully with the ICC proceedings and to remain focused on Kenya’s future, especially through implementation of the reform agenda,” Nuland said.

“The United States is committed to continuing to support Kenya’s ambitious reform process as Kenya looks ahead to its first national elections under the new constitution,” Nuland said.

Finance Minister Kenyatta pledged to cooperate with the ICC but stressed his innocence in the violence, while Deputy Prime Minister Ruto dismissed charges against him as “strange.”

Kenya braces for ICC ruling on top officials
Fri, Jan 20, 2012 – AFP 2:29 | 1,707 views

The International Criminal Court will decide over the next few days whether six men accused of orchestrating the post election violence in Kenya in 2008 should stand trial. Tens of thousands of people who fled the violence are still living in camps, awaiting to be re-settled and given proper compensation. Despite promises from the government that local tribunals would be set up to try suspects, nothing

Kibaki, Kalonzo react to the ruling

Uploaded by standardgroupkenya on Jan 23, 2012
The decision to commit two Kenya government officials to full trial at the Hague has elicited a quick reaction from the highest office in the land. President Mwai Kibaki has directed the attorney general to constitute a legal team to advise the government on the way forward after the ruling. Deputy prime minister Uhuru Kenyatta and head of civil service Francis Muthaura go to trial along with William Ruto and Joshua sang. KTN’s Wilkister Nyabwa reports on what this may mean.

Ocampo 6 profiles: Muthaura the silent diplomat

Uploaded by NTVKenya on Jan 23, 2012
http://www.ntv.co.ke

How the accused reacted to the ICC verdict

Uploaded by NTVKenya on Jan 23, 2012
http://www.ntv.co.ke
The four suspects whose cases have been confirmed by the international criminal court say they will fight on to prove their innocence. William Ruto and Joshua Arap Sang say they are consulting with their legal teams before making public their next course of action while Francis Muthaura appeared with his lawyers and vowed to push for the review of the verdict.

Gatundu residents react

Uploaded by NTVKenya on Jan 23, 2012

http://www.ntv.co.ke
In Gatundu, the home turf of Deputy Prime Minister Uhuru Kenyatta, some residents reacted angrily after ICC’s decision. Ntv’s Sheila Sendeyo brings us the reactions from that end, immediately after the ruling.

Post verdict reactions

Uploaded by NTVKenya on Jan 23, 2012

http://www.ntv.co.ke
In Gatundu, the home turf of Deputy Prime Minister Uhuru Kenyatta, some residents reacted angrily after ICC’s decision. Ntv’s Sheila Sendeyo brings us the reactions from that end, immediately after the ruling.

Kisumu reactions on ICC verdict

Uploaded by NTVKenya on Jan 23, 2012
http://www.ntv.co.ke
Residents of the Lakeside City of Kisumu got a chance to air their views on the ICC’s confirmation of charges ruling on the Ocampo 6. Ntv’s Ouko Okusah presents this report.

Civil society call for resignation of Uhuru and Muthaura.
Posted byThe Kenyan DAILY POST
Tuesday Jan 24, 2012- Religious Organisations, Local and International Civil Society groups want Deputy Prime Minister Uhuru Kenyatta and head of civil service Francis Muthaura sacked after their crimes against humanity cases were confirmed on Monday by ICC. They urged President Kibaki to heed his promise to the country where in two instances he said he will suspend the two if the cases go to full trial.

International Centre for Justice Executive Director George Kegoro urged President Mwai Kibaki and Prime Minister Raila Odinga to suspend Uhuru Kenyatta and Francis Muthaura following confirmation of their charges.

“President and Prime Minister should fulfill their obligations to uphold the rule of law and suspend from office Kenyatta and Muthaura in line with Chapter 6 of the Kenyan Constitution and also call upon the suspects to vacate office on their own volition in line with their statements of 15 December 2010 to cooperate with the ICC,” Kegoro said as he also asked them to give the ICC the full cooperation during the process.

Kenya Human Rights Commission Executive Director Atsango Chesoni said now the country should have a local court to try the lower level perpetrators.“It is very important for us to have a local mechanism to deal with the lower level perpetrators as we recollect that the ICC was only dealing with the most responsible. Even if we were at the stage of conviction, we still would have a lot of work to do.” Atsango chesoni said

Kenya: KCDN is moving boldly into the future

from odhiambo okecth

Friends,
KCDN is moving boldly into the future.

