Category Archives: Kenya

Kenya: Unless the government harmonize their operations cut-throat competition could curtail sugar production in Southern Nyanza

Reports Bob Ndira-Uradi In Awendo Town.

The recent commissioning of the two newly established white sugar processing mills in Southern Nyanza is expected to improve the economy of the region, especially the money circulation and creation of job opportunities for the youths.

The two new sugar Mills include the Sukari Industries, which Is located near Oria Market in Kanyikela Location, Ndhiwa Constituency within the Homa-Bay County. The new Mill, which is situated right on the common borderline between the two administrative of Ndhiwa and Uriri districts and the second Mill, the Trans-Mara Sugar Company, which is located about twenty kilometers south east of Awendo have already gone into full blast producing double refined sugar.

The two Mills will supplement the production of sugar at the long established and Awendo-based Son Sugar Company Limited. The two new mills are expected to improve the economy of the greater Southern Nyanza region as well as in the neighboring Trans-Mara district in the South Rift.

The establishments of the two new Mills now bring the total number of sugar processing factories in the region, which is only thirty miles in radius into three, with the good prospect of creating employment opportunities to close to ten thousands strong labor force. The new multi-billion shillings ventures are lo expected to improve the money circulation in the two regions.

Previously, he Awendo-based SonySugar had contracted close to 27,000 out-grower cane famers in several districts, which include Kuria West, Kuria East,Migori,Ndhiwa, Homa-Bay, Gucha, Rongo, Awendo, Uriri and Trans-Mara. It had similar number of non-contracted making its harvesting programmes nightmarish with persistent claims and accusation of laxity and massive corruption.

Other allegations included delayed payment of cane bills, which took too long for the farmer to get their money after the delivery of their crops. These complaints and many other lapses almost paralyzed the production of sugar at SonySugar, which atone times almost went burst forcing the government to pump into to it more finances for its survival.

The arrival of the two new mills has rejuvenated the operations at the SonySugar and tremendously improved its efficiency in sugar production and in handling its contracted farmers. The SonySugar which has hitherto never experienced the kind of the cut-throat competition in business it is now facing is struggling to remain afloat in cane crushing business, though its cane growing zone has been reduced drastically by the presence of the two new plants.

SonySugar, however, is advantaged due to its close to 5,000 hectares nucleus estates, whereas its two competitors have nothing of the sort, but depended entirely o he small scale contracted and non-contracted cane out-growers for the supplies of row materials. This has made the going for the two ventures rather difficult at the beginning, but industry’s players maintain that these are just “the teething problems.”The competition has all of sudden caused the tremendously improvement of payment to the cane growers.

SonySugar recently increased its cane prices for 3,500 per ton to 4,500 per ton, but still levying charges on transport and harvesting on the farmer whereas the Sugari Industry Limited is paying out top price of Shs.5,095 per ton with no deduction for transportation an harvesting costs.

What is obvious I that the to new mills are going eat deep on flesh of SonySugar on its cane growing zones as many farmer seemed to be changing their allegiance too fast with the aim of enjoying the new prize cane prices and business in general. Another likely scenario is for the three mills may soon run out of mature cane supplies for their mills unless they take radical steps in assisting more farmers to grow more cane fields. Alternatively, the government through the Ministry of Agriculture and harmonize the operations of the three mills with newly defined cane growing zones for each mills.

The three mills, however, have the capacity of contributing significantly toward the government declared policy on poverty eradication an improvement of quality of life among the communities living with the cane growing zones. It is therefore up to the government to move with speed to instill sanity and disciplined in cane harvesting system that which is devoid of the near violence competition recently witnessed around Awendoi town.


Building bridges for a Better Kenya

from odhiambo okecth


Today was one hectic and fruitful day for us at KCDN.

First, in the company of Mr. Lameck Siage and Peter Mbol, we met Mr. Henry Ndede- the Coorinator, Unep-Kenya Country Programme at his offices at the UN Complex to discuss about how we can work together in The Litter Bin Programme and The Litter Less Kenya at 50 Campaign.

We will be following this conversations forward and in our resilient determination, we are sure of achieving a Clean Kenya as we celebrate our 50 Years of our Independence next Year.

Secondly, I attended the Steering Committee Meeting at the UN Habitat to help plan for the upcoming African Conference on Volunteer Action for Peace and Development. This conference is coming at an opportune time since we at KCDN have been the foremost drivers of a process that has been very successful yet purely voluntary- The Monthly Nationwide Clean-up Campaign.

We have been pushing Friends of KCDN to the wall to help make our Programmes a reality, and now, we are happy that the Organizing Team for this Conference have made recognition of our potential and invited us to join in the Steering Committee.

We promise to be of real help and support and we will avail our expertise on various fields to the good of this Committee and to the eventual successful hosting of this Conference in June.

We want to sincerely thank Dr Manu Chandaria, Dr Markandey Rai, Mr. David Caprare, Mr. Vincent Rapando, Mr. Daniel Juma, Mr. Insu Choi, Ms Karena Cronin, Mr. George Oloo, Mr. Fred Rangala and all the colleagues in the Steering Committee for this great initiative.

The time is now and we can move Africa to the next level. Let us join hands and work for a Clean and Litter Less Kenya at 50 by joining in the Clean-up Campaigns across Kenya every 3rd Saturday of the Month between 7.00am and 9.00am.

Peace and blessings.

A Clean Kenya Starts With Me. And a Peaceful Kenya is my Responsibility.

Odhiambo T Oketch,
National Coordinator- The Monthly Nationwide Clean-up Campaign
Tel; 0724 365 557,


From: ouko joachim omolo
Colleagues Home & Abroad Regional News



Last week the talks in Kenya were about Eldoret North MP, Mr William Ruto launching a new party that he believes will take him to State House and Deputy Prime Minister, Mr Uhuru Muigai Kenyatta with PNU-Alliance, a bus he believes will also taking him to State House.

This week however, the talks are on The Hague, whether the charges against the duo would be dropped come January 23. The school of thought is that should the charges be dropped it would mean that the history of impunity that stretches back to the colonial days will continue.

That is why Kenyans opted for the International Criminal Court (ICC) because Kenya does not have leadership that can deal with them fairly and justly. For example, those who perpetrated ethnic clashes in 1991, 1992 and 1997 have never been punished, including those responsible for extrajudicial killings of hundreds of youths, or those associated with the infamous “Goldenberg” and “Anglo-leasing” corruption scandals.

The ICC will determined whether post election violence was planned as contained in the evidence tendered by the Commission of Inquiry into the Post Election Violence (CIPEV) chaired by Justice Philip Waki.

The evidence is also contained in the Kenya National Commission on the Human Right (KNCHR). According to the report former Agriculture Minister William Ruto held a meeting in August 2007 with other senior Orange Democratic Movement (ODM) leaders in Kipkelion near Kericho to out mass evictions of non-Kalenjins from their homes in the Rift Valley, particularly the Kikuyu and Abagusii.

Uhuru Kenyatta with other Party of National Unity (PNU) on diverse dates during January, February and March 2008 attended meetings to plan for retaliatory violence. The report states that local politicians received support from Kikuyu elite from outside Naivasha to mobilize local jobless youth who were bolstered by Mungiki followers from Nairobi and Central Province.

The KNCHR’s list of ‘alleged perpetrators’ includes six cabinet ministers: Uhuru Kenyatta from President Mwai Kibaki’s PNU, Sally Kosgei, Henry Kosgey, William Ruto, Najib Balala and the late Kipkalya Kones from Prime Minister Raila Odinga’s ODM.

It also included allegations against a bishop and several preachers, Christian and Muslim, some of whom include Rev. Kosgey, a preacher who sometimes preaches on Kass FM, Mr Benjamin Murei, a Seventh Day Adventist (SDA) Church elder. He offered prayers and read a verse from the Bible to the youth attackers in support of the violence and Pastor Isaya Nyongesa in Likuyani for saying that Kikuyus must go back to ‘their’ Central Province.

MP William Ole Ntimama, for warning non-Maasais that they would be evicted from Enoosupukia, according to the 1990s Akiwumi Commission’s investigation into tribal clashes which also accused government administrators of being untruthful and attempting cover-ups. The report argues that the police and security agencies adopted a shoot-to-kill policy, mainly in Kisumu and parts of Nairobi.

According to the report, the late Lorna Laboso M.P, Sotik Constituency would be tried for planning and incitement to violence. She was accused that on the third week of January 2008 that she attended a purported peace meeting at Manaret Society, where she incited local community against the Kisiis.

Franklin Bett, M.P for Bureti Constituency is accused that during a public meeting in Kiptororo in Kuresoi in December 2007, he reportedly urged the Kalenjins to fight the Kikuyus until they leave Molo area.

He is also accused that together with the late Kipkalia Kones and the late Kimutai Too they financed the Kalenjin youths who attacked the Kikuyus and Kisiis in Kericho. He gave them transport, fuel and food and held meetings at Kericho Tea Hotel and other places.

Again, together with the late Kipkalia Kones and the late David Too, they organized and facilitated the youths to be transported from Trasmara and Bomet by Lorries through Silibwet to go and chase Kikuyus from Kuresoi.

It is reported that on the 23rd November 2009 he went to Stagemart in Kericho and addressed a crowd asking residents to remove all the stains/spots (madoadoa) from the region.

In January 2008 while addressing youths Too is reported to have told the youths :”When we tell you to block, make sure you block the road, and when we tell you to remove, make sure you remove them.”

Other inciters include Boaz Kaino MP Marakwet West constituency and Fred Kapondi MP, Mt. Elgon constituency. Kapondi said that Luhyas should be expelled from Trans Nzoia.

Omondi Anyanga MP for Nyatike constituency for participating and funding of violence, hiring of Lorries to loot cereals depot, funding the violence, John Pesa MP, Migori constituency-he is reported to have said at a campaign rally that ‘visitors’ had taken away the businesses of local people). He named the said ‘visitors’ as ‘Oriah’ (understood to mean Somalis, Kikuyus and Kisiis).

Ramadhan Kajembe MP, Changamwe Constituency for hosting a number of people at his home on the day violence erupted. He “commanded” the youth that was looting in Changamwe area.

Chris Okemo, MP, Nambale Constituency- he told the public that he does not want the Kikuyu votes and also intimated that it is the Kikuyu who are barring them from developing themselves. Elizabeth Ongoro MP for Kasarani-supplied money for petrol used to burn down houses and property in Kijiji cha Chewa.

Maj..G en Hussein Ali Police Commissioner-Some police officers under his command as the Commissioner of Police were involved in use of excessive force leading to deaths and injury, some officers were partisans, and others neglected their duties.

Peter Kavila, Wainaina and Njoki and Peter Matu, PPO, Western Province, OCS Malava and two other Officers respectively for excessive use of force shooting and killing peaceful demonstrators, Mr Ngugi, OCS Langas Police Station and officers under his command, Mr Alfred Chepkwony Assistant chief, Chemamul Sub-location in Tinderet, Nandi South for participating in the violence-he was among the attackers on the morning of 31st December 2007.

Mr William Sang, the Chief of Chepkoilel Location near Eldoret for participating and organising the violence-He was seen directing the attackers on 31st of January 2008 at Kimumu. OCS Endebess Police Station for leading a group of police officers and Kikuyu attackers to Turbo area in Endebess on 6th January 2008 at around 11.00 am, shooting and injuring people in the area.

Dr. Jacob Bitok A lecturer at Moi University for organising, planning, funding and participation in the violence- He ferried Marakwet warriors to attack and drive Kikuyu out of Rock Centre in Eldoret and in Kipkaren areas. He was the custodian of the funds collected to finance the violence within Mosop area.

Thomas Cheruiyot Sirikwa Agricultural/ Veterinary Officer in Sirikwa- He threatened the headmaster of Sirikwa Primary School (a kikuyu) and asked him to leave arguing that the school deserved a Kalenjin headmaster. This was during a public meeting convened by the Kamara District Officer held on 27/11/07.

