Category Archives: Constitution

KENYA: LOOKING AT NEW CONSTITUTION AFTER FOUR YEARS

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From: joachim omolo ouko
News Dispatch with Father Omolo Beste
THURSDAY, AUGUST 28, 2014

The report of the Ndungu Commission on illegal and irregular allocation of public land gives one of the major reasons why Kenyan people opted for the new constitution. Under the old law, it was only the President, who had the right to allocate unalienated government lands, with the new constitution, even though Jubilee government wants to return it back as it were, with the national land commission in place it is going to make this attempt difficult, especially after referendum.

With the new constitution the President cannot exercise his powers without paying regard to the public interest. In any process of allocation, a formal offer of sale is made to an approved purchaser by the Commissioner for Lands and not the president.

The issue of land has been an emotive and sometimes volatile issue in Kenya since independence in 1963, and has dominated political campaigns. The new constitution backs radical land reforms, as well as allowing women to inherit land.

Against the background the 2005 constitution was rejected by Kenyan people. It watered down clauses hammered out at the National Constitutional Conference of 2003-2004. The conference called for a strong prime ministerial role but the revised draft retains a strong presidency.

Those campaigning for a “No” vote argued that power needed to be shared out, so that one person could no longer dominate the country as in the past. This, they said, would help fight corruption – a big problem in Kenya.

President Mwai Kibaki led the “Yes” campaign under the symbol of a banana. The “No” camp claim the orange as their symbol. It brought together seven cabinet ministers and the official opposition party, Kanu.

Roads Minister Raila Odinga, Environment Minister Kalonzo Musyoka and opposition leader Uhuru Kenyatta were its most prominent members. Christian churches, Islamic leaders and civil rights groups back Orange.

The 2005 Kenyan Constitutional Referendum was held on 21 November 2005. The proposed new constitution was voted down by a 58 percent majority of Kenya’s voters. The main issues of contention throughout the drafting of the constitution were over how much power should be vested in the President.

After Kibaki was defeated he dismissed his entire cabinet and deputy ministers. The result was seen as a protest against Mr Kibaki, and there was speculation that ministers opposed to the draft would not be part of the new team.

Campaigners celebrating the “No” vote asked their opponents to join them in drafting a fresh constitution, hence the 2010 constitution.

Although land is still major issue, with the new constitution Kenyans have achieved a lot. Corruption has improved from ‘highly acute’ to merely ‘rampant’. Unlike before when too many of the new ruling elite were out to get rich, rather than govern, the new constitution has prevented this.

Kenya is probably somewhat better off than it was under old constitution. Several ministers involved in corruption scandals who were going unpunished can no longer do so.

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

Omolo_ouko@outlook.com
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Twitter-@8000accomole

KENYA: LET THE GOVERNORS BE APPOINTED BY THE PRESIDENT

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THE CONSTITUTIONAL AMENDMENT IS NECESSARY TO HAVE THE COUNTY GOVERNORS BE APPOINTED BY THE PRESIDENT OF THE REPUBLIC OF KENYA.

Commentary by Leo Odera Omolo.

For the devolution government to succeed, the Jubilee government should use its majority numbers in parliament and introduce a comprehensive constitutional amendment that would make the County governors become the appointee of the President

The present system in which governors of the Counties are placed under the whims of the MCAs is unworkable.

The County governors are the m0ost frustrated lots. The MCAs cannot allow them to discharge their constitutionally mandated duties and responsibilities unless the governors succumb to their whims and vested interests.

The move to impeach the Kericho governor is vehemently opposed by the electorate, while local politicians are pointing their finger at a senior politician in the region who its being all said to be holding night meetings with MCAs inciting them to start the impeachment process against the governor. Once the Kericho MCAs are through with Prof. Chepkwony similar motion will be sponsored against the outspoken Bomet governor Isack Rutoin the same fashion.

THe case in point is the last week’s motion moved by the majority leader in the Kericho county Assembly that call for the impeachment of the hard-working Kericho governor Prof. Paul Chepkwony. The reasons advanced for this action are the most trivial. The MCAs threat to the governor has provoked harsh comments from senior politicians in the region.

A Kericho veteran politician William Kipkemoi Kettienya has come out and blasted the MCA telling them not to make things difficult for the governor. He said the move has no blessing of the electorate in the region.

According to his definition of the present devolution system, Senators are In lane one, followed by MPs in lane two while the MCAs are in third lane. As such let every one stick to his constitutional mandate. If a senior politician in Kericho want the governor out, such a move could not destabilize the county governance alone, but cold as well destabilize the \central government, therefore the Kericho MCAs must leave the governor alone.

Kettienya was reacting on rumors and speculation that an agent of a senior Kericho politician has been receiving money via a local bank in town which he is dishing out to the MCAs abd locally based journalists for the purpose of inducing the scribes to write stories that is tarnishing the good name of Governor Chepkwony. According to an eye witness the last transaction of such money was done last weekend in one of the posh hotels in town.

There is urgent need to have the constitution changed so that the County governors should fall under one appointing authority who should by President Uhuru himself.

In the old constitution, the Provincial Commissi9ners, the Mayors of the local municipalities and chairmen of the County Councils were working in harmony.

In the present system, however, the County governors are at the mercy of the greedy MCAs, some of them allegedly demanding to be paid the devolved money meant for development projects, some want their kith and kin to be appointed in plum jobs in the Counties while other have variety of vested interests such as the demanding that their relatives and friends be given tenders in the County projects. All these are the major sources of conflict of interests and hence increased demand for impeachment f governors. The song is the same from Embu, Nandi, Kiambu ,Bomet, Meru and other places.

The devolution system can only work if the County governors are all safe in their tenure of office and given maximum protection by the Central government. It is even sad that all these are happening when the office of the Attorney General and the Ministry in charge of the Devolution are silent as the impeachment song rent the air. And th whole system goes silent as the governors are being subjected to blackmail and intimidation.

ENDS

The Union is dead! Long live Tanzania!

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From: Yona Maro

—
Yona Fares Maro
Institut d’études de sécurité – SA

– – – – – – – – – –

(The Union is no longer valid. A complete merger should be in place. Zanzibar’s sovereignty is UNCONSTITUTIONAL!)

THIS will be – by far – the most polemic opinion article that I have ever written for my Truth Be Told column. It could get this newspaper barred from being published, but let’s take that risk, shall we? Unless freedom of opinion and freedom of the press are no longer God-given rights in Tanzania, therefore, anyone who speaks freely – without seeking permission to do so – risk certain jail terms and being barred from publishing their papers? We shall see!

When you speak, talk or write about the Union of Tanzania, which was forged in 1964 (if my memory serves me right) between Tanganyika and Zanzibar, you risk certain punitive measures. The Union has
become a central issue that has been highlighted in the current Constitutional Assembly, and, indeed, it has been a dividing issue. There are several camps of thought; there are those who want the Union gone completely that we have a severance – dissolution – whereby Tanganyika retains its former status and Zanzibar becomes a complete and independent nation, which, by the way, it ALMOST is! Zanzibar – save for this erratic and confusing union – can be defined as a sovereign state, as it already has its own flag (which incorporates the flag of the United Republic of Tanzania, reduced to abou 25% of the entire flag, or less), its own national anthem, its own FULL and autonomous Presidency – the President of Zanzibar under the Revolutionary Government of Zanzibar has full powers to administer the “country” as he sees fit, without seeking whatsoever permission from the President of the Republic of Tanzania.