We have been very busy in the Boardrooms as we are in the Trenches lately. And to this extent, it is important that we make some four very crucial announcements.
First, we have been in discussions with several Government Officials and on the 7th February 2012, we will be making some announcements that will cement this Partnerships.

Secondly, KCDN will be partnersing with the Nairobi Central Business District Association in The Monthly Nationwide Clean-up Campaigns and together, we will help drive The Litter Less Kenya at 50 Campaign across Kenya.

Secondly, we have been in discussions with the Global Peace Festival Foundation for some while since last year and today, we met with the GPFF Country Director Mr. Fred Rangala and Mr. Vincent Rapando in our continuing efforts at building partnerships.

Mr. Fred Rangala- Country Director Global Peace Festival Foundation, Mr. Peter Mbol of KCDN, Odhiambo T Oketch of KCDN and Mr. Vincent Rapando of GPFF at their offices today the 24th Jan 2012
http://3.bp.blogspot.com/-b5qFIGGJFMg/Tx6UQ8V3BuI/AAAAAAAAAuU/Vz7PALnE6Es/s1600/PICT2071.JPG

The discussions were mutual, informative and very timely. GPFF will play an active role in ensuring we have a Clean, Green and Litter Less Kenya.
Lastly, we have been looking at re-designing and re-engineering our Communication Strategy. Today, we had a lengthy meeting with Mr. Benji Ndolo, and we are pleased to announce that Mr. Ndolo is joining KCDN as our Public Relations and Communications Officer. Mr. Ndolo brings in some very sharp analytical acumen and his grasp of the Kenyan issues will help drive this Transformative Process in our Mother Land.

Mr. Peter Mbol, Mr. Benji Ndolo and Odhiambo T Oketch after their meeting today.
http://2.bp.blogspot.com/-jTkvBGqNvZA/Tx6V3oR0JmI/AAAAAAAAAuc/NADE0SJeIRA/s1600/PICT2073.JPG

Let us all roll our sleeves and work for a Clean Kenya.

A Clean, Green and Litter Less Kenya at 50 is possible and achievable.

Odhiambo T Oketch
CEO KCDN Kenya,
National Coordinator- The Monthly Nationwide Clean-up Campaign
Tel; 0724 365 557
Blog; http://kcdnkomarockswatch.blogspot.com
Website; www.kcdnkenya.org
Facebook; Monthly Nationwide Clean up Campaign
Facebook; Odhiambo T Oketch

Pardon me please, I am Kenyan

From: Leo Odera

From: peter oliver

GOSSIP-COLUMN

BY PETER OLIVER OCHIENG

Recently, I read a piece in one of Kenya’s daily papers under a banner heading, “What Africa thinks of Kenyans.” The article sampled a host of opinions on what Africans think of Kenyans from Rwanda, Botswana, Zimbabwe, Nigeria, Southern Sudan, Zambia, Uganda and Tanzania.

Views sampled were as flattering as they were revealing. In the eyes of Rwandese, Kenyans are cute and politically aggressive. To the Botswanese, Kenyans are friendly, peaceful and have an unrivalled penchant for ‘nyama choma’.

Ndugu zetu wa Tanzania believe that we are conmen, daring and rude while Ugandans accuse us of being ‘business hungry’. It’s not in my making to support or condemn those views; I am a typical Kenyan, read on and find out how I carry myself on as a truer Kenyan.

I’m a Kenyan man; political bickering is what defines me best. Over glasses of alcohol in bars and other drinking dens, I assume the role of a speaker to coordinate debates on topics such as ‘The G7 political alliance is sending shivers along ODM ranks’.

I shall ensure that debates go on with zeal, authority and finality that can make Kenya a better country only if it can be replicated at other levels of nation building. As a rule, the debates always produce winners and losers.

Having lost hands down in a ‘verbal diarrhea’, I shall enlist the services of my beefy body to physically ‘teach’ my antagonist (s) a lesson. I will cause a brawl and ‘bottles shall fly’ as ‘innocent’ drinkers and drunkards leave the bar faster than they came with broken skulls, swollen faces and broken limbs.