Cheruiyot further reportedly incited the Kalenjin parents to withdraw their children from Sirikwa Primary and Secondary Schools. As a result the Secondary school was reportedly closed down.

Sammy Ng’etich Acting chief for Chemaner Location- he told the Kisiis and the Kikuyus that they must vacate the area whether they like it or not. Sometimes in September 2007, he reportedly held a meeting which was attended exclusively by Kalenjins and the night after the meetings, a group of youths attacked Kamwaura shopping center whereby two people were killed and several houses burnt.

Inooro FM Radio station which broadcasts in the Kikuyu language for incitement via calling programmes, aired highly emotional and distraught victims of the violence- Kameme FM Radio station, broadcasting in the Kikuyu language for perpetration of hate speech, engaging in ethnic propaganda campaign against ODM and the Kalenjins.

Kass FM Radio station broadcasting mainly in Kalenjin languate for incitement and hate speech in its programmes -KASS FM broadcast hate speech and materials meant to incite communities against each others.

Radio Injili station for incitement and hate speech in its programmes- The station broadcast on several occasions material that amounted to incitement. Coro FM Radio station which broadcasts in the Kikuyu language for incitement through its programmes.

Councillor Ochola-Utalii Ward in Kasarani Consitutency and lives in Kijiji cha Chewa, for financing local youth to purchase petrol between 29th December 2007 and the first week of Jan 2008 to make petrol bombs and paying arsonists Ksh 400/day. He also provided food, shelter weapons and transport to attackers.

General (Retired) Koech who contested for the Ainamoi Parliamentary seat in 2007 General Election organised the Kalenjin attackers in South Rift. David Njuguna alias “Zebra”, Councilor for Londiani town ward organized retaliatory attacks against the Kipsigis. He organized youths of the Kikuyu Community to burn down the shops and businesses of the Kipsigis community.

Martin Odhiambo Insurance Broker, Kericho Town, alleged to have financed the violence and supplied youths with petrol to burn homes of members of the non Kalenjin communities, Nyabuti Moseti Businessman provided Matatu to ferry the chinkororo attackers to “defend” Kisiis.

Jack Sokouhuru, a businessman and owns butchery was one of the attackers who were involved in the burning of kipsigis shops, Zebra (alias David Githunguri or Njoroge), Councilor Chepkongoni Ward participated in torching of houses belonging to the Kipsigis Community on 20th of January 2008.

Other inciters include Faruk Kibet, Enoch Sugut, Mr Thomas Koech and Solomon Tilawen, former nominated councilor for Wareng County Council in Eldoret, ODM youth leader and headmaster of Kaptebee Secondary school, CDF Treasurer Eldoret North Constituency, and another ODM activist in Turbo, respectively.

Continues tomorrow—–

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

Tel +254-7350-14559/+254-722-623-578


News Analysis by Leo Odera Omolo In Kericho Town.

The newly launched United Republican Party is nothing new, but a replica of the dreaded infamous KANU Y92 outfit which the retired President Daniel Arap Moi used to perpetuate falsified election victory during the first multi-party elections I 1992.

It has regrouped all the top of leadership of the defunct KANU Y92 which was
famed for having inflicted injuries to many Kenyans in its effort to restore the presidency of the retired President Daniel Arap Moi by way of hook and crocks means, which included the alleged dishing out of millions of fake currency notes to the voters and event torturing the perceived opponents of KANU regime either real or imagined.

The URP does not reflect to be a party with the national outlook, but a regional and tribal outfit whose leadership is perhaps armed with fictitious imagination that it could use the three million votes in the votes rich Rift Valley Province for power bargain after losing out to other parties during the impending general elections. And of course its failure could be inevitably projected in advance.

The URP has brought on board a highly respected individual personality, like the former Speaker of the National Assembly, Francis Ole Kaparo. It dumped the retired former KNUT National chairman and perennial parliamentary election loser in Buret constituency, Joseph Arap Chirchir, who it has used to destabilize the UDM in a vain attempt to gain a foothold in the party through the backdoor.

The URP might have succeeded temporarily in using and dumping Chirchir, but its entry as an acceptance in the vote’s rich Kipsigis region in the South Rift would be an uphill task, which would require a lot of political magnanimity and acumen.

Asked if the UDM would accept Chirchir back in its hierarchy, a top official of the party told this writer at the weekend that it is up to Chirchir to decide as to which party he would wish to join. He should either to remain an ordinary UDM member and forfeit his claims to the party leadership or move out and stay put in the URP. The choice is for him to decide.

Speaking to this writer by phone the UDM leader Lt. Gen {rtd} John Arap Koech dismissed as mischievous those claiming that without the support of the Eldoret North MP William Ruto the party is doomed to fail and would soon be on the verge of total collapse.

Koech reiterated that UDM, which is allied to the ODM, is here to stay and would soon launch its own programme of membership recruitment countrywide. The party has one MP in the tenth parliament in the name of Prof Hellen Simbili and elected civic leaders in several Urban, County and Town Councils throughout the country. It has been performing extremely well at the recent parliamentary by-elections until an attempt to grab its leadership was made by a group of disgruntled ODM rebel MPs. They had grand design to make the UDM their soft landing political party after breaking ranks with the ODM.

“This move by the MPs landed the otherwise vibrant UDM party into a series of legal tussles through courts and tribunals thereby temporarily interrupting and interfering with the party’s programmes and schedules. The intruders have finally seen the lights on the other side of the tunnel and moved to their newly found party and the UDM wished them well.” Said Koech.

A good number of political personalities among the Kipsigis elites insist that the Kalenjin MPs who are allied to William Ruto are thriving in politics of riding on the back of other people and as such are not leaders worth trusting. They are thriving on persistently calling the name of the Prime Minister Rala Odinga whenever they opened their venomous mouths and wherever they go. They lacked visionary kind of politics an the policy to sell to the voters apart from bashing the the hope of cutting Raila to size, and yet by doing so they are unknowingly making the PM a hero in this country.

Uncoordinated and recklessly designed attacks and unfair criticism of Mr Odinga, which some of the politicians are in the habit of using in this country to popularize themselves, is actually working in favor of the ODM leader, and those doubting this political scenario should wait and see the outcome of the next general election. This is because many Kenyans believe that Raila Odinga is the genuine and true reformist.

Agwambo is also being credited for having fought a long battle and won by making the Kenya citizens to realize the new and modernized Republican Constitution, whereas those who have since ganged up with the aims and objectives of thwarting his presidential bid have done nothing Kenyans.

So many political parties have sprung up in the recent years and months with short sighted leaders who thrives on gaining political mileage by way of incessant attacks on Raila Odinga for the cheap aims of whipping out tribal support, but according to a civic leader in Kericho County all the uncalled and unwarranted attacks by Raila’s critics appeared to have boomerang and worked in the opposite direction in his favor instead.

Councilor Nicholas Tum of Kericho Municipality says Raila is the darling of thousand of Kipsigis people who for many years were marginalized by their cousins from the North Rift who took the lion’s share during the long reign of the retired President Daniel Arap Moi. “The people of this region want to be right inside the next government and not in the periphery and the only short route to that dream is through Raila’s ODM party, and strictly not via any amorphous and unrealistic political alliances,” said Coun Tum.


Kenya, Judge: Uhuru broke law and he must face Investigation and be punished

from: Judy Miriga


I am saddened to note such irresponsible behavior of carelessness, neglect, Abuse and of impunity, and that Uhuru refused to table Appropriation Bill before adjournment for the Christmas holidays but took it upon himself to run the Finance Department as personal and private business and without following the legislative proceedure.

For Transparency and Accountability, it is a legal legislative requirement that a Legislative Act proposes for the Financial Expenditures, where they set apart funds for specific use at intervals of a given period of time. In most cases it is set on yearly, six monthly or every quarter of a year, depending on the standing agreement set by the Legislative body.

These funds are collected from financial Government pool of Revenues Collection and are distributed to meet Government expenses and expenditures.

Typically all expenditures must be put before parliament to authorize and facilitate its spending. The same must certify and confirm the balance and control of financial standing that cannot go beyond the yearly Budget. Incase of any adjustments for any reason, the same must be brought back to Parliament for Discussion and Authorization over the use of money before the spending of such Public Finances can be utilized. It is important to prioritize, asses and justify needs for the expenditure, balanced spending to avoid imbalances and give legal effect to the Budget……

The Appropriation bill also validate taxation, all bills, promissory notes and Government Bonds also relates to revenue, which are balanced yearly over income tax, collectibles and expenditure.

Tabling of appropriation bill authorizes the Government to spend public taxpayer money for a certain programe.

A financial bill sets aside money to be spent by the Government, and states how money is to be used for specific spending. An approval by Parliamentary Legislatures must consented spending of such money in a transparent and accountable manner. The Appropriation Bill must face threshold of voting to agree or not to agree.

Incase there are misappropriation, embezzlement or misuse, Members of Parliament can vote a “No Confidence” on the Minister for Finance and equally, the General Public have a right to recal or ask for removal of the Minister for Finance from his irresponsibility from carefully overseeing Public Finances.

In this case, I feel, Uhuru have gone overboard by illegally and unconstitutionally by-passing the Legislative procedure and taking advantage of running the Ministry of Finance as private household personal business.

We demand an explanation and an appeal to Supreme Court to have Uhuru refund Sh368 billion (Taxpayer money) back to the Consolidated Fund. Meanwhile, Uhuru should be removed from Ministry of Finance while investigations are being made.

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,

– - – - – - – - – - -

Judge: Uhuru broke law

The Treasury has been spared further embarrassment after a judge dismissed a petition seeking to have it refund Sh368 billion to the Consolidated Fund, which is the Government’s main bank account.

But High Court judge Justice David Majanja was highly critical of Finance Minister Uhuru Kenyatta for breaching the Constitution through his selective application of its various articles.

The ruling also brings into focus Attorney General Prof Githu Muigai, who is the State’s chief legal advisor and the first respondent in the petition, with Uhuru listed as the second respondent.

Justice Majanja was explicit that Uhuru, who is also the Deputy Prime Minister, should have tabled an Appropriations Bill as required by Article 221 of the Constitution, before seeking Parliament’s consent to withdraw money from the Consolidated Fund to finance Government operations.

“Every failure to follow the letter of the Constitution harms the Constitution itself, breeds cynicism and encourages impunity particularly when such failure stems from a deliberate effort to undermine the Constitution,” said Justice Majanja.

In contrast, he only had kind words for National Assembly Speaker Kenneth Marende.

Majanja said the Speaker displayed a healthy and welcome respect for the rule of law, and the principle of separation of powers, despite giving Uhuru a window to escape the wrath of Parliament on June 7 last year.

The last word

However, said Justice Majanja “the Judiciary has the last word in the event of dispute on the interpretation and application of the Constitution.”

He noted: “… the Constitution has ushered in a new era, not of Parliamentary supremacy, but one of supremacy of the Constitution. The superintendents of the Constitution are the courts of law which recognise that each organ in its own sphere working in accordance with law not only strengthens the Constitution, but ensures that the aspirations of Kenyans are met.”

The judge was clear that his decision to dismiss the petition was not a vindication of Uhuru’s actions, but said he was unable to grant the petitioners their wish, as this would endanger the process of implementing the Constitution given that six months had passed since the incident.

“Preparations should now be made to comply with the provisions of the Constitution in the next financial year,” ruled Justice Majanja.

Justice Majanja said annulling Parliament’s decision of June 14 would have set in motion “a chain reaction whose effects would be grave and more harmful to the implementation of the Constitution.”

He quoted Articles 3, 10(1) and 20(4) of the Constitution which he said emphasises that everyone, including State officials like Uhuru, have an obligation to respect, uphold and defend the Constitution

He defended Speaker Marende saying that he acknowledged that the law had been broken by the Finance minister, but gave proper guidance “as is required by any officer of State acting in accordance with the Constitution.”

On Sunday, political and civil society leaders challenged President Kibaki and Prime Minister Raila Odinga to ensure the Constitution is not broken.

