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Who is Frustrating the Reform Change and Justice in Kenya

From: Judy Miriga

Kenya frustrating justice, says ICC chief prosecutor ………Is it only the ICC Prosecutor Ms. Fatou feeling the Kibaki/Uhuru pressure or evidence of the same is slowly becoming a Reality in the minds of many.

The Truth has seen light and the knowledge of Truth will not allow darkness to bury it again. Darkness therefore is in serious trouble, like a wounded lion, it is dangerously trying to look for escape; so good people, simply follow the rule, be cautious, careful and watchful. Do not allow to be intimidated, stay focused and know that God has always been faithful; we shall overcome………

People, we must take seriously the Reform Change process and take ownership of Kenya from thievers so that we make it “Right The First Time” otherwise, we shall have ourselves to blame.

Something we didn’t know whether it was true or false and for all this time, it has not been put very clearly in the open for a very long time which has remained a silent hot rumor with ears on the ground since I was a child of about 7 years. The story goes that, Kenya was sneakily owned since 1963 under-table by a small group of family members and close friends who secretly put their heads together clandestinely, took Kiapo (oath) and drunk human blood mixed with animal blood with juju and ajawa and agreed and swore in a traditional seal to keep it silent that way within the family and amongst those recruited. If anyone broke the oath or did something different from the seal, that person must summarily be put to death. For one to share in the profits from Kenya’s resources anyway anyhow, one must follow the same trend of kula kiapo of oath-taking which one must drink human blood and liver mixed with animal blood and juju and ajawa before one can be crafted in consideration as one of them or even simply put to be in the leadership of Kenya. This is how the system in Kenya was meant to work which is why after the Colonial Era, when white settlers left, all that land was taken by the Kenyatta family. It is the reason the family own land amounting to half of Kenya in total. If this is true, then there is a big trouble ahead of us in order that we make things right. I read something recently in Kenyas newspaper, which made me believe there could be some truth that if I share adding to my own, more people, will come out to confirm what many of us pocketed in our chests. It is a rumor people know about from the Coastal Region of Mombasa, to the hills of Mt. Kenya down the slopes of Rift Valley into the hills and valley’s including the plains and plateaus of Nyanza Region. If there are people out there ever heard anything of this sort, please confirm or witness in good faith because, it is in sharing that the Truth shall set us all free indeed.

To some extent from political perspectives, I have seen things go wrong over the years but people feared to question, where with this rumor presented by a Kenyan writer in Kenyas newspaper, the rumor seems more clearer and very real than ever before.

Don’t forget people, that the world has conceptually become a small village and Kenya with the rest of Africa cannot afford to be left behind where challenges and competition for Global Market-place need Africa’s resources for Economic Development Success. This cannot wait for another day to make our perspectives right. Now is the time to make real meaningful Reform Change and we cannot remain stuck in the mud for another 50 more wasted years being controlled clandestinely.

Any mistakes that we make now, we shall live with it as a damning scar for the rest of our lives…….It is the will of the people to decide way forward for Kenya through informed choices; but it takes courage to do right.

We must take Responsibilities of Voters Right and participate to make reasonable informed choices that will collectively help to cultivate and plant good seeds for Partnership Progressive Development Agenda that shall produce good governance with just rule of law without corruption, impunity, intimidation, fraud or fear. Those with questionable and suspicious background lacking integrity must be held accountable for their actions before they can be allowed to vie or hold public office. It is peoples Livelihood and Survival which is at stake and that cannot be taken for granted.

As a matter of urgency, we cannot sit back and watch the Finance Ministry being run like a personal or family business affair with land grabbing in Kenya or from any part of Africa where grabbing of land is treated like no criminal offense. It is our constitutional right and human right that demands from us to be united and take collective responsibility measure to protect public interest and security according to Reform Change Accord Agreement and the International Treaty for dignity of Human Rights livelihood and survival.

Reform Accord Agreement of Chapter six:

The Jurisdiction Necessity of Compliance is required to justify Reform Accord Agenda of Chapter Six give credible legitimacy of Integrity Responsibility honoring collective rights of Voter participation without exclusion or discrimination:

Reform Change Agreement Demands Voter Rights be honored and Respected that Proper Educational Training must be conducted responsibly in order that Voters make Informed Choices and know their rights in what to expect in the New Concept of Devolution of Counties in a devolve governance:

The Diaspora:

Ø That the election must be fully inclusive with Diasporas given opportunity of rights to vote as per the Reform constitutional policy;

Ø That the Kenya Community must be provided with sufficient educational training to understand how new structures of County Devolution works in delivering public service with information to understand how the institution of legal services work

Ø That the Police system is overhauled and vetted to provide security services discretely, effectively and efficiently respecting the law

Ø that the devolved administrative institutions will discharge their duties working with county’s public personnel alongside people’s elected representatives to deliver effective and efficient public services to the respective County Communities in an open and transparent manner engaging in progressive development prospects

Ø that People must know in advance before election what to expect from their Counties elected leaders, which is why March 4th 2013 election is fundamentally crucial that it must be done the right way the first time according to Reform Accord Agreement procedure.