I am a Kenyan councilor. We are meeting over a ‘small business’ of electing a city mayor. I am from Otonglo Development Money (ODM) party and other civic leaders have handpicked ‘their own’ – from their Ponyoka Na Ushindi (PNU) party. I am not amused. To express the displeasure, I take a starring role in ‘making chairs fly’ to my opponents’ direction. When they decline to bulge, I ‘flex muscles’ by throwing stones at them.

I am a Kenyan; I have peculiar calling habits and out of my strangeness, I do not own a phone but a Subscriber Identity Module (SIM) card. I am in a strange place full of strangers. I remember that I have to call my wife back at home. I proceed to the nearest stranger and quip, “I urgently need to call somebody but I don’t own a phone, could you please help me with yours?”

“But how do you know I have one myself,” he asks. ‘You look like you have one,” I fire back. He agrees to assist me on condition that I purchase mine soon. I take the phone; replace his SIM card with mine, call my wife and keep my card away without even saying thanks. I have no intention of buying a phone soon since ‘I must not own a phone to make calls’. With or without a phone, life continues in its true Kenyan fashion.

I’m a Kenyan; a political bootlicker, tail wager, sympathizer, crony and tribesman of a well known cabinet minister. There’s a vacancy at one of the parastatals that fall ‘in his ministry’. I do not come close to meeting the qualifications. In simple terms, I’m the owner of ‘a very short C.V’ but given that I have an ability to ‘mobilize’ voters, only a phone call stands between me and the position.

I am a Kenyan cabinet minister. The ministry I head has been rocked by a Nation shaking scandal. All evidence point to the fact I have to take political responsibility, ‘step down or aside’ and pave way for investigations. But what do I do? I call a press conference and swear by my tribal chief’s name that not even death can ‘make me step aside’.

“My community is being targeted. Money has been ‘poured’ to finish me and my community politically,” I swear with clenched fists at everybody and nobody in particular. Three hours down the line, I call another press conference to announce ‘my stepping down’. What happens next is that ‘political analysts’ have a word to say. “The minister’s decision was long overdue,” they chorus.

I am a Kenyan lady dating a Kenyan guy who is not so keen on settling down in marriage. I am on the wrong side of thirty; I have to ensure that I settle down soonest lest I ‘lose market’. So what do I do? I call to inform him that I shall visit during the weekend.

At the back of my mind, I know that I’m not going to visit but to stay. Come the weekend, I take my ‘self contained’ hand bag and head to his place. After three days, he seeks to know when I will be leaving but I flatly tell him that I have no intentions of leaving and that I actually ‘came to stay’.

“In fact, I’m heavy with your child,” I say. It dawns upon him that we have actually been eating the ‘forbidden fruit’ without protection. He grudgingly accepts to put up with me, but in real sense, he wasn’t ready for it. As expected, the ‘come we stay’ does not go beyond six months and the hassle for a ‘Mr Right’ continues.

I am a Kenyan; the owner of very lazy bones. I ‘fear’ work, sleep poor but expect to wake up damn rich. That’s why I shall deliberately skip a political rally where ‘sitting allowance’ is being given and attend a church crusade where people ‘speak, breath and smell miracles’ in God’s name.

I expect the pastor to perform miracles so that I become rich overnight. But as you all know, the era of miracles is long gone, it becomes even tricky by ‘demanding’ a miracle or two from the pastor when I know that he can’t produce it.

But do I know? I am just a mere Kenyan. Please pardon me for that.

KENYA: AVOID THINGS THAT CAN MAKE US HATE EACH OTHER-LENTEN CAMPAIGN 2012

From: ouko joachim omolo
Colleagues Home & Abroad Regional News

BY FR JOACHIM OMOLO OUKO, AJ
NAIROBI-KENYA
MONDAY, JANUARY 23, 2012

The theme of this year’s Lenten Campaign is “Towards a Transformed Kenya”, Let Light Shine out of Darkness (2Cor.4:6). The Kenya Episcopal Conference Catholic Secretariat Catholic Justice and Peace Commission has chosen this theme because as Kenyans we must remind ourselves that we have a duty to transform Kenya into a country where human dignity, human rights, equity, responsibility and equality are the core values. This is the basis of the social teaching of the Church.

The campaign begins with the preamble that in order to transform Kenya we must to transform our conscience. This will enable Kenyans to avoid those things that have made us hate each other. We must coexist as a country. As Christians, Muslims, Hindus, Traditional religious and people of good will, we are all called to be the salt and light of the world.