I remember, a while back, Zanzibar made declarations that it wanted more autonomy, especially in terms of natural resouces. Zanzibar declared that the recent and abundant oil (and other fossil fuel) deposits found in Zanzibar, whereby there are five plots – of petroleum and natural gas – in the Indian Ocean, were purely Zanzibar property and where not to be considered Union property. This infuriated some bigwigs in the United Republic, who adamantly insisted that the oil deposits remain – as was prescribed – part and parcel of the United Republic.

Today, we have learned much about the Union; there is a second camp, in Zanzibar, which wants an arranged and contractual Union, whereby if eiher country – Zanzibar and Tanganyika – contravened the perninent articles of the Union Treaty, such action would constitute in the breach of law, which would make either country – after the severance due to breach of law/contract – a free and independent dominion; a state!

One thing that is clear is that, under the present arrangement, Zanzibar – as per the Union – is NOT a free state, because the Constitution of the United Republic of Tanzania states as following (right from the VERY BEGINNING):

CHAPTER ONE

THE UNITED REPUBLIC, POLITICAL PARTIES, THE PEOPLE
AND THE POLICY OF SOCIALISM AND SELF-RELIANCE
PART I

THE UNITED REPUBLIC AND THE PEOPLE

1. Tanzania is one State and is a sovereign United Republic.

2. (1) The territory of the United Republic consists of the whole of the area of mainland Tanzania and the whole of the area of Tanzania Zanzibar, and includes the territorial waters.

(2) For the purpose of the efficient discharge of the functions of the Government of the United Republic or of the Revolutionary Government of Zanzibar, the President may, in accordance with the procedures prescribed by law or provisions of such law as may be enacted by Parliament, divide the United Republic into regions, districts and other areas:
Provided that the President shall first consult with the President of Zanzibar before dividing Tanzania Zanzibar into regions, districts or other areas.

3. (1) The United Republic is a democratic, secular and socialist state which adheres to multi-party democracy.

(2) All matters pertaining to the registration and administration of political parties in the United Republic shall be governed by the provisions of this Constitution and of a law enacted by Parliament for that purpose.

4. (1) All state authority in the United Republic shall be exercised and controlled by two organs vested with executive powers, two organs vested with judicial powers and two organs vested with legislative and supervisory powers over the conduct of public affairs.

(2) The organs vested with executive powers shall be the Government of the United Republic and the Revolutionary Government of Zanzibar; the organs vested with judicial powers shall be the Judiciary of the United Republic and the Judiciary of the Revolutionary government of Zanzibar; and the organs vested with legislative and supervisory powers over public affairs shall be the Parliament of the United Republic and the House of Representatives.

This is what the Constitution of the United Republic of Tanzania says – from the BEGINNING – and here is what the Constitution of Zanzibar (Revised Edition of 2006) says:

THE CONSTITUTION OF ZANZIBAR 1984

CHAPTER ONE
ZANZIBAR
PART I
Zanzibar

1. Zanzibar is an integral part of the United Republic of Tanzania.

2. (1) The area of Zanzibar consists of the whole area of the Islands of Unguja and Pemba and all small Islands surrounding them and mcludes the territorial waters that before the Union formed the then People’s Republic of Zanzibar.

(2) For the purpose of the efficient discharge of the function of the Government, the President of the United Republic in consultation with the President of Zanzibar, may divide Zanzibar into Regions, Districts and any other areas in accordance with procedures prescribed.

3. (1) There shall be a Seal of the Revolutionary Government of Zanzibar whose insignia shall be as laid down by law enacted by the House of Representatives.

(2) The Revolutionary Government of Zanzibar slall be empowered to prescribe anything whatsoever that shall serve to Identify the Government in accordance with the law as enacted by the House of Representatives.

4. This Constitution is the Constitution of Zanzibar and shall have the force of law throughout the Country save for provisions of Article 80 if any legislation is found to be in conflict with this Constitution this shall prevail and that law shall be null and void to that extent that conflicts with this Constitution.

NOW, I am not a Constitutional Affairs expert nor am I a legal expert, but using my simple-man’s deductive powers, I can attest to the fact that Zanzibar IS A SOVEREIGN STATE for this single reason, as following:
2. (1) The area of Zanzibar consists of the whole area of the Islands of Unguja and Pemba and all small Islands surrounding them and mcludes the territorial waters that before the Union formed the then People’s Republic of Zanzibar.

Simply put is that Zanzibar – through THIS constitution openly declares that its territorial coverage is t he whole of the Islands of Unguja and Pemba and all the small islands surrounding them and it also includes the territorial waters that before the Union formed the then People’s Republic of Zanzibar.

This is an open and blunt statement that BOLDLY DECLARES that Zanzibar is a sovereign state, because, as per the Articles of the Union, and the Constitution of the Union, “Tanzania is one State and is a sovereign United Republic”. There is no question of Zanzibar being “an integral part of the United Republic of Tanzania”. In ESSENCE, as per the Constitution of Zanzibar, the SHOULDN’T even BE a Revolutionary Government of Zanzibar, and this is where the problem started, a long time ago!

The Presidencies of the late Julius Kambarage Nyerere, Ali Hassan Mwinyi, Benjamin Mkapa and Jakaya Kikwete HAVE ALL IGNORED the fact the Constitution of the United Republic was breached a long time ago, simply by the mere fact that – legally – a Union means the “merger” of two separate entities into ONE!

The Constitution of Tanzania declares that Tanzania is a sovereign United Republic – a one State entity – which wad formed by the union between Tanganyika and Zanzibar, therefore:

2. (1) The territory of the United Republic consists of the whole of the area of mainland Tanzania and the whole of the area of Tanzania Zanzibar, and includes the territorial waters.

However, there IS a contradiction in terms, which is:

(2) For the purpose of the efficient discharge of the functions of the Government of the United Republic or of the Revolutionary Government of Zanzibar, the President may, in accordance with the procedures prescribed by law or provisions of such law as may be enacted by Parliament, divide the United Republic into regions, districts and other areas:
Provided that the President shall first consult with the President of Zanzibar before dividing Tanzania Zanzibar into regions, districts or other areas.

Now someone tells me, IF at all we are talking – really – about a ONE STATE entity, why the heck would the President of the United Republic ever need to “first consult with the President of Zanzibar before dividing Tanzania Zanzibar into regions, districts or other areas”? I am sorry, but THIS DOES NOT COMPUTE! It doesnt make any sense, AT ALL!

I guess this is the BIGGEST LIE ever told to us all – both Tanganyikans and Zanzibaris – because, simply put, a Union, even by the simplest of definitions, means “the action of joining together or the fact of being joined together, especially in a political context.” or “the act of uniting two or more things”. So, this really WAS A LIE, to tell us that Zanzibar and Tanganyika were ONE STATE under the United Republic of Tanzania, only to have each one have its own independent Government AND a Presidency? WHAT A CROCK!

Simply put, the Union DIED the very minute the Articles of the Union were signed and put into motion, because, IF AT ALL – and I am sorry for over-emphasizing this – the Union was a reality, there would be only ONE government. What are we going to do about this – “we” meaning YOU and I? – is simply a matter of reflecting; we need to sit down and plan a course of act and ask, “If we have been lied to about the Union for 48 years, what else have we been lied to that we don’t yet know?” THEN and ONLY THEN will it all begin to sink in, and we shall – with great resolve and perseverance – overcome all obstacles that stand in the way of our becoming a truly independent ONE state!

AND THAT IS THE TRUTH THAT MUST BE TOLD! AMEN!

P.S. I am just a messenger. don’t shoot the messenger. Shoot the person who sent the messenger if you don’t like the message.

By @Paul Francis
Twitter: @PaulFrancisTZ, a.k.a. Citizen Paul
Email: paulfrancis.mongi@gmail.com
Text/Voice: +255-772-949577 and +255-762-949577

KENYANS TOLD TO IGNORE CALLS FOR NEW CONSTITUTION

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To: jaluo@jaluo.com

By Agwanda Saye

The East Africa Law Society (EALS) has raised a red flag over calls to amend the constitution.