Those who spoke to The Standard said the ruling delivered three weeks ago, but which escaped media scrutiny, brings to the fore questions about the commitment of the Executive to uphold the rule of the law and respect for the Constitution Kenyans endorsed in August 2010, hoping to end a culture of impunity.

“I therefore hold that for there to be compliance with Article 222, there must be an Appropriation Act or Bill in place and it was in breach of the Constitution to proceed to withdraw money from the Consolidated Fund without the existence of an Appropriation Act or Bill,” said Majanja in the ruling delivered on December 23 two days before Christmas.

Defended treasury

The State defended the Treasury’s actions and sought a dismissal of the petition arguing it lacked merit, was frivolous and incompetent and that it was a transition period and no law was broken.

The State denied claims it violated the public’s right to participate in budget making process and the judge agreed. The next Budget cycle for the financial year 2012-2013 begins with a tabling by March 21 this year of the expenditure estimates for various ministries as well as the Parliamentary Service Commission and the Chief Registrar of the Judiciary under Standing Orders of Parliament.

Justice Majanja said that while the Appropriations Act as allows the Finance minister to seek Parliamentary approval to dip into the Consolidated Fund, he can only do so after tabling an Appropriations Bill, which Uhuru failed to do.

Two members of the civil society Jayne Mati of Mars Group and Dennis Adieno of the National Taxpayer’s Association moved to court to seeking orders to ensure the Executive complies with the Constitution.

Maragwa MP, Elias Mbau who chairs the Parliamentary Budget Committee agreed with the judge, saying that even though a mistake was made, it is not a licence for violation of the Constitution in future. Such mistakes, he said, were only tolerable because the country is transition.

“In this crucial and critical moment every institution is bending backwards a lit bit to accommodate others so as not to have the country crumble. But it is a warning to future ministers that the same leeway will not be granted in future,” said Mbau.

Public scrutiny

The Executive Director of International Centre for Policy and Conflict, Mr Ndung’u Wainaina, dismissed the argument regarding the transition period, pointing out that it has been used by Government to evade public scrutiny.

“The argument about transition period doesn’t hold water. It is being used as an excuse to avoid public scrutiny, but the ruling is a statement to the Government that it must toe the line,” said Wainaina.

The withdrawal of Sh368 billion from the Consolidated Fund represented one-half of the total net estimates of the Government’s recurrent and development expenditure.

Wainaina said MPs who legalised the appropriation of Sh368 billion championed their own interests and ignored the Constitution.

“They are doing everything in their own interest. These people have no regard for the law at all. They are used to shortcuts because they fear to be put under scrutiny,” said Wainaina.

In his earlier memo to the Budget Committee in June, Mars Group Chairman Malibu Mati said the move was unconstitutional and asked it to intervene.

Nominated MP and Chairman of the Parliamentary Committee on Equal Opportunities, Mr Mohammed Affey hailed the court’s ruling pointing out that the culture of impunity must stop.

“No money should be used without following the law. It was wrong to allow this. The law is the law and it must be followed. I support the ruling,” said Affey.

Another member of the Budget Committee, Subukia MP, Mr Nelson Gaichuhie, said the ruling reflected the reality given that Kenya is still transiting from the old order, but pointed out that it should not be allowed in future.

“Until we form the next Government, we are still in some form of mishap. We have to transform gradually even if we are to follow the law. The good thing is that the future will have a clear cut line of doing things,” said Gaichuhie. click here to read the high court ruling

Uhuru seeks new weapon against inflation with change in tax law

By George Omondi (email the author)

Posted Sunday, December 18 2011 at 16:04

The law, however, gives Treasury a free hand to lower import duty on maize, wheat, beans, milk or rice by any amount during periods of civil strife, national disaster or calamity.

Treasury is seeking new powers to vary excise duty chargeable on goods according to the rate of inflation in yet another signal of the unease that the spiralling cost of living is causing policy makers.

Also read: Treasury falls 88pc below borrowing plan

Through amendments to be introduced in the Finance Bill 2011, Finance minister Uhuru Kenyatta is seeking powers to vary excise duty beyond the current limit of not more than 30 per cent of the applicable (official) rate.

“The minister may, by a notice in the Gazette, adjust the specific rate of excise duty to take account of inflation,” reads one of the new clauses that Mr Kenyatta will introduce in the Customs and Excise Act.

The tool would be particularly useful in the event of widespread social unrest caused by a steep rise in the price of consumer goods as has happened in recent months.

Section 119 of the Customs and Excise Act that Mr Kenyatta is seeking to amend allows him to increase or decrease excise duty by up to 30 per cent of the statutory rate without consulting Parliament.

The Act imposes excise duty on a range of goods, among them petroleum products, shampoos, deodorants, alcoholic drinks, cigarettes, wrapping materials, juices and bottled water.

Tax experts said the proposed changes imply that in future, the level of the government’s intervention may go beyond the current statutory limits if required.

“I presume the minister wants a legal backing for his past actions because he has all along been changing the specific excise rates to cater for inflation,” said Mr Nikhil Hira, a tax partner at Deloitte.

In April, Mr Kenyatta suspended the 30 per cent excise duty on kerosene and reduced that on diesel by 20 per cent to ease pump prices as high international crude oil prices hit key segments of the economy.

Sudden increases

Steve Okello, a partner at PricewaterhouseCoopers said giving the minister a free hand to vary excise duty with inflation will help cushion the consumer from sudden increases in costs such as transport.

Mr Okello said that apart from petroleum products, most goods that attract excise duty are luxuries whose pricing is irrelevant to low income earners currently bearing the brunt of high inflation

“Consumers would see huge impact on retail prices of essential commodities if the state had a free hand to tie rate of import duty on basic commodities to inflation,” Mr Okello told the Business Daily on Friday.

Under the East African Customs Management Act, Kenya has to consult her integration partners before adjusting customs (import and export) taxes.

But even as the government moves to influence national pricing, analysts are divided on the effectiveness of such regulatory measures.

“Whether or not the taxes are pegged to rate of inflation, prices are rising because of the inability by government to play its supervisory role, allowing traders to hoard basic commodities,” said Mr Otieno Odhiambo, an investments lecturer at the University of Nairobi.

In recent months, failure to supervise import licences has been blamed for the excessive increases in the price of flour and sugar, which are among the highest in the world.

“Kenyans pay about twice as much for sugar as Europeans, even though the drought did not affect sugar-producing areas.” says the World Bank’s latest report.

Kenyan consumers are paying up to $530 (Sh47, 700) per tonne of maize or more due to additional policy distortions that have disrupted the domestic food market.

This has translated to a higher price of Sh 112 per two kilogramme packet of maize flour. Kenyans paid a record $45 (Sh4, 000) per bag of maize in July 2011, which was more than double the price at the beginning of the year and about 70 per cent above the already high world market prices.

A breakdown of Kenya’s inflation by income groups shows that low income households have been hit hardest by inflation in 2011.

For instance, in October 2011, the inflation experienced by low income households was 19.6 per cent, compared to the previous year, in contrast to 14.5 per cent for high income households.

Mr Kenyatta is expected to introduce the amendments in the Finance Bill 2011 on Tuesday at the Committee Stage after having failed to do so on Thursday as Parliament adjourned early following emotive debate on Ethics and Anti-Corruption Commission nominees.

Apart from pegging excise duty to inflation, the changes are also seeking to end the current stand-off between the Kenya Revenue Authority and local manufacturers of wines and beers.

While the 2011/12 Budget Speech had changed the excise duty on beer from a specific rate to a hybrid of both the specific and ad valorem rate – in favour of the higher rate, this is captured in the Finance Bill 2011 as Sh70 per litre or Sh40 of the Retail Selling Price (RSP).

“The changes do not expressly define RSP and therefore still leaves room for different interpretations between manufacturers and KRA officials,” said Mr Hira.

Mr Kenyatta is proposing to amend the Customs and Excise Act to include RSP as the basis for computing excise on locally manufactured beer and wine.

Mr Hira, however, says the amendment still fails to define what RSP is, presenting a problem to the alcohol manufacturers since they do not have direct control of the price that the product is eventually sold at the marketplace.

Kenya: What next after judges’ ruling on election date?

from Judy Miriga


Raila Odinga held a strong lead in vote counting on December 28th 2007, and the whole country was a lit and I received a phone call declaring Victory for ODM on December 29th 2007. Early on December 30th, it turned that Kibaki won, but hurriedly there were confusion at the returning counting hall where Kivuitu and Martha Karua with other ODM members to include Orengo and Prof. Anyang Nyongo with Kosgey were having heated argument with Kivuitu and Martha Karua, pleading with Kivuitu not to declare Kibaki the winner until they are heard and the matter is resolved.

Martha Karua and Kivuitu decided to take the Certificate to Kibaki and were later seen at the inauguration ceremony at the State House, having announced on the same day within a few hours that Kibaki won.

The Chairman of the Electoral Commission, Samuel Kivuitu, said that while irregularities did occur, they were a matter for the courts to settle and not the Electoral Commission. Kibaki as he was being sworn in, he said that he had been told by his people that he had won, after he was sent the certificate……He then maintained that it was the Verdict of the people”……and so, it must be respected.

Kivuitu said that there were some problems in the vote counting, noting that in one constituency voter turnout was reported as 115%, this was later clarified by Kivuitu appearing in an interview by Nation Television, was due to a double entry of one polling station in Maragua Constituency on the parliamentary tally and not the presidential tally. According to the European Union’s head observer in the election, Alexander Lambsdorff, the election was “flawed”, and the Electoral Commission failed to establish “the credibility of the tallying process to the satisfaction of all parties and candidates.” The United Kingdom’s , David Miliband, he said that there were “real concerns” about the election. While the United States congratulated Kibaki and called for the results to be respected, but it also expressed concern after pressure was made from Diaspora’s demonstration and on January 2, 2008 a spokesman for the U.S. State Department declined to confirm U.S. recognition of Kibaki’s victory. At this point, Kivuitu said on January 2 that he had been pressured by PNU and ODM-K (Kibaki’s and Kalonzo Musyoka’s parties) into announcing the results without delay, declaring Kibaki as elected winner; claiming that he did not personally know who really won.

Immediately after elections were rigged in Kenya, the US Ambassador to Kenya, Michael Ranneberger, was confronted by journalists at Kenyatta International Conference Centre and asked what he thought about the results. To the utter shock of Kenyan viewers who were watching the event live on TV, Ranneberger accepted the results, congratulated Kibaki and asked the losers to go to court to seek redress. The Ambassador was speaking the “court language” of Samuel Kivuitu, Martha Karua, Moses Wetangula, Alfred Mutua, John Michuki repeated severally that ODM should “go to court” following the stealing of Raila’s Presidency.

What surprised many is how quickly Raila with his Son had made private arrangements to meet with Kibaki without the Pentagon Team of his ODM, while Kibaki brought along his Team from PNU…..He became very adjustable and comfortable with Martha Karua with Wetangula and rumors took its turn that he had strike a deal with Kibaki…….this was shocking to many of us and we got very angry and confused.

The situation was brought to normality after the US and Kofi Annan with team arrived for reasonable Reform Agenda which brought about the Coalition Government in place.

The Coalition Government under the two Principles were to see to it that the Local Tribunal was put in place according to Reform timetable. Many politicians had campaigned against the local tribunal and voiced support for the Hague option in the belief that it would take a long time for Kenya’s case to come up at the international court. Some people feared they were in the secret list drawn up by the Waki Commission, and therefore did not want a local tribunal that would handle their case immediately. The Bill for Local Tribunal received support from Mr Annan who is supporting the establishment of a local tribunal to try lesser offender while the ICC tries the masterminds, and so a deal Agreement was struck by the two Principles to form the Coalition Government with an understanding that the Coalition will follow and go according to the timetable of the Reform Agenda to Referendum and consequently conclude the New Constitutional order according to Public Mandate, leading to election within a framework of five years.