We are all invited to be witness of the Kingdom of God which is already here with us and the Church is symbol of that Kingdom. Transformation means that we reclaim our humanity from false doctrine and ideologies that have infested our society. Our Lord told us that only truth will set us free (Jn. 8:32).

The first week begins on Sunday February 26 after Ash Wednesday, February 22. The first week shall discuss the General Elections, how we are expected to elect good leaders and how we shall avoid rigging and violence like 2007 and several previous elections which were mired in irregularities and characterized by violence in many parts of Kenya.

The fact that at the heart of the electoral violence in 2007 and 2008 was the question of land allocation and the particular nature of Kenyan political contests, through which ethnic loyalties are rewarded, in order to avoid future electoral violence, the issue of land must be tackled.

For Muslims the most contentious issue is the question of ancestral land in Coastal Province, which many Muslim leaders claims was reallocated illegally. This has motivated some Islamic organizations to use the debate about “majimboism” as a platform to advocate the implementation of Shari’ah law which they believe is the only solution to their problems.

Despite that fact that land rights have been a hotly contested issue since independence where the Kalenjin, Masai and other smaller communities have consistently tried to reclaim land that was taken from them during the colonial period, instead illegal farm invasions continue to take place.

Questions of land allocation, which are ultimately linked to questions of wealth, have never been handled appropriately. The political instrumentalization of the uneven distribution of land has led to widespread ethnic violence, which has flared up several times after the return to multiparty democracy in late 1991.

Both during the period of first de facto and later de jure one-party rule (1963 to 1991) under the reign of the Kenya African National Union (KANU), the former ruling party, and during the period of multiparty competition (1992 to present), politics has been characterized by strong ethnic undercurrents.

Under the country’s first president, Jomo Kenyatta (1963 – 1978), most prominent cabinet positions were given to his Kikuyu community, which, according to the 1989 census, represent 21 percent of the population and the largest ethnic group.

Yet still, despite the fact that in the fertile Rift Valley, both Kikuyu and Kalenjin have aspired to claim land that was previously under colonial occupation, competing demands for land were never solved and thus became a latent source of conflict between the two communities.

It is against the background that in 1964 when the Kenyatta government altered the independence constitution by abolishing the federal institutional system (“majimbo constitution”), the debate about “majimboism” (Swahili for federalism) has since returned to the political agenda and was frequently accompanied by ethnic clashes. It also emerged in the run-up to the 2007 elections.

In the second week the campaign will look at the issue of food security. As Kenyans we have an obligation to make sure that we have enough food, especially by seeking to strengthen our economy by buying our own produce. In other words, for us as a country to have food security, we must be patriotic and put Kenya first.

We must also compel our leaders to have policies that spell out the availability of seeds, accurate weather forecast and good food storage. The problem of food insecurity needs to be addressed within a long term perspective, eliminating the structural causes that give rise to it and promoting the agricultural development of poorer people.

This is because according to the constitution of Kenya, the government of Kenya has constitutional responsibility to protect the human dignity of Kenyans (Art. 26(1) and Art.28); and free them from hunger and to have adequate food of acceptable quality (Art. 43(1) c.

The third week will discuss the Devolution. This is according to the Kenya Episcopal Conference is because it is a very important for the transformation of Kenya. It means allowing or giving powers of decision making to smaller or local units that have means to implement the decisions both at political, economic, social and cultural spheres.

Technically, devolution can be defined as a governance tool based on the principle of subsidiarity. This means that the central government and the devolved government will have distinct functions to perform that will add up to the common good of Kenyans.

Even though under Daniel arap Moi (1978 – 2002), the allocation of public resources was biased in favor of his Kalenjin group and several pastoral communities, this has never changed with Mwai Kibaki.

It explains why economic recovery has failed to realize their goals in Kenya since independence. This has opened the way for corruption to continue to be widespread. It is also why the resettlement of thousands of innocent victims has not yet been realized. This cannot improve because of the ongoing bad governance.

With the implementation of the new constitutions Kenyans hope that these vices will end once and for all. We need Kenya where the constitution recognizes the cultural values and ethnic diversities in the pot which is Kenya and not ethnic.