The EALS President James Aggrey Mwamu has urged the public to reject demands to amend sections of the supreme law on flimsy grounds.

“Proposals to reduce counties from 47 to 14 are cheeky and dangerous towards returning the concentration of power and resources to the Presidency,” Mwamu said.

The EALS explained that devolution has nothing to do with the wage bill arguing that counties receive from the national Government a paltry 15 per cent of the national revenue.

“The 15 per cent is equivalent to the Local Authority Transfer Fund (LATIF) which used to be given to municipal councils,” Mr. Mwamu said.

The EALS President said that the wage Bill problem has been caused by rampant corruption and unemployment with a bias to ethnic origins of the people who are in power.

“Kenya has experienced economic wastage that cannot be compared to other nations. Many countries have managed to have two Houses of Parliament without problems,” Mwamu said. Mwamu regretted that the problem in Kenya is the Legislators who feel they can earn anything and have everything.

“They (legislators) flout every rule to achieve their desires without thinking what their actions are going to impact on the country,” Mwamu said

The EALS President said recent calls to scrap Senate and constitutional commissions should be ignored.

“This country has a lot of money lost in mismanagement, stealing and graft. Powerful individuals have colossal amount of money stashed in foreign banks,” Mwamu said.

The EALS regretted that the billions of shilling deposited in foreign accounts were obtained from public coffers.

“The Ethics and Anti-Corruption Commission (EACC) must double efforts and ensure the money is brought back to the country,” Mwamu said.

The EALS President challenged Attorney General (AG) Prof. Githu Muigai to explain what he has done with mutual recognition agreements to bring back public money illegally stashed abroad.

“We are now paying Anglo Leasing projects following negligence and the careless manner the matter was handled. We need action and immediately,” Mwamu said.

“Kenyans must be careful about calls to amend the Constitution. The Constitution is not the problem. The scapegoat that is being used at this time is devolution,” Mwamu said.

Ends

KENYANS MUST SUPPORT PRESIDENT KENYATTA’S EFFORT TO REDUCE HUGE WAGE BILL.

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Commentary by Leo Odera Omolo In Kisumu City

The move made by President Uhuru Kenyatta and his deputy William Ruto by voluntarily offering 20 per cent of their monthly salary reduction in order to relieve the country out of overburdening huge wage bill is a good gesture should be appreciate by all Kenyans of goodwill.

However, it must be taken into account that the President at a personal level is not feeling the heat of the current skyrocketing inflationary situation, which has pushed the prices of the basic commodities beyond the reach of many Kenyan families.

As the sojourner of the of prestigious State House, the President and his family are enjoying free supply of rations free medical facilities and free education of his siblings, all the bills footed by the state unlike thousands of the ordinary Kenyans who can now hardly afford to put their food on the table.

Nevertheless, it is my passionate appeal to him, to consider the options of abolishing so many money guzzling commissions, though all this would require political will. This would require the backing of both the Senate and Parliament.

The government should draft and introduce radical surgery involving a major constitutional amendment abolishing nomination seats in parliament and the national assembly as well as the luxury of nominated MCAs. With the present 290 parliamentary electoral constituencies, 47 Senate representatives and 47 women and as such the electorate in this country are well represented in all important legislative organs. In this context the only essential groups that need special representation and perhaps a few nominations are those people with physical disabilities. The huge wage bill which Kenya is currently under the obligation to meet the payment is the civil servants

It is also time the for the new constitution had explicitly abolished under the devolution processes.

It is worth for Kenyans to remember that during his election campaign for his re-election to his second term, the former President Mwai Kibaki made a big political blunder by dishing out the “political districts”, the erratic move which had seen New administrative districts recklessly being created in some areas which were previously administered by the locations administrative chiefs being promoted made district. Some of the Kibaki districts should be scrapped and revert to their former areas of jurisdiction. The creation of the new districts had inflated the pay bill for civil servants by nearly 35 per cent.

As a resident of Nyanza Province I can offer the example of old Migori district in the greater Southern Nyanza. Migori, which is now a County has new eight districts. There used to be only four, which include Kuria, Rongo and Migori. But today there are eight administrative district, which included, Rongo, Awendo, Uriri, Suna East, Suna West and Nyaike plus the two Kuria East and Kuria West. In all these new districts there are D.Cs, Dos and Chiefs and their assistants. What a crazy kind administrative arrangement is this?

Members of the Provincial Administration are redundant and idle and should either be redeployed into other government Ministries or be sent home with immediate effect.

His EXCELLENCY President Kenyatta should make a bold step and brig the Administration Police and the regular police under one command of the Inspector General of Police instead of maintaining the APs as different entity and yet they are supposed to be offering the same service.

At the same time the government should cut down unnecessary seminars, workshops and conferences at all levels of the national government and the counties. Uncalled for foreign trips, which of late have become a burden to Kenya taxpayers should be discouraged. And also non-performing Cabinet Secretaries, particularly those whose ministries are reportedly bedeviled with corruptions should be axed immediately.

Cabinet Secretaries should attend the meetings of both Senate and Parliament and be always available to answer the members questions. A certain category of public servants working for the Counties should be on secondment from the national government allowing the Counties to recruit only the lower cadres of workers for their purpose of maintaining efficiency in service delivery by the county governments. I am sure President Kenyatta meant well for the down trodden Kenya and he should also instruct his aides to be mindful of other Kenyans who are wallowing in abject poverty.

Ends

Signed by Leo Odera Omolo.

About the author: He.Is a retired veteran journalist who comments occasionally on topical issues.

Tanzania: Dual citizenship: Why should a child decide between its two nations?

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From: Abdalah Hamis

The United Republic of Tanzania is preparing a new constitution which will be approved (or not) by a referendum. On the 30th of December 2013 the Commission ‘Tume ya Mabadiliko ya Katiba’ presented the second draft of a new constitution to the President Jakaya Kikwete in Dar es Salaam.

One question of importance for our families and many others is how the new constitution will handle the issue of dual citizenship.

With great disappointment did we read that the new constitution is at this stage not bringing any change to the question of dual citizenship, which means it is simply not granted to anyone.

With this open letter to the Members of the Constituent Assembly, who are expected to discuss the draft and will be able to push for changes, we want to expound why we think that a provision for dual citizenship is needed in the some cases.

Ties to multiple nations are no longer an uncommon situation. A good number of Tanzanians of multinational descent have been able to use their status in search of further education, better opportunities in business and social services. It is estimated that more than two million Tanzanians live in foreign countries. For those born with multiple nationalities, the choice of which to choose, may lie with which nationality provides them with better opportunities to grow and learn, yet this logical decision does not mean that their love for Tanzania has diminished. Many would like to contribute to the development of their home country by leveraging the expertise in various areas gained through formal education and work experience and their good knowledge of Tanzania.

Let us present to you the case of a Tanzanian son and of Andrea Cordes, one of the authors of this letter, and the dilemma he will be facing because of the non-provision of dual-citizenship: Ilyas, born in Dar es Salaam in 2009 as the child of a Tanzanian and German citizen would be, according to current law, in the situation to decide, once 18, whether he wants to keep his Tanzanian or his German nationality. Please read that once more: he has to decide whether he keeps the nationality of his father or his mother. He has to decide to which of the two nations, which are both part of him, he wants to belong by citizenship.

Look at this picture, literally it speaks what Ilyas represents: one part is Tanzanian, one part is German: 1-1.