Presently, election of March 4th 2013 is showing clear signs of corruption from advance rigging with buying peoples voter IDs while IEBC is giving questionable characters certificates of clean bill of records before proper and credible Integrity Examination threshold for background check is done; Parties primary election nominations were full of conflicts from anomalies and rigging with the whole electioneering process full of mismanagement, discrepancies and flaws. Maybe, the reflection of the Party Primaries nominations failures should be taken as a show-case for mock elections instead of wasting more money on the mock exercise. The Party Primaries proved that the will of the people was not respected or honored. Thus, with confirmation of events currently taking place attest that the election of March 4th 2013 will not be peaceful, credible, free and fair because things have not been done the right way. Before the anomalies are rectified, March 4th 2013 remain flawed and must be differed for a later date. This calls for a credible Transitional Committee to be instituted according to the New Constitution Mandate since the Coalition Government term of office ended by January 30th 2013.

The Election organizers have still time to reconsider making March 4th 2013 election peaceful, credible, free and fair for History of Constitutional Reform to be made right the first time by following Integrity rule of chapter six.

This was not done as it should have and elections are around the corner with one more week to go. IEBC also confirmed that peoples’ voter IDs are still being bought and this is a sign of serious irregularities and misrepresentation taking place that cannot be rectified in just one week. Bottom line, no election under these flawed circumstances can remain peaceful, credible, free and fair…….

A stitch in time saves nine. If you see a crack developing in your house, you do not wait until the crack gets bigger and the house collapses; you save it in time by making necessary repairs before it falls apart. This is the same with Reform Change in Kenya today. As we are in the process of repairing damages of corruption with impunity, we do not return the same people who are master-minders of corruption to continue with the mess making it worse and difficult for Reform to take roots. We must get rid of the corrupt and replace them with new ones for a change with a hope that things might get better.

To do this, the people must be knowledgeable and be prepared in advance to understand consequences of corruption and the benefit of Reform Change and how people must elect those who care for public mandate, so that people are able to make rightful informed choices in conformity to the Reform Change Agreement. No one should be taken for a ride through ignorance or be excluded from voting maliciously.

If March 4th 2013 election is in dispute for any reason seen to be accused from election flaws, rigging locking out Diaspora from voting; consequences of which shall make the election illegitimate, nul and void. One such grievance as clear as that of Diasporas purposefully curved out against their constitutional rights and blocked from voting cannot be disputed. There are reasonable good evidence of political engineering maneuvers to scuttle the election to fit a certain fashion with an aim of rigging, that too cannot be disputed. For this reason, election of March 4th 2013 will be considered not credible but rigged; and as such, it shall not be free and fair.

These are consequences we can avoid if election is fully inclusive accommodating the Diasporas voting rights and according to the constitutional policy for Integrity examination threshold for background check is adhered to. This is a procedural rule according to chapter 6 of the Constitution. If the procedure is according to the Law without cover-up or false excuses, we shall be safe in carrying the Reform Election in a credible acceptable manner, free and fair. These are crucial reasons why deferment of March 4th 2013 is most important to be given utmost urgent consideration within these last moments before election is in default.

Signs of Trouble when authority of Justice is threatened:

These scare tactics are criminal in nature, and are as dangerously flawed as they are unconstitutional with intention to frustrate and intimidate the Supreme Court from discharging its duty in order to escape justice cannot be tolerated nor is it acceptable. They are the same old tactics we have witnessed in the past every election time following the same pattern in the past 50 years. They are clandestinely a pre-organized plan to stage rigging of election for the corrupt Status Quo to continue stay in power. The question is, who looses and bears the brunt of pain and long suffering at the end of the day? This is why, with the Reform Change, we must act wiser than before.

Today, Chief Justice Mutunga of Supreme Court is facing fear factor of threats whose intention is to frustrate, intimidate and manipulate him. If this can happen to the Chief Justice whose docket gives him Independence of autonomy from other Government Institutions with good security, how can the ordinary ICC Hague witnesses with normal ordinary Kenyans match up with the threats from the machinery of the Status Quo who are without enough security, don’t you think they are worse off???

These are concerns we must consider if we truly want to stay away from such corrupt environment full of impunity. This is why, it was wrong for suspects of ICC Hague to have been given certificate for clean bill of records to contest for the Public Offices when they are listed as suspects at the ICC Hague, where ICC Hague have not cleared them. We shall be defeating and challenging the work of ICC Hague by rewarding the suspects with clean bill of records when ICC Hague holds them suspect. We cannot play a double standard cards in the Integrity threshold for Reform. If from the horses mouth came “Don’t be vague it is Hague” that was the in-thing slogan, who are you to give them a clean bill of record??? Why are we being vague now when we were told not to be vague it is Hague. What’s wrong with you people.

In our minds and hearts the issues of 2007/8 have not been cleared. Today there are fears from signs of the repeat of the same. Why are we contradictory confuse the Reform Accord Agreement of chapter 6, with the Old Constitution. The Reform Constitution Policy demands declaration for the sources of wealth, checks and balances for accountability and transparency which Uhuru as the Finance Minister has failed to be in compliance, running the Finance Ministry as personal and family business affair.

Are we therefore going to engage leaders who use public power to threaten justice and remain uncooperative??? If those who thrive in corruption are capable to be stubborn now, what shall become when they are Presidents???

See what ICC Prosecutor Ms Bensouda Fatou had to say about Failure to cooperate:

International Criminal Court (ICC) Chief Prosecutor Ms. Fatou Bensouda addressing the press at Serena Hotel, Nairobi on October 22, 2012 said that, she may be compelled to seek other nations’ help in forcing Kenya’s hand Hague prosecutor tell court that she has been denied access to witnesses such as MP Kapondi and PCs who served in clash areas and says she isn’t allowed to see suspects’ wealth declaration forms or intelligence reports that, she may be also forced to seek assistance from foreign countries to compel Kenya to give the court access to government officers and security agents.