The Reform Train:

With the shove and push from angry Kenyans and Diaspora, we saw through frustration the Reform Train developing serious mechanical problems, moving too slowly and veering off the rail from Public Mandate Interest to Special Interest under “Free Trading Enterprising” and where Public Wealth became the target by Special Interest Cartel. The preying eyes targeted Public Corporation, Public Facilities and Utilities, Public Land, Natural Resources, Oil and Gas Resources, are being dished out carelessly in a hurry, without proper planning or balancing, and funds are transferred and banked in private accounts. Misappropriation and mismanagement of public funds became the order of day. International Loans and promissory agreements incurring billions of sums of dollars instead begun to disappear. Free Primary Education Fund did not fizzle down to the intended program but disappeared into individual accounts and those involved, even after public cry, were kept in public office without any proper investigations done to curb leaders who are responsible for the Education Ministry. A loan of 8 billion for Kazi kwa Vijana funds meant to create job opportunity for the youth, disappeared from Prime Minister’s Office under his watch. Vision 2030 took a centre stage, spending huge sums of Public finances and resources without Transparency or accountability…….A lot of other public funds were spent on careless shuttle diplomacy to lobby and protect the interest of those criminal suspects targeted at the ICC Hague…..The general public begun to feel the economic crunch in economic financial instability when “Ponzi Scheme” and “Hedge Funding” failed to balance the corrupt expenditure pushing the country into serious financial deficit which affected fundamental demands through the “Bubble Burst” in high rising costs of basic needs.

Although the two Principles of the Coalition government constantly are heard saying that they are both keen in implementing Reform to avoid a repeat of the post election violence, the general public do not believe them. The truth is, they are both seen working towards self greed of the International Corporate Special Interest cartels in a closely-knit network which is working against Public Interest and are stealing public wealth and transferring the same to private and personal accounts, and it is the reason why Public Institutional system is falling apart and employment are diminishing, drug trafficking and human organ and trafficking with crime and insecurity are rising at an alarming level, destroying fabric of Nationhood, livelihood and survival. Poverty with poor health has become a menace, high rise cost of food, power and water is out of reach and people cannot afford high cost of basic needs, and lastly, the environmental pollution has become hazardous and toxic ……….

The Devolution of Counties for Senate Reform has been blocked by the Cabinet and Finance Bill is being shaped to serve Special Interest instead of Public interest according to Public Mandate at Referendum. The New Constitution is being broken down and changed against public mandate.

For what purpose will the people of Kenya accept to retain the two Principles Coalition Government after their term of office expires, knowing too well that, their continued stay spells doom and is a disaster, that their continued stay is a way to severe and destroy public wealth, exterminate lives, paving way to the Special Interest cartel network to invade and steal the country’s resources under “Intellectual Property Thieving”, or make it difficult for the public to have peace or be united under love (in a divide and rule) blocking all ways or hope to have or achieve opportunity for Progressive Agenda for development under Mutual common interest of all stakeholders…….

Things must change for the better and it can be done with a drastic change by those willing to realistically inject change that can benefit the Public Interest. In other words, public interest must be put top in the agenda of Reform……

It is Against the Constitution to Change Election Date Unless it is done through a Referendum:

With the information stated above the following is a crucial concern that must be observed:

1) it is illegal and unconstitutional for the High Court to provide an option for the change of the Constitution to 2012 or give the two principles a choice to dissolve the Coalition Government, except, if the ICC Hague confirms the Ocampo six, it will be clear that Kibaki will have to appear as a witness and confirmation that Kibaki stole election will be evident enough to diprive him of holding his position as a President.

2) There is a laid down procedure for the Reform Agenda to change course from the two Principles of the Coalition government and the Supreme Court, the CIC of Nyachae Commission with the Speaker of the Assembly of the Parliament are obligated to form a Caretaker Committee to formalize the remaining Reform Bills and settle process for election.

3) The Coalition Government of Kibaki and Raila have failed and lost all credibility and trust from the Public and believing they have any will to deliver and complete reform without throwing the country into chaos is hard to believe…….

4) Both the two Coalition Principles are panicking and are both engaged in dangerous corrupt practices that must be urgently stopped and halted…… their corrupt actions have resulted in a timed bomb from grouping and regrouping of those engaging in corruption, impunity and graft against the people of Kenya

5) It will be difficult to punish or set up the Tribunal Court in Kenya to charge suspects of 2007/8 election crime if the same High Court has mentality to scuttle election by providing a ruling to extend election to 2013, and knowing how corrupt and difficult the two Principles are, giving them an option to dissolve the Coalition Government…….this is tricky and cannot be relied or trusted…..It is giving a lee-way for the corrupt to destroy Kenyans and Kenya…..They have done it before and they are able to do it again.

It is for this reason, Willy Mutunga, leadership of Nyachae and Speaker Marende must take their rightful position in the Reform process and do the needful……….The mood is sombre and people are extremly very angry………..

With the dram we have witnessed, it is clear that even if they are given an additional time, they still do not have the will or momentum to serve public interest as they already have vested interest of Special Interest where they are sharing in the corruption stealing from the public wealth………

We need help urgently from leaders of the World, the United Nations Security Council, from friends and sympathizers good people of the world to help step in and save a situation. People’s lives in Kenya are at stake and the wicked are set to destroy innocent lives for the sake of selfishness and greed……….This Kenya’s situation if not watched carefully will affect the whole world because of the International Special Interest Cartel Network………It is wiser to arrest this situation now than later……..if two more weeks is left to pass, the situation will be disastreous………

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,

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— On Sat, 1/14/12, maurice oduor wrote:

Subject: Understanding the Elections Date Ruling.


I believe that even incapacity of one of the Principals (Raila or Kibaki) will not create a power vacuum. Kalonzo can jump in for Kibaki, and Mudavadi for Raila.

But this ruling is not one that Kenyans welcome. Elections should be held by December at the latest. The extra 3 months upto March 2013 is a money-grab by the MPs. I would support the ruling if MPs stay unpaid for those extra 3 months.

Oduor Maurice

— On Sat, 1/14/12, Evans MACHERA wrote:

· Kenyans must appreciate the teething problems occasioned by the New Constitution, Coalition Government and competitive politics seen in the prism of succession , tribal affiliation and the unintended Coalition Government that was formed after the highly and or heavily disputed 2007 presidential results.

· At no time shall there be a vacuum in the government and so , the current coalition government can only end courtesy of a joint agreement/ consultation in writing,by the Principals or withdrawal by one party, or incapacity of one of the principals.

Further,the New constutution did not do away with the manner the current coaltion government can dissolve or end its term.Its thefore important to read the constitution with all other enabling laws possibly applicable and implimented with the spirit with which they were made.

Hence the courts could not have come up with a ruling that is in vain – difficult to implement.


— On Sat, 1/14/12, otieno sungu wrote:

Gitonga Maina,Wams, Kuria, Oduor, Kombo and all others,

Thanks for your encouraging words, we are keeping the fire burning, besides that, we are working on bringing progressive leaders together so that they can eventually converge their progressive ideologies and have one of them run against the status quo folks.

This would be the surest way against the well entrenched and financially endowed status quo.

As for media talk shows, we will get there, even the Bench we shall do, just like we shall be at The Breakfast Show at Citizen soon.

Already, The Star is keen on our articles, slowly, we are beginning to get attention from mainstream media.

It has not been easy but our resilience, steadfastness and focus is winning Vugu Vugu Mashinani accolades around Kenya.

We have been invited to several forums across the country, Oduya has done some travel and so have I as we continue to activate networks that will be handy when elections come.


Otieno Sungu.

My Take on Baraza, Election Date, ICC & Decisions.

from Joram Ragem

Baraza may just become the first casualty of the end of the era of impunity in Kenya.

Perhaps the era or ‘Big Man’ is over. But lets hold our breath. Baraza has been accused, and a ‘grand jury’ in the auspices of JSC has indicted her. She is suspected of having misbehaved. She has not yet been charged with any criminality. Keriako Tobiko has not confirmed that she should be prosecuted. On their part, the grand jury comprising of the JSC members have recommended that she be suspended and tried.

Only next week or so, ICC is also coming up with a decision. If any of the Ocampo Six are indicted through confirmation buy the grand jury also called the pre-trial chamber, they too must be suspended. No Government official should continue to work while the trial is going on. Even Sang should be suspended from Kass FM if he still works there. Otherwise, it will make the Baraza case look worse than Lynching. Why? Look, she is accused of misbehavior, not crimes against humanity.

Lastly, here is my take on the court ruling on the election date.

I think the judges are either morons or are under the influence of certain politicians, or certain politicians drugs. Why? Look, we all know that the Principles in this coalition government have brought us where we are because of refusal to accept certain decisions or their own indecision. We gave this case to our celebrated Chief Justice, and he passed this very important decision to a junior court. The Junior court was give a case to make a determination on 3 questions. 1. Should the election date be in August as is explicitly written in the constitution? Should it be in December before the anniversary of the previous election? Or is it in January after the end of the 10th Parliament. As learned as these folks are, they did not pick one specific date. In fact, they have created a national disaccord about the date of our next elections.

Yet in memory of all who have lost their lives in pursuit of a harmonious Kenya, we the commoners must just sit on our fingers, until these folks decide for us yet again. Or else, we can liberate ourselves buy performing a civilian take over, like it has been done in many other places. Your guess is right. The former is the better option.

I am Joram Ragem.
You are not.

Kenya: JSC petitions President to suspend Baraza, appoint tribunal- A victory to impunity?

From: Tebiti Oisaboke

Fellow Kenyans

Finally we seem to be getting somewhere at least judicially. Its about time we should start seeing the judicial reforms in our new constitution take effect among all Kenyans regardless or tribe or status quo in society. This is very encouraging news that will send a clear cut message to all big public gurus who have hitherto been thinking that they are “legally” untouchable and above the law. Staying the suspension in this case sends a message to the Kenya’s public gurus and should be welcome by Kenyans from all walks of life especially the poor and defenseless masses. Sure, Baraza is entitled to her day in court as any other ordinary citizen. The JSC has ordered suspension of DCJ Nancy Baraza who might be facing illegal gun charges and physically assaulting a security officer at the Village Market on new year’s eve. This is a milestone breakthrough to the culture of impunity in Kenya. Judge Baraza has been in the eye of the “storm” in Kenya’s public media and the judiciary has been placed under a tight microscope observation to see what action it will take to discipline her. Well the JSC has recommended her suspension after the conclusion of the preliminary investigations by a committee which was appointed by CJ Dr. Willy Mutunga.

Her track record is in question even though some people have been sympathetic to her saying she was otherwise a good person who fought for our reform changes when she was in the civil society movement. That is well and good enough but this should not pardon her from her alleged public misconduct. DCJ Baraza should know better about the constitutional law she fought so hard to uphold than someone like Sonko Mbuvi. The ball is now in the principals’ court to lead us forward from here. May the Holy Father bestore wisdom upon them and make a wise decision to Kenyans. We need them to prove to us that they are out to fight this culture of impunity and discrimination by top public guru personalities.

have a good weekend and May God bless Kenya



From: Judy Miriga

Yes Oduya,

It is without doubt, and going by the same vain of Memory lane, the Ministry of Natural Resources, Environmental and wild life (Government Employees there are full of Nabongo Clan) it is the same group which negotiated deals to sell off Migingo to Uganda including the Control of Lake Victoria on the side of Kenya and sharing the loot with Museveni of Uganda, with the James Shikwatis connections. They are moving towards taking complete control of Osienala away from the Luo Community. Uriri is in their hands, the whole of South Nyanza is targeted and the Luos are being pushed to Concentration camps. It is speculated that these are the reasons why the deal maker faked reason of the serious weed conflict in Lake Victoria and Kasim Owango had to pave way for the UNTOUCHABLES ………shortly after, very sad indeed Kassim Owango met his mysterious death with no investigations done…….It was let go so easily. Yes, because Luos are under siege and will say nothing, Raila will elbow you to get off out of their way, if you dont, you are dead meat…… is because of the same corruption of “Barrr wa Barrr” ………which if they are left to continue, we will be no more…….with all these smokescreen we cannot sit prety, we will fight harder than ever before……Raila dug a hole for us, a hole he will fall in it himself……… he planned and authored the precidence conflict of interest over our interest and cultural values, he supervised our destruction and the stealing of Luos wealth, but very unfortunately, it is against God’s wishes………and he will not succeed in his mission, he will pay back all that he has stolen with interest on top of it…….I am a victim of circumstances, but this behavior must be put to an end……..

