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31Mar/131

The simplicity of China-Africa relations

From: Judy Miriga

Good people,

China is expanding and greasing corruption in Africa using corrupt leaders who agree to steal from taxpayers. Chinese influence in Africa is taking away wealth and resources from Africa to boost their Economy. When they do not pay taxes, how is that profiting Africa in return.........How will Africa manage to get out of their poverty mess and maintenance and replenish the tear and wear from environmental destruction Chinese commit in Africa if there is no taxes paid in return.........??? How is their activities profiting Africa ???

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

http://socioeconomicforum50.blogspot.com

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On Sun, Mar 31, 2013 at 8:08 PM, Mike Ikwalala wrote:
To me, this is yet another oversimplification of a subtle and complex relationship [with China] aimed at siphoning Africa's wealth without a fuss. Just as we have been unsuspectingly embracing every Western handout wrapped up in a 'development support' packaging, we're in for another shock of a generation. Chinese are not stupid. They know what they are doing. We don't. The African mindset has hardly changed for the last 50 years when it comes to dealing with foreign partnerships. We still get lured to bed so easily by every 'monied' man who approaches us. We don't seem to learn any lessons from the harsh treatments of the last 50 years partnership and alliances.

Yes, we need FDI to flow in so we can keep up with the global economical trend. Yes, we can't ignore China in its upsurge to global dominance. My only worry is, are we doing something different from what we have been doing for the last 5 decades when it comes to closing deals that have national implications? From what I can see, it's business as usual. It's all about political stunt and appearing 'investment friendly'. But in the end, it's not the Chinese who will lose, it's (as always) we!

On Sun, Mar 31, 2013 at 6:55 PM, wrote:

A friend in need is not always a friend indeed!

Sent from my BlackBerry® smartphone on the Tigo Tanzania Network

From: Mobhare Matinyi

Date: Sun, 31 Mar 2013 15:06:58 +0000
Subject: The simplicity of China-Africa relations

We have the responsibility to defend and protect our country; the Chinese won't.

Subject: The simplicity of China-Africa relations
From: abduldello@gmail.com
Date: Sun, 31 Mar 2013 06:45:41 +0000

Well saidi Matinyi, but there is more to look at the China - Tanzania relationship. It is probably not just counterfeit and low quality products, it is also about the involvement of Chinese companies in corruption to win big construction bids (especially road construction) and leaving us with jobs half done. We pay for these constructions through big loans that have almost doubled our national debt within just two years. Its our own stupidity yes, but coming from a long time friend is not a big deal. China knows about all this, and nobody knows if these companies get their Government support to do what they do.

Regardless of what we hear and see, we must be very careful not to end up in having a counterfeit relationship with China.

Sent from my BlackBerry® smartphone on the Tigo Tanzania Network

From: Mobhare Matinyi
Date: Sun, 31 Mar 2013 05:00:09 +0000
Subject: The simplicity of China-Africa relations

The simplicity of China-Africa relations

Mobhare Matinyi, Washington DC. The Citizen, Tanzania. Thursday, 28 March 2013 20:30.

Just ten days after taking office as the leader of the People’s Republic of China, President Xi Jinping landed in Tanzania on Sunday to begin his three-nation historic tour of Africa that included South Africa and the Republic of the Congo. He had just concluded his first foreign tour in Russia.

President Xi’s visit to Russia was explicable, but his decision to come to Africa before anywhere else stunned and even angered Western capitals and their biased press which always sees the worst side of Africa. He didn’t care!

Perhaps what was more surprising was Xi’s decision to start his visit in Tanzania, arguably the real friend of China in Africa for five decades now. Fine, a third of Sino-Africa trade is with South Africa, and Congo-Brazzaville supplies crude oil, but why Tanzania?

To quickly recap, Tanzania started relations with China immediately after the independences of Tanganyika and Zanzibar, and continued after the unification in 1964. Tanzania and China signed the Treaty of Friendship in February 1965 when President Julius Nyerere visited the country in the first of his five visits although economic, technical and military relations had already started in 1964.

Several agreements and visits by civilian and military leaders of the two countries followed including three Tanzanian presidents who came after Nyerere, and three Chinese premiers starting with Zhou Enlai in 1965, Zhao Ziyang in 1983, and Li Peng in 1997.

When the then Chinese president, Hu Jintao, visited Tanzania in February 2009, the leader of the world’s most populous nation and the emerging superpower noted admirably in his speech that the China-Tanzania relationship had become “a model for both China-Africa and South-South cooperation.”

The stories of China and Tanzania go centuries beyond modern history, a reason why Kilwa archaeological excavations recovered many Chinese coins dating to the Song Dynasty which ruled China between 960 and 1279. Yes! That far back!

The Chinese will never forget how Tanzania led other African nations in supporting Beijing’s efforts to regain its seat at the United Nations, kicking out the Taiwan-based Republic of China.

Between the two friendly countries there is a lot to justify their closiness, like the Tanzania-Zambia Railway (Tazara), and much more in foreign policy and ideological matters to warrant Xi’s decision to pay such an honourable visit to the United Republic of Tanzania. Putting it short and simple, Tanzania and China are friends in need and indeed.

But again, why did he choose to visit Africa after Russia, snubbing the big powers? President Xi wanted to send the message that China is serious about its relations with Africa. Why Africa? Well, historical ties are there, but in addition to that China needs Africa and Africa needs China, and between them there is neither hypocrisy nor hidden agenda.

I like the way Tanzanian President Jakaya Kikwete puts it every time the Western press bothers him. In one incidence in December 2011 he said: “Africa needs markets for its products; Africa needs technology and infrastructure for its development. China is ready to provide all that. What is wrong with that?”

Speaking in Washington DC in 2009 at the United States-Africa Business Summit, President Kikwete told Americans: “Why complain about China? Just come to Africa and invest the way the Chinese are doing.”

There is nothing complicated between China and Africa; it is give and take. Africans are aware of the situation that exists currently in which China seems to benefit more, but these things can be settled out with time and without the help of the West. Some of these challenges are counterfeit products, the sudden growth of the Chinese diaspora in African cities, and the poor quality of Chinese workmanship.

But I don’t agree with those who lament that China buys raw materials from Africa but brings in finished goods. Come on! Who prevented Africans from doing the opposite?

As we speak today, annual China-Africa trade stands at $200 billion, and if the trend continues Africa will soon surpass the sluggish economies of the US and the European Union. Shockingly, US-Africa trade stands slightly below $100 billion, while the EU is taking forever to conclude an economic partnership agreement with Africa.

If that is the case then, why should President Xi bother about the “powerful” West? Is that difficult to figure out? Again, China has what Africa needs and Africa has what China needs, and that is all we need in our mutual understanding and respect as Xi told the world and Africa on Monday. Nothing is complex!

Probably, it is time for those who trumpet aloud about new Chinese colonialism to Africa to be realistic. Africans want to move forward and they have no time with anyone who wants to impose their will on others. Africans are growing tired of receiving charitable donations and being lectured endlessly; let the world understand!

http://www.thecitizen.co.tz/editorial-analysis/20-analysis-opinions/30043-the-simplicity-of-china-africa-relations

China-Africa Relations Scrutinized in AfDB’s New Book
20/09/2011
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http://www.afdb.org/en/news-and-events/article/china-africa-relations-scrutinized-in-afdbs-new-book-8375/

Press conference (audio)

New AfDB Study Takes in-depth Look at China-Africa Partnership
The African Development Bank today released a book titled "China and Africa, An Emerging Partnership for Development?" In recent years, China has been the prominent emerging partner for most of Africa and new China-Africa relations have generated heated debates. Is China really the sole winner in its relations with the African continent? This book challenges this idea by analyzing opportunities and challenges for both parties.

According to AfDB Vice-President and Chief Economist, Mthuli Ncube, "China’s growing presence reflects this country’s growing economic and political power in the world and its appetite for natural resources of some African countries aims to fuel its economic expansion." On the one hand, China needs natural resources; on the other, it plays an important role in providing financing and expertise needed for the continent’s development.

Trade between Africa and China is quite substantial. In 2009, trade flows rose to 93 billons dollars, an eight-folds increase in a decade. African exports to China come mainly from the four resource rich countries. Indeed, natural resource and oil exports account for three-quarters of Africa’s exports to China and only six countries receive two-thirds of Africa’s total imports from China.

Chinese trade and investments are mainly related to extractive industries and infrastructure. More than 35 African countries benefit from funds in this sector. Investments increased seven-folds in six years. Improved infrastructure facilitates African products access to regional and international markets. Opening special economic zones run by Chinese offers additional opportunities to strengthen manufacturing capacities in many African countries.

China’s growing role is complementary to those of Africa’s long-standing traditional development partners, who are still dominant in terms of official development assistance, trade and investment. In addition, these traditional partners often provide some forms of aid such as budget support, which is very effective. The Bank considers that traditional donors and emerging partners such as China complement each other. The AfDB wishes to leverage Chinese resources and development expertise for the benefit of African economies.

This new book is the culmination of Bank work in the framework of the "China in Africa" project. It contains contributions by some of the leading experts in China-Africa relations, and received financial support from the UK Department for International Development (DFID).

Documents
China and Africa: an Emerging Partnership for Development? (8.2 MB)
Working Paper 129 - China’s Engagement and Aid Effectiveness in Africa (574 kB)
Working Paper 128 - China’s Manufacturing and Industrialization in Africa (420 kB)
Working Paper 126 - China’s Trade and FDI in Africa (637 kB)
Working Paper 125 - China and Africa: An Emerging Partnership for Development? - An Overview of Issues (382 kB)
Working Paper 124 - Post-Crisis Prospects for China-Africa Relations (543 kB)
China in Africa: A New Development Partner? (366 kB)
China-Africa Trade: A Path to Mutual Prosperity? (22 kB)
Development Research Briefs - Impact of the Financial and Economic Crisis on China’s Trade, Aid and Capital Inflows to Africa (688 kB)
Working Paper 107 - China, Africa and the International Aid Architecture (543 kB)

31Mar/131

For the love of Kenya Raila Amolo Odinga has done it again

By Gordon Teti

It is not a secret that Kibaki handed over power to the military immediately Uhuru Kenyatta was rigged as the president-elect. It is not a secret that the military went to Uhuru Kenyatta's home and saluted him. That salute by the head of the military was symbolic. By saluting Uhuru Kenyatta at his private home in front of camera, the military told Kenyans and the world that it would be either Uhuru Kenyatta or the military that will the wield the reigns of power after Kibaki.

After Kibaki handed-over power to the military, the Judges of the Supreme court had to decide between military rule and that of Uhuru Kenyatta. The Judges had to decide between the lesser of the two evils and they opted for Uhuru Kenyatta instead of military rule as a lesser evil.

Kenyans will one day remember how Raila Amolo Odinga has sacrificed alot for a better and more democratic Kenya. By Raila Odinga accepting the decision of the court, he once again as he did in 2007, sacrificed his electoral victory for the sake of Kenyans and Kenya. God will bless Raila Amolo Odinga for his love for the country rather than for self.

29Mar/130

KENYA: POLICE BAN DEMOS A HEAD OF RULING

From: Judy Miriga

Good People,

My worse fears is, in 2007/8 the police were found to have been in the offense and a big number of those murdered, were innocent people who were killed from their houses.

This kind of statement is worrisome and it causes lots of fears. Without police reform, and with this kind of public warning, police cannot be trusted where police is suppose to provide security of all..........

The world, more specifically President Obama with UK Prime Minister, David Cameron, should keep a closer watchful eye from any provocation and make sure that Kenyans stay safe from any attacks in the eventualities of Supreme Court Rueling and that, there is no repeat of 2007/8 casualties.

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

http://socioeconomicforum50.blogspot.com

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--- On Fri, 3/29/13, Fred Osewe wrote:

From: Fred Osewe
Subject: POLICE BAN DEMOS A HEAD OF RULING
Date: Friday, March 29, 2013, 11:28 AM

"Calmness" is a word that has over and over been misused in Kenya, in the recent past, by both that meant well- and- evil for the nation. Least of all top in the list, of those that should not use this word are, Kibaki and Uhuru. For one, Kibaki started the lawlessness path, Kenya, happen to find itself in today- in 2007/08 by working with the now disbanded ECK to manipulate elections results, thereby stealing Kenyans their Sovereign right, only for later, to in an extremely lawless way, swear himself to power at the statehouse at midnight, an act which for external intervention, to restore back peace in Kenya, Uhuru has not only with the help of IEBC repeated the same, this time round, but has moved even a step further to assume the role and powers, of the presidency, in an even more disputed election, in total disregard of the law. What now remains, to be addressed, is whether or not the law, will come out in full force to protect Kenyans. Or Kenyans to restore law in the best way they know how! And looking around, Kenyans taking care of the forces personnel that violate their rights is not just a common thing, but is as well on the increase. And reaching, Kibaki, Uhuru, Kimaiyo and the rest, will be the easy part!

In politics, if you want anything said, ask a man- if you want anything done ask a woman.

From: Maurice Oduor
Sent: Friday, March 29, 2013 8:37 AM
Subject: POLICE BAN DEMOS A HEAD OF RULING

I would advise all Luos who live in heavily Kikuyu areas to not stay home on Saturday. The Kikuyu anger on Saturday will be unbearable.

Courage

On Fri, Mar 29, 2013 at 9:23 AM, fred O aboge wrote:

old habits die hard! The new constitution protects the right to demonstration! This is just as illegal! As long as demonstrations are peaceful orderly and no one is rioting, they have no business "banning" demos!