“In her submissions, she accused the government of failing to cooperate with the ICC by not giving access to Provincial Commissioners and Police Chiefs who were in charge of areas which were hit most by the post-election chaos.

Consequently, ICC Hague Prosecutor Ms Bensouda Fatou indicated to the Trial Judges that she may amend her list of witnesses and evidence against the four suspects in future if the Kenya government agrees to give her access to the officers………Without doubt, nothing malicious but very intelligent proposal, and went on to explain that;…….“These materials and or persons are the subject of certain governmental and or institutional restrictions for which the Prosecution has requested cooperation from a number of states pursuant to their co-operation obligations under Part 9 of the Statute, but which have not yet been received,” she goes on.

Sources also said the government has blocked the ICC from accessing wealth declarations of the suspects, freezing their accounts and reports of the National Security Intelligence Service at the time of the post election violence………..“The prosecution hereby gives notice to the Chamber that in future, it may seek leave to amend the list of witnesses and or the list of evidence pursuant to the requirements of Regulation 35(2) of the Regulations of the Court if it obtains certain materials that it seeks to tender into evidence or succeeds in securing cooperation of certain witnesses that it has identified that it wishes to interview,” says the Prosecutor.

Ms Bensouda was also said to have requested to interview Mt Elgon MP Fred Kapondi who chairs the Parliamentary Committee on Security but Prof Muigai reportedly told the ICC Prosecutor that the MP had the last decision on whether he wanted to be interviewed or not.

Attorney General Prof Githu Muigai is said to have required the ICC team to make formal applications to access the said records with a requirement that it will take a Cabinet approval for The Hague investigation to access NSIS reports. The Cabinet of Transition is assumed headed by Kimemia…….

Faced with such challenges in a case that she is determined to prove that Mr Kenyatta, Mr Ruto, Mr Muthaura and Mr Sang bore the greatest responsibility, the ICC prosecutor appears to be ready to seek the assistance of foreign countries and agencies to gain access to the witnesses and evidence.

“The Prosecution may also address the Chamber, when and if necessary, pursuant to Articles 93(1)(l) and 64(6)(b) of the Rome Statute, to obtain a request to one or more States Parties to provide assistance with respect to facilitating access to the above mentioned persons and materials or requiring witnesses’ attendance before the Court,” said Ms Bensouda.

“The Prosecution has already approached several State parties, including the government of Kenya, in order to gain access to such individuals and materials. Discussions regarding the terms and conditions of such access are still ongoing,” she went on.

How can ICC then be blamed for not making it right the first time when Government system is so manipulative, blocking and making it difficult to access records needed by the Court with other information that are required when elements to frustrate such move is solidly put in place by Kibaki which makes it even more impossible to make the right moves without fear factor hovering over legal justice freedom to even address or resolve historical injustices of land grabbing so people can move forward with ease without baggage’s of the past…….

We must agree to make it right the first time because, whatever happens and whatever cost we shall have to endure and pay for good democratic governance with Just Rule of Law shall be worth the struggle, loses and pain we have gone through over the years……At the end of the struggle, we shall all be happy moving forward progressively at peace, united in harmony with each other caring and sharing in love and telling tales of the past in a welcoming environment without harboring painful memories of the past……

Public demands that, it is futile for urgent Finance Ministry to be Audited and report made public before election is done to justify checks and balances proof for credibility in the management of Public Service delivery to ascertain legitimacy in the use of Public Finance loans, funds, grants and gifts of in-kinds disbursed and discharged for public service delivery.

We believe that Uhuru Kenyatta have some serious explaining to do on matters pertaining to a humongous ballooning of public fiscal debt accruement that is continuing to grow by day and people are shrinking into deeper poverty and hunger pain and suffering with daily rising costs of food and other basic needs; this is true with constant insecurities, failing health standards, falling apart of Kenyas Educational system with health and environmental pollution. Joblessness is soaring including severe shortage of energy and water in both urban and the rural. We demand that Uhuru explain to the public why him and Muthaura engaged in twisting the arm of Parliament in order to sneak in dangerous clauses in the Finance Bill.

Finance Minister Uhuru Kenyatta and former Secretary to the Cabinet Francis Muthaura sometimes in December 2011, were accused of trying to sabotage MPs attempt to control Bank Interests and regulate costs of fuel through legislation which the two were adamantly against. An MP Jakoyo Midiwo accused Uhuru of arm-twisting Parliament and intimidating him for trying to amend several laws to control Banking and Energy policies. He proceeded to accuse Finance Minister of delaying Finance Bill to defeat proposals to make several security amendments to be included in Banking and Energy Acts. Muthaura was accused of launching attack on Parliamentarians for allegedly writing a letter on December 6th suggesting that amendments proposed on the Bill are “suicidal” that could “lead to hyperinflation” that could poison Treasury’s negotiations with the IMF, the International Monetary Fund. Did they know something that we did not or are people of Kenya purposefully used as rubberstamp for clandestine gains of special interest networks Kenyan people are not suppose to know about?