The Kenya Episcopal Conference believes that with the implementation of the new constitution Kenyans will be able to share the national resources at both national and at county levels. Where there will also be county resources to be shared within the counties.

This of course will depend with the type of leaders Kenyans will elect. Leaders, who are ready to dialogue with the community, bring investments in the county and who are ready to adopt pro-good policies. All these processes require citizens’ participation as provided in the constitution.

Because the constitution has never been implemented is why, even though the fight against corruption was a major theme in Kibaki’s successful 2002 election campaign, this could not work.

That is also why, despite the fact that in 2003 and 2004 when the government enacted several laws designed to curb corruption, including the Anti-Corruption and Economic Crimes Act, the Public Officer Ethics Act and the Public Procurement and Disposal of Assets Act, corruption is still widespread.

Even with the re-launch of Kenya’s Anti-Corruption Agency (KACC) which required MPs and civil servants to provide evidence of their source of income has never been realized. In addition, the position of a permanent Secretary for Ethics which was established in the president’s office never worked either.

The outcry has been that, even though the KACC is legally obliged to hand over evidence to the attorney general’s office, their efforts have been limiting them to free itself from executive pressure. This is because AGs have been the presidential appointees.

That is why it admitted to suffering from a lack of capacity to act in a meaningful way to punish those who fail to comply with the law. For example, in January 2009, former Finance Minister Amos Kimunya, who was involved in the dubious privatization of the Grand Regency Hotel, was re-appointed to his previous positions despite a parliamentary vote of no confidence against him.

The fourth week will discuss the family matters. The Kenya Episcopal Conference has chosen this topic given that the family is a threatened institution today. Without sound families the society will disintegrate.

In Kenya today the family is facing significant challenges and the role of parent is in jeopardy as parents continue to compete with various influences from our world. What is happening is that we have defiled our families.

We have allowed the father of the home to disappear. Many children are suffering a ‘father wound’. Many children do not have an adequate father figure in their lives, and this has really distorted the society.

The fifth and last week will discuss peace and cohesion. Kenyans are called to look for means of bringing justice and peace to our society. This can only be achieved when we have let our light to shine.

While many Kenyans continue to suffer violence in their communities, press freedom still exists in Kenya on paper as well as in principle. In the past, journalists have become the victims of governmental pressure and state violence.

During the counting of the 2007 election results, various media houses were forced to stop reporting incoming election results, which made it impossible to confirm official results released by the Electoral Commission of Kenya.

Recently local and international journalists have protested Kibaki’s support of the Kenya Communications Amendment Bill (2008). The so-called “ICT Bill” which, if it was passed it was going to provide for heavy fines and prison sentences for press offenses.

It could give the government authority over broadcast license issuance and the production and content of news programs. It further allowed the government to raid media offices- tap phones and control broadcast content for purposes of national security.

Although sizeable group of Kibaki’s grand coalition also opposes the law, according to the worldwide press freedom index, Kenya’s position has fallen from position 78 in 2007 to position 97 in 2008 (out of 167 countries).

Yet still, the 2007 elections and their aftermath have illustrated the deep ethnic divisions between various communities. No political party has ever managed to include representatives of all major communities in leading positions for a significant period of time.

The inability of political leaders to engage in efforts to defuse the violence was manifest in their readiness to accuse each other of fostering ethnic genocide. This has raised new doubts about their willingness to contribute to democratic stability.

Thanks to International Criminal Court (ICC) that Kenyans are now cautious. It explains why, despite Mr Peter Otieno appearing at the ICC as a witness, the residents have accepted his role and he has been welcomed back to the fold. Some people tried to create rumours that his house had been torched, but they failed to incite the community to take the law into its hands.

Otieno was a trade unionist who, as a witness for former police commissioner Maj-Gen (Rtd) Hussein Ali, testified how police rescued him and his family in Naivasha. Reports that his rural home in Migori County could be a target for attack following his testimony at The Hague turned out to be unfounded.

The fact that Ruto, Uhuru, Muthaura and arap Sang have been charged for full trial by the ICC and no violence has taken place is an indication that Kenyans are now trying to coexist. It is an indication that there will be no violence in the future.