On Fri, Mar 29, 2013 at 8:09 AM, Samuel Omwenga wrote:

People are starting to lose it even before the Supreme Court makes it official March 4th elections were rigged.

Let's just hope they confine their anger to these forums and not on the ground.

Peace, Unity and Truth
Omwenga

On Fri, Mar 29, 2013 at 9:06 AM, Timothy Kihara wrote:

I totally agree they know as :

They know the idiots who think other proples property to be polling station to burn!

They also know the kings and queens of demonstration

They also know the tin gods of lies and distorters of truth who will cry the decision was hacked and changed before reading!

They also are privy to the foreign master's warning who have realised their stooges might go no where come Saturday's ruling despite insisting rejected votes be part of tallying!!!

Take kidero's miserable advise - buy helmet if you intend to go near SC kesho.

Ukivaa ile ya mkeka kama unaenda city stadium ama nyayo usilaumu mtu more so yours truly.

Enjoy your Friday.

On Mar 29, 2013 3:42 PM, "Joseph Lister Nyaringo"

wrote:

What is behind the banning of demos by police a head of Supreme Court ruling where they have cited hot spots in the Country? Is this a reflection of being privy to the likely court ruling? Just a thought.

Joseph Lister Nyaringo - North America
www.listernyaringo.org

http://listernyaringo.blogspot.com/

In prosperity our friends knows us; in adversity we know our friends.
John Churton Collins

Lawyers: Vote re-tallying revealed discrepancies

Updated 3 hrs 21 mins ago
By Standard Digital Reporter
Nairobi, Kenya: The re-tallying of votes from 22 polling stations and an audit of all Forms 36 used in the March 4 election revealed errors that were disclosed to the Supreme Court on Friday.

Lawyers representing electoral officials immediately dismissed these "clerical errors" as insignificant to the final outcome.

Lawyers representing petitioners said the scrutiny revealed there were ten missing Forms 34 out of the 18,000 looked at in the re-tally. There were also errors in some of the Forms 36 used to declare results at the national tallying centre.

Form 34 is the statutory Declaration of Results at Polling Station in respect of the Presidential Election. Form 36 is the Declaration of aggregated tally of Results in a Constituency/county in respect of Presidential, National Assembly, County Women Representative, Senator, Governor and County Assembly Representative elections.

Lawyer Kethi Kilonzo, representing Africog, singled out Laikipia West constituency where the team said they got two Forms 36 hence "were not able to verify the votes cast". Uhuru got 70,760 votes in the area.

She took issue with the fact that ten Forms 34, all for polling streams in different constituencies, were not provided to the scrutinising team.

“Under article 138 (4) a candidate must meet two thresholds of getting more than 25 per cent of votes cast in more than half of the counties and 50 percent plus one of the total votes cast,” she added. “The IEBC were under responsibility to tally and verify all 33,400 polling stations. The formula is mathematical and the constant is 'all votes cast'. If there are Forms 34 missing, where are they and what are the results of those?"

She pointed out that the results were compiled by March 5 adding: “Even if returning officers were walking to Nairobi they would have reached by now,”

She said the IEBC made a decision to announce the winner without completing tallying from all polling stations.

“Even if it was one polling station, the chairman could not announce the results without that form in his hand,” she added, “In the 10 constituencies can the court state with certainty what the results were?”

She said with the results of the scrutiny ordered by the court, the judges should ask if the constant formula of tallying all votes cast had been used.

She asked the court to decide if the IEBC carried out its mandate as required by law and whether its declaration of winner should be upheld.

Lawyer George Oraro representing Prime Minister Raila Odinga said there were grave errors in Forms 36 from seven constituencies. He said in some instances, there were two Forms 36.

He said there were "huge discrepancies" in the Forms 36 used in the final tally of presidential results and added Uhuru Kenyatta could not have garnered the 50 per cent plus one vote based on the errors.

But the Independent Electoral and Boundaries Commission through lawyer Nani Mungai said the discrepancies in Forms 34 and Forms 36 were explained by Returning Officers in affidavits filed in the case.

Lawyer Fred Ngatia for Uhuru Kenyatta said there were clerical errors across the country but added they were not substantial.

“Voting, counting and tallying of the presidential election was done to a substantial degree of accuracy,” he said.

Lawyer Katwa Kigen representing Deputy-president elect William Ruto said the elections were conducted fairly.

“The elections were conducted by humans and humans commit errors, mistakes and oversight but in this case they are insignificant and do not suggest malice or collusion,” he said.

Chief Justice Willy Mutunga said they have retreated to write the judgment and will deliver the ruling on Saturday

Police ban demos ahead of court's ruling

Inspector General of Police David Kimaiyo addresses a press conference in Nairobi on March 29, 2013. He is flanked by Samuel Arachi. PHOTO / ANN KAMONI

By JOHN NJAGI jnjagi@ke.nationmedia.com
Posted Friday, March 29 2013 at 13:44

Police have vowed to crackdown on planned demonstrations across the country ahead of Saturday's ruling by the Supreme Court ruling on an presidential petition filed by Prime Minister Raila Odinga.

Inspector General of Police David Kimaiyo said they are aware of people who plan to hold demonstrations regardless of how the Supreme Court rules on the petition.

The police have consequently banned any assembly outside the premises of the Supreme Court on Saturday and instead urged the public to follow the proceedings on television.

“This should not be construed as denial of right to association, but a precaution to ensure criminal elements do not hijack such demonstrations to engage in lawlessness,” he said.

Mr Kimaiyo, in a security briefing at his office, cited Nairobi where supporters of both the Coalition for Reforms and Democracy (Cord) and Jubilee Coalition plan to converge outside the Supreme Court when the judges will be reading out their ruling.

According to the Inspector General, the planned demonstrations are being co-ordinated by non-governmental organisations.

Mr Kimaiyo advised NGOs seeking to engage in demonstrations to first seek police security.

Katiba La Mwananchi is one such organisation that has been warned not to engage in demonstrations, because it lacks the capacity to ensure security of its members and ward off criminals who may take advantage of the occasion.

At the same time, the police boss said they have gathered evidence on some people who are distributing pangas, simis, machetes and clubs in parts of Kibera, Mathare, Dandora, Kariobangi and some parts of the Coastal region.

“We also wish to advice leaders issuing statements that are tantamount to incitement, hate speech and negative stereotyping to desist from doing so. We have noticed increased polarization of the country emanating from such statements and some are done through social media and those perpetuating this know themselves,” the police boss said.

Poll was a fraud on voters, argues lawyer

"They (IEBC) conducted the elections in total contravention of the constitution and their own regulations” Kethi Kilonzo, AfriCog lawyer. Photo/BILLY MUTAI NATION MEDIA GROUP
By PAUL OGEMBA pogemba@ke.nationmedia.com AND JOHN NGIRACHU jngirachu@ke.nationmedia.com
Posted Wednesday, March 27 2013 at 22:30

Videos were among the evidence presented at the Supreme Court on Wednesday in a petition challenging the election of Mr Uhuru Kenyatta as Kenya’s fourth President.

Two petitioners, Prime Minister Raila Odinga and the African Centre for Open Governance (Africog) laid out what they said was evidence that Mr Kenyatta was not validly elected as the hearing of the petition proper began.

Africog was the first to present its case. It alleged massive irregularities, contravention of the Constitution and violation of electoral laws by the Independent Electoral and Boundaries Commission (IEBC).

Through its lawyer, Ms Kethi Kilonzo, the civil society group showed videos of results announcement at Nyeri and Bomet counties tallying centres which Ms Kilonzo claimed were different from the final results announced by the IEBC and captured in Form 36.

“What the Independent Electoral and Boundaries Commission announced as the final presidential tally was a complete fraud since the effects of the irregularities were that what candidates got was not what they ought to have got,” she said.

For Nyeri, the organisation played a video in court in which the county tallying officer read the final results showing Mr Uhuru Kenyatta having 317,881 votes with his closest challenger, Mr Raila Odinga, getting 6,075 votes.

According to Ms Kilonzo, the final tally by IEBC showed Mr Kenyatta’s votes as 318,880 while Mr Odinga’s votes were given as 5,638. The rejected votes went down from 3,030 to 2,465.

“Form 36 presented by IEBC is filled by fraud against every individual who queued for hours to vote for their preferred candidate and the only logical solution would be to invalidate the results of the entire county,” Ms Kethi said.

“Every man or woman is entitled to one vote but the end of the IEBC conduct did not justify the means. They conducted the elections in total contravention of the Constitution and their own regulations which cannot lead to a legitimate government,” she said.

Ms Kethi gave another example of Machakos Town constituency where she alleged that the IEBC register had only 125 voters registered without biometric information but the final results showed a total of 3,182.

The court was also shown another video from Bomet County, which Ms Kilonzo claimed, showed the final presidential votes tally pinned on the wall at a tallying centre differing from the one announced by IEBC and indicated on Form 36.

Said Ms Kilonzo of another centre, Charity Primary School in Kieni constituency: “The principle register... had only one registered voter, but the result shows Mr Kenyatta got 310 votes. Even the returning officer did not indicate how many registered to vote or the results of other candidates”.

She added that the IEBC cannot say it did not break the law since it went against its own promise to deliver results within 48 hours, adding that the electronic transmission failure was IEBC’s own making to enable stealing of votes.

“We cannot understand the mischief behind the system failure since it was not for the benefit of the commission but for the people of Kenya to ensure a free, fair and transparent election,” Ms Kilonzo said.

Should the Supreme Court find the election was bungled, Ms Kilonzo argued that the judges should order the Director of Public Prosecution to investigate and prosecute those involved in committing electoral offences.

The formal hearings begun with the judges announcing that they had distilled all the issues presented by the lawyers, who couldn’t agree on what the judges should decide, and condensed them into four.

The first Issue is whether Mr Kenyatta and William Ruto were validly elected in the presidential election.

Second is whether the presidential election was free, fair and transparent and in compliance with the law.

Third is whether the rejected votes ought to have been considered in calculating the final percentages.

The final one is what orders the court should make after determining the three issues.

Oraro: Report confirms elections results doubtful

Updated 1 hrs 53 mins ago
By Wahome Thuku
Nairobi, Kenya: Prime Minister Raila Odinga says the scrutiny of results initiated by the judiciary has confirmed his cases that there were massive discrepancies in the tallying of presidential elections.

His lawyer George Oraro asked the Supreme Court to use the report to find that the elections results were not credible.

“You can’t rely on results as provided by the IEBC because even from exam of 25 polling stations you have variation of 3,347 additions between form 34 and 36,” Oraro told the court.

Oraro pointed out that the report did not throw a lot of light in this scrutiny since not all forms 36 had been scrutinized.

Raila asked the judges to consider the scrutiny as override all other submissions in the cases since it had been initiated by the court itself.

There were grave errors in documents from several constituencies.

Some had two forms 36 and others had varying number of voters yet others had incomplete numbers, Raila argued.

The PM said no re-tallying had been done on report of the 22 polling stations which they had raised issues with.

The scrutiny was based on the registered voters in the principle register provided by the IEBC.

“Even after the registers were closed there were still registrations of voters. No green book or special register was produced in court,” Oraro claimed.

He noted that according to the report forms 34 were missing from 10 polling stations.

“Neither ourselves nor this court have been provided with these form 34,”

He added, “You have remarks of more voters than those registered irrespective of where you are looking at.”

He said if the variances were considered the results would be that the winning candidate would not get 50 per cent plus one votes.

29Mar/130

KENYA: SCORE OF HOUSES TORCHED IN TINDERET IN SOUTH NANDI DISTRICT FOLLOWING FLARE UP BETWEEN THE TALAI AND LOCAL COMMUNITY OVER CLAIMS OF WITCHECRAFT.

Reports Leo Odera Omolo

Seven dwelling houses were set ablaze by unidentified attackers forcing 19 families members of the Talai {Laibons} to flee from their homes narrowly escaping deaths.

The Talai, a, minority community or a sub-clan with sorcerers who are scattered in most of the Kalenjin sub-tribes have had no peace ever since they were forcefully evicted from their ancestral land by the colonial administration in 1934 and forced into exile in the remotest area of Southern Nyanza.

The Talai suffered the brunt of colonial persecution including forced exile out of their ancestral land in Kericho, Nandi, Baringo and other places over the accusation that they practiced witchcraft, Close to 2700 members of the sub-clan together with their herds of cattle and other domesticated animals were forced out of their land in 1934 following a proclamation endorsed by the colonial legislative Council.

The colonialists worked in collaboration with chiefs, white missionaries and white settlers who accused them of sensitizing the community against giving their land away for the plantation of tea bushes in Kericho and Nandi Hill region at the turn of the 20th century.

It was hoped most of them would die of starvation and lack of water for themselves and their animals. They were settled on top of Gwassi Hills in what is today called Gwassi district in the Suba region. Heir hard-core leaders were taken cross the Lake Victoria and exiled on Mangano Island. Others were consigned to detention camps in Nyeri and other places far away from their homes.

It was in 1962 when the diminutive Kipsigis politician, who was then the Member of the Legislative Council for Kipsigis, Dr. Taaitta Araap Towett, moved a motion in the Council and urged the government to revoke the ordinance that had banned the Talai community from Gwassi so that they could go back to their ancestral land and live happily among their fellow Kalenjin

Upon their return, the majority got scattered among many areas within the North and South rift regins and purchased farms,while other remain and less and have been living under a very squalid condition on a two acre Municipal land in Kericho Municipalty. All the previous governments had promised to secure land plots for the Talai, but in vain.