Their is a huge surprise that after election Raila & Uhuru will rig election and will form a Coalition Government just like they are enjoying it with Kibaki now………….The Deal Agreement is “Barrr wa Barrr”……So why bother with Raila and the corrupt………Let us turn a new page, let us elect fresh, non-corrupt, new people on the block………It will be easier for us to make the New Constitution a reality in a New set-up system, so that in Mutual Business Agreement and Partnership undertaking, all stakeholders will benefit fairly without discrimination or favour, and Public Revenue distributed and spread out fairly for Welfare Development in a Devolved system of Governance. We must give corruption a final blow people…….

Can you not see how suddenly Baraza became very Bossy, see how she has decided to stay put, like the untouchables, she stays adamant and will not step down came rain come sunshine……..Yet she knows too well, her stay in office jeopadizes her investigation, and that the New Constitution for which she was hired states clearly terms she should respect…….more so, after she made public utterances of the situation being unfortunate, was she not sane enough to excercise restraint. She took laws in her owns hands, the thing, if power did not get into her head, she could have easily avoided. This is an act of BULLY……Raila style……Let us not be cowed people…….. This is why Nancy Baraza too must step down for proper investigation and justice to be done fairly without conflict of interest suppressing justice.

People, God left Raila a long time ago, we must wake up and save lives, call a spade a spade, Reject Raila with his corrupt deals and we must start a fresh before we are all consumed………

We dont want memories of the white car being brought back, it is a slap on the face with too much “Rao type of kanyaga” ……..”ngato toyo kwesu meru to iling a linga”……meaning that somebody is breaking your mothers smoke-pot and you are just siting prety………..these are terrible mis-givings we must not continue to accommodate……….for which case, Justice must prevail and the New Constitutional order must go according to public mandate……

It is the way to go people………

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,

– - – - – - – - – - –

— On Thu, 1/12/12, Judy Miriga wrote:
— On Thu, 1/12/12, Ericson Oduya wrote:

From: Ericson Oduya

Judy Nyathiwaa,

Did you forget that it is the same Nabongo family that benefited from the Cementry Land Scandal and they were untouchable? Does it bother you that it is the same Nabongo family that is being paraded for Governorship in all the major cities in Kenya? Just the other day, RAO sent a delegation to Dr. Evans Kidero to prevail upon him to step down for Kisia; reason? Kidero comes from a heathen family while Kisia comes from the Royal Nabongo family.

Kenyans are watching this One Dangerous Man………………


Miguna Miguna’s Latest Interview

Video 1

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Kenya: Banned HIV Test Kit Still Used in Nyanza
Samuel Otieno

2 January 2012

HEALTH officials in Nyanza province have approved the use of the standard diagnostic Bioline kits for HIV testing despite a state and World Health Organisation ban on the gadgets over inaccuracy.

The Ministry of Public Health recalled over one million of the South Korea made HIV testing kits after a global alert by WHO.

However yesterday the kits were still in use at major health and testing facilities in Nyanza province despite a circular from the ministry to replace them with Unigold, which was previously used as a first line test kit.

Nyanza provincial director of public health and sanitation Jackson Kioko defended the use of the banned test kits in the province saying the faulty gadgets were never dispatched to the province. “We are aware of the recall but in the case of Nyanza there is no need to fear since the batch that had the faulty gadgets were not dispatched here,” said Kioko.

He said those who were tested using Bioline have no reason to fear since the kits in the province have not shown any discrepancies. While withdrawing the gadgtes, director in the ministry of Public Health and Sanitation Shanaz Sharif argued that the Standard Diagnostic Bioline, one of the three kits used for HIV testing in the country, had diagnosed patients as HIV negative when they were positive.

However, the provincial director said cases of discrepancies have never been detected by the use of the Bioline kits delivered in the province for the last two years hence the need to continue using them. “What we did we withdraw were some ARVs and that was long time ago, our kits are not among the faulty one, so we will continue using them unless advised otherwise by the Ministry”, added Kioko. The ministry had earlier directed provincial directors and Aids and sexually transmitted diseases sector stakeholders to withdraw the kits estimated to be over 10 million from the facilities and replace them with Unigold as a first line test.

However, health experts said the faulty of the Bioline kits has less impact since it is only used in confirming positive results which is less than 5 percent of the total test carried in health facilities. Bioline is among the three test kits used to check the presence of the HIV.The first test is done by the Determine kit, and confirmed with Bio line in case of positive results and subsequently Unigold in case of contradicting result in the two first steps. With withdrawal, Unigold will be used as confirmatory test kit and the Elisa method as a tie breaker in case of discrepancies.

MPs Query Wetangula’s Re-appointment

Uploaded by kenyacitizentv on Nov 9, 2011

The decision by the two Principals to recall Sirisia MP Moses Wetangula to the Cabinet after Wetangula had stepped aside from Government to pave way for investigations into a multi-billion – shilling scam involving the alleged disposal of Kenyan assets abroad was the subject of heated debate in Parliament Wednesday afternoon. MPs had sought to know from Prime Minister Raila Odinga under what circumstances Wetangula was re-instated to the Foreign Affairs docket, yet other ministers who had stepped aside under similar circumstances never made it back to the Cabinet. But, Odinga told the August House that no domestic inquiry into the scandal surrounding the purchase and disposal of embassies abroad ever implicated the Sirisia MP. MP’s however put the Government on the spot, accusing it of applying double standards, with Ikolomani MP Dr. Bonny Khalwale accusing Odinga of securing Wetangula’s reinstatement to serve his own interests. Hussein Mohammed with that report.

Wetangula’s re-appointment opposed

Uploaded by NTVKenya on Aug 25, 2011

A section of Members of Parliament have objected to the reinstatement of Moses Wetang’ula and Thuita Mwangi to the Ministry of Foreign Affairs as minister and permanent secretary respectively. The MPs also want Transport minister Amos Kimunya sacked since the House passed a censure motion against him three years ago.

Wetangula Reinstated As Minister

Uploaded by kenyacitizentv on Aug 24, 2011

Moses Wetangula has been reinstated as Minister for Foreign Affairs. Thuita Mwangi who had also stepped aside as PS was also reinstated in the reshuffle announced by President Kibaki in consultation with PM Raila Odinga. The two had been adversely mentioned in connection with the Japan Embassy house scam. The question after their reinstatement is what happened to the scam? were they cleared?

Watch This …..???

Mega land corruption hits Kisumu Town!

Report By Ndira Uradi In Kisumu City

Mega land scandals in the Kisumu Municipality has reached its climax following the disclosure early this week by the Town Clerk that his life was in danger following threats issued by fellow senior chief officers of the Council and other stakeholder.

The Town Clerk Christopher Odhiambo Rosana, a man who is well known for his tough administrative prowess and management expressed fears that his life was in danger and alleged that he had threatened by some senior Council officials.

At the same time two senior officials of the Council were summoned to the district CID offices in Kisumu where they were reported to have recorded statements with the police. There has been some disquiet and complaints to the effect that senior council officials and some unscrupulous civic leaders in the lakeside City were involve in rampant corruption in regards to illegal sells and allocation of land plots.

As the result of this illegal transactions involving public utility land, Council houses and all available land pace in Kisumu, some of the officials and their accomplices have become millionaires overnight.

At first it was thought that the civil leaders and the chief officers wanted to deplete the town of its prime land for the future development and expansion a head of the arrival of the County governance. The have so far left the Lakeside City with no land space for future development, especially industrial expansion and housing development schemes. Almost e every single piece of land in Kisumu has been sold to either individuals or to the rich individuals. And those suspected to be involved in the scam are said to have minted millions of shillings.

The issue has been in the public domain for a couple of years. Insiders now say that Kisumu is a City with no land for both business and industrial expansion. All the land available including the one belonging to Kisumu Municipal Council as well as its house has been sold.

When he arrived in town about three months ago and took over as the new Town Clerk, Mr Odhiambo Rosana had introduced stringent administrative rules that requires all members of the staff to account for their activities and to disassociate them from any kind of land transaction. This has seen many senior official getting cautioning letters while either have been reprimanded to mend their ways, other faces suspension pending investigation to establish their involvement in the “Mega Land Scandal”.

These stringent measures have earned the Town Clerk many enemies within the same institution. And on Monday this week, Mr Rosana reported to the Kisumu CID that he had received several calls threatening his life.

The Town Clerk is reported to have rubbed his working colleagues the wrong way by having revoked some land sales and allocations, which he felt were irregular in terms o hr law governing such allocations and transaction and had instituted investigation or revoked them altogether.

Instead of the wronged plot owners seeking legal redress through the established courts of law, they have resorted to using oblique techniques of issuing threats to the Town’s Chief Administrator. What has so far not been divulged to the public is the stance of the Mayor Coun.Sam Okello whose administration has witnessed one of the worse land scandals in Kisumu ever since independence in 1963.

Mayor Okello is said to be enjoying the patronage of the Prime Minister Raila Amolo Odinga and he is a an ODM nominated Councilor who had contested the election in Muhoroni on a KANU ticket, but after he was beaten hand down by the current Muhoroni MP Prof Patrick Ayiecho Olueny, was later imposed on the elected civic leaders in Kisumu against the amid vehement opposition by the elected civic leaders under the pretext that he was an industrialist and businessman magnate in the Coastal City of Mombasa and would import his experience to to create business opportunities and good investors environment in the City.

Raila had to intervene personally in order to have Mayor Okello’s re-elected for the second term last year when civic leader were coerced to vote for him or the second term.

Rosana said that his concerted effort to fight corruption and restore sanity in the Council could be the reason why he he is being threatened.

He added, “It is true I have been getting threats and some of them have gone as telling me to go slow over several issues. I suspect they are unhappy with my management and want to scare me out of the Council, “ said Rosana.

Land Minister James Orengo is being accused of presiding over the most corrupt ridden Ministry. In some outpost’s districts such as Migori, Homa-Bay, Kisumu and Siaya corruption is still thriving. Some of the land officers and district surveyors are acting as if they were magistrates and judges, at time even conspiring with the interested parties in blocking court’s directives.

The End


from odhiambo okecth

I do agree.

Time to concentrate on Nation Building.

One funny thing, bloggers will fall themselves head over heels discussing this now. Yet, it is a sure way through which they are kept busy as serious staff is cooked somewhere else.


– - – - – - – - – - –

From: Henry M. Mwereria


I believe Kenyans can now concentrate with nation building knowing clearly that elections will be held in March 2013. This comes from my believe that the two principals will never agree to terminate the National Accord till its sale by date. High court has given two scenarios today. That of terminating the National accord so as to hold election in 2012 or wait till it expires next year. Of course you must agree with Prof. Okot P’Bitek that ” All african leaders are self seeking scoudrous, they think from their stomach rather than from their heads”. What do you think?


Kenya: Security Forces Abusing Civilians Near Somalia Border

from Yona Maro

(Garissa) – The Kenyan security forces are beating and arbitrarily detaining citizens and Somali refugees in Kenya’s North Eastern province [], which borders on Somalia [], despite repeated pledges to stop such abuses, Human Rights Watch said today.

On January 11, 2012, in the latest of a series of incidents documented by Human Rights Watch since October 2011, security forces rounded up and beat residents of Garissa, the provincial capital, in an open field within the enclosure of the local military camp. A Human Rights Watch researcher witnessed the incident.

“When military officers can beat civilians in broad daylight without fearing repercussions, it’s clear that impunity has become the norm,” said Daniel Bekele, [] Africa director at Human Rights Watch. “Repeated promises by both the police and the military to stop these abuses and investigate have amounted to nothing.”