[image; child running;]
IlyasMsangi_Copyright_AfliaFotografie

So we ask you: Is this really a situation that children should face because parents moved across boarders? Should they miss the opportunity to contribute as a citizen to the development of their nation?

African countries are continuously reaching out to their diaspora and multinational citizens to contribute to their economic, political and social development. If Tanzanians intend on seeking the contribution of our citizens, let us also allow them the privilege to keep the nationality of their homeland, while they represent us and their personal interests elsewhere as well. Dual nationality in this age of mobility is relevant. The world is no longer one of single identities. We marry, reproduce, live, learn and work across borders. By no means does dual citizenship mean they love Tanzania any less, but forcing one to divide their own identity into separate parts is no longer an easy task. There is little for us to lose, as a nation, from allowing global citizens to keep Tanzania as part of their identity.

Children born with multinational background are the sons and daughters of Tanzania and the respective other country.

Which risks are there to grant children dual citizenship of both nations they belong to? We don’t see any. If as grown-up person they would decide to serve in the national service, to take a political office, yes in these cases maybe regulations should be in place to go for a single citizenship. But these kinds of regulations can be put in place, just as the right to dual citizenship.

Therefore we are asking you as the Members of the Constituent Assembly to push for necessary adjustments in the constitution so that these children are able to keep their origins by citizenship. Because in the end they will always be the sons and daughters of both nations!

Written in the United States of America and Germany by Sia Chami and Andrea Cordes

Nigeria: CSPDN Press Release: National Dialogue: Civil Society Sets Agenda

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From: Cheekless 2011
CSPDN Press Release

Ahead of the forthcoming National Dialogue, over one hundred Civil Society Organisations in Nigeria converged in Abuja on Wednesday 5 February 2014, and declared support for the initiative, even as they drew an agenda for consideration.

The participants drawn from all parts of the country under the aegis of Civil Society Partnership for Development in Nigeria (CSPDN) brainstormed and passed far-reaching resolutions.

According to a 12-point Communiqué issued at the end of the meeting, signed by the CSPDN National Chairman, Dr. Uzodinma Adirieje; Chairman, Communiqué Drafting Committee, Mr. John Akuse; and six other CSOs representatives (one from each of the six geopolitical zones), the third Sector representatives articulated several points which they consider very critical for the continued existence and progress of the country.

Among the issues considered for deliberation are: widespread corruption in the country, injustice and violation of laws; fundamental rights, gender equity and protection of children and vulnerable groups; citizens’ participation in governance; peace and social security, as well as health and human capital development.

Others are: youth mobilization, involvement in governance and political violence; transparency and equity in resource allocation; removal of immunity clause protecting some public officers in criminal matters; effective implementation of federal character to be inclusive of residents of every state and merit-based appointments across the country; review of the country’s governance structure, among others.

While appreciating the Federal Government for the inclusion of the Civil Society in the Confab, participants unanimously agreed that the 24 slots availed Civil Society Organisations in the country are grossly inadequate, considering the critical role they play as the third sector of the economy.

Continuing, they called on the National Assembly to ensure that the decisions of the Conference are given legal effect through integration into the ongoing constitutional amendment.

Highlights of the consultative meeting were the setting up of nine Technical Working Groups (TWGs) covering the identified critical areas and the nomination of twenty-four Civil Society representatives for the National Dialogue through a transparent democratic process.

Commenting on the proceedings of the meeting and selection process of Civil Society representatives, Chairman of the Communiqué drafting committee, Mr. Austin Osakwe described it as transparent and urged other sectors of the economy to learn from the third sector.

Some of the Civil Society Organisations present at the meeting are: Afrihealth Optonet Association; Media Initiative Against Injustice, Violence and Corruption- MIIVOC, Women Rights to Education Programme, Last Born Humanity and Development Foundation, African Child Social Empowerment Centre, Citizens Center for Integrated Development & Social Rights-CCIDESOR, Advocacy Initiative for Rural Mobilization and Upliftment and International Centre for Women & Child development.

Others include: Rural Women & Youth Development and Borno State Network for Peace, Center For Integrated Development And Social Rights, Ashbet Initiative, Body And Soul NGO, Habitat Care And Protection Initiative, Poverty In Africa Alternative (POVINAA), Initiative For Community Development, Lion’s Pride Children Initiative, Initiative For Grassroot Advancement (Ingra), Universal Agricultural Empowerment And Development Initiative, Youth Track Millennium Development Initiative, Social Welfare Network Initiative, Social Welfare Network Initiative, Lastborn Humanity and Development Foundation, Education as a Vaccine, Civil Resource Development and Documentation Center, Live Healthy Organization, Growing Businesses Foundation, Women’s Right To Education Programme, Advocacy Initiative for Rural Mobilization And Upliftment, Advocacy Initiative For Rural Mobilization, Foundation For Family Valves and Health Orientation and Empowerment, Shinning Status Women and Youth Initiative, Street Of Diamond Children/Women Health Care, David Mark Bonaventure Initiative, Poverty and Associated Maladies Alleviation Initiative (PAMAI), among others.

Walter Duru
Publicity Coordinator

KENYA: SHOULD RAILA APOLOGIZE FOR ALLEGING MILITARY HAND IN 2013 ELECTIONS?

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From: Joram Ragem
To: jaluo jaluo jaluo@jaluo.com

REGARDING IEBC & KIMEMIA DEMANDING AN APOLOGY FROM RAILA FOR HIS UTTERANCE THAT THE MILITARY WAS INVOLVED IN RIGGING THE LAST ELECTION.

With the passing of Nelson Mandela who fought and is admired greatly for his achievement for dismantling apartheid, with the just concluded remembrance of Martin Luther King Jr who fought for civil rights for all people, and with todays passing of Jerry Okungu there is still a lot of suppression of freedom of expression in Kenya. At Mandela’s Memorial, Uhuru Kenyatta was present and he was one of those talked about by President Barack Obama who stated that there are still many hypocritical leaders who claim solidarity with Mandela’s fight for freedom but in their own country they cannot tolerate the slightest dissent.

Raila may have more details now than he knew then or even at the time he disputed the elections in court. Be that as it may, Raila Odinga is a citizen of Kenya and has every right to his opinion.

Whoever feels this opinion is repugnant to justice, or is offensive, or is maligned by it, or is a breach of peace, or a security threat, need to go to court, instead of demanding public apologies in the very media they have suppressed.

Kenya is not the ‘wild world west’ where an offended gun trotting cowboy will post empty warnings like “Apologize Or Else.” These empty, imagined or real threats notwithstanding, those sitting in the comfort of democratically acquired power need not worry, panic or get agitated.

Look, many leaders in USA publicly stated that the USA government through the CIA, or Russia, or Cuba assassinated JFK. Because of flourishing freedom of expression no sitting government official threatened a US citizen for expressing conspiracy theories.

To wit Agwambo need not be threatened. There are many who are willing to die for this man who has been cheated the presidency twice. They really have nothing else to lose if Kenya goes up in smoke.

It is Kimemia, Gichangi, Hassan, Uhuru, Ruto, Muhoro, Kinyua, el al who will regret losing the peace and tranquility they are agitating to lose. Ignore Raila to his opinion. Let Raila enjoy his freedom of expression and being in the opposition.

You have already detained him for 8 years and stolen his presidential victory twice. Enjoy your stint in running Kenya. Lets avoid wishing to be like South Sudan. Because in just a flash of a second, we could.