People for Peace in Africa (PPA)
P O Box 14877
Nairobi
00800, Westlands
Kenya

Tel +254-7350-14559/+254-722-623-578
E-mail- ppa@africaonline.co.ke
omolo.ouko@gmail.com
Website: www.peopleforpeaceafrica.org

Kenya: Finance Bill Row Hands Fraudsters Lifeline

From: Judy Miriga

Folks,

Kenya’s Coalition Government under the leadership of Kibaki and Raila should face Legal Justice over charges on Economic Theft engaging on illegal and unconstitutional business undertaking of special interest that saw the country drifting into Economic crisis from imbalances of such economic crimes. This behavior has made lives of many in danger, with cost of fundamental basic needs rising, poverty souring to an extend that nothing works.

The severe economic shocks reported by World bank, IMF with other International financial institutions is a showcase of the same.

This calls for the Judicial system of the Supreme Court to take urgent steps to institute investigation of the activities which led to this economic crisis and that Coalition Government be immediately and urgently charged against Economic Theft and Crime.

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

– – – – – – – – – – –

Kenya: Finance Bill Row Hands Fraudsters Lifeline
Paul Wafula

20 January 2012

Delay in adoption of Finance Bill 2011 has handed mobile phone fraudsters a leeway to move on with illegal activities.

As a result, the country continues to lack the law to making it mandatory for mobile phone users to register their SIM cards.

In consequence, the Ministry of Information and Communication has been unable to direct mobile operators to immobilise unregistered numbers as a measure to curb mobile phone-crime.

It’s more than two years since the idea was first mooted and the ministry was banking on passage of the Bill to give it the legal mandate to enforce it.

The delay has been caused by a standoff between Parliament and the executive over a controversial amendment to the Bill, which legalises taxation measures, to control interest rate that commercial banks can charge borrowers, a proposal that has been opposed by Treasury.

Mobile service providers reckon that the lack of legislation makes it impossible to enforce compliance and are warning that it would need another three months to comply once the law is in place.

Three-month grace period

“We are very confident that we will be in a strong position to comply with the new legislation when it comes into place.

“This notwithstanding, and in order to minimise any negative impact on customers who may be having ancillary challenges such as inability to secure national identity cards or other forms of acceptable identification documents, we are in favour of a three-month grace period prior to implementation,” Safaricom’s corporate affairs director Nzioka Waita said.

Operators also cite the costs of carrying out the registration exercise as another barrier. “As an operator, we are currently shouldering the burden of registration ourselves.

“However, if the government places additional compliance and storage requirements on the industry, we shall be keen to discuss with the Government various options for meetings these costs,” Mr Waita said.

President Kibaki has in more than two occasions ordered for deactivation of the SIM cards, but the directive is yet to be acted upon, more than a year after the registration exercise expired.

MPs threaten Kibaki and Raila over taxes MPs plan to strip President Kibaki, Prime Minister Raila Odinga and Vice President Kalonzo Musyoka off their hefty retirements perks in protest against a law compelling them to pay taxes.

They also vowed to campaign for cancellation of allowances paid to spouses of Mr Odinga and Mr Musyoka.

They want to punish the two leaders for complying with a directive by the Kenya Revenue Authority that all MPs pay full taxes on salaries and allowances backdated to last September.

The MPs also plan to frustrate passage of laws for implementation of the Constitution; and shoot down the Finance Bill when the House resumes in two weeks time.

The MPs, who are at the Mombasa Continental Resort for a workshop on the draft national population policy, were also seeking to placate public anger by passing a law that will exempt those who earn Sh30,000 a month and below from paying taxes.

Saboti MP Eugene Wamalwa and his Uriri counterpart Cyprian Ojwang accused President Kibaki, Mr Musyoka and Mr Odinga of “inciting the public against the MPs” by paying their tax arrears.

Deal with hypocrisy

Mt Elgon MP Fred Kapondi said: “We are going to deal with this hypocrisy and double standards exposed by these leaders whose spouses earn more than MPs in allowances which are not taxed.”

Speaker Kenneth Marende was at hand to support the MPs hardline position. He maintained that MPs had been assured by the government that they would not pay increased taxes for the remainder of the current term.

In a statement issued in Mombasa, Mr Marende said that MPs were ready to pay full tax on their income if taxation laws were amended.

“Allow me to reiterate the fact that both the Executive and Kenya Revenue Authority wrote to the Kenya National Assembly before the Constitution was passed stating the position with respect to taxation as it would apply to Members of the 10th Parliament,” he said.