Parliament was not able to pass the Controversial Finance Bill without sneaking in dangerous clauses to cushion theft and insecurity from Bank Rates, with Energy’s skyrocketing cost of living which contributed to high rising cost of fuel for which Uhuru stand accused of trying to sabotage the Parliament from protecting Public Mandate interest. Uhuru is seen to enjoy Independence bolstering in greater fiscal public debt allowing domestic basic needs to cost beyond ordinary peoples income average means making public fiscal debt to balloon at 1.7 trillion equivalent to 48% GDP which is considered unsustainable. It is now very clear why Uhuru and team refused to cooperate to declare wealth and be cleared according to the new law under Integrity examination threshold. In public opinion, Uhuru is seen to have contravened the Constitutional order and squashed Public Mandate running the Ministry of Finance like a personal and private business affair discounting and scuttling legality of Peoples mandate in the New Constitution is unacceptable.

Finance Matters are interrelated with those of Land Grabbing:

Land issue in Kenya is a serious matter that cannot be given a blank cheque (check) to continue with business as usual in destroying peoples livelihood and survival through the cancer of corruption and impunity. Land grabbing issue must be resolved instantaneously by putting right people in public office to help resolve and conclude the historical injustices once and for all.

It is a criminal offence and an abuse of power to use public office to satisfy gains of the corrupt and greedy networking with those International Corporate special business interest who use the Chinese as Commission Agents to export land to China to profit network of special interest and transferring the burden accrued in debts on the public shoulders after engaging in questionable circumstances that are of contrast in Conflict of Interest, squandering through embezzlement the utilization of public finances and resources, utilities and facilities in an irregular dishonest manner. This is because there are many leads to indicate there is credible leads of mismanagement in the Finance Ministry with purposeful misappropriation and embezzlements of Public Loans from World Bank and IMF with other Donor Agencies funding that were disbursed to Kenya for Public Projects and programs for Public Health, medical research, educational programs with for those meant for small community business program incentives for Millennium Development Agenda and for the improvement and development of Agricultural land in arid and semi arid of the Coastal Regions (Isiolo, Tana River, Turkwel, Turkana, Kwale, Taita Taveta, Kilifi, Garsen, Garisa, Malindi, Mombasa including the Great Lakes in and around the Lake Victoria, Migingo, Siaya, Migori, Rongo, Oyugis/Ringa Kojwach in the Nyanza region, where Investments earmarked for Energy, Water and the Natural Minerals in such Gold, Diamond, Titunium, Coltan, Iron Ore, Zinc etc., is not benefiting people of Kenya directly but people are moved away from their land to pave way for special business interest. That whatever plan which were made are under serious conspiracy with intention to defraud and steal from the people of Kenya what belong to their family and the community. The loans and funding incurred in the fiscal public debt is not feasible nor sustainable because, funds were re-directed and relocated for other usage and or were misappropriated for which they must be accounted for. We cannot under-estimate costs incurred in the exchange for transfers of such like Public Corporations signed off in a conspiracy theory to blackmail and bankrupt Public Corporations through sneaky transfers to unsecured individual business beefed by public finance expenditure account. We have noted with sadness how Kenya Railways Corporation was dismantled and transferred benefit an Individual sharing with Uganda who paid no penny to get Kenya Railways out of the hands of Kenya Public interest. This is not right. The Kenya Railway Corporation now reads “The Rift Valley Railway”. This is daylight robbery. Today, greater land grabbing is following the same fashion of trend the reason why the Land Commissioners are given a tenure of 6 years, something that can be done in less than 6 months considering the urgency of the matter. This is unacceptable.

As if that is not enough, Kibaki put on gazette the appointment of the Land Commissioners citing powers conferred to him by Section 7, paragraph 8 of the first schedule to the National Land Commission Act. Dr. Mohammed Swazuri as Chairperson of the 6 member Commission have been commissioned for 6 years when Kenyans have reached their limits with Kibaki pretending not to see how Land Grabbers are raping the land and exporting land to China after issueing a blank cheque to the Chinese Commission Agents of the Corporate Special Business Interest. According to Kibaki, like TJRC headed by Kiplagat, Land Commissioners report will be played around and suspended like many others that came before and be heard after the next election of 2018 is over. Who is Kibaki fooling wajamaa??? (kwetu kwaporomoka, kwao wanajenga ma palace)……the irregular allotments and release of Title Deads to fake land owners will continue doing business as usual while the real land owners will remain in the cold. After six more years, the owners of the lands will have died by them, what shall become of the offspring’s of the dead who have no idea of what became of their land, and finding the matter of the land complicated they give up. This is making life extremely difficult for Victims of Land Grabbing; talking of 6 more years??? Ati for 6 more years? Listen people, we are not fools, Kibaki and Uhuru jointly are destroying the rest of Kenya’s community with stupid backwards tactics that must be rejected forthwith and Kibaki with others must join Uhuru and team to the ICC Hague……because, this behavior is inhuman, is criminat and it is against human rights for people to live without dignity with no peace. It is a mean act driven with selfishness; it is sad, illogical and pathetic and this cannot be tolerated. Kibaki with team of thievers must face justice squarely whichever way that is…….

This matter is not simple and we are prepared to fight harder than before as far as going to ICC Court in the Hague we shall go there in order that we resolve this Land Issue in Kenya, Sudan, Uganda, and Congo must be resolved as Land Grabbers consolidated their interest as a combined force; protecting each other to safeguard their vested special interest. We are not going to sit pretty and watch this go on. If it will mean all parties involved in Land dispute and conflict, all businesses dealing in Land shall be forced to stop until the matter of Land is fully settled to the satisfaction of the local community who were defrauded and forced out of their land and became victims of land grabbing theft. We shall not rest until that is finally accomplished.