The Kenyan police and military have been responsible for a growing number of serious abuses against civilians since the Kenya Defence Forces entered southern Somalia in October, with the stated aim of eliminating al-Shabaab, an Islamist militia. The same month, suspected al-Shabaab sympathizers initiated a series of attacks against police, military, and civilian targets in Kenya.

In response, members of the security forces have been responsible for rape, beatings, looting, and arbitrary arrests of civilians. The crackdown has largely targeted Somali refugees and Kenyan ethnic Somalis, but residents of other ethnic backgrounds in North Eastern province have also been victimized.

The incident in Garissa on January 11 involved Kenyan citizens who told Human Rights Watch that they had been arbitrarily detained by the military. One of them, Ali Ibrahim Hilole, was at a shop across from the military camp buying items for a hospitalized relative when a military officer said to him: “Why are you standing here? So you’re al-Shabaab.” Soldiers forced him to accompany them to the camp, where they kicked him and told him to roll around on the ground.

Yusuf Khalif Mohamed, a long distance truck driver, stopped in Garissa for a soft drink on his way from Mombasa to Dadaab, where he was to make a food delivery for UNICEF. He parked his truck near the military camp, not knowing that parking was prohibited there. A military officer forced him to come to the camp, where soldiers threw a 20-liter container of water on him, forced him to roll on the ground, kicked him on the side, and hit him on the head with the butt of a gun. Mohamed told Human Rights Watch that one of them said, “I think you are al-Shabaab. You are bothering us in Somalia, and now you’ve come to bother us here.”

Both men, along with at least five to seven others who were similarly detained and mistreated – most of them truck drivers, and all of them Kenyan citizens – were released after 30 minutes. They were not interrogated or charged with any crime.

A Human Rights Watch researcher who attempted to visit the military camp to speak to the officer in charge witnessed soldiers forcing several men to lie down in the dirt and forcing another man to frog-jump across the field and to assume various gymnastic positions. Military personnel refused entry to Human Rights Watch, one of them stating, “There are no human rights here.”

The military spokesperson, Maj. Emmanuel Chirchir, said by phone from Nairobi that the people held at the military camp were being questioned because they had tried to build an illegal structure to sell things outside the camp. Chirchir said he did not have knowledge of any abuses, but assured Human Rights Watch that the military would investigate the allegations.

The events in Garissa follow a series of human rights violations by security forces against ethnic Somalis and others. On November 11, soldiers in Garissa rounded up ethnic Somalis arbitrarily on the basis of their appearance, beat them, and forced them to sit in dirty water while interrogating them.

On November 24, following two grenade attacks on civilian targets in Garissa and an improvised explosive device (IED) attack on a military convoy in Mandera, police and soldiers rounded up hundreds of suspects in both towns. Some were beaten so severely that they suffered broken limbs. In the days following the attacks, suspects were arrested at random. Human Rights Watch interviewed some who were taken to Garissa military camp and forced to do humiliating exercises, such as standing on their heads, and were beaten if they could not comply.

Explosions in the town of Wajir in early December were also followed by arbitrary arrests and beatings. A local activist in Wajir told Human Rights Watch that after an IED went off on December 12, injuring an intelligence officer and several others, police and soldiers rounded up and beat ethnic Somalis over the next three days.

“They criminalize all Somali people,” he said. “Whenever a crime is committed, detaining and torturing people doesn’t seem like a good security strategy. It is creating a barrier between the people and the security forces.”

The worst abuses took place at Dadaab, home to over 460,000 mostly Somali refugees. A police officer was killed by an IED at Dadaab on December 5, leading to arbitrary arrests of those in the vicinity. After further explosions targeting police vehicles on December 19 and 20, one of them killing a police officer, police reacted angrily, beating refugees, and, in several cases, raping women. The chair of the Supreme Council of Muslims of Kenya, which conducted investigations in the camps, said that Kenyan police raped at least seven women following the explosions. Other victims suffered broken limbs.

A Garissa-based organization, Citizen Rights Watch, found that on the same occasion police looted dozens of shops, stealing over 27 million Kenyan shillings (US$310,000) worth of property and money that refugee traders stored in their shops.

Garissa residents interviewed by Human Rights Watch complained that police have not conducted thorough investigations to identify the actual perpetrators of either the initial attacks or the subsequent abuses by the security forces.

“Kenya’s security forces are rightly concerned about attacks by suspected al-Shabaab members, and should be doing more, not less, to identify the attackers,” Bekele said. “But beating, raping, and humiliating innocent Kenyan citizens and Somali refugees accomplishes nothing. Those in the security forces who are responsible for these abuses should be investigated and prosecuted.”

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Kenya: Raila Leads In Latest Opinion Polls

PM Raila Odinga is the man to beat in the forthcoming General Election. This is according to the latest Insight Strategy Solutions Research opinion poll that shows the PM leading at 34.7% followed closely by Deputy Prime Minister Uhuru Kenyatta at 30.7%.
The third most popular candidate is Vice President Kalonzo Musyoka who got 8.2% and the fourth candidate is Eldoret North MP William Ruto who stands at 5.7%. Gichugu MP Martha Karua popularity according to the opinion poll stands at 3.7% while Internal Security Minister Prof George Saitoti got 2.6%. Another contender Peter Kenneth has 1.6% while the combination of the rest of the candidates who have announced their intention to vie for the seat will get a total of 2.7%. Another important factor in the opinion poll is that a bigger number of Kenyans are still undecided on who they will vote for. The figure of the undecided according to the opinion poll stands at 8.8%. According to the Insight Strategy Solutions Chief Executive Idy Pembere, the PM appears to be losing ground while Uhuru Kenyatta is gaining ground. Some of the reasons for Odinga to be losing ground according to the poll was the controversial Miguna Miguna sacking saga and the just concluded ODM elections that were chaotic. Pembere on the other hand said Kenyatta is gaining ground owing to sympathy due to the ICC case facing him.

Latest Opinion Polls Raila Leads the Presidential Aspirants
The latest opinion poll on presidential politics in Kenya was carried out in January 2012 by Opinion Polls and strategic solutions company known as Insight strategic solutions. The polls released on 11th January 2012 captured information about the popularity of presidential aspirants such as Raila Odinga, Uhuru Kenyatta, Kalonzo Musyoka, William Ruto among others.

The most notable was that Raila Odinga, the Prime minister has the highest popularity, followed closely by uhuru Kenyatta.

Raila Odinga was ahead by 34.7%, Uhuru kenyatta got 30.1%, Kalonzo Musyoka got 8.2% while William Ruto got 5%

ODM as a political party is the most popular at 37% PNU following at 35% whereas Kanu has 10.2% Wiper Democratic Movement led bu Kalonzo had a popularity of 6%. UDM was only popular with 1% of the respondents.


From: Tebiti Oisaboke

Dear fellow Kenyans

Police Commissioner Mathews Iteere is one of the candidates who have been shortlisted to the newly created Director of Police vetting process. However, its unbelievable to hear that Comm Iteere has been doing shoddy investigations pertaining to white collar crimes committed by the mighty and powerful individuals. All the white collar criminals’ files he has forwarded to the DPP’s office for prosecution are returned to him because of one reason or another. Mr. Keraito Ole Tobiko has returned several high profiles files to Comm Iteere with recommendations that the evidence given is inadequate. Mr. Ole Tobiko returned the file of the late second year student at the U of N Ms. Mercy C. Keino and asked Iteere with his lieutenants to redo it over and present the file back to his office in two weeks. That was last summer and to this day we haven’t heard whether Comm Iteere ever concluded his assignment and hand in Mercy’s file so that her family may get the justice they have so long yearned for. This is because the culprits who are involved with Mercy’s brutal death are untouchable powerful drug barons. The evidence adduced by the eyewitness who were present at the scene of murder said it all. Why was the host never interviewed? Why were the guards transferred to another location/cite? He conducted a hasty investigation of which was going to exonerate all the culprits. The Olympian, Mr. Samuel Kamau Wambui’s murder mystery has not been settled in court yet. How long does it take him to investigate any case marked “URGENT”? He seems to spend a tone of public time investigating one case thus waisting tax payer’s money. And when he finishes one case, its not strong enough to send the white collar criminals on vacation behind bars or in the joint for a long time.

This is exactly what he did with Baron John Mwau’s case. He did a shoddy investigative job which even the judge wondered where his detectives were trained. He threw the case out of the window and Mwau walked out to the streets a free man. Other examples are Hon Samoei arap Ruto’s Ksh 276 Million case. Lack of sufficient evident exonerated Ruto. Sonko Mbuvi is still entertaining the Nairobians with his Akamba jigs outside Tinga’s office. He has been arrested several times and he says posting bail is not a big deal to him and his solders. All he tells the judge is “Give me the figure”. He dished out live goats and cows to his solders for Christmas, I hope he remembered his judge too. A Mr. Kobia who came to the limelights when the DRC gold saga was unearthed walked out of court a free man too for lack of evidence. The man manufactured billions of Kshs out of the loot. And is resting at his home enjoying the proceeds while Kabila Jr. is still scratching his head to death. There are very many scandals involving senior civil servants which have taken place under Iteere’s watch. Take for example the FPE funds, nobody has been aligned before the court of law to face fraud charges. Jr who is Kenya’s treasury custodian passed the bill to the common tax payers to foot the bill and refund the donor’s cash back. How long are we going to do this with Iteere sleeping carelessly on his job? How about those who grabbed state land and built homes on them? Case of the 2007/08 election perpetrators who were supposed to be tried locally hasn’t taken off the ground yet. And the list goes on and on.

Yesterday, the DPP Mr. Ole Tobiko returned the DCJ Baraza’s file to his office citing lack of congruent evidence to prosecute her. Comm Iteere had hurriedly conducted his police investigation and convinced that they had solid evidence to charge Justice Baraza with an illegal fire arms possession, forwarded the file to Tobiko’s office for action. However when the DPP perused through the file he found out a tone full of errors and returned it back to Iteere with instruction to correct the errors and send it back in two weeks. I hope this time the two weeks will not turn out to be two years just as it has taken that long to arrest and produce those behind her murder. Comm Iteere had strong vowed to resign if DCJ Baraza will not be prosecuted, now since the file has been taken back for further investigation, is he still debating on when he is gonna step down in protest? We are anxiously waiting to see that happen and he will be the first top ranking security official to do that since independence. Or did he utter these words to please the police vetting commissioners so that he can earn leverage credits to pocket the D of P designation? If that is the case, its unfair for him to bay for Justice Baraza’s blood and the expense of his own selfish benefits. He should equally apply justice to ALL citizens including Ms. Keino, Wambui, the millions of Kenyan children who have been robbed of their right to education by these knuckleheads he is trying to defend. Our poor tax payers should not be made to pay for crimes committed by the already extremely rich and stable folks. By the way, WHY is he rushing to prosecute Justice Nance and trying to make sure that she indeed faces the music, is it because she is a woman and the other white collar criminals are men? Iteere has been scoring “F” grades ever since he was tapped for the office of C of P. He has been unable to successfully push for the police reforms. His lieutenants are the most corrupt civil servants and undisciplined forces in Kenya.Insecurity is rampant in the country and police harassment is an all time high these days. If he really wants Baraza to be prosecuted and I also wish she is if there is credible evidence that she committed the gun wielding crime at the VM, then let him prosecute the other pending white collar crimes and reopen those which were erroneously concluded and bring them back to court. We all know without any doubt that Samoie arap Ruto bought his freedom by hiring and monetarily compromising the key prosecution witness. A bunch of police detectives have lost their lives in the line of duty while investigating drug trafficking in Kenya. Have their killers been arrested and charged with their killings?