The Talai began mass exodus from Gwassi to their homes in Nandi, Baringo and other places. Unfortunately there was no land to settle them back home because when they were living in exile, the Land Consolidation Programme and land adjudication were introduce and all their land were dished out to other people. To the surprise and shocking of the colonial administration the Talai population had doubled and close to 7,000 could be accounted during their return in 1962.

This is the clan of the renown freedom fighter, Koitalel Arap Samoei, who was shot and killed by the British soldiers IN 1905, He was betrayed and lured into a faked peace talk where he was shot by a British soldier and killed. Nandi rebellion that lasted for close to nine years during which the Nandi warriors engaged the British expedition forces in running battles thereby sabotaging and preventing the construction of the Mombasa-Kisumu Railway line.

Descendants of Koitalel Arap Samoe had settled in Kbirer village in Tinderet in the Nandi Hills district. But on Tuesday night last week unknown persons had invaded the village and torched several houses forcing the occupants to run for shelter into the nearby church. The Talai said they had been warned of the consequences by the local community who claims they were practicing witchcraft causing the villagers some misfortunes.

Former Kapsisiywo civic leader David Sulo said the community had lived peacefully with their neighbors in Kabbirer for close to 50 year, but he suspected the latest flare up as politically motivated as the Talai had coexisted with their neighbors harmoniously for many years. He called upon the Provincial administration in Nandi Hills to intervene and restore order. He could not disclose the location of the whereabouts of those who hadn't taken shelter in the churches for security reasons.

An impeccable source in Nandi Hills said that three people have already been apprehended and put into police custody on suspicion of being involved in the incident, and police were actively hunting for the rest.

Kabirer Locational Chief Sammy Keter could not tell the exact number of those in custody. The Nandi Hills D.C could not be reached for his immediate comment over the incident which has been roundly condemned by politicians and leaders in the entire Nandi Coounty.

Ends

28Mar/130

Confronting China: US Boosts Military Presence in Africa

From: Yona Maro
--
www.wejobs.blogspot.com Jobs in Africa
www.jobsunited.blogspot.com International Job Opportunities
www.naombakazi.blogspot.com

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By Andrei Akulov

President Obama has instructed the Defense Establishment to pivot its forces and reorient its efforts toward Asia. Instead, the U.S. armed forces step by step get drawn into the quagmire of messy conflicts in Africa. Recently, the United States has become embroiled in conflicts in Somalia, Libya, Mali and central Africa. The presence is about 5,000 U.S. troops strong. The forces are scattered across the continent in the places like Djibouti, the Central African Republic and now – Niger.

The official reason is fighting al – Qaeda affiliates and other extremists. In a written statement provided to the Senate Armed Services Committee, Army General David M. Rodriguez, who is expected to become the next commander of the Africa Command (AFRICOM), estimated that the military needs to increase its intelligence-gathering missions in Africa by nearly 15-fold. «I believe additional intelligence, surveillance and reconnaissance capabilities are necessary to protect American interests and assist our close allies and partners», the General wrote in the statement, which during his confirmation hearing in Congress. «The recent crises in North Africa demonstrate the volatility of the African security environment», Rodriguez is cited by the Washington Post (1).According to the newspaper, «Rodriguez said the Africa Command needs additional drones, other surveillance aircraft and more satellite imagery adding that it currently receives only half of its «stated need» for North Africa and only 7 percent of its total «requirements» for the entire continent».

When AFRICOM was created there were no plans to establish bases or have boots on the ground. In reality a network of small staging bases gradually comes into existence along with a forward base for special operations forces in Kenya. The US Congress has criticized the administration for not being able to rapidly respond to the September 2012 attacks on the U.S. diplomatic post in Benghazi, Libya, when the U.S. ambassador and three other Americans lost their lives. Since then, the Defense Department has intensified the steps to boost military capabilities to react on short notice in case there is a contingency in Africa. «That is a fight we have a dog in», Deputy Defense Secretary Ashton Carter said during a Jan. 24 2013 taping of «This Week in Defense News».

AFRICOM – military tool of US expansion in Africa

The Trans-Saharan Counterterrorism Initiative (TSCTI) was begun by the Pentagon in 2005 to strengthen US presence in Africa. Mali, Chad, Mauritania, and Niger were now joined by Algeria, Mauritania, Morocco, Senegal, Nigeria, and Tunisia in a ring of military cooperation with the Pentagon. The Trans-Saharan Counterterrorism Initiative was transferred to the command of AFRICOM.

On 1 October 2008, AFRICOM was separated from USEUCOM and began operating on its own as a full-fledged Unified Combatant Command headquartered in Stuttgart, Germany. It is responsible for U.S. military operations and military relations with 53 African nations – an area of responsibility (AOR) covering all of Africa except Egypt (the responsibility of Central Command). The command has defense attaché offices in 38 African nations, as well as numerous subordinate commands located in Germany, Italy and the Horn of Africa. The Sixth fleet is responsible for providing naval forces in case of contingency. The Combined Joint Task Force – Horn of Africa is ready for emergency actions. AFRICOM numbers around 2,000 assigned personnel, which includes military, civilian, contractor, and host nation employees. About 1,500 work at the command’s main headquarters. Others are assigned to the command’s units in England and Florida along with security cooperation officers posted at U.S. embassies and diplomatic missions in Africa to coordinate Defense Department programs within the host nation. AFRICOM has limited assigned forces and relies on the Department of Defense for resources necessary to support its missions.

The command defines its mission as follows:

“Africa Command has administrative responsibility for US military support to US government policy in Africa, to include military-to-military relationships with 53 African nations». Speaking to the International Peace Operations Association in Washington, D.C. on Oct. 27, 2008 General Kip Ward, then Commander of AFRICOM defined the command’s mission as, «in concert with other US government agencies and international partners, to conduct sustained security engagements through military-to-military programs, military-sponsored activities, and other military operations as directed to promote a stable and secure African environment in support of US foreign policy.”

Dr. J. Peter Pham, a leading Washington insider and an advisor of the US State and Defense Departments, states that one AFRICOM prime objectives is «protecting access to hydrocarbons and other strategic resources which Africa has in abundance … a task which includes ensuring against the vulnerability of those natural riches and ensuring that no other interested third parties, such as China, India, Japan, or Russia, obtain monopolies or preferential treatment».

Military activities

While joint military exercises between the US and South Korea hit the radar screen of global media this March, there have been two major military operations conducted by the US armed forces with the participation of the UK, France, Canada and several African states. The drills are an element of annual maneuvers targeted against terrorism in Africa.

In February Exercise Obangame Express 2013, an at-sea naval exercise focused on counter-piracy and maritime security operations, was conducted in the Gulf of Guinea. The event brought together African, European and Atlantic partner maritime services to work together, share information and hone skills to better monitor and enforce their territorial waters and exclusive economic zones. The exercise included a wide variety of training for all participating forces including at-sea ship boarding and queries, air operations, communication drills and regional information sharing. Participating countries were Belgium, Benin, Brazil, Cameroon, Cote d’Ivoire, Equatorial Guinea, France, Gabon, Netherlands, Nigeria, Republic of Congo, Sao Tome and Principe, Spain, Togo and the United States.

In March AFRICOM conducted Operation Flintlock, an annual exercise that has been conducted since 2005. This time it involved over 1,100 troops from twenty African, European and North American countries honing their skills in Mauritania (the village of Weizen).

Another military exercise led by the command in March was the Saharan Express 2013. The mission was to enhance maritime interaction between the US, European and African states. It involved naval forces from the U.S., France, Britain, Spain, Portugal, The Netherlands, Cape Verde, Ivory Coast, Gambia, Liberia, Senegal, Sierra Leone, Mauritania and Morocco. The project featured numerous training drills including ship boarding, air operations, medical familiarization, communications and regional information sharing. The training event has been organized annually since 2011. It is one of four African regional maritime exercises taking place within the framework of the «African Partnership Station (APS)», a global maritime initiative developed by the US to boost cooperation with of the armed forces of African states.

Last December the US Stars and Stripes newspaper reported on plans to create an AFRICOM rapid reaction force (2).

Speaking at George Washington University, AFRICOM commander General Carter Ham said his command is now outfitted with a new capability. «With regard to a response force, when the command was initially formed there was a sharing arrangement with what’s called the Commander’s in-Extremis Force with European Command. That was a good relationship that up until the 1st of October of this year was a shared arrangement», Ham said. «And now we have our own». The force will be permanently stationed in Fort Carson, Colorado, home to the 10th Special Forces Group. According to the Stars and Stripes, AFRICOM declined to comment further about the placement of its elite Special Forces team, whose movements are generally shrouded in secrecy. Jim Gavrilis, a security consultant, said, given the U.S. military’s small footprint in Africa, it is likely that the rapid response force will deploy on rotational missions.

On March 6 Gen. Carter Ham told a Senate Committee «A new Africa-focused Marine crisis response unit could soon be in place as part of a broader effort to beef up Africa Command’s ability to confront emerging terrorism threats on the continent». AFRICOM is also looking to place other special operation forces in three strategic locations in southern Europe and West Africa to bolster the command’s response capabilities, according to Ham. The General pointed out that AFRICOM’s response capacity is gradually improving. In October, AFRICOM received its own Commander’s in-Extremis Force, which is comprised of Green Berets from the Army’s 10th Special Forces Group that maintains a forward presence in Europe along with the unit, headquartered in Fort Carson, Colorado (3).

In January The United States dispatched about 100 military trainers to six nations that will contribute troops to a pan-African force being prepared for deployment to Mali. The training mission in Niger, Nigeria, Burkina Faso, Senegal, Togo and Ghana is the largest U.S. involvement to date in preparations for the African force, which is being assembled by the 15-nation Economic Community of West African States, or ECOWAS. The United States also has promised to help fly equipment and troops for the force into Mali. That effort may involve U.S. aircraft but could also be done with Nigerian, South African or outside commercial aircraft paid for by the United States.

On Jan 28, 2013 the US signed a Status-of-Forces (SOFA) Agreement with Niger. The U.S. already has twenty-four such agreements with other African states. The U.S. Army, for instance, is launching a pilot program to deploy small Army elements to about 30 places in Africa to conduct partner-building missions and support American embassy outreach activities(4). On January 28, 2013 the government of Niger made public its consent to allow the deployment of US drone base on its territory. The facility is located in Agadez province bordering Mali, Algiers and Libya. President Obama announced the base was operational on February 21. The force is added to the US drones unit deployed in Djibouti. Mr. Obama said the 100 strong contingent armed for self-protection would support the French-led operation in neighboring Mali. Interestingly, this move comes just one month after the U.S. agreed to fly French troops and supplies into the country. According to the New York Times, «The new drone base will join a constellation of small airstrips in recent years on the continent, including one in Ethiopia, for surveillance missions flown by drones or turboprop planes designed to look like civilian aircraft». (5) The Pentagon has also expanded operations and construction at the only permanent U.S. base on the continent, Camp Lemonnier in Djibouti, which serves as a hub for counterterrorism missions in Somalia and Yemen.

China in Africa

It’s an open secret AFRICOM was created to counter the growing presence of China in Africa. The Chinese African performance is a story of success. China’s dynamic economy has great need for oil and other natural resources to sustain it. The country currently imports approximately 2.6 million barrels of crude per day, or about half of its total consumption. Approximately a third of its imports come from African states.

China secures long-term economic agreements for raw materials from Africa in exchange for Chinese aid and production sharing agreements and royalties. In comparison with IMF-dictated austerity measures, China offers large credits, soft loans to build roads and schools, something greatly appreciated by African countries.

In terms of development lending, as opposed to conditional lending by the World Bank, Chinese aid is rendered with no strings attached and usually spent on infrastructure projects that raise grass roots living standards. The most frequently cited example is Sinopec, a China’s state oil company. It has acquired oil concessions in Angola and is rebuilding the country’s transport infrastructure, hospitals and state buildings. China is viewed by African countries as a more attractive economic partner, compared to what the West has to offer.

Just a few months before the US decision to establish AFRICOM, China hosted an historic Beijing summit, the Forum on China-Africa Cooperation (FOCAC), which brought nearly fifty African heads of state and ministers to Beijing in October 2006. In 2008 then Chinese President Hu Jintao announced a three-year, $3 billion program in preferential loans and expanded aid for the African continent. The funds came on top of the $3 billion in loans and $2 billion in export credits announced by the Chinese government earlier. In the ensuing four years China’s trade with Africa reached $166 billion in 2011, according to Chinese statistics. African exports to China rose to $93 billion from $5.6 billion over the past decade. In July 2012 China offered African countries $20 billion in loans over the next three years, double the amount pledged in the previous three-year period…

The trend is clear – Africa is becoming a theater for strategic competition between the United States and China, as both countries seek to expand their clout and secure access to resources.

Stiff competition for strategic resources like oil, gas, uranium, gold or iron is the specific feature of the situation in Africa. It’s not only about fighting extremists. The mission of AFRICOM is to push China and other rivals, like Russia, for instance, out of the continent or at least to cripple their access to the resources. The war on terror is a good disguise.

Talking about the Mali and other flashpoints. These are the follow-ups of the recent mistakes. In a television interview last month, Mr. Lavrov said, «France is fighting against those in Mali whom it had once armed in Libya against Qaddafi».