Public loaned money intended to develop land for Agricultural Community Development with providing for Environmental securities protection did not do what it was intended to do, where did all these money go to??? ……

At some point Budgetary discrepancies in altering and adding figures were identified by the Legislatures and later cold water was poured and the matter turned to be reduced to typing errors. Why did this happen if threats and force did not play a game here. It is believed that public loaned money intended for Community development also disappeared through various corrupt exit routes to profit Special Business Interest and this could not be downplayed as typing error as there are evidently population of victims who suffer painfully from corruption and impunity effects pay high cost in taxes for basic commodity needs in order to make repayment of money stolen from public coufers. It is believed that, some Loans with other project funding earlier disappear through Equity Bank before it recently in 2011 public money begun to be channeled through Cooperative Bank of Kenya and K-Rep. This is still wrong as we have not been told why external funding and loans exchanges and transfers are not being channeled through Central Bank of Kenya for accountability, checks and balances and we are made to wonder when the system changed from Central Bank and why ? Does this explain public business run as private and family affair???

We are also concerned why the Appropriation Bill became very controversial denying the Parliamentarians the voice to Plan properly for the Budget, control of expenditures and make decision except Minister for Finance Ministry awarding himself autonomy of power to privately facilitated, discharge and controlled Public Office clandestinely under the knowledge and express permission of Kibaki. This was evident when control of Privatization Act, Public Procurement Act and Disposal Act, the Energy Act, Price Control on public essential goods, Kenya Information and Communication acts were some of the amendments included in the finance Bill that were not within the Bills mandate but were sneaked in privately (Ki-mpango wa kando) outside the official prerogatives for Reform policy. This is out of order, criminal, unconstitutional and cannot be accepted.

With all these unexplained Public Finance heavy casualties of fiscal debts incurred from taxpayer indebtedness, misappropriation and the embezzlement reports, Uhuru Kenyatta is considered guilty without reasonable doubt that he faulted, committed crime in conflict of interest and by short-changing Constitutional policy to profit self from corruption.

The Supplementary Budget Estimate (Minimum Budget) was approved in December because Uhuru became stubborn and refused Parliament to enact Finance Bill and instead of Shs. 58 billion approved for Country’s Transitional Caretaker costs with the County’s devolution, which the Parliament authorized 15% for the County’s allocation, the Counties allocation faulted with only 6% release which is below the Constitutional threshold. This is a serious offense that has raised eyebrows and there are serious questions demanding where the rest of the money went. Uhuru and Kibaki must answer questions why they are meddling with Public Finances and refused to enact Finance Bill; as a result Fiscal Public Debt has grown to over 50% in GDP expecting public to shoulder expenses in paying overpriced taxes on goods purchases where Special Interest gain in collectibles from high prices on fundamental basic commodity goods including increase of prices on oil that run industries and transportation etc.,

Uhuru Kenyatta in express authority of Finance Ministry set aside Investor Compensation fund from loses by Nyaga Stock Brokers and Discount Securities Ltd when it collapsed with public money. Upon Audit, it was found that Donor fund for KESSP with WKCDD were misappropriated that too was paid by Finance Ministry Public Account without public information or consultation and approval. This character explain that Uhuru Kenyatta does not value or respect Reform Change for National values and Principles of Good Governance.

People, Kibaki and Uhuru must be put to task….. Which is why, Finance Ministry must be fully audited and report made public. Uhuru must face scrutiny and go for a thorough Integrity examination threshold and altogether face legal justice if found guilty. We must not take Kibaki’s meandering for a fool; there is serious conspiracy to frustrate Reform Change Mandate and we must fight to protect our livelihood and survival.

Recently Ferdinand Waititu Nairobi County Governor candidate for TNA faces voters’ wrath in bribe attempt. The team was made up of Waititu, Senate candidate Gideon Mbuvi Sonko and Women Representative Rachel Shebesh were apparently dishing out money with attempt to bribe people. This is voter fraud with an intention to rig elections. This is unacceptable.

We are also concerned that IMF is raising alarm about Kenya’s Huge Public Debt. It was by June last year that Kenya’s Public Debt exploded. Kenya is in for a rude shock and we will have forgotten too quickly who former President Moi was grooming for business as usual project. It is because of Land Grabbing of the unfinished business of Moi that Kibaki carried Uhuru project forward. Don’t be fooled. If former President Moi was fwataring nyayo (foot-steps of Kenyatta) and we saw Land Grabbing skyrocketing going through the roof; it is in the same manner Kibaki stage-managed for Kimemia which is not a secret but has become an open public book that Kimemia was planted to stage-manage rigging of the election. Kimemias silence from responding to IEBC letter will not save his skin from facing justice on conflict of interest. 48 hours deadline expected to end on Saturday are gone and he has not responded. It is therefore worrisome and very scary what Kimemia is capable of doing after watching his aggressive engagement in politics and assertiveness moves of marshalling government system with a purpose of rigging the election brings us back to re-visit memory lane of 2007/8.

This is why Kimemia must step down or be forced to resign immediately…..

