Category Archives: Holand

ICC orders Kenya to report on Uhuru wealth

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From: maina ndiritu

I have a feeling this matter is going to drag the presidents case , Bensouda seems to believe that her case maybe strengthened by such financial details … but her strengthening does not in any way point to information in the financial records but the elongation of the trial , I can assure you the main contest of the day will be whether the financial details are true or not and as long as she can prolong the case perhaps over a period of two years …. in her books and those of her co-conspirators she will be confident that she did her best irrespective of the inevitable outcome
http://www.nation.co.ke/news/politics/ICC-orders-Kenya-to-report-on-Uhuru-wealth/-/1064/2282698/-/6xqdrdz/-/index.html

World & Kenya: ICC to terminate President UHURU KENYATTA’s case

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From: maina ndiritu

Tuesday February 11, 2014 – The International Criminal Court (ICC) will terminate cases facing President Uhuru Kenyatta before the end of this month, a senior official of the ICC has exclusively said According to the official, the judges at the ICC held a brainstorming meeting on Saturday where they resolved to terminate the case facing Uhuru Kenyatta on technical grounds.

The judges argued that the Office of the ICC Prosecutor, Fatou Bensouda, did not convince the judges on why Uhuru’s case at the ICC should be adjourned indefinitely until the Kenyan Government agrees to give the, his financial details.

They said they cannot hold Uhuru Kenyatta hostage because the Kenyan Government and Uhuru Kenyatta are two different parties in the case.

“Uhuru is sued by the ICC as an individual and the Kenyan Government is another entity,” one of the ICC judges said.

The session was a closed door affair and only Bensouda and victim’s lawyers were allowed to enter.

The ICC judges are now waiting for Kenya’s Attorney General, Prof Githu Muigai, who will brief them on the Government position regarding the ICC cases facing Uhuru and his Deputy, William Ruto.

After Githu Muigai’s briefing, the judges will wait for another 14 days where they will officially terminate Uhuru’s case under the Procedures and Rules of the Rome Statute.

DRC; ICC: Q&A – – Hearing to Confirm the Charges Against Bosco Ntaganda at the International Criminal Court

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From: Abdalah Hamis

On February 10, 2014, the judges of the International Criminal Court (ICC) will hear evidence against Bosco Ntaganda, a rebel leader from the Democratic Republic of Congo, in a short hearing to determine whether the case against him should proceed to trial.

Ntaganda has been implicated in grave crimes in eastern Congo over the past decade, but managed to avoid arrest for almost seven years after the ICC issued its first arrest warrant for him in 2006. His long record of involvement with a succession of armed groups responsible for killings, rapes and other atrocities had made him a symbol of the impunity for grave abuses that has plagued eastern Congo. Having Ntaganda finally face justice is a momentous development for accountability in Congo and for the victims and rights advocates who worked over the years seeking his arrest.

The hearing for Ntaganda underscores the vital role of the ICC in ensuring accountability for grave international crimes when national courts are unwilling or unable to do so. Over the past year, some African governments and the African Union have criticized the ICC, calling on African member countries not to cooperate with the court and seeking immunity from prosecution for heads of state. Amidst this, the Ntaganda hearing is a powerful reminder that the ICC is often the only hope for justice when impunity prevails at the national level.

1. Who is Bosco Ntaganda?

2. What are the ICC charges against Ntaganda?

3. What happened in Ituri?

4. How did the ICC gain custody of Ntaganda?

5. What will happen at the February hearing?

6. What rights does Ntaganda have during the hearing?

7. Can victims participate in the hearing?

8. Who is paying for Ntaganda’s lawyer?

9. What happens after the February hearing?

10. Is the ICC prosecuting Ntaganda for crimes committed after 2003?

11. Why the delay in bringing Ntaganda to the ICC?

12. Didn’t past pressure to arrest Ntaganda encourage him to start a new war in North Kivu province?

13. How will people in Congo follow the proceedings in The Hague?

14. What else is the ICC doing in Congo? What more should it do?

1. Who is Bosco Ntaganda?

Bosco Ntaganda is a rebel leader who has been active in various armed groups in eastern Congo since the late 1990s. For several years, he also served as a general in the Congolese army. He has been sought by the International Criminal Court for war crimes since 2006.