In conclusion, I would like to see Comm Iteere stepping down from his office if judge Baraza is not prosecuted. AND SHE MIGHTY NOT!! MARK MY WORDS. Kenya is a funny country where the powerful and elite class commits crimes and NOTHING or no action is taken against them. Comm Iteere knows that game very well and was I think he was not very serious with his words, he was just tying to show us that he is really serious with his job so that he may be confirmed as the first D of Police. In Kenya, we say that “Waswahili Hujuan Kwa Vilemba”. They will always cover up their traits and defend themselves at any cost. But on the other hand, things are supposed to have changed for the better with the dispensation of the new constitution. This is not during Mzee Sr’s time when people like Dr. Z.T. Onyonka could make an impromptu visit to any health care facility, spank nurses and walk out without anything happening. This is a new Kenya where NOBODY is above the law including the chief legal custodians’ servants. So, Comm Iteere please get your resignation letter ready because we are on count down time now, hoping that you were serious with your words. We are grown ups and we don’t like games any more and anything you say may be held against you and you career.

Let JUSTICE reign to ALL people in corners of Kenya

Good luck in your fantasies


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Kenya: Banning of political speeches at funeral gathering in Luo-Nyanza is most welcome by residents

Writes Leo Odera Omolo In Kisumu City

The stern security measure of banning political speeches in funeral gatherings inside Luo-Nynza is most welcomed as a security precaution by the government to pre-empting in possible disaster in waiting.

Issue the ban, the Internal Security Assistant Minister Joshua Orwa Ojode warned that leaders who take politics to funeral places now risk being arrested on the sport.

The chairman of the Luo Council of Elders Ker Meshack Riaga Ogalo is among the community leaders who readily welcomed the government decision citing insecurity, especially during this year of the impending general elections. It is also in line with the Luo culture and traditional norm that the departed souls are given peaceful and solemn sending off.

The Assistant Minister was reaction came about following last Sunday incident in Oyugis in Rachuonyo South district where Immigration and Registration of Persons Minister Gerald Otieno Kajwang, Kasipul-Kabondo MPOyugi Maguwanga, the chairman of the ODM election board Eng.Phillip Okoth Okundi’, civic and ODM party leaders, Senate, Parliamentary and County Governorship aspirants were forced to scamper for their dear lives when they were caught in chaos and fighting melee that had erupted at a funeral.

The ugly incident which saw scores of youth sustaining serious injuries occurred during the burial of the immediate former Mayor of Oyugis Town, the late Coun Ogweno Ong’ondo.

The chaos erupted following the heated argument and disagreement over protocol between the area MP and ODM party boss prompting the youths allied to both side of the local political divide to swung into action during chairs and stones flew over the main dais causing bodily injuries to many mourners.

The residents and observers alike blamed the incident on the abrasive MP and also cited the arrival of many professional mourners who are to be roaming all over the villages appearing in almost every one single funeral after being hired to deliver slanderous speeches against the targeted victims, mainly aspirants for the various elective positions under the new constitutional dispensations. Others comes in their hundreds and thousands hoping to get handout cash from potential aspirants and for the purpose of feasting on free food provided to guests by the bereaved families.

“Let politicians be warned that we will arrest them and disrupt their speeches at funerals. Let them hold political rallies instead of using funerals to preach politics,” said the Minister, adding that Churches have been asked to take a leading role to ensure that politicians hijack funerals.”

The Anglican Church of Kenya Maseno West Bishop Joseph Wasonga welcomed the move, saying it was wise to respect the dead n the bereaved families.”We as a diocese had long banned politics at funerals, and we are happy that the government has followed the suit,” the Bishop said.

A near bloody confrontation occurred last Saturday following disagreement between the Luo Nomiya Church clergymen who had turned to perform the Christian burial rituals of the ODM politician Zachariah Omolo at Kokuro village, Sakwa Central, Awendo district within Migori County where one the local leaders who Is a suspect in another recent incident in Rongo where hired youths had been sent to disrupt a gathering of another group leading to the hacking to death more than five youths, is said to have issued instruction for the youths to be beat up the priest for refusing to allow political speeches.

But the churchmen stood their ground leading to a temporary disruption of the burial ceremony, which only resume several hours after the politician and their gangs of youth have cleared the funeral homestead.

The funeral gatherings are said to be attracting those aspiring for the various elective positions from far flung parts of the region, and professional mourners and hirelings.

One notorious professional mourner is said to have been seen making political speeches in funerals in far places like Mfangano, and Rusinga Islands and traversing the entire Homa-Bay region covering all the funeral homes in Karachuoyo Kasipul -Kabondo, Gwassi, Ndhiwa,Rangwe and Homa-Bay. The man is said to be an ex-civic leader who is politically bankrupt and could not even win a primary school committee in his own home turf. But he has been suffocating funeral goers everywhere with his political rhetorics.

Many residents of the region have welcomed the government statement on funerals in Nyanza which are becoming dangerous with high security risk. When fighting broke out, the sufferers are aged men and omen as ell as children and those who had lost their loved ones.

Across section of Luo leaders said the banning was the most appropriate action taken by the government imed at safeguarding the Wananchi who attend the funerals of their departed relatives. But who are of late been polarized by professional mourner and power brokers.


Kenya: Mwau Pulls Kibaki Into Drugs Case

from Judy Miriga

Kenya: Mwau Pulls Kibaki Into Drugs Case
by Susan Muhindi
10 January 2012

FORMER Ethics and governance PS John Githongo has been ordered not to organise public demonstrations against President Kibaki, his family and Kilome MP Harun Mwau over allegations of drug trafficking.

High Court Judge Pauline Nyamweya yesterday directed that the defendants who had not filed in their response do so before February 14 when the case will be heard.

In June 2011 Mwau was formally named as a global drugs kingpin by American President Barrack Obama. The former assistant minister of Transport then resigned his Cabinet post but has since been fighting to clear his name. The case was heard ex-parte because Githongo and his fellow defendants claimed that they had not been served with a summons. They said they only discovered that the hearing was yesterday morning when a lawyer’s letter was pushed under the office door of Ndungu Wainaina of the International Centre for Policy and Conflict.

Mwau’s suit was apparently prompted by a meeting at the British High Commission on November 28, 2011. Githongo allegedly briefed about 30 activists on the need to hold demonstrations against the drugs trade in Kenya and the role of a drugs kingpin who he identified as Harun Mwau.

Yesterday a colleague of Githongo’s said he never attended any meeting at the British High Commission on November 28 and that he did not receive any funding from the UK government. The friend described the alleged plot as a “complete cook-up”. In December Mwau filed an application, that was certified as urgent by Justice George Odunga, stating that Githongo was planning demonstrations across Kenya to tarnish his name and destroy his businesses.

Mwau’s suit claimed that US$1 million (Sh90 million) would be used to orchestrate the the campaign. Yesterday Justice Nyamweya allowed four points in Mwau’s injunction against Githongo and ten other defendants, including, curiously, the Attorney General. Government is presumably also now barred from commenting on Mwau’s activities.

Firstly the court accepted that the ten defendants and their “servants/agents…. be restrained from engineering public demonstrations and chaos and/or in any way interfering with or disrupting or dismantling or by use of placard messages targeting the First Family, the plaintiff and/or any of his businesses”. The inclusion of President Kibaki and his family in Mwau’s injunction caused surprise as they have not previously been accused of involvement in the drugs trade. They were also not party to Mwau’s suit so it is not clear why the High Court granted the injunction protecting the Kibaki family.

Secondly the defendants were blocked from organising demonstrations to provoke the police.

Thirdly the defendants were ordered to hand over any documents about “narcotics drug trafficking” and the “culprits” to Mwau, the Attorney General and the court.

Fourthly, the defendants were ordered to “be restrained” from “making any allegation on drug trafficking about the Plaintiff whether directly or indirectly”. The ban appears to include “associates, co-conspirators, servants and/or agents” so it could be interpreted as blocking the media generally from writing about Mwau and the drugs trade. In another curious twist, two of the defendants filed replying affidavits denying their part in the ‘plot’

Former Mungiki leader Ndura Waruinge yesterday asked for his name struck out as he is a law abiding citizen and is not privy to any information linking Mwau to drug trafficking.

He says he attended the November meeting at the British High Commission believing it was to raise awareness about drugs but then realised it was to hatch a plan for President Obama to take action against Mwau as a drug trafficker. “I am a victim of circumstances as I was mislead to believe that I would play a useful role in drug awareness campaign by Githongo in attending the meeting only to learn that it was a strategy meeting against Mwau,” he states.

Micheal Kiragu, also a defendant, yesterday applied to have his name struck out of the suit saying that he never intended to campaign against Mwau. He said he went to the meeting believing that it was about drug awareness but Githongo then addressed them saying the police had failed to deal with the drugs problem so it was necessary to demonstrate against Mwau who was “the drugs kingpin”.

The defendants in Mwau’s suit are Githongo, Ndungu Wainaina, Twaweza Ni Sisi, Tom Mboya, Ndura Waruingi, Micheal Kiragu, Kenneth Mungai, Fred Bunde, Edwin Muturi, and the Attorney General. After Obama identified Mwau as a drugs kingpin, Mwau claimed his life was in danger. Mwau’s car was mysteriously shot at in Nairobi a week later but Police Commissioner Matthew Iteere dismissed the shooting as a fabrication. In November, assistant Internal Security minister Orwa Ojode told Parliament there was no evidence to link Mwau or Juja MP William Kabogo to drug trafficking.

Kenya: The Zimmerman Consultative Forum- 12th Jan

From: odhiambo okecth


We hosted The Zimmerman Consultative Forum today at Zimmerman at 10am in an even that was attended by 97 leaders from the area led by Cllr Kinoti, area Councilor, Mr. Romano Mikigu- area Chief, Mr. Samson Kaindi- area Assistant Chief, Ms Rose Kunga- Area Divisional Environment Officer, members of the District Peace Committee and many more.

Area Ass Chief Mr. Kaindi, Odhiambo T Oketch- in Green, Mr Peter Mbol of KCDN in white and area leaders just before the Forum

The Forum was a build up activity for our first Clean up activity this year under the auspices of A Litter Less Kenya at 50 which we will host at Zimmerman on the 21st January 2012 from 7.00am.

The Consultative Forums are a precursor to The Clean-up Campaigns and during these meetings, we mobilize and sensitize the invited leaders on 3 Thematic Areas namely;

Environmental Management- where we invited the leaders present to be our agents on the ground in helping to sensitize Kenyans that a Clean Kenya Starts with Me. We invited the people to take personal charge of how we dispose of our waste. The sentiments were also echoed by Cllr Kinoti and Chief Mikigu. Cllr Kinoti indicated that soon, we will be seeing Kenyans fighting over waste- ati- mbona ume iba taka yangu. This was in confirmation to the concept of waste is wealth, where we want to see Waste Handlers paying for our waste which we have sorted out at home.
Peace Building- where we invited Kenyans to maintain peace amongst ourselves at all times. We agreed that we can vote differently and still be One Family Under God as Kenyans. We invited Kenyans not to fight each other because of politics, resources or clannish issues. God in His magnanimity gave us Kenya and we must be proud being Kenyans.
Good Governance- We noted that next year, Kenya will be celebrating her 50th Birth day and asked ourselves to soul search and see if we have anything that makes us proud of this milestone. We have voted faithfully every 5 years and what are the achievements that we can bank. We hence decided that we will look at leaders from the prism of Chapter 6 of our Constitution and vote for only those who merit our expectations on Integrity and Ethical Values. Time has come when we must isolate leadership from the chaff. We must identify leaders from all those who will present themselves and vote for them regardless of how wealthy they are or they political loyalty. Political Parties are vehicles through which power is won, but the trodden path had proved to us that voting 3 piece has entrenched democratic dictatorship and this has ended giving us Journeymen for leaders.
They then become our Goodwill Ambassodors on the same across Kenya.

Odhiambo T Oketch, Cllr Kinoti and Ms Rose Kunga during the Forum

We must thank all those who made the meeting of today a success. We must thank Ms Irene Wasike, Dr Abraham Korir Sibg’oei, Mr. Lameck Siage- all of KCDN, Mr. Ben Nyamweya, Mr. Hezbon Omondi and Cllr Kinoti for their financial support during the mobilization period and even for the hosting of the Forum today.