It is not by chance that in this era of Reform Change, Chief Justice Willy Mutunga in his jurisdiction of an independent institution, he is still threatened, intimidate and undermined by those equal to his juniors in the Judiciary, where CJ found himself in an awkward situation being forced to cry that his life is in danger. Hey! it is time Kenyans must be very worried that March 4th 2013 after maliciously leaving out the Diaspora from voting for whatever reasons that were presented and following with the instantaneous scare-tactics as recently been witnessed in such careless police shootings and killings with the recent IEBC election computers day light theft coupled with motivated civil conflicts that are spreading out like bush fire, things are definitely not right and elections are bound to be rigged as it is already flawed; reasons why it cannot be simply taken for granted.

What was the reasons why Kibaki avoided signing the Environmental Bill and becoming stubborn to Gazette Land Commissioners? Recently, Kibaki defy Courts’ 7 days rule orders to Gazette Commissioners of Land. Does this explain something??? Well, it makes us theorize that, Land Grabbing in Kenya is under some sort of protectorate for special interest away from public interest, which is why, Uhuru was Moi’s “project” and now Kimemia is crafted by Kibaki to take control of protecting interests of the “project” through smart rigging. True or False…… If this is the plan, it is unacceptable and it is against the Law…….

It brings us to demand for answers why the Chinese under commission agency was given a blank check by Kibaki to export wholesome Kenyas land to China? Whose mandate was this arrangement executed and with which constitutional policy was Land relocation authorized to be shipped to China ? What were the security prospects taken into consideration with regard to advantages against disadvantages. If so, how much was made in tax revenues as per report of accountability and GDP in terms of quantities and quality evaluation of the rated land sale, water with other natural minerals (Gold, Diamond, Taitanium, Coltan, Iron Ore, Zink etc) including the amount and size of the Trade Exports commodity value for sales profitability? Why was the Land export to China not provided in policy legislation? What was the obstacle barrier that hindered Land bill from being enacted in order to conform with Reform Mandate for transparency and accountability ??? How and who will shoulder the heavy burden thereof with costs that shall demands for land repair to replenish environmental destabilization and pollution incurred by the Chinese Agency relocating land to China…..??? How was this quantified and evaluated, incase damage costs supersede profit made from land relocation exported to China if there is no report of the same or checks and balances to ascertain responsibility with integrity???

Finance Ministry being non-compliance to Reform agreement and constantly dodged logistics for justification of the same to facilitate authenticity clarity of Budgeting and Expenditures with those emanating from fiscal debts accruements in order to legitimize Finance Bill for accountability is a crime of purposeful evasion with an agenda to discount Public Mandate Reform Agreement and is against the Constitutional principle.

Intelligently, balancing Trade Policies for progressive Partnership program including the success of Millennium Development Agenda is core value that Politicians must take into serious consideration in their representation from bottom up. This is where local community welfare progressive plan is made to include demands for grassroots’ Peasant farmers in the local communities, the small dukawala with local market hawkers, the middleclass businessmen and women, the individual scholars with professional experts’ interests must have been included to engage in a fair plan and distribution of governance program for development plan and this is a good measure of economic balance for progress. In the event, those candidates eyeing public office if previously had occupied public office, they must prepare to explain what good things they did, organized, planned, engaged or put in place to secure peoples mandated agenda is secured for Reform development progress when they had the opportunity and chance to occupy positions of authority in the legislative policy making and in the Government operations to render public service.

These are credible ways to justify commitment of Public Servants and their responsibility to effectively engage in public service which in effect, secure capacity means to create and boost Government’s public wealth and effectively provide cushioning for economic growth with reliable and sustainable job opportunities expansion. It takes great Humility, Wisdom, Commitment, Responsible demeanor with Integrity to honor human value, virtue and dignity irrespective of Class, Age, Tribal Grouping or Ethnicity when one is in leadership authority. Developing Trust is to honor the Will of the People. This is the core value to Economic stability and success without which, the economy of any Nation is bound to fail and collapse.

How can we trust Uhuru’s Presidency to deliver public mandate if having been earmarked as the “Project of Nyayo” by former president Moi for special business interest we are still not sure of his stand and sincerity to Reform Change Agenda, because Moi fought very hard to be against the Reform and he promised to defeat it? To make matters worse, the two are faced with grave pending cases of human injustices at the ICC Hague. We cannot therefore meddle with situation circumstances fooling ourselves that all is well when we all want to see the end of corruption with impunity, reduce politically engineered fiscal debt, improve social welfare with public health, reduce poverty and environmental pollution situation and altogether face-out historical injustices so that fair justice is truly seen to have been done without compromising public Reform Mandate for good democratic governance with just rule of law.

However difficult Reform struggle may be, people must not accept to be sell-out…..People must stay and remain focused and be sober when it comes to voting politicians as government representatives. We all must join together to condemn ill motives and refrain from adding fuel to corruption with impunity that has over the years, energized corruption in business as usual by allowing ourselves to be used for political selfish greedy gains and more or so, if we are committed to Real Reform Change. People, we definitely want to secure our progressive development agenda that will shape and improve our destiny, leaving this world united under peace caring and sharing in love, which corruption and impunity has robbed from us.

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

http://socioeconomicforum50.blogspot.com

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IEBC admits ID card buying going on

Updated Sunday, February 24 2013 at 15:02 GMT+3

By Geoffrey Mosoku

NAIROBI; KENYA: The Independent Electoral and Boundary Commission (IEBC) has launched investigations into reported incidents of Identity Card (ID) buying.

The IEBC says it has information that some people were buying IDs from voters in various parts of the country which it has termed as illegal.