Ntaganda was born in 1973 in Kinigi, Rwanda. He fled to Congo as a young teenager amid attacks on ethnic Tutsi in Rwanda. He began his military career in 1990 in the Rwandan Patriotic Front (RPF), a Rwandan rebel group based in Uganda; the RPF went on to stop the Rwandan genocide in 1994 and formed the government that is still in power in Rwanda today. Ntaganda then joined the new Rwandan army and participated in the Rwandan military invasion of Congo in 1996. In 1998, during the “Second Congo War,” he joined a Congolese rebel group backed by Rwanda, the Rally for Congolese Democracy (RCD). He subsequently moved among various Congolese militias before joining the Union of Congolese Patriots (UPC) in 2002. The UPC was an armed group that purported to further the interests of the Hema ethnic group in the Ituri district of north-eastern Congo.

From 2002 to 2005, Ntaganda served as chief of military operations under the UPC’s leader, Thomas Lubanga. During that period, forces under Ntaganda’s command were implicated in many serious human rights abuses, including ethnic massacres, torture, rape and the widespread recruitment of children, some as young as 7. Lubanga was the first person to go to trial before the ICC. He wasconvicted in 2012 for recruiting and using child soldiers in Ituri and sentenced to 14 years in prison. Ntaganda was the co-accused in that case but managed to elude justice until he surrendered in 2013. During that time, he continued to lead troops responsible for grave abuses and received significant support from backers in the Rwandan military.

2. What are the ICC charges against Ntaganda?

In the first ICC arrest warrant in August 2006, Ntaganda, like Lubanga, was charged with the war crimes of enlisting and conscripting children under 15 as soldiers and using them to participate actively in hostilities in the context of the armed conflict in Ituri in 2002 and 2003. The ICC issued a second arrest warrant against Ntaganda in July 2012, with four additional counts of war crimes and three counts of crimes against humanity, including charges of murder, attacks against the civilian population, rape and sexual slavery, pillaging, and persecution, all allegedly committed during the Ituri conflict in 2002 and 2003.

The second arrest warrant addressed concerns expressed by Congolese activists and Human Rights Watch about the narrow scope of the charges initially brought against Lubanga and Ntaganda. The expanded set of charges is more representative of the range of grave crimes allegedly committed by the UPC in Ituri. The additional charges are important in bringing justice to the victims of these further crimes, who belong predominantly to the Lendu ethnic group, and enabling them to participate in proceedings at the ICC. This had not been possible in the Lubanga case as the charges were limited to the use of child soldiers by the UPC, most of whom were from the Hema ethnic group. However, the additional charges do not cover crimes committed in North Kivu province since 2006.

3. What happened in Ituri?

Ituri district has been one of the worst affected areas in eastern Congo’s prolonged conflict. Localized fighting between Hema and Lendu ethnic groups that began in 1999 over land disputes expanded after Ugandan military forces backed Congolese armed groups. As the conflict spiralled and armed groups multiplied, more than 60,000 civilians died. Competition for the region’s lucrative gold mines and trading routes was a major contributing factor to the fighting. Foreign armies and local militia groups fought each other and committed numerous abuses, often targeting civilians. Armed groups, such as Ntaganda’s UPC, carried out widespread ethnic killings, torture and rape.

Human Rights Watch documented in depth serious human rights abuses in Ituri in the early 2000s, including in three detailed reports in 2001, 2003 and 2005. While the situation has become significantly more stable in recent years, armed groups are still active in some parts of Ituri.

4. How did the ICC gain custody of Ntaganda?

Ntaganda is the first accused to surrender voluntarily to the ICC. In a surprising twist of events, on March 18, 2013, he turned himself in to the United States embassy in Kigali, Rwanda, and asked to be transferred to The Hague. His motives remain unclear. Prior to his surrender, there had been clashes between two factions of his most recent armed group, the M23, in eastern Congo. The faction opposed to Ntaganda had gained the upper hand. This may have prompted Ntaganda to flee Congo. Ntaganda may also have lost the support of his Rwandan backers, leading him to fear for his life and to surrender.

Cooperation by the United States – although not an ICC member country – was critical to enable the prompt and efficient transfer of Ntaganda to the ICC, on March 22, 2013. Cooperation by Rwanda and Congo, which did not oppose the transfer, also helped facilitate it.

5. What will happen at the February hearing?

The hearing to confirm the charges against Ntaganda is not a trial. It will allow the judges of pre-trial chamber II to evaluate whether the prosecution has enough evidence to move ahead with a trial on the charges cited. The prosecution need not present all of its evidence at this stage but enough to satisfy the judges that there are “substantial grounds to believe” that Ntaganda committed the crimes alleged. This is a higher burden than the “reasonable grounds to believe” standard used by the chamber when issuing arrest warrants.