Russia has pointed repeatedly that the ongoing unrest in North Africa testifies to the fact that the Western-supported Arab Spring has created turmoil and instability, the breeding grounds for terrorists. The US and NATO went beyond the UN resolution 1973 in Libya against Russia’s and China’s warnings not to do so. The NATO’s intervention spurred a domino-like effect across Africa’s Sahel region. Now we all face the implications. While supporting the efforts to combat terrorism in Africa, Russia has simultaneously criticized Western nations, including the USA and France, for arming the opposition in Libya. Now military skills and weapons spread across the region. The US presence in Niger may provoke further entanglement in case the facility is attacked, for instance. Like the very presence of Iraqi troops provoked attacks against the servicemen.

Military force, even when used for peacekeeping missions solely, is not the only thing the region needs. On March 1 Russia also announced the beginning of its involvement in the conflict by delivering 36 tons of aid to the country, including canned food, 45 tents, 2,000 blankets, cereals, and rice. Russia’s action comes just one day after Russian Foreign Minister Sergey Lavrov met with the U.N. Special Envoy for the Sahel, Romano Prodi about the ongoing conflict in Mali. It is expected the situation in Africa will be addressed during the BRICS summit in Durban, South Africa 26 – 27 March 2013. There is a hope the members will discuss the situation in wide perspective, perhaps coming up with proposals to positively tackle the issue of Africa’s instability.

Notes
(1) http://articles.washingtonpost.com/2013-02-14/world/37100512_1_africa-command-djibouti-west-africa
(2) http://www.stripes.com/news/africom-announces-it-will-have-rapid-reaction-force-1.201162
(3) http://www.stripes.com/news/more-crisis-response-headed-to-africom-amid-terrorism-concerns-1.210891
(4) http://www.defensenews.com/article/20130130/DEFREG04/301300017/Pentagon-Increases-Focus-AFRICOM
(5)http://www.nytimes.com/2013/02/23/world/africa/in-niger-us-troops-set-up-drone-base.html?pagewanted=all&_r=0

28Mar/130

Kenya: The recent election has created political leadership vacuum in the South Rift

Reports Leo Odera Omolo In Kericho Town.

The recently concluded general election in which the euphoria of the URP party swept the board in the South Rift like a tsunami winning nearly all parliamentary, senatorial and governorship positions has created a new political dimension in the South Rift region of the expansive Rift Valley Province.

IT has created a new political dimension among the members of the most populace Kipsigis sub-tribe of the larger Kalenjin ethnic groups. It has also created what the political pundits have termed as vacuum political leadership in the agriculturally rich region.

For many years ever since KADU a political party that was involved in s cut-throat competition with the ruling KANU during the pre-independence and post-independence era voluntarily dissolved itself soon after independence in 1963 and merged with KANU.

The Kipsigis land has ever since steadfastly remained under the grip of the ruling KANU. However, the miraculous turn of events occurred during the 2007 general election when the former Kipsigis political kingpin, the late Donald Kipkemoi Kipkalya Kones, the longer serving cabinet Minister under the Moi KANU regime rebelled and teamed up together with the influential Deputy Chief of the General Staff of the combined armed forced of Kenya, Lt. General John Arap Koech and changed the political land-map of the region.

The two forcefully introduced the ODM and its leader Raila Amolo Odinga in the region against the vehement opposition from the pro-Moi die-hard elements. The two criss crossed the full length and width of the region and vigorously campaigned for the ODM, which in turn clinched all the eight parliamentary seats in the South Rift.

Kones retained his Bomet parliamentary seat and was appointed to the Ministry of Works slot in the PNU / ODM coalition government. Unfortunately Kones perished in an aircraft mish up together with the former Sotik MP Miss Lorna Laboso.

Raila Odinga then appointed the colorless former State House Comptroller and businessman Franklin who succeeded Kones at the Works Ministry. Bett, however, lacked the political masterly and magnanimity of the Kones caliber. Under Bett’s stewardship, the former Eldoret North MP William Ruto who had fallen out with the ODM and Odinga began fishing out the party MPs one by one and at the time of March 4, 2013 general election it was only better and the youthful Kipkellion.

The man who should have taken over from Kones had left is Zakayo.K Cheruiyot the current Kuresoi South MP elect. He had served in a powerful position of the PS for the International Security in the Office of the President under the Moi regime.

However, Cheruiyot who is highly respected in Kipsigisland is a man who did not cherish controversies. He is always shying away from controversial political issues, most of the time preferring to concentrate on his own expansive businesses and farming empire. He is arguably the wealthiest Kipsigis man.

Heruiyot the son of an assistant chief in the colonial era the late Mzee Daniel Arap Komuilong from Kapsuito near Litein runs an ultra dairy farm in Kuresoi, several large scale tea farms, sugar cane farm in Kimwani area near Songhor, a wheat farm in Njoro a mixed maize farm in Trans-Mara, and a horticultural farm in Kitengela near Nairobi.

He has also established an ultra modern ICT commercial college in Litein town and sent most of hi spare time supervising his own business and as such shies away from intrigues of local politics.

The politics of the South Rift region has had along history of intrigues. This could be traced back to the days of the late Dr Taaitta Araap Towett, the early Kipsigis nationalist who dominated the politics of the Kipsigis land ever since 1958 when he first won the election to the colonial Legislative Council as the member for Southern area. Towett and his team won all the four seats in the national Assembly. However, Towett resigned his Buret seat when KADU dissolved itself and merged with KANU arguing that since he was elected on KADU ticket he must go back and consult the electorate and seek for their permission.

IN the consequence by-election that followed, Daniel Moi sponsored a primary school teacher in the name of Alexander Arap Bii who consigned Dr. Towett into premature political retirement. After Towett’s defeat it was the late Ex-Senior Chief Cheborge Arap Tengecha who led a group of ex-chiefs, councilors, missionaries and local leaders to the late President Jomo Kenyatta and to presurerize him to appoint Danile Arap Moi his Vice President, though man believed Dr. Towett had already been tipped for the veep job.,

Toweett regained his seat three years later, but while serving as the Education Minister, he was confronted by Moi at a public rally in Kapkatet and forced to vacate his Buret seat in order to give way for the entry of Prof .Jonathan Ng’eno into parliamentary politics.

At the moment the power politics of the South Rift is gravitating between Isaac Ruto and Charles Keter. The two are staunch supporters of Ruto, but at times acting as protagonists when it comes to local political derby.

In the 2007 there were only eight constituencies in both Kericho and Bomet Counties, but during the March 4 general elections four more constituencies were added. These were Sigowet in lower Belgut near Sondu and Kipkellion West in Chilchila area, Bomet and Chepalungu. This can now give the region a total of 12 parliamentary strength, plus two in Kuresoi South and Kuresoi North in Molo.

Ends

See photos of the swearing ceremony of the Kisumu Governor Jack Ranguma with Bishop Dr Washington Ogonyo Ndegfe and the chairman of the Luo Council of Elders Willis Otondi.
View Images

28Mar/130

THE LAST SUPPER

From: Ouko joachim omolo
The News Dispatch with Omolo Beste in images

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail omolo.ouko@gmail.com
Facebook-omolo beste
Twitter-@8000accomole

Real change must come from ordinary people who refuse to be taken hostage by the weapons of politicians in the face of inequality, racism and oppression, but march together towards a clear and unambiguous goal.
-Anne Montgomery, RSCJ
UN Disarmament
Conference, 2002

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THE LAST SUPPER BEFORE JESUS’ PASSION-DEATH AND RESURRECTION

SENT BY FR MAGNUS KOBI, AJ FROM AUSTRALIA
THURSDAY, MARCH 28, 2013

Jesus says “I have eagerly desired to eat this Passover with you” (Lk. 22:15). He spoke these words at the beginning of His last supper, right before his death on the cross. And Jesus is speaking these same words to me and you again today.

Truly, the desire of Jesus had always been the same, on that very evening he wanted to be with His disciples, both the disciples of yesterday and of today including you and me. It is the last day of Jesus’ life, his last evening, and the last time he would be with his disciples. He had chosen them, cared for them, loved them and defended them.

Similar question we ask: Do we want to be with Jesus at least a little? Do we know how to give him the little companionship and affection that our hearts are capable of? If we look reality in the face we will see that Jesus has always been the one who was doing everything to be near us and to connect us to the Gospel.

As the old ancient hymn says: “Quoties querens me sedisti lassus?” (How many times Lord, did you sit down exhausted from searching for me?) This evening Jesus is lovingly binding himself to us his disciples with one burst of love.

At the table with the Twelve, Jesus took bread and gave it to them saying, “This is my Body, which is given for you.” He did the same with the cup of wine, “This is my Blood, which is poured out for you.” These are the same words we are going to repeat in this Eucharistic celebration.

Jesus becomes food for us, flesh of our flesh. The bread and wine are the food that has come down from heaven for us men and women who are pilgrims on the roads of this world. The bread and wine are medicine and sustenance for our poor lives, they heal every illness, free us from sin and they lift us up from anguish and sadness.

What is even more, they make us similar to Jesus; they help us to live as He used to live, to talk as He talked and to desire what he desired. The bread and wine also make feelings of goodness, service, affection, tenderness, love and forgiveness. They make the feelings of Jesus flow from us.

The Gospel message of the foot washing we witness today shows us what it means for Jesus to be broken bread and poured-out wine for us and for all people. At supper time Jesus gets up from the table, getting the necessary things kneels down and washes the feet of his disciples, including Judas who is about to betray him.

Peter not understanding that Jesus is not interested in the kind of dignity that the world wants asks “Lord are you going to wash my feet?” We know the answer of Jesus to him. “You will have nothing in common with me is I don’t wash you.”

For Jesus dignity is not standing straight and tall in front of his friends but kneeling before them in order to serve them. His dignity comes from loving his disciples to the end, providing humble service to them.

This is the last great teaching to them before His death on the cross. So at the end Jesus says to them and to us His current disciples on earth, “Therefore, if I, your Lord and Teacher, have washed your feet, you also ought to wash one another’s feet.”

So let us start washing each other’s feet, starting with the weakest, the sick, the elderly, the poorest and the most defenceless refugees and migrants among us.

Let us start walking with our Pope Francis who takes upon himself the virtues of St. Francis of Assisi says: “Let us not be afraid of goodness, let us protect one another and the environment through genuine love and service.”

Filed under: Religion No Comments
27Mar/130

Some Easter Quotes to mull over

From: Caroline Nderitu-Benjamin

Happy Easter!

“Could life so end, half told; its school so fail?
Soul, soul, there is a sequel to thy tale!”
- Robert Mowry Bell

“The great gift of Easter is hope ... which makes us have that confidence in God, in his ultimate triumph, and in his goodness and love, which nothing can shake.”
- Basil C. Hume

“It is the hour to rend thy chains, The blossom time of souls.”
- Katherine Lee Bates

“Do not abandon yourselves to despair. We are the Easter people and hallelujah is our song.”
- Pope John Paul II

“On Easter Day the veil between time and eternity thins to gossamer.”
- Douglas Horton

“The stars shall fade away,
The sun himself grow dim with age,
And nature sink in years;
But thou shalt flourish in immortal youth,
Unhurt amid the war of elements,
The wreck of matter, and the crush of worlds.”
- Joseph Addison

“Where man sees but withered leaves, God sees sweet flowers growing.”
- Albert Laighton

“Chocolate causes certain endocrine glands to secrete hormones that affect your feelings and behaviour by making you happy. Therefore, it counteracts depression, in turn reducing the stress of depression. Your stress-free life helps you maintain a youthful disposition, both physically and mentally.

So, eat lots of chocolate!”
- Elaine Sherman

“Easter tells us that life is to be interpreted not simply in terms of things but in terms of ideals.”
- Charles M. Crowe

“There's nothing better than a good friend, except a good friend with CHOCOLATE.”
- Linda Grayson

“Forget love - I'd rather fall in chocolate!!!”
-Author Unknown

Season's Greetings from CCL!
www.publicspeaking.co.ke

Filed under: Religion No Comments
27Mar/130

EMERGING ISSUE JUST IN

From: Ouko joachim omolo
The News Dispatch with Omolo Beste in images
WEDNESDAY, MARCH 27, 2013

Father I am one of your readers who like your News Dispatch very much. There is one question which has been bothering me so much and I would like if you can answer me-
Was it possible for Jesus to have been romantically attracted to Mary Magdalene?

Answer

If I may answer you correctly and firmly, the issue here is not whether Jesus was romantically attracted to Mary Magdalene or other women, the issue here is the fact that every normal human being is romantically attracted to the opposite sex and this is very normal human emotion.

As Jesus was fully man, it was within the realm of possibility that he experienced it just as all of us do. Scripture tells us that Jesus experienced normal human emotions such as anger (John 2:14–17), love (John 11:5), grief (John 11:32–35), and joy (Luke 10:21). He also experienced normal human desires such as hunger (Matt. 21:18), thirst (John 4:7; 19:28), and the desire for rest (John 4:6).

The only different is that Jesus did not suffer disordered romantic attraction. This is because Jesus’ mission did not include marriage to a human being—his bride is the Church (Eph. 5:25–33)—so there was no apparent purpose for him to feel romantic attraction to form a family of husband and wife.

Secondly Jesus could not be romantically attracted to or involved with a single woman for sexual purposes since his mission was focused on saving mankind. Another input here is that women loved Jesus because he cared for them unlike other priests who distanced themselves from them according to Jews customary law that required that no priest would associate with women.