The Arab Republic of Egypt Draft Constitution 2013 New Constitutional Document

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From: Yona Maro

The Arabic Republic of Egypt draft constitution 2013, new document after amending the suspended 2012 constitution.

http://allafrica.com/download/resource/main/main/idatcs/00080340:841f32bb5daf69d888c77a47bc5cfcb2.pdf

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CRC REPORTS

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From: Ezekiel Massanja

The Constitution Review Commission has released its reports, you can download them from the following link:
http://www.katiba.go.tz/index.php/taarifa-mbalimbali-kuhusu-mchakato-katiba

—
Ezekiel J. Massanja
Director of Finance and Administration
Legal and Human Rights Centre
P.O. BOX 75254
Dar es Salaam

Tel: +255 22 2773038, 2773048
Fax: +255 22 2773037
Cel: +255 754 283593

USA: Put an end to Citizens United once and for all!

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From: Senator Al Franken

Dear MoveOn member,

I’m U.S. Senator Al Franken, and I started a petition to the United States Congress and President Barack Obama, which says:

We, the undersigned, have had it. Corporations are not people. Elections should not be auctions. And we refuse to let our democracy be put up for sale.
We are standing together to call for a constitutional amendment to overturn Citizens United.

Sign Sen. Franken’s petition
http://www.moveon.org/r/?r=295848&id=85269-21095459-qPfo3ix&t=1

Citizens United was a disaster. It opened the floodgates for corporations to write big checks to fund right-wing special-interest attacks, helping them pour $719 million into the 2012 elections.

The question is, what are we going to do about it? How are we going to stuff this “corporations are people, elections are auctions, democracy is for sale” mess into the Dumpster of Bad Ideas?

Here’s how: A constitutional amendment that puts power back in the hands of the people. The actual, human people.

Click here to sign my petition and join me in calling for a constitutional amendment to overturn Citizens United, and then pass it along to your friends.
http://www.moveon.org/r/?r=295848&id=85269-21095459-qPfo3ix&t=1

Thanks!

–Senator Al Franken

This petition was started by Senator Al Franken on MoveOn Petitions Political Action Edition, which is licensed to and paid for by MoveOn.org Political Action. Senator Al Franken didn’t pay us to send this email—we never rent or sell the MoveOn.org list.

PRESIDENT KENYATTA HAS THE RIGHT TO APPOINT HIS LOYAL SUPPORTERS TO THE POSITION OF TRUST

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Writes Leo Odera Omolo IN Kisumu CITY

Those politicians making noisy over the appointment of of parastatal heads have got it wrong. They ought to have known that such coveted appointment are not done by tht President single handedly, but only after a thorough consultation involving other arms of the government including the security intelligence for clearance.

This has been the tradition in Kenya ever since the country become independent in 1963 and thtrefore not the creation of President Kenyatta alone. Apart from the clearance by the department of the security intelligence it also required the approval and implementation of the parent MINISTRY INVOLVED.

What counts most is one’s total loyalty to the head of state who is the appointing authority and the government. The President of the Republic of Kenya cannot wake up in the morning and announce such appointment without proper consultation. And it is constitutional prerogative to do so without knelling down before anybody.

Ambassador Francis Muthaura comes in with the wealthy of experience in public administration and I do not see anything wrong for him being considered for such a plum job. He is more than qualified and his age cannot be a barrier to the job. Let the noisy making politicians respect the country constitution that empowered the President to be the appointing authority.

Some of the vocal critics of the appointments perhaps would have wished to see their political cronies given these jobs despite of experience and qualifications. We are still smarting from an era where one Leader had appointed close elatives and cousin’s t 21 of the plum jobs. This what happened during the PNU/ODM coalition. Such shameful acts should not be allowed to happen again in Kenya,

I can challenge those who are vocal over President Kenyatta’s appointments in parastatals and quasigovernment organizations to give us the breakdown of what happened during the coalition government.

Leo Odera Omolo

KENYA: WHY UHURU WON’T BE COWED BY JOURNALISTS’ THREATS

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From: Ouko joachim omolo
The News Dispatch with Omolo Beste
TUESDAY, NOVEMBER 3, 2013

President Uhuru Kenyatta and his Jubilee coalition government have made up their minds that his memorandum on the media Bill remains, whether journalists drawn from all media houses hit the streets to oppose it.

David Ohito, the vice-chairman Editor’s Guild and a long time friend of mine says they are going on the street because they were not satisfied by the move to place the memorandum before the Parliament for debate and adoption without involving all stakeholders, sighting mischief by the Government.

Journalists are wondering how can individual journalist pay Sh500,000 and the media houses part with Sh20 million. Threat by media to move to court to challenge the constitutionality of the Bill is not going to help much either.

Ohito says they will present their own memorandum before the Parliament during the protest. But even so, this won’t help either since the speaker of the national assembly is jubilee slot and in many occasions has been seen siding with Jubilees’ agenda, particularly removing Kenya from Rome Statute to save Uhuru and his deputy Ruto from attending the cases against them.

Ohito is also challenging Uhuru to take personal responsibility about the whole issue and allow for media freedom. No matter how much Uhuru would be willing to do so, his hands are tied since he cannot act independently from his Jubilee mandate.

Uhuru cannot take personal responsibility that is why his effort to defend Land, Urban Development and Housing Cabinet Secretary Charity Ngilu has been challenged. Jubilee coalition members are plotting to get rid of her.

Some of the things Jubilee government would not like media to report is current silent rebellion against Deputy President William Ruto, which is slowly building up in the Rift Valley with some MPs being critical of what they say is Ruto’s soft stance on matters of national importance.

TNA particularly would not like to see media reporting that URP MPs are especially irked that Ruto has remained complacent even as plum state jobs are being distributed to one half of the Jubilee government.

The disharmony is not only limited to MPs but some of Ruto’s close associates have expressed their concerns that his erstwhile political protégé, Joshua Kutuny was appointed as President Uhuru Kenyatta’s political advisor without any consultation or notice and now being used by TNA pro Uhuru instead of Nancy and Mutahi Ngunyi.

The recent statement by Kutuny and which did not please URP legislators is when he was used to issue statement that no one coached ICC witnesses to fix Ruto. This has not gone very well with URP members.

Kuttuny robustly defended uhur against these allegations and urged the leaders to desist from making statements on the ongoing ICC cases at the International Criminal Court.

Politicians don’t work like professionals. That is also why Attorney General, Githu Muigai and the Cabinet Sectary for Communication, Fred Matiangi have been left out in darkness about the clauses in the memorandum.

The same fear of media also emerged during the Kenya’s first President Jomo Kenyatta when he fell out with his political ally, Tom Mboya in 1960s. Media was seen as a threat to Kenyatta’s government when Kenyatta and Mboya rivalry led to the formation of the Central Organisation of Trade Unions (Cotu).

Cotu was mooted by the Kenyatta administration ostensibly to neutralise Mboya’s influence in the country’s trade union movement. Trouble started in 1962 when Mboya threatened to leave Kanu.

Kenyatta feared that if Mboya used the Kenya Federation of Labour as a party, an economic strategy, which favoured capital rather than labour, would give his critics further ammunition to fight his government.

The same thing happened after Jaramogi Odinga Odinga formed an opposition party, Kenya Peoples Union (KPU). Radical trade union leaders, who supported Odinga were suspended from Cotu. Media was not allowed to report this.

Moi was even particular. He banned some sections of media several times when it emerged that they reported his brutal action of detentions and political trials, torture, arbitrary arrests and police brutality.

Moi always perceived human rights generally as alien and Euro centric conceptions inconsistent with African values and culture. That is why he always tried to ban civil organizations.

Journalists who reported things against his government were taken to Nyayo torture chamber. Moi’s actions were meant to silence journalists and the intelligent, perceived to be critical of his authoritarian rule.

In 1986 alone, 100 people were arrested and detained for their alleged association with Mwakenya, the movement started by some Kenyans in Europe who had fled Moi’s oppression regime.