Ntaganda, through his defense counsel, can object to the charges, challenge the prosecution’s evidence, and put forward his own evidence. However, the hearing is not aimed at determining guilt or innocence.

The pre-trial chamber has indicated that the hearing will start on February 10. It was initially scheduled to start on September 26, 2013 but was postponed at the request of the Office of the Prosecutor to allow more time to prepare the case, as it had been dormant for several years.

6. What rights does Ntaganda have during the hearing?

Ntaganda’s rights during this hearing are similar to his rights during the trial. He is presumed innocent until proven guilty and is entitled to a fair and expeditious hearing, conducted impartially.

In advance of the hearing, Ntaganda has been provided with a document containing the charges sought by the prosecutor, as well as a list of the evidence the prosecutor intends to rely on at the hearing.

The disclosure of this evidence, as required by the Rome Statute, the ICC’s founding treaty, has been on-going for several months. In recent filings, Ntaganda’s defense lawyers raised concerns about delays in the disclosure process and about the prosecution’s inability to disclose 116 documents containing exculpatory information. In the case against Lubanga (Ntaganda’s co-accused), proceedings were halted twice because of difficulties related to the disclosure of evidence collected by the Office of the Prosecutor under confidentiality agreements with the sources.

In accordance with the Rome Statute, Ntaganda is entitled to have the proceedings held in a language he fully understands and speaks. During his initial appearance before the court, he indicated that he “understands French somewhat… but speaks Kinyarwanda fluently.” Balancing issues of fairness and potential costs and delays incurred through extensive translations, the pre-trial chamber has decided to allow the translation into Kinyarwanda of documents considered central and material to the preparation of Ntaganda’sdefense.

7. Can victims participate in the hearing?

Under the Rome Statute, and for the first time before an international criminal tribunal, victims of the alleged crimes can participate as an independent party to the proceedings. This is an important feature of the ICC that can contribute to bridging the gap between victims and a court located thousands of kilometres away from where the crimes were committed. As participants, victims can go beyond appearing as witnesses for the Office of the Prosecutor and can present their views and concerns.

The court has agreed that 922 victims can participate in Ntaganda’s confirmation of charges hearing. These victims are separated by the court into two distinct groups: one group consists of 97 former UPC child soldiers and their relatives; and the other consists of 825 victims of UPC attacks and their relatives. Each group will be represented at the hearing by a common legal representative from the ICC’s Office of Public Counsel for Victims (OPCV). An assistant counsel will be based in Congo. The creation of two distinct groups follows concerns expressed by victim applicants that victims of Hema ethnicity (the ethnic group purportedly represented by the UPC), on the one hand, and Lendu and other non-Hema victims, on the other, might have diverging interests in this case.

The common legal representatives of the victims are expected to make opening and closing statements at the hearing and to seek permission to make oral and written submissions to the chambers.

8. Who is paying for Ntaganda’s lawyer?

Under the Rome Statute, a defendant has the right to legal counsel during criminal proceedings and is entitled to financial assistance from the court if they cannot afford a lawyer. Ntaganda’s lead counsel is Marc Desalliers, an experienced international criminal lawyer who was also part of Lubanga’s defense team.

Ntaganda has declared to the court that he is indigent and cannot pay for his legal representation. The registrar of the ICC, the court’s chief administrator, has granted him provisional legal aid during the pre-trial phase. However, this decision can be reversed at any time if the financial investigation conducted by the registrar shows that he can bear the costs of his legal defense.

Concerned countries should cooperate with the ICC in its efforts to identify a suspect’s assets and to seize them if the court asks them to. Establishing an accurate assessment of Ntaganda’s resources is also in the interest of victims who are seeking reparations. Ntaganda is believed to have amassed considerable wealth during his time as rebel leader and army general in eastern Congo, notably through seizing control of fertile land and cattle, and looting and trafficking minerals.

9. What happens after the February hearing?

After the hearing, the judges of pre-trial chamber II will have 60 days to provide a written decision. If the chamber decides that there are “substantial grounds to believe” that Ntaganda committed the alleged crimes, the charges will be confirmed and the case will proceed to trial.

If the judges decide that there is not enough evidence to confirm some or all of the charges, the prosecutor can submit additional evidence and request a new confirmation of charges hearing.

The judges could also adjourn the hearing and ask the prosecution to consider providing more evidence or conducting further investigations in relation to a particular charge. In addition, they could ask the prosecutor to consider amending a charge if it appears that the evidence presented establishes a different crime.