On the way of the Cross Station six we see Veronica caring for Jesus as she took a cloth and began to wipe the blood and sweat from his face. She could not do much, but she offered what little help she could in appreciation for what Jesus cared for women.

The 8th Station, we see the women of Jerusalem mourn over Jesus. The women were just wondering what could happen to them when Jesus dies. Who would be closer and care for them?

Another explanation here is that despite the popularity of the DiVinci Code alleging that Jesus and Mary Magdalene were married with children, the women weep because they know Jesus is about to die and leave no offspring.

This is because the two greatest values of life in ancient times were the maintenance of your ancestral land and your family; your ancestors behind you, your unborn descendants before you.

“Woe be it if your generation cuts that because you don't have kids and all of your ancestors behind you are anticipating an unlimited eternity of descendants but that stops because you were infertile."

Jesus loved women in their weaknesses and flaws that is why he was quick to forgive them no matter how serious the sin, showing mercy and grace instead of judgment and condemnation. In deed Jesus respected women. They discovered Jesus was one of the few men they could fully trust.

The best example here is the adulterous woman Jesus forgave. As he was teaching in the Temple in Jerusalem some scribes and Pharisees interrupted his teaching as they brought in a woman who had been taken in the very act of adultery. The man was not brought in along with the woman.

After a time of silence, Jesus stooped down and wrote with his finger on the ground. It was unlawful to write even two letters on the sabbath but writing with dust was permissible (m. shabbat 7:2; 12:5). The text includes no hint of what he wrote.

The woman's accusers were trying to entrap Jesus, not just the woman. To them she was a worthless object to be used to "catch" Jesus on a theological legal issue.
Finally, Jesus stood up and said to the accusers, "Let the one among you who is without sin cast the first stone.

He stooped down once more and again wrote on the ground. In his answer Jesus did not condone adultery. He compelled her accusers to judge themselves and find themselves guilty—of this sin and/or others. No one could pass the test, and they slipped out one by one, beginning with the eldest.

The Gospels record several instances where Jesus reaches out to "unnoticeable" women, inconspicuous silent sufferers who blend into the background and are seen by others as "negligible entities destined to exist on the fringes of life.

The issue here is that people were not happy that Jesus associated with women. That is why they were not happy when Jesus chatted with Mary as Martha cooked. Luke relates the story of tension between Martha and Mary on the occasion of the visit of Jesus to their home (Lk. 10:38-42).

While Martha prepared the meal, Mary sat at the feet of Jesus and "she was hearing his word. Martha became distracted and frustrated over having to serve the meal without any help from her sister.

Finally she openly shared her feelings, stood over Jesus who was either seated or reclining, and complained: "She came to him and asked, "Lord, don't you care that my sister has left me to do the work by myself? Tell her to help me!" Jesus gently rebuked Martha for being so distracted and troubled over many things, when only one thing was necessary.

"Martha, Martha," the Lord answered, "you are worried and upset about many things, but only one thing is needed. Mary has chosen what is better, and it will not be taken away from her."

Mary's choice was not a conventional one for Jewish women. She sat at the feet of Jesus and was listening to his teaching and religious instruction. Jewish women were not permitted to touch the Scriptures; they were not taught the Torah itself, although they were instructed in accordance with it for the proper regulation of their lives.

A rabbi did not instruct a woman in the Torah. Not only did Mary choose the "good part," but Jesus related to her in a teacher-discipleship relationship. He admitted her into "the study" and commended her for her choice.

In the tradition of that day, women were excluded from the altar-oriented priestly ministry, and the exclusion encroached upon the Word-oriented ministry for women. Jesus reopened the Word-ministry for woman. Mary was at least one of his students in theology.

Jesus vindicated Mary's rights to be her own person—to be Mary and not Martha. He showed his approval of a woman's right to opt for the study and not be compelled to be in the kitchen. Jesus established his own priorities in declaring, "Man shall not live by bread alone, but by every word proceeding out through the mouth of God.

Apparently, Martha and not just Mary had benefited from the study. Mary stayed in the house until Jesus called for her. When Martha went to get her, Mary came quickly fell at Jesus' feet.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail omolo.ouko@gmail.com
Facebook-omolo beste
Twitter-@8000accomole

Real change must come from ordinary people who refuse to be taken hostage by the weapons of politicians in the face of inequality, racism and oppression, but march together towards a clear and unambiguous goal.

-Anne Montgomery, RSCJ UN Disarmament Conference, 2002

27Mar/130

For Kenya, For Peace, For Justice

From: Wazi Campaign

Our country has had a rocky past. We have witnessed difficult times as a nation but that should not prevent us from believing in a great future!

That is why,in our latest Public Service Announcement, we look to the future while still appreciating the dark past of machetes and wounds. Watch it today and help heal our country by sharing it out: http://youtu.be/jLPZ1_F1-Ko

KENYA NI JINA, NCHI NI WEWE
YouTube: www.youtube.com/user/thewazicampaign
Twitter: www.twitter.com/thewazicampaign
Facebook:www.facebook.com/thewazicampaign

27Mar/130

Technology of military conflict, military spending, and war

From: Yona Maro

This paper studies how the technology of military conflict affects the allocation of resources in military spending (\guns") and productive investment (\butter"). We first identify the fundamental property of conflict technology which the two commonly used contest success functions, the difference and ratio forms, share. Using this property, named the constant elasticity of augmentation, we construct a new class of contest success functions, hence generalizing the two forms.

We provide axiomatic and probabilistic characterizations of the new contest success function. Then, adopting the new contest success function, we study how the elasticity of augmentation affects the trade-off between guns and butter, and countries' international policy to settle or wage a war. Finally, we estimate the elasticity of augmentation using actual battle data including seventeenth-century European battles and World War II battles and explore the implications of the estimated parameters of military technology on military spending and the preference of settlement.
Link:ftp://163.239.165.41/RePEc/sgo/wpaper/HSH_RIME_2011-17.pdf

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27Mar/130

Governors and The Waste Revolution in Africa

From: Michael Heery

so basically i cannot understand why african youth with some metal work skills cannot manufacture andn design their own waste compactors.iam sure there are vidoes on youtube with designs,.

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From: odhiambo okecth
Sent: Tuesday, 26 March 2013, 13:57:01
Subject: Governors and The Waste Revolution in Africa

Friends,

Kenya will be witnessing the swearing in of many Governors tomorrow across the Country. In Nairobi, Dr Evans Kidero will be sworn into office at Uhuru Park in a ceremony that will start at about 10am.

Dr Kidero has promised that he is going to address the question on garbage that has ran amok in Nairobi.

This is refreshing because, waste is such a huge resource that must be tapped into. Many Environmental Managers in Kenya have simply refused to address the question of managing waste on the simple reason that they have massive personal returns in shifting waste from one point to the next.

[image]Garbage in Nairobi
http://2.bp.blogspot.com/-Fx5cXhXhtwI/UVGjlsLXdcI/AAAAAAAADW8/JqzvBNAC4fM/s1600/482047_10200466227684365_1157866896_n.jpg

We all now know that Nairobi spends Kshs 40m every month in paying 20 Contracted Garbage Truckers who collect no garbage as they routinely queue for their pay cheque. This Kshs 40m is easy money for the Environment Managers and the Garbage Collection Constructors. It is such a lucrative business that simply lulls all one has read in Waste Management. It places extra bread on the table at a time the Council is unable to pay her employees.

The situation is the same across all our Councils and this presents a sad scenario.

We have refused to invest in human capital, in equipment and in modern waste handling technics, and we have chosen the easy way out; live with the rot as a small team skim the cream.

With the swearing in of this new breed of Managers, we are eager and hopeful that Waste and Waste Management is going to be the next frontier for National Development.

At The Clean Africa Campaign-TCAC, we are ready to work with these new breed of managers to help make a difference. We are developing our next 5 Year Strategic Plan and we are aligning this to the electoral circle, to enable us feed in with the new Governors and their Programmes. We are going to be available to work with all our new Governors and help make our Towns and Counties Clean.

There are various benefits that come with waste, and we will not engage in empty rhetorics where people talk about waste being wealth without actualizing the same. We will want to encourage the Governors to institute the concept of Separation of Waste at Source and enforce the same.

We will be inviting the Governors to register and train all Waste Handlers with the one singular aim of benefiting from the Waste Value Chain- from the generators to the collectors, transporters to the end consumers of Waste.

[image]No. This is not acceptable
http://1.bp.blogspot.com/-aY-y_5xAa_Y/UVGjxWzOdLI/AAAAAAAADXE/zTX6qfRpb4E/s1600/625610_4435075041141_1500512952_n.jpg

The Western World did not just become Clean. Efforts were made towards this and in Africa, we can also make efforts to make Africa Clean.

We must move from being the Dark and Dirty Continent to one of Hope and Imagination. And our New Governors must be men who can dream new dreams for Africa. Not the lost dreams from our Fathers, the dreams that led us to poverty, disease, ignorance, corruption, impunity and tribalism.

Our Governors must dream new dreams that will lead Africa to a new healing process where all will unite in working for plenty, peace and growth.

We must join the Governors in working for cleaner Towns, Cities and Neighbourhoods, and we must all join in the Waste Revolution in Africa.

Peace and blessings as we work for a Clean Kenya, a Clean Africa and a Better World.

Odhiambo T Oketch,
Executive Director,
The Clean Africa Campaign-TCAC,
Tel; 0724 365 557,

http://kcdnkomarockswatch.blogspot.com

Nairobi Kenya.
The Clean Africa Campaign is an Initiative of KCDN Kenya.

26Mar/130

KENYA: ALREADY SETTLED IDP AND FORMER MAU FOREST SETTLERS ARE SNEAKING BACK and forcefully RECLAIMING THEIR FARMS – - EVEN THOSE WHO HAD SOLD THEIRS.

Writes Leo Odera Omolo In Kericho town.

UNCONFIRMED reports making the round in this town says, that some of the already settled IDPs and former illegal settlers in Mau Forest water catchment areas were slowly sneaking back and forcefully demanding that those who had been allocated the land by the government quit.

Some of them are allegedly returning to both Mau Forest and Mau Narok and other areas like Molo, Elburgon, Likia, Njro, Kuresoi and even in Uasin Gishu, Burnt Forest and forcefully demanding back their old farms. Other unconfirmed allegations say the returnees are always coming in the company of armed security personnel.

THe common saying is that with the new Jubilee government likely to be in office soon after the March 4, 2013 general election, even those who were forcefully expelled from their farms as the skirmishes of 1992 / 93, 1996 / 1997 and 2007 / 2008 are sneaking back and putting up new houses in some places where the government had already spent the colossal amount of money in reforestation efforts.

Our informer who requested for his name to be kept anonymous for fear of reprisals said those returning to the vacated land are members of the two communities, namely the Kikuyus and the Kalenjin, and that tensions is likely to go up in the region.

He said he had some information that even those former settlers who sold their land on their own volition long time ago before the tribal skirmishes were now demanding their property back in total disregard of new developments already made by new owners on such property. This, he added, is likely to raise political temperature by way of touching on old wounds.

New settlers have also been sighted in the Mau West and Mau Narok, Kuresoi and areas, while new structures have also
. . .

26Mar/130

Africa: LAKE VICTORIA FACES ECOLOGICAL DISASTER IF THE DRY WATER HYACINTH IS SUNK IN THE WATER.

Reports Leo Odera Omolo In Kisumu City.

Experts have once again sounded a stern warning that Lake Victoria is facing ecological disaster if the particles from dry hyacinth weed are left to rot and sink inside its waters.

The Kenya Marine and fisheries Research Institute {kemri} said in Kisumu this week that if the hyacinth weeds sunk, aquatic life would be placed at the high risk.

Several fish species in the lake, especially the much cherished Nile Perch and Tilapia and small fish like [Omena} that cannot survive inside the water with few oxygen concentration might be completely wiped out, said Dr Ojwang’ Oweke the KEMRI’s senior scientist.

Mad fish, locally known as “Kamongo” and cat fish locally called “Mumi”are among the specifies that can survive in the water with low oxygen concentration.

According to KEMRI’s researcher’s water hyacinth produces humid acid when it decomposes in the water-a process that used oxygen and deprives aquatic plants and animals of fresh air.

The acid contains harmful elements lie iron and manganese which the scientist attributed to the brown color of water supplied in the region by the Kisumu Water and Sewerage Company ltd.

Dr. Oweke called upon the government to make use of colleges and universities in the region to assist in removing the dry weed by use of conveyor belt.

“This is the time for the government to come and try to use the conveyor belt mechanism t remove the dry hyacinth so as to save the lake.:

“The manual removal used by Lake Victoria Environmental Management Project in 2011 and late last year was a total waste of money, and time because this poised a high risk to the laborers and it also led to ever sprouting of the dreadful weed.

The scientist the machine would clear the dry water hyacinth and ump on the shore where it would be burned.

Reupen Omondi, another scientist said the hyacinth had turned brown because weevils had fed on it as it was drying up.

He insects were introduced in the lake by the Kenya Agricultural Research Institute in 2005.

“Weevils are killing the weed and the government need to respond quickly to remove danger from destroying ecosystem, he said.

Ends

26Mar/130

KENYA: CLERIC DENIES CLAIMS THAT KENYA’S PRESIDENT – ELECT UHURU KENYATTA NARROWLY ESCAPED SNAKE BITE INSIDE HER WORSHIP PLACE IN THE COASTAL WON OF MOMBASA

Writes Leo Odera Omolo

A female cleric has severely criticized the media report over a highly sensational report that a highly venomous African bush-snake almost struck Kenya’s President – elect Uhuru Muigai Kenyatta when he attended the church service with other worshipers in her church.