Politicians who were vocal were ruthlessly killed. Foreign Affairs Minister, Dr. Robert Ouko, was assassinated in February 1990. Clergymen, lawyers, and other pro-democracy and human rights advocates were persistently arrested and harassed, or even killed.

In the build-up to the 1992 to 1997 elections were met with police beatings. Any journalist who reported this incident was put into task. Opposition members who refused to vote KANU and Moi had their houses burnt, property looted or killed.

Judges who made rulings in favor of human rights victims exposed themselves to punitive transfers or sacked.

Mwaki Kibaki’s regime was not different either- He tough with media when they reported that campaigners and critics condemned the reappointment of retired Justice Aaron Ringera as anti-corruption director.

Kibaki’s regime reappointed Ringera because he was cheap to be tamed. Campaigners were against his appointment because he failed to fight corruption, not to realize that this was the type of person Kibaki government wanted.

The same Ringera has been appointed by President Uhuru to lead the team which is to probe the activities of JSC. This is despite the fact that Ringera is not fit to head the team of tribunal since at one point when he applied to be a judge of the Supreme Court he was not short listed.

Ringera was appointed chair of the tribunal whose other members are Jeniffer Shamalla, my friend Ambrose Weda and Mutua Kilaka. Apart from Weda, the LSK chairman Erick Mutua explained that Shamalla had also come out in the media directly critisising the JSC.

At one point, Jennifer Shamalla has not only come out on national TV to say that the JSC does not know what it is doing but also criticized the honorable Chief Justice Dr Willy Mutunga.

At the end of 2005 President Kibaki appointed him director when he had failed to respond to the Anglo-Leasing dossier as the public demanded. Ringera was set for cover-up. He never released the copy to John Githongo who was then the Secretary to Ethics and Corruption.

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

KENYA: THE PEOPLE DAILY REPORTS NJUE IS TO GET VATICAN POSITION

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From: Ouko joachim omolo
The News Dispatch with Omolo Beste
FRIDAY, NOVEMBER 22, 2013

Since The People Daily reported four days ago that Cardinal John Njue of Nairobi archdiocese is reassigned to Vatican many of you have asked me to establish the truth about the report. Click here to read the report-Cardinal Njue to get Vatican position as reshuffle looms | The People. http://www.google.co.ke/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCoQFjAA&url=http%3A%2F%2Fwww.thepeople.co.ke%2F32704%2Fcardinal-njue-to-get-vatican-position-as-reshuffle-looms%2F&ei=oA6PUuzTLcT_rQfRi4DYCg&usg=AFQjCNErqieUFJLfXeyc9weQhXUrBLoobA&sig2=7pJYZ63rjg_VGDZ5ExyQ4g

I have been reluctant to report because the office of the Nuncio in Nairobi has not communicated it officially. However according to the report by The People Daily sources in the Church said John Cardinal Njue is scheduled to be appointed by Pope Francis head of the Pontifical Association of the Holy Childhood, a Catholic children’s association commonly referred to in Latin as the Pontificium Opus a Sancta Infantia.

Report further reveals that in his new position, Njue will be based in Vatican City, Italy where he undertook his formative studies before he rose up the ranks in the Kenyan Catholic Church to his current position.

The new changes according to the report will effectively see Bishop Maurice Mukhatia of the Catholic Diocese of Nakuru transferred to Nairobi for the eventual appointment to the position of cardinal and archbishop.

Although it is not said why Njue is to go to Rome, according to the report this might be as the result of Vatican concerns over divisions in the Kenyan Catholic church during the reign of Cardinal Njue, dating back from majimboism debate to constitutional review and presidential elections.

Njue also hit the headline in May 2009 when members of the Catholic Charismatic Renewal group in the Archdiocese of Nairobi were angry at him when he ordered it investigated. This was despite the fact that his successor emeritus Archbishop Ndingi Mwana Nzeki supported and appointed a priest in charge of the movement.

Cardinal Njue also hit the headline in 2010 when the Nairobi Star reported that over 100 priests within the Archdiocese of Nairobi were planning to ambush Njue at a meeting on November 16 to challenge his leadership. Click here to read the source-Priests rebel against Njue | The Star.

The paper reported that the priests wanted to tell him to his face that they were losing faith in him because of the way he is treating them and the faithful. The priests were reported to have told all those who could speak to Njue including the Pope’s Pepresentative in Kenya Archbishop Paul Allan Lebeaupin and members of the Episcopal conference but nothing had changed.

Some priests were also unhappy with Njue’s campaign for the No side during the August 4 constitutional referendum. Njue had directed all the Catholics in Kenya to vote ‘NO’ to the constitution.

According to the report, he forced some of the priests to openly campaign against the constitution even when they knew that the people who came to church were in support of the constitution.

The priests who refused to tell their Christians to vote ‘NO’ argued that they wanted to people to use their consciences to vote ‘YES’ or ‘NO’. They wanted the church to remain neutral.

Njue also featured on controversial ownership of St Mary’s Hospital. Cardinal Njue and Marie Therese Gacambi of the Assumption Sisters wanted to grab the hospital from Father William Charles Fryda of the Maryknoll Fathers and Brothers Society in the United States who is the founder and Chief Executive Officer of the hospitals.

According to Catholic observers, Mukhatia is the best for Nairobi because he can unite the church based on his robust personality unlike Njue whom critics argue has not been vocal in taking the authorities head on like his predecessor Archbishop Ndingi Mwana a’Nzeki who was the most outspoken critic of the Moi regime over the ethnic violence that rocked parts of Rift Valley region shortly before the 1992 General Election.

The paper further reveals that the changes will also see one Alfred Rotich, who left the Military Ordinariate of Kenya, the diocese charged with the pastoral care of the uniformed members of Armed Forces, moved to Mombasa as an archbishop to replace Boniface Lele who has been retired on health grounds.

The Church the paper reports, is also contemplating the appointment of Fr Hieronymus Njoya currently the regional superior of Consolata Missionaries based in Kenya to head Kakamega diocese to replace Bishop Philip Sulumeti who retired last year on health grounds.

The changes are also set to see Fr Lawrence Njoroge, a lecturer and chaplain at the Jomo Kenyatta University and Agriculture and Technology, appointed Vice chancellor of the Catholic University of East Africa.

But people are to wait for the official announcements by the papal representative, (Apostolic Nuncio) to Kenya- Archbishop Charles Daniel Balvo just as he did in November 1, 2013 when Lele retired.

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

Kenya: Kambas cry – ‘Spare One of our Own’

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From: Maurice Oduor

At this rate, I don’t think Kenya will get anywhere with reforms. If no one that breaks the law can ever be censored or punished, then we’re doomed.

Here, it’s clear that Charity Ngilu has violated the Constitution. For once our useless parliament has decided to do the right thing by taking steps to address the situation.

What happens next?

She runs back to Ukambani for help and screams, “We Kambas are being finished !!!”.

The Kamba MPs come to her rescue with a call that “Mama Ngilu should be allowed to do her job; it’s time to set aside petty politics”

What petty politics? The lady broke the law !!! People face punishment when they break the law !!!!! That’s not petty politics !!!!

Sometimes I think I’m a character in George Orwell’s book, 1984, and that everything that is right real life is wrong but everything that is wrong in real life is right.

– – – – – – – – – –

http://www.standardmedia.co.ke/mobile/?articleID=2000097264&story_title=ukambani-mps-defend-ngilu

Human is to era, Ukambani MPs tell President Uhuru Kenyatta over Ngilu
Updated Saturday, November 9th 2013 at 13:55 GMT +3

By ONESMUS NZIOKA

MACHAKOS, KENYA: Members of Parliament from Ukambani have come to the rescue of embattled lands cabinet Secretary Charity Ngilu who faces possible sacking for violating the Constitution after parliament censured her.