“The Commission is aware of reports that some people are buying IDs from registered voters. Our internal investigations unit is working with police to unearth this syndicate,”IEBC Chief Electoral Officer James Oswago said.

Oswago said buying IDs is not only criminal but unconstitutional as it denies those voters the right to cast their ballot. “It disenfranchises voters by denying them the right to vote as enshrined in the constitution.”

The electoral body CEO said the commission will be issuing a detailed statement on the claims which threaten to undermine a free and fair election.

Already, the Coalition for Reforms and Democracy (CORD) alliance has complained that their rivals were deeply engaged in buying IDs from their supporters in their strongholds across the country.

CORD presidential campaign Chairman Franklin Bett said ID card buying is has been reported in Kitui, Kakamega, Kisii, Nyamira, Mombasa and parts of Nairobi counties.

While demanding for action by the authorities, Bett cautioned voters not to sell their IDs saying doing so was tantamount to mortgaging your future.

“The 500 shillings or so that you get by selling your ID card is less valuable that what you will get by participating in the polls through casting your vote,” he said.

Bett who was accompanied by ODM secretary General Anyang’ Nyong’o, was speaking yesterday at the CORD centre in Nairobi when they launched a campaign dubbed ‘Stand up for Kenya, Get out and vote’.

According to the lobby officials Zuleka Hassan and Arnold Karanja, the team aims to move across the country and especially in their strongholds and swing vote areas.

The team of youthful representatives from ODM, Wiper and Ford Kenya will be holding a door to door campaign as they mobilize their supporters to turn up in large numbers.

“We are telling Kenyans that it’s not enough to a registered voter but one ought to come out and vote. In this way, our candidate will be able to garner majority of votes,” Zuleka said.

Nyong’o lauded the campaign saying it will encourage many Kenyans to turn out adding that citizens should strive to exercise their democratic right through the ballot.

Among the other areas targeted by the group is the vote rich Rift Valley, where Cord is targeting at least 40 percent of the entire vote.

Kimemia still silent on allegations

Updated Sunday, February 24 2013 at 15:41 GMT+3

By Geoffrey Mosoku

NAIROBI; KENYA: Head of Civil Service Francis Kimemia is yet to respond to allegations that he is actively involved in campaigns for Jubilee alliance.

This is in spite that the 48 hours, that the Independent Elections and Boundary Commission ( IEBC), gave him to respond to the allegations leveled against him by the Cord coalition, has since expired.

By Sunday, the IEBC confirmed that they had not received any response from the besieged Kimemia who has been on the limelight in recent days for all the wrong reasons.

“We have not seen his response,” the electoral body CEO Major (Rtd) James Oswago told the Standard on Sunday.

On Thursday 21st February, IEBC wrote to Kimemia informing him of the accusations and asked him to respond within 48 hours. The deadline for reply expired on Saturday.

The IEBC letter which says the claims are ‘very serious’ detailed six incidents in which Kimemia and other public servants allegedly engaged in partisan political activities contrary to section 43(1) of the Elections Act.

“The Commission is in receipt of formal complaints… of your being partisan in execution of your duties,” reads the letter by IEBC chairman Issack Hassan.

Already, the CORD leadership led by Raila Odinga and Kalonzo Musyoka has asked the top civil servant to quit and concentrate in campaigns for having transformed himself into a ‘jubilee activist’.

The two leaders accused Kimemia who is President Mwai Kibaki’s PS of mobilising the provincial administration to campaign for jubilee.

The Civil Service boss has failed to directly respond to the allegations in as many days instead preferring to communicate though government spokesman Muthui Kariuki who has refuted claims of a government plot to rig elections.

He had also earlier issued a memorandum cautioning civil servants that they risk losing their jobs if they are found engaging in political activities.

Last week, Kimemia chaired the National Security Advisory Committee which ironically ordered for a probe into claims that some senior government officials were engaged in partisan politics.

CORD claims Kimemia had a secret late-night meeting on January 27 with Jubilee presidential candidate Uhuru Kenyatta and his running mate William Ruto at an exclusive resort on the shores of Lake Elementaita.

It is not known what the closed-door meeting discussed. The complaint then lists another meeting two days later at Nairobi’s Bomas of Kenya at which Kimemia is accused of telling groups of provincial administrators they would be sacked if Raila became president.

CORD says Kimemia was also involved in two more meetings on February 9 and 10 at which State officers and elders from Central Kenya and the Rift Valley were pressed to campaign for Jubilee.

Permanent Secretaries Mutea Iringo (Internal Security) and Joseph Kinyua (Finance) and Mr Kennedy Kihara, an official at the Office of the President, are also named as having participated in some of the meetings.

The IEBC letter asks Kimemia to respond to claims that on January 27 he met Uhuru and Ruto at a Lake Elementaita hotel from about 10.20pm to 11.15pm.

Two days later, it is alleged, he urged district commissioners, county commissioners and provincial commissioners at a meeting in Nairobi to support Jubilee.

Cord further alleged that on February 9, in the company of Iringo and Kinyua, he met 68 elders from Murang’a, Kiambu, Nakuru, Kericho and Molo at Jacaranda Hotel where support for Uhuru was reportedly discussed.

Guest•3 months ago

This iebec problem seems and sounds like it will mess up the election process.They need to fix the problems now not after the elections.
Magnitude of voter ignorance will take IEBC by surprise during polls

Posted Tuesday, November 27 2012 at 18:51

According to the information available on the Internet from IEBC, the total number of Voter Registration Centres in the country is 24,601.