The incident took place when the Kenyan leader went to worship at a church, which situated at the Coastal port City of Mombasa two weeks ago.

Bishop Mary Kagendo Francis of the Kisimu Cha Mwana wa Daudi church also denied that the reptile had slithered into the place of warship where Mr Kenyatta was seated and was with9n the striking distance, but it was quickly shot and killed by one of the presidential security guards after it attempted to attack the jubilee leader.

The Bishop was quoted by the Kenya News Agency {KNA]as saying she only learnt of the snake story through the media and after some enquiries, but she discovered that it was only a small green mamba snake, which was killed by a young boy using a walking stick.

Speaking in Kitui about 100 kilometers south east of Mombasa after conducting a crusade at her Mlango home, Bishop Kagendo blamed the local media for over-blowing the report thereby creating national storm out of a small incident, adding that wildlife animals are always frequenting as a garden situated outside her church.

“We have monkeys, baboons, birds and occasionally we see snakes at our place of worshipping, but we cannot resort to killing them because we embrace nature,” Bishop Kagendo said.

She said that he church attracts a huge crowd of worshippers at time forcing them into open air prayers where they do occasional interacting with wild animals is inevitable.

He Bishop also down played claims that the snake could have been sent by Mr Kenyatta’s political nemesis or the work of witchcraft was involved.

The cleric, however, vowed to take some actions against those peddled this information terming them as alarmist.

Ends

26Mar/130

CHALLENGES FACING PRIESTS IN DEVELOPING WORLDS

From: Ouko joachim omolo
The News Dispatch with Omolo Beste in images
TUESDAY, MARCH 26, 2013

On Holy Thursday all the priests are required to attend Chrism mass presided over by the local bishop. During the Mass the bishop will bless the oil of catechumens, the oil of the sick, and the oil of chrism.

We use the first for adult catechumens and infants, the second for anointing the sick, and the sacred oil of chrism for baptism, confirmation, the ordination of priests, and the consecration of altars.

All three are basically an olive oil; chrism spices the air with the scent of a perfume, traditionally balsam. For pastoral reasons, another vegetable oil and perfume may be used.

The mass is to be presided over by the bishop because he is the only minister in the diocese who can consecrate chrism. The bishop will then invite priests to renew the commitments they made at their ordination.

In developing worlds this day is being celebrated at the time priests are faced with lots of challenges. It means that beyond matters of doctrine, the rapid growth of the Church in the developing world means that many of the faithful are now to be found in countries where poverty is common and where human rights may be lacking because of bad governance in most developing worlds.

Poverty is caused because political leaders in developing worlds, especially in Africa fail to act in the best interest of the people, mainly because of corruption. Some instances are where multinational companies have bribed local officials and leaders end up not acting in the best interest of the people.

Because these multinational companies are so powerful and they finance politicians it makes them not to be accountable to anyone in the countries they invest in, and sometimes even in their own countries.

Africa's political and economic failings are a proof that Africans are incapable of ruling themselves. This is due to a lack of capacity for good governance. It is one of the reasons why African nations suffer from poor administrative, inadequate judicial infrastructure and insufficient numbers of expertise.

Bad governance comes about when the people in power and those who seek power use all means to attain their goal. This includes fostering ethnic sectarianism and political repression and competition for control of the state.

As long as African political rulers and administrators are drawn from this class of predators, no amount of preaching the virtues of good governance or tuition on public administration will fundamentally alter the quality of governance.

Priests who speak against such ills are marked. Last year August Zambian authorities had to deport a Rwandese Catholic priest after he was detained for two days and questioned for preaching about poverty and justice for the poor during a Mass.
Father Viateur Banyangandora 40 years old was picked up at his residence at Lundazi parish by police at about 5 p.m., July 30, and taken to Lusaka, the Zambian capital, for questioning.

In his sermon during Sunday mass the father said that poor people were becoming poorer while the rich were getting richer, a move he said was tantamount to injustice which the Catholic Church detests. He had been preaching in Zambia since November 2006.

In a similar case, this year February, the bishops of Tanzania called on the local people to work and pray for peace after the murder of Father Evarist Mushi on the island of Zanzibar on Feb. 17. Reports indicated that the priest was killed on his way to Sunday Mass by two men on a motorcycle, who shot him in the head.

While Christians and Muslims have traditionally lived side-by-side peacefully in Tanzania, of recent various churches have been apparently set on fire by Muslim extremists and numerous priests were the targets of violence.

In San Salvador, six prominent Jesuit priests, including the rector and vice rector of El Salvador's most prestigious university, were killed early along with two other persons at the house where they slept in the capital.

The priests were the most prominent victims of Salvadoran violence since 1980, when eight leftist politicians were gunned down by the military, three American nuns and a lay worker were shot dead and archbishop Oscar Arnulfo Romero was assassinated as he said mass.

Some of these priests and religious have been killed because of advocating for good governance in the countries they served. They wanted the effective exercise of power and authority by government in a manner that serves to improve the quality of life of the populous and not individuals or particular tribes.

The priests wanted political leaders who would use state power to create a society in which the full development of individuals and of their capacity to control their lives is possible.

The priests realized that as long as politics is dominated by predator elites it is difficult to see how meaningful democracy or economic development can be sustained. That is why they advocated for better governance where those in power are held accountable.

Good governance has 8 major characteristics. It is participatory, consensus oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive and follows the rule of law.

It assures that corruption is minimized, the views of minorities are taken into account and that the voices of the most vulnerable in society are heard in decision-making. It is also responsive to the present and future needs of society.

Good governance also requires fair legal frameworks that are enforced impartially. It also requires full protection of human rights, particularly those of minorities. Impartial enforcement of laws requires an independent judiciary and an impartial and incorruptible police force.

It means to be transparent. It requires that decisions taken and their enforcement are done in a manner that follows rules and regulations. It also means that information is freely available and directly accessible to those who will be affected by such decisions and their enforcement. It also means that enough information is provided and that it is provided in easily understandable forms and media.

It means that elected leaders set institutional systems and processes that try to serve all stakeholders within a reasonable timeframe. It requires mediation of the different interests in society to reach a broad consensus in society on what is in the best interest of the whole community and how this can be achieved.

It also requires a broad and long-term perspective on what is needed for sustainable human development and how to achieve the goals of such development which can only result from an understanding of the historical, cultural and social contexts of a given society or community.

Leaders who will ensure that a society’s well being depends on ensuring that all its members feel that they have a stake in it and do not feel excluded from the mainstream of society. This requires all groups, but particularly the most vulnerable, have opportunities to improve or maintain their well being.

Good governance means that processes and institutions produce results that meet the needs of society while making the best use of resources at their disposal. The concept of efficiency in the context of good governance also covers the sustainable use of natural resources and the protection of the environment.

Accountability is a key requirement of good governance. Not only governmental institutions but also the private sector and civil society organizations as well as Non Governmental Organizations (NGO) must be accountable to the public and to their institutional stakeholders.

Some of these priests are not supported by their bishops or superiors in their endeavors. This is because some bishops think that priests who appear to be supporting revolutionary change seen as a form of social action tinged with Marxism.

Holy Thursday is also being celebrated when there are shortages of priests in many developing countries, especially in India where the shortage is now being felt, especially in some dioceses and religious congregations. Some priests have to look after a number of sub-stations and institutes. It is not always possible to have Sunday Mass in every church.

With the challenges facing the rapidly growing economy of India and the impact of globalization on Indian culture, the priest is called to serve for full human development. He has to face all present challenges and problems with the people ? the financial crisis, economic inequality, poverty, corruption, workers’ rights, unbalanced development, war, violence ? all of which touch India.

The globalized market economy that enhances individualism and competition challenges each priest to help the poor against the onslaught of such economy. The priest is challenged to love all and share resources equitably with all Indians.

Priesthood is also an adventure and a greater challenge than ever before in Brazil, the country with the largest number of Catholics. Religious practice in Brazil is often highly hybridized. Brazil’s fertility rate for example, is one of Latin America’s lowest at about 1.83 children per woman, below the level needed to keep the population stable.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail omolo.ouko@gmail.com
Facebook-omolo beste
Twitter-@8000accomole

Real change must come from ordinary people who refuse to be taken hostage by the weapons of politicians in the face of inequality, racism and oppression, but march together towards a clear and unambiguous goal.

-Anne Montgomery, RSCJ UN Disarmament Conference, 2002

25Mar/130

Kenya: Votes Re-tallying Ordered

From: Judy Miriga

Good People,

IEBC is accused to be opaque and it seems they are applying the same on the flow of the Court. They seem to be blocking supportive affidavit of the same petition. The affidavit of petitioners given is understood to be explaining in answer to questions that arose on the flow where the petitioner is forced to provide more information to be understood. Additional information of facts arising therefore is also not a crime Oraro explains to Ngatia and that does not mean that the affidavit is a new case petition. Oraro contributions does not seem to have contradicted Rules for engagement, it is observed.

Ms. Kilonzo offers determination that IEBC contravened constitution and law but is being obstracted by Ahmednasir to be opening a floodgate, and interjects that if one wants to open a floodgate then let it be open wide.......and a Judge on the bench with a statement that time-frame is of essence dismissing the matter to be discussed by the Counsel Although all top representatives were served with Ms. Kilonzos notice.............Wow.....!!! CJ Justice politely demands that Ms. Kilonzo present her case tomorrow.

This case is a public matter, CJ Mutunga keeps reminding the Counsel.....

Ruling will be delivered tomorrow on this matter.

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

http://socioeconomicforum50.blogspot.com

- - - - - - - - - - -

--- On Mon, 3/25/13, Eric W. Mburi wrote:
Summary

The Cord response can be summarized into the following:

a) Inaccurate transfer and inflating of votes from Form 34 to Form 36:

CORD provides numerous examples of how the number of votes entered in IEBC Form 34 was changed when entered into Form 36. For example, in Mogongo Primary School polling station in North Mugirango Constituency the original Form 34 figure of 3 votes for Uhuru was entered as 236, an additional difference of 233 votes; Lemelepo Water Project polling station in Kajiado North Constituency shows that while Form 34 originally indicated 2740 for Mr Kenyatta, this figure increased by 264 votes to a total of 3004 in Form 36.

CORD also cites similar examples from Garsen, Igembe Central, Chuka Igambang’ombe, Manyatta, Ol Jorok, Mukurweini, Kabete, Kapseret, Tinderet, Tiaty, Kajiado North, Chepalungu, Konoin, Luanda, Funyula among others.

b) Inflating of votes for Uhuru Kenyatta in form 36 in the Final Tally:

An affidavit sworn by ODM executive officer Janet Ongera also presents cases where the Form 36 entries were further altered to inflate Uhuru Kenyatta’s votes in the final national tally announced by IEBC at Bomas of Kenya.

Quoting examples from Kisauni, Tigania East, South Imenti, Runyenjes, Mavoko, Othaya Nyeri Town, Kiharu, Lari, Kajiado West, Lurambi, Hamisi, Mr Elgon

Webuye West, Seme, North Mugirango among others, CORD exposes a “scheme of inflation” of Uhuru’s votes in the figures announced in Bomas.

Among quoted examples is Lari Constituency where results entered at the Constituency tallying centre and the ones announced in Bomas show an increase of 1,367 for Uhuru Kenyatta. South Imenti is shown to have announced 62,481 at the Constituency’s Form 36 and 63,271 at Bomas National tally giving Uhuru Kenyatta 790 additional votes.

In Kisauni, Uhuru Kenyatta gained an additional 528 votes. While Form 36 indicates 10,366, IEBC’s final tally at Bomas indicates 10,894. In Mt Elgon, Uhuru gained an extra 500 votes (Form 36 shows 28,786 while the Final Tally shows 29,286).

c) Reduction of Raila Odinga’s Votes

Raila Odinga’s votes were also reduced in Form 36 logs (Constituency results) in spite of Form 34 (Polling Station Results) indicating he had a higher number of Votes. Examples are attached from 38 constituencies where Raila Odinga’s results at the polling stations (Form 34) were tampered with and reduced when the final constituency results were lodged into Form 36.