10. Is the ICC prosecuting Ntaganda for crimes committed after 2003?

In 2006, after leaving the UPC following internal disputes, Ntaganda moved to North Kivu in eastern Congo and remained there until he surrendered in 2013. During this period, Human Rights Watchdocumented ethnic massacres, killings, rape, torture and recruitment of child soldiers by armed groups or army units under Ntaganda’s command.

None of the grave crimes allegedly committed in North Kivu province are covered in the current ICC case against Ntaganda, which focuses solely on alleged crimes in Ituri. At this stage of the proceedings, and given time and resource constraints, it is unlikely that the ICC prosecutor will add further charges relating to crimes in North Kivu province in this case.

It is regrettable that the prosecution’s case does not more fully address the range of crimes allegedly committed by troops under Ntaganda’s command. As a result of this limited focus, many atrocities in North Kivu and South Kivu provinces remain largely unaddressed, both at the ICC and before national courts in Congo. The ICC prosecutor should investigate those most responsible for these grave crimes, including high-level military and political officials who backed militias there, including Ntaganda’s. Rebel and Congolese army commanders implicated in grave crimes who are not being sought by the ICC should be promptly investigated at the national level by Congolese judicial authorities.

Abuses carried out under Ntaganda’s command in North Kivu province

In 2006, Ntaganda became military chief of staff of the National Congress for the Defense of the People (Congrès national pour la défense du peuple – CNDP), a Tutsi-led rebel group in the province of North Kivu, backed by Rwanda. Among other grave abuses, CNDP troops under Ntaganda’s command massacred an estimated 150 people in the town of Kiwanja. Ntaganda was present at the time according to video footage filmed by foreign journalists.

In early 2009, the Rwandan and Congolese governments reached an agreement: in exchange for Rwanda’s assistance in ending the CNDP rebellion and putting its leader, Laurent Nkunda, under house arrest, the Congolese government integrated CNDP fighters into the Congolese army and made Ntaganda a general and deputy commander of military operations in eastern Congo. This was despite the ICC arrest warrant against him and the Congolese government’s legal obligation to arrest him.

Ntaganda later became acting commander of military operations and used his position to create a parallel command structure in the Congolese army, with former CNDP soldiers who remained loyal to him. Army troops under Ntaganda’s command carried out numerous attacks on civilians, including killings, rapes and burning homes. In 2009 alone, Human Rights Watch documented the killings of more than 730 civilians by Congolese army soldiers and their allies during military operations against the Democratic Forces for the Liberation of Rwanda (Forces Démocratiques de Libération du Rwanda, or FDLR), a largely Rwandan Hutu armed group, some of whose members participated in the 1994 genocide in Rwanda. Most of these killings were carried out by former CNDP troops under Ntaganda’s command.

In one incident between April 27 and 30, 2009, Congolese soldiers attacked camps in the Shalio Hill area and killed at least 129 Rwandan Hutu refugees, mostly women and children. During the same incident, soldiers abducted at least 40 refugee women and girls, held them as sexual slaves, gang-raped and mutilated them.

From 2009 to 2011, Ntaganda led a brutal campaign against perceived military and civilian opponents, allegedly ordering assassinations, arbitrary arrests, and other unlawful acts. He recruited child soldiers and thwarted efforts to demobilize them. He blocked judicial investigations into abuses committed by those loyal to him and used his influence in the military to confiscate land and increase his wealth.

In April 2012, after the Congolese government signalled it would seek to arrest Ntaganda and break up the parallel command structure in the army, Ntaganda and those loyal to him defected and formed a new rebel group, the M23, named after the March 23, 2009 peace accord between the government and the CNDP. M23 fighters in turn committed numerous grave abuses, including summary executions, rape, and recruitment of child soldiers.

11. Why the delay in bringing Ntaganda to the ICC?

The ICC does not have its own police force and relies on the cooperation of governments to carry out its arrest warrants.

In the period following the first ICC arrest warrant against Ntaganda, in 2006, Ntaganda’s then-rebel group, the CNDP, was in a strong position: it controlled significant territory in North Kivu and militarily repulsed the Congolese army several times. In May 2007, the Congolese president, Joseph Kabila, confidentially requested assistance from the United Nations peacekeeping mission in Congo (MONUC, since renamed MONUSCO) in arresting Ntaganda, but no further progress was made.

In 2009, President Kabila integrated Ntaganda into the army and declared that “now was the time for peace, not the time for justice.” He claimed that Ntaganda was an essential component for stability in eastern Congo. Congolese nongovernmental organizations denounced the deal and called on Kabila to arrest, rather than reward, Ntaganda. Human Rights Watch also called repeatedly for Ntaganda’s arrestand for the Congolese government to fulfil its legal obligations under the Rome Statute.