We must thank the Provincial Administration, the City Council of Nairobi, the many Civic Society Organizations and the local leaders for turning out in large numbers to be with us today.

Section of the participants during the Forum

Lastly, we must thank the KCDN Team, Paul, Dorothy and Anthony for ensuring that today was a success.

Let us roll our sleevs and meet at Base Stage at Zimmerman on the 21st January 2012 at 7am and move to the trenches as a team.

The Litter Bin Programmes launch by Dr Alice Kaudia- Environment Secretary- Ministry of Environment and Mineral resources.

A Clean and Litter Less Kenya at 50 is possible. Just do your part.

Peace and blessings,

Odhiambo T Oketch,
National Coordinator- The Monthly Nationwide Clean-up Campaign
Tel; 0724 365 557,

Kenya: Police want Baraza tried- How reliable is Comm Iteere?

From: Tebiti Oisaboke

With all due respect, I’m perturbed to hear police commissioner insisting on prosecuting the DCJ Nancy Baraza for illegal gun charges at the Village Market saga on new year’s eve. I am not in any way trying to defend altercations which transpired between Chief Baraza and the security officer Kerubo Morara. I do absolutely agree the DCJ Baraza should face the law for vindication as any other citizen because when she when shopping at the village Mkt, she she didn’t conduct herself as a DCJ in office but as a street woman. She has only been in office for just a few weeks and should expect everybody in Kenya to know who she is. She does not feature in newspapers or TV screens on a daily basis just as most of our prominent political figures do. So its not Officer Kerubo Morara’s fault for failure to recognize her.

Having said that, I would like to turn to my question, How reliable is Commissioner Iteere and his lieutenants? Prior to the JSC winding up with their emergency meeting which was convened by the CJ Dr Willy Mutunga this past Monday to discuss his deputy’s saga at the Village Mrk, Comm. Iteere addressed a news conference at his office where he announced that the police investigations on judge Baraza had been concluded and they have credible evidence to warrant prosecution on gun charges against her. We are all excited to hear that because we want the law to be applied to all citizens regardless of what status they hold in society. The elite and the mighty powerful have always been harassing the poor and defenseless multitude in Kenya. Its about time this has to come to an end. Many have agreed with the fact that if it was Officer Morara who had “harassed” the DCJ, she could have been locked up immediately. I remember, in 1079 when Pres Nyayo took the reigns of power, he went to Kiambu township in one of his meet the people trips he conducted throughout the country. An 84 year old grandfather attempted to break through his security barricade and hand him a dossier he written. He was summarily swept off and locked up without Nyayo’s knowledge. When word reach him (Nyayo) he ordered for his release and asked his note. And in 1970, when the late Dr. Thadeus Zakaria Onyonka was appointed the Minister for health for the first time, he traversed the country checking on how the healthcare personnel were handling their clients (patients). He conducted one un announced stop to Kisii district hospital where my late dad used to work as a clinical officer. He caught some nurses sleeping off their night duty without making their ward rounds. The man slapped these ladies terribly and some are said to have wetted themselves because it was their minister beating them. Sure enough, the minister was doing the right thing but things like this should not be allowed to happen in modern Kenya.

Coming back to Comm Iteere, I think the chap is pushing for the DC Justice’s prosecution so that he can score some accolades to enable him secure the post of Director of Police. The vetting for those shortlisted has been temporarily suspended. Mr. Iteere wants to look like he is indeed doing his job. If that is the case, where has he been before when their have been a tone of white collar crimes which have happened during his tenor in office and has never taken any action. To this day we are still in limbo as to who killed Olympian Samuel Wamui. The killers have not been brought to book. What about the mysterious brutal murder of UoN second year student Ms Mercy Chepkemboi Keino? Even lay folks like me who have absolutely no criminal justice training, could tell who was responsible in Ms. Keino’s death. Then why has it been so difficulty for his lieutenants to arrest and prosecute the culprits? We already know who they are, and still strolling freely in the streets of the City in the Sun. Are they so important and above the law than Sis Baraza? We have a bunch of influential drug barons of which Iteere has never dared to arrest and lock them up. WHY? Hon John Mwau was left to walk out of court Scot free. Hon Samoie arap Ruto was let go of his Ksh 276 million and is chasing the state house lease. Sonko Mbuvi an inmate escapee is still doing his Akamba dances in the streets. Wamalwa has teamed up with the Mungiki leader Maina Ngenga and pursuit for the statehouse lease too. Just last week, Mr. Kobia and company who were accused of being involved with the DRC gold scandal were exonerate by the court for lack of evidence. We also cannot the police officers and detectives who have been killed while investigating the drug menace in Kenya. Iteere has not even compensated the family of the officer who mysteriously collapsed and passed on while collecting evidence from Baron Mwau’s vehicle mid last year. What makes him think that if we give him the post of Director of Police he will deliver justice to the poor masses in Kenya?? He is not even able to control the Mungiki goons in Nairobi who are terrorizing innocent citizens every day. His own men and women in force are the leading corrupt civil servants we have in Kenya and has not done anything to stop the epidemic. The force is out of control and ill disciplined. If he is aspiring for the post of DP, he should have started doing what was required of him to do from day one when he was hand picked for the Commissioner’s office. We have a laundry full bag of dirt linens for him to wash before he even thinks of the DP’s office. Its unfair for Iteere to bay for DC Justice’s blood when he has not effectively prosecuted other powerful criminals in Kenya. Justice should be even to ALL regardless where one comes from, who they are or what they do for their living. Nobody in Kenya is more Kenyan than another Kenyan!!!

Let JUSTICE reign to ALL Kenyans of all walks of life from corner to corner.

God bless Kenya and Africa at large

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Kenya: Ode to the heart

from reasoning kenyan

This is for the restless heart,
for it has become hard of hearing,
or deaf it pretends.

Listen you four chambered imp,
why dont you listen!!
Am tired of you, and your pretensions..NKT!!

whatever you seek, exists no more,
those dreams you harbour are but that
that beauty deeper than skin is a mirage,
a thing of yore.

So why ,
Cant you be happy,
or even just indifferent?
Why do you look on coldly, why..
why do you always accuse of doing wrong?

The eyes have looked,
many a beauty they have beheld..
the loins have stirred, even been enveloped..
in a sweet warm wetness..
even when the game is entertaining,
with disdain you look on..

Am telling you today..
learn to make do,
and shove your ambitions to hell,
for what you seek is unattainable.
.too far removed from reality

You seek to embrace another,
an eternal embrace,that burns.with love,
but love died,
I was at her burial..
all that remains is her ghost..
ghosts are to be feared
not hunted
lest they haunt..

Evolution..evolve you ignorant prick,
Convenience is in vogue,
and am fashionable
Take it..and smile..
I am modern..infact post modern
but you..
you are still a cave man,
before even fire..was you..
how come you never grow up?

Why do you say no..
when the body is happy,
the loins up and dancing,
the brain excited..
yet sad you are
what the hell do you want?
last warning..behave…behave!.

Am tempted to disown you,
into sound proof cave lock you,
to forget your incessant nagging,
like Ruto you will never settle,
a rebel without cause..

Quiet now..
you might give me indigestion..
And money to make awaits..
And time just go with it..HUH!
I dont care what you feel or think..and you cant think..
spare me what you feel..
you can even hang yourself..
Even kids do it when they cant pass a stinking exam.
AHH wacha za ovyo!!


from Lee Makwiny

ODM Secretary General Prof. Anyang’ Nyong’o has warned politicians against using foul language when campaigning for elective positions.

Prof. Nyong’o says, use of derogatory language by politicians defeats the real purpose of democracy especially at this time when Kenyans are preparing for the General Election.

Addressing a Media Conference at ODM Headquarters – Orange House today on tomorrow’s ODM Leaders Strategic Conference scheduled for KCB Leadership Centre in Karen, Nairobi, Prof. Nyong’o said ODM was in the process of ensuring ‘civic culture’ among its members to avoid flouting the relevant laws.

He said the civic culture was necessary for politicians adding that use of civilized language during campaigns was important. Prof. Nyong’o said that the theme of tomorrow’s leaders meeting is ‘A Winning Strategy for ODM’.

He said the meeting which brings together a section of elected officials from all the branches in the country namely Chairman, Secretary, Youth Leader and Women Leader will be used to put in place mechanisms that will help ODM win this year’s general election.

Oduya et al,

This is the statement by our Secretary General.

He said, being the most popular party in Kenya and with the largest following across the country, ODM will embark on a countrywide exercise of voter education particularly on the need for acquiring Identity Cards and registering as voters.He urged the Ministry of Immigration and Registration of Persons to ensure youths who are 18 years and above acquire ID’s to help them register as voters and take part in the general election.

Prof. Nyong’o said ODM stands for equality, truth and democracy adding that the Kenya of today needs a political party that can unify all Kenyans. “We would like to set an example to people that politics must have some form of civic culture to ensure that the country is not ruined” said the Medical Services Minister.

Said he “each one of us has a right and nobody is should be seen to be more equal than the other”.

On calls by some party members to have ‘repeat party elections’ in some areas, Prof. Nyong’o said the party’s activities will not be stalled by poll petitions saying that such can be handled as the party continues with its activities and programmes. He said the National Elections Board of the party will continue addressing the issues raised by party members regarding irregularities in some areas during the party grassroots elections and will soon be making a statement on the same.

Prof. Nyong’o said tomorrow’s meeting in Nairobi will be used as a bonding session for the newly elected party officials from across the country saying that as we head towards the electioneering period, there was need for party officials from all Counties to know each other for harmony.
“Soon the High Court will make a ruling on the date for the General Election and we want all our party officials from across Kenya to be familiar with each other so that we all can speak with harmony” said the Kisumu Rural Member of Parliament.

Present during the press conference were the ODM Executive Director Ms. Janet Ong’era, Dr. Joseph Misoi, the Secretary to the National Elections Board, Mrs. Judy Pareno, a Member of the National Elections Board, Mrs. Zainabu Chizugha from Kwale who recently defected to ODM from KADDU, Mr. David Sonkok from Eldoret North in Uasin Gishu County among others.

ODM Party Leader Mr. Raila Odinga and his Deputy Mr. Musalia Mudavadi will grace the occasion.



I am appealing to all Kenyan Community members in twin cities and around to come to get together as one and give this young life a well deserved send off worth the lifestyle she lived. In life she cheared up many lonely and sad lives with her warm smile, in death, we can only give her a warm send off telling her thank you on behalf of the many lives she touched. Thanks.

“I shall pass through this life but once, If there is any good I can do let me do it now, for I shall not pass this way again….”

From: daniel monari

To our community,

The funeral organizing committee for the late Jeannette Kibagendi wishes to inform the community that there will be a prayer and memorial service to be held in remembrance of the late on Sunday January 15th at Progressive Baptist Church, 1505 Burns Avenue Saint Paul Minnesota 55106. This event will be hosted by Progressive Baptist Church where the late Jeanette used to fellowship. Visitation will take place as from 3:00PM-4:00PM followed by a prayer service to be conducted by Rev Dr Miller and then to refreshments in the fellowship hall in the Church Basement.

Member of the community, family, friends and well-wishers will also have an opportunity to view the body during the prayer and fundraiser on Saturday 2/14/2012 at the CHURCH OF THE NAZARENE, 501 73RD AVENUE NORTH BROOKLYN CENTER MN 55444 as from 4PM.

Contributions towards the funeral, burial and Hospital expenses are being received by the committee and for those who will not be able to attend the fundraiser or are out of state, your donations can be sent Jeannette Kibagendi Fund, TCF BANK Account # 7441591237.

For all other questions, please direct them NOT to the grieving family which is already overwhelmed by the loss but to the Committee chairmen Dr Edwin Bogonko and Philip Omesa. Their phone numbers are 652-334-1200 and 763-267-5710 respectively.

(for the committee)