The MPs, during the launch of the Machakos City, petitioned President Uhuru Kenyatta to pardon Ngilu over the ‘gross misconduct’ allegations leveled against her by the parliamentarians.

“Human is to error. If Ngilu erroneously made a decision that did not please many, she should be forgiven and allowed to perform her duties. No one is an Angel,” said Mavoko MP Patrick Makau.

“Mavoko residents and all Kenyans would like to be issued with title deeds. We should allow the Cabinet Secretary to perform her duties and stop petty politics,” Makau said.

Masinga MP Itwiku Mbai besieged the President to ensure Ngilu is protected from the MPs who are baying for her blood, saying the Cabinet Secretary is being hounded for her firm stand to clean the lands ministry dogged by corruption and massive land grabbing.

“We know mama is able and should be left to go on with her duties. We want Ngilu protected,” said Mbai.

Kangundo MP Katatha Maweu urged all Kamba politicians to unite for the sake of the region’s development, saying divisive politics will continue to plunge the region in poverty.

MPs wanted Ngilu fired for unconstitutional, irregular and un-procedural acts of creating offices and making arbitrary appointments, promotions and transfers of staff in the lands ministry.

This, could be a sign that Ngilu, who has been lobbying MPs to let her off the hook is winning the fight.

KENYA LAWYERS BODY WANTS TRAFFIC BOSS REMOVED

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To: jaluo jaluo@jaluo.com

By Agwanda Saye

The Law Society of Kenya (LSK) has filed a suit to eject from office Traffic Commandant Mr. Samuel Kimaru over increased tragic road accidents.

LSK has also included the National Police Service Commission (NPSC) as respondents in the suit filed at the High Court, sitting in Mombasa.

The suit seeks a declaration that the Traffic Commandant is unfit to hold office following omissions, actions, abuse of power and gross neglect of Constitutional and Statutory duties.

It further seeks an order directing the NPSC to sack Mr. Samuel Kimaru as an employee of the Service.

According to the plaint (legal papers) drawn and filed by Ndegwa Muthama Katisya & Associates Advocates who are representing LSK, thousands of lives are being lost on roads.

“Neglect of duty by the Traffic Commandant and the NPSC leads to loss of over 3,000 lives on the road annually,” says LSK in the plaint.

LSK told the High Court that over 9,000 people are maimed for life annually, 26,000 vehicles and other property destroyed annually and billions of shillings spent on hospital bills and funeral expenses.

“Over 1,725 people lost their lives on the road between January and July 16, 2013 alone,” LSK said in the plaint.

LSK said that unlawful omissions and actions of the Traffic Commandant and NPSC have significantly contributed to the Police Service becoming the most corrupt institution countrywide.

“The Kenya Police service has consequently been nationally and internationally recognised as the most corrupt institutions,” LSK said.

LSK said that the respondents are in gross violation of the National Police Service Act No. 11 of 2012.

“The Traffic Commandant has failed to maintain law and order on roads, protect life and property, investigate, prevent and detect traffic offences, apprehend offenders, and enforce of all traffic laws and regulations,” LSK said.

In violation of Section 49(3) and (4), of the National Police Service Act , the Commandant has failed to make reports of all daily occurrences and incidents encountered in the discharge of the statutory function and submit the report to superiors.

Under Section 49(10) of the National Police Service Act, the Commandant has failed to respect the law, regulations, Service Standing Orders and to prevent violations thereof.

“The Traffic Commandant is professionally and vicariously liable for the neglects, unlawful omissions, and commissions of the officers working under his command.” LSK said.

LSK has argued that as a result of the Commandant’s failure to remove defective vehicles from the roads, a substantial number of vehicles with visible defects or violations of the Traffic Act pass through Traffic checkpoints.

LSK said that the visible defects or easily discernible defects and or violations include vehicles without both or any head-light being driven for long distances at night without being removed from the road.

Others include public service vehicles with dangerous worn out tyres, overloaded public service vehicles and commercial vehicles.

Some of the vehicles illegally emit heavy obnoxious petrol or diesel fumes, public service vehicles without speed governors, vehicles without identification number plates are habitually used in Kenya roads.

LSK said that many vehicles driven by unlicensed drivers and kerbs have been converted into parking and garages for repairing broken down vehicles.

Ends

ELECTORAL COLLEGE SYSTEM WON’T STOP RIGGING IN KENYA

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from: Ouko joachim omolo
The News Dispatch with Omolo Beste
TUESDAY, OCTOBER 29, 2013

This is credible. I have never received many e-mails and Facebook like-as I have received following my dispatch of yesterday entitled: “Our turn to eat that exclude other tribes in Uhuru’s eating camp”. This demonstrates how Kenyans are fed up of democracy based on numbers and tribal favour.

Alex from Awasi, Kisumu County was very practical. He writes: “Father I am a Kalenjin and I do agree with you that after 10 years Uhuru’s people will not allow Ruto to succeed him, just like what late John Michuki said that Kenyans don’t need new constitution because what they wanted was to remove Moi so that the presidency goes back to the house of Mumbi.

My question Father is why did Ruto accept to be used when he would have known the trick best? And Father do- you think if constitution is amended so that we follow American voting system of college vote it will stop rigging in Kenya? Otherwise I indeed like your blog because it an eye opener to blind Kenyans”.

Alex William Ruto knows about these tricks very well than you do. The only reason he settled on Uhuru Kenyatta is not because they have a confluence of vision for Kenya but because of ICC paranoia.

The term paranoia is a thought process heavily influenced by anxiety or fear, often to the point of irrationality and delusion. Paranoid thinking typically includes persecutory beliefs, or beliefs of conspiracy concerning a perceived threat towards oneself.

So this paranoia is an important move by Uhuru and Ruto in confronting ICC charges. They use Kenyans as their shield to protect and defend themselves from charges. This exactly what is happening now, they want Kenyans and African Union to defer the case.

Alex even if constitution is amended for president to be declared a winner, not by numbers but popular vote just like what they do in America those who want to stick to power will always find their ways in how to rig themselves in.

In the United States, a system called the Electoral College periodically allows a candidate who receives fewer popular votes to win an election. Electoral votes are based on congressional representation — the sum of senators and representatives. The total is 538, and 270 votes are needed to be elected.

Should there be an electoral vote tie (such as 269-to-269) or no candidate receives a majority of the electoral votes (such as 268-267-3), then the U.S. House of Representatives must go into session immediately to select the President.

The U.S. Constitution limits the House to selecting from the top three Presidential candidates. A candidate must receive an absolute majority of the votes (26) to become the President-elect.

If no candidate for Vice President receives an absolute majority of electoral votes, then the Senate must elect a Vice President. The U.S. Constitution limits the Senate to selecting from the top two Vice Presidential candidates. At least two-thirds of the Senate must be present for balloting to take place.

That system cannot work here in Kenya where the IEBC Servers and the IEBC vote tallying computer system disc-space are completely made to malfunction and collapse failing to respond in correct downtime.

Like in March 4 presidential elections foreign players particularly the West, were accused of crashing the IEBC computer system by deploying the virus through the VPN infrastructure by Safaricom from abroad.

The number of rejected votes when the IEBC was using the electronic tallying system was nearly 300,000 at the 5million total votes cast mark, a very significant number that makes a case in the total vote cast.

When IEBC took up the manual tallying system the total number of rejected votes was 39000 at the 4.6million total votes cast mark, this is a disturbing significant decline in the electronic figures compared to the manual figures.

Deployment of viruses from secure computers to network servers was reported by Strategic Intelligence where Western spy agents deployed Red-October to mine vital data from government computer systems and data bases.