The 38 constituencies include Kisauni, Bura, Matayos, Tigania West, South Imenti, Manyatta, Runyenjes, Kitui, Makueni, Mathira, Juja, Nyeri Town, Turkana Central, Samburu, Aldai, Tiati, Baringo Central, Laikipia West, Laikipia East, Kajiado North, Chepalungu, Mumias East, Shinyalu, Luanda, Emuhaya, Sirisia, Webuye West, Tongaren, North Mugirango, Othaya, Roysambu among others.

d) Use of Electronic Voting

In his reply, Odinga also states that

i. the use of technology in the elections was intended to act as a check and control system and its failure affected the results fundamentally.

ii. that the explanations given by the IEBC downplaying the failure of the system and its effect on the elections “takes the common intellect of the people of Kenya for granted”

iii. that the IEBC explanations about the failure of the system are not factual

Mr Odinga also has attached a sworn affidavit from an ICT expert whose testimony shows that the Kencall Relationship with IEBC and TNA compromised data management.

a) Kencall EPZ used a single IP address 196.1.26.40 for both the IEBC and Uhuru’s Kenyatta’s TNA. In its evidence CORD says Nicholas Alexander Nissbit (A Kencall Director) does not deny the fact that both the IEBC and TNA were hosted and operated on a single IP address as has been claimed by CORD. They also will provide proof that Kencall EPZ Limited, in reality was a call centre that was used as a gateway that linked the First Respondent’s database titled African Focus and accessed through the following web address or URL https://www.intranet.kencall/apps/iebc and The National Alliance (TNA) database known as Market Race CRM and accessed through the web address or URL https://www.intranet.kencall/apps/tna.

b) The IEBC by agreeing to this arrangement compromised the elections on the basis of requirements for a an impartial, neutral, transparent, efficient, accurate, accountable and verifiable manner.

e. IEBC System Failure Explanation – NOT FACTUAL

a) Claims made by the IEBC have no basis whatsoever as regards to alleged failure of the technology according to CORD’s expert witness affidavits. One expert describes the IEBC claim that the server failed as “entirely preposterous”.

b) CORD’s Spanish expert’s affidavit describes as either “pure fiction” or “entirely inconceivable” IEBC’s claim that the batteries of the hand held devises used at the polling stations for bio metric identification of voters either failed or were not charged or could not hold charge for a sufficient period of time

c) The CORD experts’ affidavits will also present evidence to show that IEBC claims that the transmission system failed due to data overload has no basis in technology terms in this day and age.

d) CORD also questions IEBC claims that their officers has forgotten passwords does not make sense as there exist mechanism in place for password reminder which standard technology industry practice as seen worldwide on social network websites like Facebook.

e) CORD will also present a sworn affidavit by an International Technology expert who states “This system in my personal knowledge, has the capability to deliver up the election result within a period of around 4 hours with very negligible error”.

f. Voter Registrar:

The Petitioner also contends that:

i. IEBC has failed to present a closed register for the March 4th Elections.

ii. IEBC resolve that “a special register is to be generated and will be used to allow the voters to vote” but never presented any proof or minutes of a meeting where this special register was finally approved and when it was gazette.

iii. A questionable voters register cannot be a foundation of a free and fair election conducted in accordance with the law.

iv. IEBC own staff and figures show incidents where IEBC allowed votes that exceeded the number of registered. This latter category of incidents include; Lomerimeri polling station in Tiaty Constituency where the form 36 itself shows 68 registered voters against 163 valid votes cast; King’atua Primary School in Lari Constituency where the form 36 itself shows 319 registered voters against 762 valid votes cast; Boroon Primary School in Marakwet West Constituency where the form 36 itself shows 218 registered voters against 228 valid votes cast.

CORD petition through various documents finally seeks to show that President Elect Uhuru Kenyatta did not meet the 50 + 1 threshold, and the declaration by IEBC was the result of inaccurate tallying and unwarranted additional votes

Ja'kamburi
2013/3/25 Maurice Oduor
Salaaaaaale !!!! Mtume !!!!

Huyo Mkuu wa Sheria ingefaa asuhusishwe humo kabsa !!! The Attorney-General Githu Muigai is Uhuru Kenyatta's cousin. He is only there to help Uhuru and not to be objective in the process.

Courage

Supreme Court orders retallying of presidential poll results in 22 polling stations

The Supreme Court on Monday ordered re-tallying of the presidential results in 22 polling stations using Forms 34 and 36 so as to determine the numbers of votes cast over number of registered voters.

The exercise will commence on Tuesday from 8am.

In the ruling, Justice Smokin Wanjala said the retallying would aim to show if the number over votes cast exceeds the number of registered voters.

Justice Wanjala also ordered that the results from the 22 polling stations be filed at the Supreme Court registry by Wednesday 4pm after re-tallying.

The court also ordered that all the representatives and agents from the petitioners and respondents in the recount process to take an oath.

The court also approved the application by the Attorney General to act as 'a friend of the court' in presidential petitions but dropped the Law Society of Kenya (LSK) application.

The judges also consolidated three petitions and allowed the Cord petition to take lead.

Early in the day in his opening remarks, Chief Justice Willy Mutunga said the judges will be objective in its ruling on the petition.

"We as judges are servants of the law. We shall be objective," he said.

"Supreme court to remain objective. Public should trust us to do our job. Justice should manifest to be done," he added.

Dr Mutunga also urged Kenyans to accept the final decision that will be arrived at by the Supreme Court and move on.

"Whatever decision emerges from this petition, we must march forward," he said.

While addressing the court, Attorney General Githu Muigai sought to be enjoined in the petition as amicus curiae or a friend of the court.

"We can only be enjoined in the case on the discretion of the Court," said AG Muigai.

However, Mr Odinga has filed an objection to the Attorney General joining the presidential petition.

AG Muigai also argues that his appearance in petition is not to support any party but to lay down law as it is with authorities from across the globe.

"The AG's role is to elucidate on legal issues, not to support any side," he said.

However, IEBC boss Issack Hassan's lawyer Ahmednassir Abdullahi said his client had no objection with the appearance of AG in the petition.

However, IEBC boss Issack Hassan's lawyer Ahmednassir Abdullahi said his client had no objection with the appearance of AG in the petition.

Lawyers Katwa Kigen and Fred Ngatia also have no objection to AG being enjoined in the petition.

Notably, lawyer Kethi Kilonzo for Africog argued that issues before court do not require an interpretation of the law to warrant inclusion of the AG.

However, Cord's lawyer George Oraro argued that the AG has applied to be enjoined without request from the court or any party.

"The AG has misinterpreted circumstances under which he can apply to be enjoined in cases before court," he said.

"An election petition is not a civil proceeding. The government is not defined in the Constitution but state is defined," he added.

Mr Oraro argued that in relation to this petition the AG can be enjoined by the Constitution to to assist the IEBC.

However, AG Muigai disagreed with Mr Oraro and argued that the petition was a civil matter.

AG Muigai argued that as amicus curiae, his office will not impose views on the court hearing Cord's petition against President-elect Uhuru Kenyatta.

"I have not advised the president-elect, contrary to claims by lawyer George Oraro," he said.

Lawyer A.B Shah also lodged an application for the Law Society of Kenya (LSK) to be enjoined in the petitions before the Supreme Court as amicus curiae.

However, LSK faced opposition on its application to be enjoined as amicus curiae in presidential petitions by parties before Supreme Court.

Mr Oraro opposed the inclusion of the LSK in petition arguing that the society is partisan.

Lawyer Fred Ngatia representing Jubilee Coalition also opposed inclusion of LSK as amicus curiae the society was an observer in the General Election.

Mr Ngatia also argued that LSK is on record 'supporting a petitioner.'

During the submission, political activist Nazlin Umar disrupted court proceedings for several minutes at the Supreme Court as she attempted to address judges over an application she had filed.

Ms Umar said as the "Wanjiku's" lawyer, she was disappointed that her application has been ignored.

However, Dr Mutunga said that the Supreme Court will not hear or deal with any petitions, requests or submissions that were done past the allowed time.

Petition consolidation

During the submissions, Jubilee's lawyer Mr Ngatia argued that a couple of preliminary issues had to be addressed before the hearing of the petition.

Also, AG Muigai advised the court to give the parties involved time to come up with a conclusive mechanism of what may be required for progress.

Mr Ngatia argued that the petition by Cord only raised one issue.

"The court should consolidate all the petitions and marry all the related issues raised by petitioners and respondents," he said.

Lawyer Njoroge Regeru argued that the petitions consolidation were sensible and will lead to arguable case and speedy resolution.

Africog's Counsel Keth Kilonzo also argued that matters of fact and matters of law should be consolidated to allow a reasonable suit.

However, Mr Oraro said the consolidation of the cases including respondent number three may not hold.

Mr Ngatia noted that petitions 4 and 5 had similar issues, contest and engagement and thus could be consolidated.

Lawyer Ahmednassir Abdullahi also argued that petition number 5 bore more weight than 3 and 4 and should be given preference.

Petition mutations

Mr Ahmednasir also asked the court to give directions on the type of petitions to be followed.

Mr Ahmednasir argued that his client, Mr Issack Hassan was concerned with continued mutation of the presidential petitions, hence, affecting its expediency.

Mr Ngatia also requested the court to give guidance on the petitions to avoid the mutations.

"There's new evidence being introduced and this means the defence teams must be given time to respondents to all affidavits," he said.

"There are 122 new electoral areas that are being introduced by the petitioner which bears grave consequences on time," he added.

However, Mr Oraro argued that it is within the provisions of law to file new evidence as the hearing continues.

On his side, lawyer Harun Ndubi argued that the introduction of affidavits is important at any point.

The judges, led by Dr Mutunga, could either dismiss the petition, order a re-count of the presidential votes, settle on a re-run, or rule that the whole process begins afresh with the registration of voters.

The actual hearings of the petition are expected to start on Thursday and could continue un-interrupted until concluded.

Apart from the petition filed by Cord's presidential candidate Mr Raila Odinga challenging the declaration of Jubilee's candidate Mr Uhuru Kenyatta as winner of the presidential election, there is another filed by a civil society group, the African Centre for Open Governance (Africog).

Also before the court is a petition filed by some members of Mr Kenyatta’s campaign team, social media activists Dennis Itumbi and Moses Kuria and a third person, challenging the inclusion of spoilt ballots in the calculation of votes attained by each candidate.

The objections raised by Mr Kenyatta and Deputy President-elect Mr William Ruto, the Independent Electoral and Boundaries Commission (IEBC) and its chairman Issack Hassan, will also be narrowed down to what will be argued verbally in court.

25Mar/130

Eac member states may be losing the lucrative tourism revenue to other African region due to several factors

Writes Leo Odera Omolo In Kisumu City

The position of East African region as the continent’s most attractive tourist destination has come under serious threats from other regional blocs taking advantage of the region’s lengthy business procedures, insecurity and poor infrastructure to boost their competitiveness edge.

The latest publication of the World Economic Forum {WEF] survey on global tourism and travel competitiveness is jointly written by experts and just released.

It shows that Kenya, Uganda, Rwanda, Tanzania and Burundi are badly trailing emerging global tourism giants in sub-Saharan Africa as Seychelles, Mauritius, and South Africa.

In the sub-Saharan region, the three countries were ranked at the top followed by Cape Verde, Namibia, Gambia, and Botswana.

Kenya, the EAC’s top tourism investment destination come eighth. The WEF cited the insufficient property rights, protection, insecurity, lengthy and costly business procedures as well as dilapidated infrastructure as the main drawbacks.

In the sub-Saharan Africa ranking Rwanda, Tanzania and Uganda took position nine 112 and 13 respectively while Burundi was ranked at 30.

At the global level, only Kenya made it to the top 100 countries of the 140 surveyed, coming in at position 96, Rwanda was ranked 105, Tanzania 109, Ugfanda 116, Burinbdi was two positions shy at the last position.

The EAC has been pushing to increase its share of the growing global tourism market. Last month, the EAC secretariat in Arusha reported that it had lined up several projects to increase tourism earnings from USD 7 billion to USD 16 billion annually by the year 2020 .

The planned investment is expected to cost the USD 3.95 billion by the year 2020 up from the current USD 1.65 billion.

The coordinator of the East Africa’s Tourism Platform, Wateri Matu was recently quoted as saying tha6 whereas the traditional tourism products based on the region’s natural resources will continue playing a crucial role in the industry, there is the need for innovations and creativity.

The region’s problems, he added, is the over reliance on traditional source markets. Europe and the US with little emphasis on Africa and in particular the EAC,” Matu said.

The WEF ranking came at a time when East Africa’s tourism sector is preparing for a bumpy ride in 2013, caused by a show down over fears of insecurity and Euro zone crisis.

In Kenya, the managing director of the Kenya Tourists Board Murithi Ndegwa was last week quoted widely by the local media as having said that the country’s recently investment in transport infrastructure such as the up-grading of the Kisumu Airport and the on-gong expansion of the Jomo Kenyatta International Airport could boost the county’s competitiveness.

In what may be affecting the market is the Euro zone crisis because the most of the country’s visitors come from Europe. The other effect is the issue f the travel adversaries, adding that that now that the general elections in Kenya are over Kenya are over, the Tourist Board hopes the travel adversaries would be lifted.

The Kenya Tourist Board, Ndegwa disclosed, has been meeting with its counterparts in the EAC to plan joint marketing initiative and strategies. The project line up included the introduction of a single tourists’ visa classification of hotels, increased marketing expenditure and training of industry players in the hospitality industry.

“We also need to harmonize immigration management system and introduce some sophisticated equipment in collaboration with the relevant authorities in the five member countries, mainly for security reasons.

Ends

25Mar/130

Is Ahmednasir a device of great ingenuity?

From: Judy Miriga

Ma good people,

The Former IEBC critic Ahmednasir Evidence in Court is camauflague prejudicial.......This approach is dazzling after criticizing IEBC transparency and failed legitimacy of political independence and integrity. This is definately confuses observers when he now becomes IEBC its sole advocate in the Supreme Court with a conspicuous combination of materials pattern which many observers view and consider it as questionable with high contrast coloration that could be logically disruptive with an aim to eliminate or confuse focus in the shadow of truth; a pattern expected to provide counter-shading glasses that confuses but causes blurry vision making the object visible but momentarily harder to locate its critics on matters of credibility.

Is Ahmednasir a device of great ingenuity? Is conflict of interest acceptable???

How the Supreme Court will view and handle this scenario is for us to keenly watch..........

It is because, Kenya is not a personal property nor does it belong to some special interest community........Let them do their colaborative dwanya spin, the world is watching and we aint going anywhere any time soon, we are here to see the end of it all ........!!!