I want to believe that the same centres will be used as polling stations in the coming General Election.

Correct me if I’m wrong. You will realise that I have not received any civic education on many issues related to voter registration. I want to further believe that there are fewer BVR kits than the centres.

I would like to be educated on how polling will operate. At least for now during voter registration, one kit is used in more than one centre in a number of areas.

Since the polling stations will operate more or less simultaneously during the elections, it will not be practicable to use one machine for more than one station.

When I went to register, I was told that all I will need on polling day will be my physical presence and my ID.

After I had registered, I was not given what other voters before me were given and that is the “IEBC acknowledgement slip”, the reason being they had been exhausted.

The IEBC supervisor said he would try to get them from Nairobi, even as the slip was not really that necessary. He added that I could collect the slip on polling day. What a joke! Why did the IEBC waste public funds to print and provide it in the first place?

But come to think of it, if the IT system misbehaves, I have no evidence to show that I’m a voter. So, I do not want to buy the idea that the slip is not important.

I hope the IEBC will not rely entirely on the IT system to store and do everything. I believe it would be advisable to also have the data in hard-copy just in case something unexpected happens, say, about 10 per cent of the machines fail to work during polling day.

Finally, I am imagining that many voters will not be familiar with the new system. What steps is the IEBC taking to ensure that all Kenyans are familiar with the new system and, that any form of interference regarding those voters who will not be conversant with the system is minimised?

If ever there was time when the IEBC was to be on top of things, this is it. It is very easy to mess things up with the IT system, unless those handling the process are really people of integrity who care about the welfare of Kenya and the people of this nation.

For heaven’s sake, let us all, as a country and people, try to avoid a repeat of the rigging and stealing of elections of the 2007. God bless the IEBC! God bless Kenya and the people of this great nation!

BERNARD KITUR, Nairobi

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Create awareness

Failure by the IEBC to meet its weekly target of 3.7 million is cause for alarm. The result is a clear indication that Kenyans, besides other hindrances like lack of ID cards and insecurity, are deficient of voter education.

The IEBC and other organisations have scored poorly in educating the masses on the need to enlist afresh.

Politicians, especially sitting MPs and councillors who have lost touch with the voters and thus on their way out, cannot be expected to spearhead such a campaign as some even wish that no one registers to send them home.

In my interactions with the public, I have realised that they are yet to know that everybody aged 18 and above and with an ID card or passport is being registered afresh.

Some are still keeping their old voters’ cards thinking that the ongoing registration exercise is only for those who had lost them or had never been listed as voters.

Other Kenyans are being turned away because they have the old generation ID cards and have decided to keep off instead of going to apply for the new generation IDs (Immigration ministry promised to have 60,000 churned out weekly).

There is also the feeling that people should even be bribed to register. Some have been asking questions such as “Why register?” “Why vote?”.

They have lost hope in the people they voted for in the past to the extent that they see no need to vote any more.

DENNIS BIKO, Kakamega

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Potent weapon

Some think that voting is time-wasting and of no impact. How do you expect things to change yet you shy away from a process that will shape the destiny of Kenya?

The vote is our potent weapon to spur a revolution. It is a golden opportunity to elect leaders who will steer our nation forward.

ALEX KIMONDO, Nyeri

Kimemia, remember those who came before you

Updated Friday, February 22 2013 at 00:00 GMT+3

One day I was alone with a furious minister in his office. The minister was fuming that in our constituency profiles, we had shown his curriculum vitae as being the shortest, almost with nothing to talk about really.

As he foamed in the mouth, something that made me unhappy with my boss for sending me to go ‘get his side of the story’, he kept pointing at President Moi’s portrait, on the wall. “What are you telling him... that he picks illiterates to run ministries? Are you trying to have me sacked? I will deal with you, you will regret this young man!’’ thundered the livid minister.

The chap just like myself then, switched into our mother tongue in response to my statement that I had nothing to do with the profile.

“I don’t care, when men fight with sticks, and when one breaks, the splinter hits the nearest person. For me that is you!’’

The message sunk that the chap was actually telling me that I must somehow have been within the vicinity of a crime scene. I was among the undergrowth upon which a huge tree crashes on when it falls.

I thought about the former influential minister who did not in the end give me his CV, when I listened to Chief Justice Willy Mutunga, talk about a man who almost went for the Governor race, were it not for the tribulations of his former boss Mr Francis Muthaura.

He is called Francis Kimemia, a guy who I am told has the ear of retiring President Kibaki.

Let us just ask ourselves why his name these days keeps popping up in the most unlikely of places.

The claim by Chief Justice Mutunga that Kimemia tried to lord over the Judiciary by purporting to have him stopped from going outside the country without his clearance, is just one among the many that have been coming up.

You have heard about how he one time reportedly sneaked some names to Parliament for clearance, purporting to have been agreed to both by the President and Prime Minister.

You also heard about him and the 47 County Commissioners the court ruled were appointed by the President — to whom he reports directly and some of whose key decisions he implements — unconstitutional.

Months later, they are still in their stations and the coded message to the courts is that the Judges and Magistrates can jump into Lake Victoria, but things will be done the way the Harambee House mandarins want, led by Kimemia, and not as ought to be according to the law.

Lest you forgot, Kimemia actually, like Muthaura was, and is the ‘engine’ of the Presidency.