Viruses/computer bugs are used to mine and manipulate data from computer networks, servers, and computer memory facilities including data-centers, hence can mine crucial data including emails, conversations, and files.

The Petition filed at the Supreme Court of Kenya by Raila Odinga’s lawyers gives a glimpse of how rigging the presidential vote was executed. It alleges that TNA and IEBC outsourced ICT services from Kencall EPZ Limited- specifically web hosting for transmission of vote results from polling centres to their respective national tallying centres at Gatanga road and Bomas of Kenya.Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail omolo.ouko@gmail.comFacebook-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

Looking to Draft a Constitution? Now You Can Google It

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From: Yona Maro

The inspiration behind the recent launch of Constitute, a new application for lawmakers and those aspiring to draft their first constitution, are cases like Egypt, fresh from a revolution and still grappling with political unrest. It is a platform created by the Comparative Constitutions Project in partnership with Google Ideas and is a tool to “read, search and compare” constitutions from over 170 countries.

“Most people who are drafting constitutions have never done so before and hope to never have to do it again,” the project’s co-director, Tom Ginsburg, told Foreign Policy. “We seek to empower both potential constitutional drafters and their citizens, so as to better inform the choices they will have to make to establish and preserve lasting national constitutions. With Google’s help, we’ve been able to do just that.”

The website allows users to filter for constitutions by country and the 300+ topics, as well as utilize a search function that shows suggested topics while searching.

For example, a search for “abortion” turns up only two countries that have written it into their constitutions. The 2012 Somalian constitution only says that abortion “is contrary to Shari’ah and is prohibited except in cases of necessity, especially to save the life of the mother.” Swaziland’s 2005 constitution has a conflicted notion of abortion, decreeing it “unlawful but may be allowed.”

Link:
http://techpresident.com/news/wegov/24440/looking-draft-constitution-now-you-can-google-it

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Is Kenya Sleepwalking into a Trap?

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from: George Kaggiah

The leaders who formed the ICC will be remembered as great men and women who thought aboutholding people at high places to account when they committed atrocities against their own or otherswithin their influence.

ICC was intended to try criminals who had committed known crimes against humanity and who couldnot be tried at home. The criminals deserving the attention of the ICC are the notorious criminals whohave in no doubt committed atrocities which are clearly observed, talked about are indeed attributableto them. In most instances these criminals are heads of state or military leaders who turn to crime uponreaching the zenith of their power.

President Uhuru Kenyatta and Deputy President Ruto do not fit any of the known descriptions ofcriminals and the emergence of their names from a mysterious and curious secret envelop whosecontents and handling remains strange, has baffled many and is the first of its kind in the history ofjustice in Kenya; the envelope. It has been said that the actual instigators and perpetrators of the crimeswere missing from the secret envelop and thus the secrecy.

It is also important to note that these are the most popular leaders with the Kenyan people who, inexercising their democratic rights chose them as their President and Deputy President. The KenyanPEOPLE exercised their rights as enshrined in their constitution and chose them to LEAD theGovernment of the PEOPLE by the PEOPLE for the Kenyan PEOPLE.

The collective action of the Kenyan People in electing them President and Deputy President clearlyshows that the Kenyans have given them the mandate to lead them and represent them in the variousinternational fora as may be necessary in discharging their duty.

It is remarkable that even after achieving this new status and important responsibilities at home andinternationally they openly humbled themselves to God. They have also continued to be humblethemselves and to subject themselves to the ICC where they could become the subject of ridicule and embarrassment without recourse because the dock does not invite respect and sensitivity. It has beensaid that some of the witnesses were bribed and may tell falsehoods against them. It has also been said that the ICC is serving the political interests of some drivers and are therefore not pursuing justice.

The position of the Head of State and the Commander in Chief of the Armed forces are very important inany country and Kenya is no exception; this is not a Person to be exposed to chance and hope that thoserelating to him will observe protocol. He is to be protected from all visible, perceived and probablethreats and allowed the flexibility to maneuver as he keeps awake to various situations affecting theNation and responds to them from whatever vantage point he finds appropriate. This is as it should befor all Heads of State.

It is worth noting that in July 2011, Prime Minister David Cameron cut short his visit to Africa by aroundseven hours to allow himself time to prepare to address MPs about the fast-developing phone-hackingscandal (The Independent Monday 18 July 2011)

In December 2012, with a yearend deadline looming before the economy going over the so-called fiscalcliff, President Barrack Obama cut short his traditional Christmas holiday in Hawaii.(ASSOCIATED PRESS Wednesday, December26, 2012)In July 2009 Chancellor Merkel cut short an Afghanistan troop visit (DW, 2009).

These are but a few examples of the extreme freedom that Heads of states, without exception, need torespond to the constantly changing situations in their countries and discharge their duties effectively.

The processes at the ICC and the decisions of our International community friends, who intend topromote the interest of the Kenyan People, should be informed by the events in Nairobi since theelection and the statement by Kenyans in regard to the responsibilities of President Uhuru Kenyatta and Deputy President Ruto, through a democratic process. Perhaps this would be a more reliable revelationof the correct position.

Requiring the President and his Deputy to shelve their status , even for the shortest period, while in thehands of the ICC is equal to temporarily relinquishing their constitutional position in Kenya and exposingthemselves, and the Kenyan Nation, to unknown situations and circumstances and isolating themselves from the Kenyan people.

This would obviously be the first time a Head of state surrenders his power and effectively leaves his country in a situation where he cannot exercise his executive powers, and invites a situation whereignorant or ill intentioned persons may deny him the freedom to serve the Nation for whatever reason.

Is this a position that the International community and friends of Kenya wish to see Kenya in?

Is this a position that Kenyans want to be in?Some people have said that old scores are being settled. Could this be true and who are involved?

The President and the Deputy President committed themselves to protect all Kenyans and uphold theConstitution of Kenya for the Kenyans. What did Kenyans commit themselves to do in regard to the wellbeing of their President, Deputy President and their Country?Is Kenya sleepwalking into a trap?

KENYA: LUOS CASTIGATED FOR DEMANDING HANDOUTS

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To: “jaluo@jaluo.com”

By Agwanda Saye

Proffesor Peter Wanyande who is a Commissioner at the Commission on Implementation of the Constitution has censured the people of Nyanza for depending on handouts too much and wondered whether people don’t want to work or that they shun certain types of works.

Wanyande added that the new constitution ensures that resources are devolved to the counties hence the need to shun handouts

He said that Nyanza region is well endowed in human resources hence the need for the local people to work even harder.

Wanyande said the former Nyanza province is rich resources.

Many people in the region have gone to schools.

He said the people of Nyanza should now have a change of attitude and move away from handouts.

He said the region is still classified as among the poorest despite the inherent resources.

Wanyande who was speaking at a public lecture which was organized by the catholic University in Kisumu said that youths should take advantage of the new devolved government and empower themselves.

The don indicated that counties will be more resources depending on how they manage the already given ones.

Wanyande said that proper usage of the resources would guarantee more when funds are again disbursed.

He said the constitution facilities change of attitude towards work.

Wanyande said that they have gone to court in order protest against the CDF Act.

He said there are safeguards which prevents mps from making unnecessary amendments to the new constitution.

Wanyande said that the current constitution takes care of all aspects of life including gender and the youth.

He said marginalized groups are also taken care of.

He said Kenyans must have a change of mind set

.Wanyande said the new constitution has what makes people change.

He devolved systems would lead to competition for resources from the centre.

Wanyande said region should not overlook certain aspects.

He said when you don’t elect women then they are nominated to satisfy the two third rule.

Wanyande said the constitution recognizes both the county and national government.

Ends.