Aint we feeding on Juicy stuff ma people......???

Love you all good people, let us all continue to exercise the maturity of excellence and we wont go wrong !!!!

Cheers !!!

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

http://socioeconomicforum50.blogspot.com

and Special Coordinator Representative for Pan Africa
World African Diaspora Union (WADU)
in Maryland, Virginia and DC

- - - - - - - - - - -

NTV Kenya Livestream

Streamed live on Feb 8, 2013

http://www.ntv.co.ke/live

This is a live NTV feed straight from our studios at Nation Centre, Nairobi.
*This stream is not available at all times due to restrictions on some of our programming content.Please bear with us.

Live Feed: Supreme Court holds presidential petition pre-trial hearing

Posted by admin on Monday, March 25, 2013 · Leave a Comment
Presidential Election Petition pre-trial conference currently underway at the Supreme Court. It is holding the pre-trial hearing of the three petitions challenging the validity of the presidential results and is expected to zero down on the main issues raised by the litigants.

Critic to defender: Former IEBC critic Ahmednasir changes tune

Published on Mar 24, 2013

http://www.ntv.co.ke

Did the IEBC pass the integrity test? That is the question that many perhaps are asking, now that the critic is in their defense team. Ahmednasir Abdullahi a prominent lawyer raised several pertinent questions concerning the integrity of the Commission and its commissioners more than a month before the March 4th election. In an opinion piece published by The Daily Nation on 3rd February 2013, Abdullahi is however representing the IEBC in the CORD petition that seeks to nullify the declaration of Uhuru Kenyatta as president elect. So what changed in two months? NTV's Ken Mijungu takes a look at Abdullahi then and now.

Supreme Court Set For Epic Legal Showdown

Published on Mar 24, 2013
The stage is set for the epic legal showdown at the Supreme Court, as the highest court in the land begins to hear and determine three presidential election petitions starting Monday. The 6-Judge bench and the defence teams will on Monday meet for a pre-trial conference which is expected to, among other things, isolate the key issues in the petitions and set the ground rules during the hearings to ensure expeditious conclusion of the cases within the remaining 6 days as provided for in the constitution. And as Francis Gachuri reports, the verdict of the Judges, expected to be delivered later in the week will be final.

Supreme Court holds presidential petition pre-trial hearing
By EMMANURL TOILI etoili@ke.nationmedia.com
Posted Monday, March 25 2013 at 15:00

The Supreme Court on Monday ordered re-tallying of the presidential results in 22 polling stations using Forms 34 and 36 so as to determine the numbers of votes cast over number of registered voters.

The exercise will commence on Tuesday from 8am.

The court also approved the application by the Attorney General to act as 'a friend of the court' in presidential petitions but dropped the Law Society of Kenya (LSK) application.

In his opening remarks, Chief Justice Willy Mutunga said the judges will be objective in its ruling on the petition.

"We as judges are servants of the law. We shall be objective," he said.

"Supreme court to remain objective. Public should trust us to do our job. Justice should manifest to be done," he added.

Dr Mutunga also urged Kenyans to accept the final decision that will be arrived at by the Supreme Court and move on.

"Whatever decision emerges from this petition, we must march forward," he said.

While addressing the court, Attorney General Githu Muigai sought to be enjoined in the petition as amicus curiae or a friend of the court.

"We can only be enjoined in the case on the discretion of the Court," said AG Muigai.

However, Mr Odinga has filed an objection to the Attorney General joining the presidential petition.

AG Muigai also argues that his appearance in petition is not to support any party but to lay down law as it is with authorities from across the globe.

"The AG's role is to elucidate on legal issues, not to support any side," he said.

Supreme Court orders retallying of presidential poll results in 22 polling stations

The Supreme Court on Monday ordered re-tallying of the presidential results in 22 polling stations using Forms 34 and 36 so as to determine the numbers of votes cast over number of registered voters.

The exercise will commence on Tuesday from 8am.

In the ruling, Justice Smokin Wanjala said the retallying would aim to show if the number over votes cast exceeds the number of registered voters.

Justice Wanjala also ordered that the results from the 22 polling stations be filed at the Supreme Court registry by Wednesday 4pm after re-tallying.

The court also ordered that all the representatives and agents from the petitioners and respondents in the recount process to take an oath.

The court also approved the application by the Attorney General to act as 'a friend of the court' in presidential petitions but dropped the Law Society of Kenya (LSK) application.

The judges also consolidated three petitions and allowed the Cord petition to take lead.

Early in the day in his opening remarks, Chief Justice Willy Mutunga said the judges will be objective in its ruling on the petition.

"We as judges are servants of the law. We shall be objective," he said.

"Supreme court to remain objective. Public should trust us to do our job. Justice should manifest to be done," he added.

Dr Mutunga also urged Kenyans to accept the final decision that will be arrived at by the Supreme Court and move on.

"Whatever decision emerges from this petition, we must march forward," he said.

While addressing the court, Attorney General Githu Muigai sought to be enjoined in the petition as amicus curiae or a friend of the court.

"We can only be enjoined in the case on the discretion of the Court," said AG Muigai.

However, Mr Odinga has filed an objection to the Attorney General joining the presidential petition.

AG Muigai also argues that his appearance in petition is not to support any party but to lay down law as it is with authorities from across the globe.

"The AG's role is to elucidate on legal issues, not to support any side," he said.

However, IEBC boss Issack Hassan's lawyer Ahmednassir Abdullahi said his client had no objection with the appearance of AG in the petition.

However, IEBC boss Issack Hassan's lawyer Ahmednassir Abdullahi said his client had no objection with the appearance of AG in the petition.

Lawyers Katwa Kigen and Fred Ngatia also have no objection to AG being enjoined in the petition.

Notably, lawyer Kethi Kilonzo for Africog argued that issues before court do not require an interpretation of the law to warrant inclusion of the AG.

However, Cord's lawyer George Oraro argued that the AG has applied to be enjoined without request from the court or any party.

"The AG has misinterpreted circumstances under which he can apply to be enjoined in cases before court," he said.

"An election petition is not a civil proceeding. The government is not defined in the Constitution but state is defined," he added.

Mr Oraro argued that in relation to this petition the AG can be enjoined by the Constitution to to assist the IEBC.

However, AG Muigai disagreed with Mr Oraro and argued that the petition was a civil matter.

AG Muigai argued that as amicus curiae, his office will not impose views on the court hearing Cord's petition against President-elect Uhuru Kenyatta.

"I have not advised the president-elect, contrary to claims by lawyer George Oraro," he said.

Lawyer A.B Shah also lodged an application for the Law Society of Kenya (LSK) to be enjoined in the petitions before the Supreme Court as amicus curiae.

However, LSK faced opposition on its application to be enjoined as amicus curiae in presidential petitions by parties before Supreme Court.

Mr Oraro opposed the inclusion of the LSK in petition arguing that the society is partisan.

Lawyer Fred Ngatia representing Jubilee Coalition also opposed inclusion of LSK as amicus curiae the society was an observer in the General Election.

Mr Ngatia also argued that LSK is on record 'supporting a petitioner.'

During the submission, political activist Nazlin Umar disrupted court proceedings for several minutes at the Supreme Court as she attempted to address judges over an application she had filed.

Ms Umar said as the "Wanjiku's" lawyer, she was disappointed that her application has been ignored.

However, Dr Mutunga said that the Supreme Court will not hear or deal with any petitions, requests or submissions that were done past the allowed time.

Petition consolidation

During the submissions, Jubilee's lawyer Mr Ngatia argued that a couple of preliminary issues had to be addressed before the hearing of the petition.

Also, AG Muigai advised the court to give the parties involved time to come up with a conclusive mechanism of what may be required for progress.

Mr Ngatia argued that the petition by Cord only raised one issue.

"The court should consolidate all the petitions and marry all the related issues raised by petitioners and respondents," he said.

Lawyer Njoroge Regeru argued that the petitions consolidation were sensible and will lead to arguable case and speedy resolution.

Africog's Counsel Keth Kilonzo also argued that matters of fact and matters of law should be consolidated to allow a reasonable suit.

However, Mr Oraro said the consolidation of the cases including respondent number three may not hold.

Mr Ngatia noted that petitions 4 and 5 had similar issues, contest and engagement and thus could be consolidated.

Lawyer Ahmednassir Abdullahi also argued that petition number 5 bore more weight than 3 and 4 and should be given preference.

Petition mutations

Mr Ahmednasir also asked the court to give directions on the type of petitions to be followed.

Mr Ahmednasir argued that his client, Mr Issack Hassan was concerned with continued mutation of the presidential petitions, hence, affecting its expediency.

Mr Ngatia also requested the court to give guidance on the petitions to avoid the mutations.

"There's new evidence being introduced and this means the defence teams must be given time to respondents to all affidavits," he said.

"There are 122 new electoral areas that are being introduced by the petitioner which bears grave consequences on time," he added.

However, Mr Oraro argued that it is within the provisions of law to file new evidence as the hearing continues.

On his side, lawyer Harun Ndubi argued that the introduction of affidavits is important at any point.

The judges, led by Dr Mutunga, could either dismiss the petition, order a re-count of the presidential votes, settle on a re-run, or rule that the whole process begins afresh with the registration of voters.

The actual hearings of the petition are expected to start on Thursday and could continue un-interrupted until concluded.

Apart from the petition filed by Cord's presidential candidate Mr Raila Odinga challenging the declaration of Jubilee's candidate Mr Uhuru Kenyatta as winner of the presidential election, there is another filed by a civil society group, the African Centre for Open Governance (Africog).

Also before the court is a petition filed by some members of Mr Kenyatta’s campaign team, social media activists Dennis Itumbi and Moses Kuria and a third person, challenging the inclusion of spoilt ballots in the calculation of votes attained by each candidate.

The objections raised by Mr Kenyatta and Deputy President-elect Mr William Ruto, the Independent Electoral and Boundaries Commission (IEBC) and its chairman Issack Hassan, will also be narrowed down to what will be argued verbally in court.

25Mar/131

Kenya: Mr. Ahmednasir Abdulahi

from: odhiambo okecth

Friends,

This was on 2nd February 2013 by Mr. Ahmednasir Abdulahi-

I have read it over and made up my mind about the author. He believes in nothing and was simply penning this to catch the eyes of the IEBC to offer him a job.

I believe that he is an overrated lawyer who thinks that he knows it all, because, I cannot imagine that the same auther is now in court defending the IEBC from accusations he says he witnessed.

We are building a Nation where dishonesty rules and this is perpetuated by the forces of darkness represented by such people of no value.

In the past two weeks, the political scene was dominated by two principal actors who played complementary roles in the nomination of candidates for political office.

These are the various political parties that processed the nomination of their members, and the Independent Electoral and Boundaries Commission (IEBC).

Both players fell way short of people’s expectations. They conspired and turned the nominations into a shameful charade. Whereas we all know these political parties are neither democratic nor well funded and, in some instances, privately owned – and Kenyans are too willing to excuse their failures – the calamitous performance by the IEBC was more profound.

Kenyans have rarely been critical of the IEBC even when the commission would have benefited from some biting criticism. A number of factors inform this undeserved deference. First, because of the reconstruction of the commission and the process of its reconstitution, the commission is seen as an improvement on its predecessor.

Second, Kenyans simply don’t want to think for a moment what would happen if the commission bungled the election as it happened in 2007. This is one commission that forced many Kenyans into silence using fear as immunity from public scrutiny.

Third, the commission has successfully conducted the constitutional referendum and a number of by-elections.

These positives have negative counterweights. First, the voter registration was the same as five years ago, showing a poor penetration. Second, voter education has never been more dismal. Third – and this is where all the problems emanate from – the commission is not very transparent when it comes to money matters. It has failed one test after another where procurement and financial probity are concerned.

The issues of financial management have a profound bearing on electoral integrity. If the IEBC can’t pass the test of financial integrity, Kenyans shouldn’t expect it to pass electoral probity and integrity. The latest query it faces is the procurement of ballot papers which were described by a High Court judge as “indiscriminate and clandestine”.

We all hear how this tender was single-sourced by one official and how many millions of dollars he was given. I don’t want to remind Kenyans how the biometric kit tender worth Sh3 billion ended up costing the taxpayer Sh8 billion, and how the difference was shared out. And we are silent on all these because of our fears.

Coming back to the conduct of the IEBC on the nomination process, I saw danger signs of a systemic lack of integrity, disregard for the law, lack of political independence, pandering to politicians and outright corruption.

This I observed first-hand as a lawyer who participated in the process. This is worrying in that, having seen how some of the commissioners cut corners with the law and integrity, what guarantees do we have that the same commissioners will not do the same on March 4?

The IEBC deliberately turned a blind eye to the law. It refused to adhere to the law. For instance, candidates who did multiple defections were given nomination certificates contrary to the law.

Candidates with multiple party certificates were cleared. Influential politicians were consulted in hotel rooms by members of the commission on how to rule on sensitive cases.

Most alarming, and this out of my civic duty, I have shared my utter disbelief with the chairman of the commission on the conduct of a commissioner.

This commissioner, using male relatives, was calling parties with cases before the commissioners and soliciting bribes. His modus operandi was to inform the victim that he already had an offer from the complainant and that he would rule in favour of the accused if the counter offer was better. Can we entrust such a commissioner with our fate on March 4? I have my fears.

Ahmednasir Abdullahi is the publisher, Nairobi Law Monthly ahmednasir@nairobilawmonthly.com