The MPs, who have only been paying tax on their basic salary which stand at Sh200,000 per month, are under pressure to pay levies on their hefty allowances which make up most of the Sh800,000 earnings.

The MPs threatened to paralyse government operations by rejecting crucial Bills.

To begin with, the MPs plan to shoot down the Finance Bill when it is tabled in Parliament by Finance Minister Uhuru Kenyatta.

Mr Kapondi and Luka Kigen (Rongai) and Joshua Kutuny (Cherangany) warned that Parliamentarians would shoot down the Bill that gives the government authority to spend.

“Uhuru will not find it easy. Despite all the threats and tough talk. He will have to work hard to convince MPs to pass the budget,” said Mr Kutuny.

“This issue has united us more than ever before. We are going back to Parliament an infuriated group,” said Mr Kigen.

Mr Kapondi warned that the government “will be in for a rude shock. It is a false victory for them if they are already celebrating,” he warned, saying MPs had resolved to reject the bill to show their anger at the taxman’s move.

They also plan to reject several Bills expected in the House to implement the new constitution.

However they might be shooting themselves in the foot as Parliament failure to pass laws mandated by the new constitution opens the door for dissolution of Parliament.

Deputy Speaker Farah Maalim and Regional Development Minister Fred Gumo termed as insensitive the decision to tax MPs’ salaries and allowances at this point.

Goldplat pours first Kenyan gold bar
Reuters – Tue, Jan 17, 2012
NAIROBI (Reuters) – Africa-focused gold producer Goldplat has poured the first bar of gold from its Kilimapesa mine in Kenya, marking the beginning of production in the east African country’s first gold project, the company said on Tuesday.

London-listed Goldplat said this followed the commissioning of the Elution plant, which enables Kilimapesa to smelt and produce bullion on site.

“Kilimapesa’s first gold pour marks a significant milestone for both the company and Kenya as we continue to develop the country’s first gold project … into a profitable mining operation,” Goldplat Chief Executive Officer Demetri Manolis said in a statement.

Goldplat targets an expansion of its resource base towards the 500,000 ounce mark and an increase in gold production towards 10,000 ounces per year, Manolis said.

The initial smelt produced 399 ounces. The company did not provide a current estimate of current reserves of the mine.

The first bar was sold to Rand Refinery Limited in South Africa.

Goldplat has assets in Kenya, South Africa, Ghana and Burkina Faso. Last fiscal year, the company reported total production of 28,185 ounces of gold in its annual report.

Kenya seeks nearly 400,000 tonnes of oil products – trade
Reuters – Thu, Jan 19, 2012
SINGAPORE (Reuters) – Kenya is seeking nearly 400,000 tonnes of oil products for February and March, as demand for fuel rises in East Africa due to a shortfall in refining capacity and accelerating economy.

Kenya’s Ministry of Energy is seeking 100,658 tonnes of gasoline, 108,846 tonnes of jet fuel and 188,627 tonnes of gasoil for delivery in February and March, in a spot tender issued late Wednesday, industry sources said.

Kenya also imports oil products on behalf of other East African nations.

Kenya’s economy is dependent on diesel for transport, power production and agriculture and many homes use kerosene to generate power. GDP is expected to grow by at least 5 percent this year, from last year’s forecast of 4.5 to 5 percent.

A heavy rainy season over the next few months is also expected to boost harvests, in turn increasing diesel demand.

Kenya is seeking two gasoline cargoes of 50,329 tonnes each for delivery over February 22-24 and March 10-12 and two jet fuel cargoes of 48,846 tonnes and 60,000 tonnes for delivery over February 20-22 and March 6-8 respectively.

It is also seeking three gasoil cargoes, two of them at 80,000 tonnes and 80,658 tonnes for delivery into Kipevu Oil Terminal over February 25-27 and March 19-21 respectively. One of the cargoes, at 27,969 tonnes, is for delivery into Shimanzi Oil Terminal over February 15-18.

The tender closes on January 19 and is valid until January 20.

Kenya last bought 25,000 tonnes of gasoline, 58,000 tonnes of gasoil, 25,000 tonnes of jet fuel and 30,050 tonnes of fuel oil from Addax Kenya, Galana Oil Kenya, Gulf Africa Petroleum Corp (Gapco) and Gulf Energy.