Over the past decade, the Congolese government has repeatedly integrated known human rights violators into the army as a short-term means to end rebellions. Instead of bringing durable peace, this has fostered a climate of impunity that encouraged, rather than deterred, further abuses.

12. Didn’t past pressure to arrest Ntaganda encourage him to start a new war in North Kivu province?

In April 2012, President Kabila indicated he was prepared to arrest Ntaganda. That, together with the ICC conviction of Lubanga in March 2012, may have been a factor in prompting Ntaganda and soldiers loyal to him to mutiny. Some Congolese officials and commentators have said they believed that it was the insistence on justice that led to the creation of the M23 and a renewed round of fighting in eastern Congo in 2012.

This interpretation overlooks important facts. It is the lack of justice – not efforts to bring abusers to justice – that has encouraged cycles of violence in eastern Congo over the past two decades. Military commanders such as Ntaganda have seen time and again that there was no price to pay for atrocities against civilians. On the contrary, those implicated in grave abuses were routinely rewarded through integration into the Congolese army. This, in turn, encouraged the emergence of numerous new armed groups, many of which have engaged in similar abuses.

Ntaganda was never an “instrument of peace,” as the Congolese government claimed. Soldiers under Ntaganda’s control carried out abuses even after Ntaganda was made a general in the Congolese army. Ntaganda was also implicated in targeted killings, enforced disappearances and arbitrary detention of people who called for his arrest or denounced alleged abuses until he eventually fled Congo and surrendered.

13. How will people in Congo follow the proceedings in The Hague?

The opening of proceedings against Ntaganda at the ICC bears great significance for the thousands of people across eastern Congo who have suffered, witnessed, or documented abuses by troops under his command. It also sends a strong warning to other abusive commanders still active in Congo.

However, the ICC is located far from the locations of Ntaganda’s alleged crimes. The court faces the challenge of making sure that its proceedings are meaningful for the Congolese people most affected by these crimes and that victims are informed of their rights.

Since 2004, the ICC’s Public Information and Documentation Section has worked to ensure that information about ICC proceedings reaches affected communities in Congo, as well as journalists, human rights activists, lawyers and judicial staff.

The court should make every effort to ensure that information about the hearing against Ntaganda is widely transmitted. It should consider holding a live screening of the hearing’s opening statements in Bunia, the capital of Ituri, where the crimes occurred. This could be followed by a discussion with ICC staff, who could answer questions from the public. As radio is the principal form of public communication in Congo, ICC staff should also ensure that the most popular national and international radio stations broadcasting in Congo have the necessary information about the hearing to cover it adequately. The ICC regularly produces audio and video summaries of court proceedings. Such a summary of the confirmation of charges hearing could be widely distributed and discussed in Ituri and elsewhere, in events organized by ICC staff.

14. What else is the ICC doing in Congo? What more should it do?

The ICC prosecutor has initiated public cases against six suspects in relation to alleged crimes committed in Congo. These include four military commanders accused of crimes in Ituri – Lubanga, Ntaganda, Germain Katanga and Mathieu Ngudjolo – and two FDLR leaders implicated in serious crimes in North Kivu and South Kivu provinces. Callixte Mbarushimana, the executive secretary of the FDLR, was arrested in France in October 2010 on an ICC arrest warrant, but pre-trial judges declined to confirm the charges against him for lack of sufficient evidence. He was released in December 2011. Gen. Sylvestre Mudacumura, the FDLR’s military commander, is still in Congo, evading justice.

Overall, however, the number and stature of Congo-related cases before the ICC do not address the scale of the crimes committed since 2002 (the year as of which the ICC has jurisdiction.).

Human Rights Watch has repeatedly called on the ICC Office of the Prosecutor to explore the regional dimension of the conflict in Congo, notably by investigating the role of senior political and military officials in Congo, Rwanda, and Uganda who supported, armed, and financed abusive armed groups in eastern Congo over the years. For example, in 2012 and 2013, Human Rights Watch documentedRwandan support to Ntaganda’s M23 rebellion, which was reminiscent of Rwandan support to previous abusive Congolese armed groups, including the CNDP and the UPC. Human Rights Watch has also called on the ICC prosecutor to investigate alleged crimes by the Congolese army and, evidence permitting, to prosecute those most responsible. These steps are crucial for the ICC to make a meaningful contribution to justice in Congo.

While we recognize that the ICC is investigating international crimes in seven other countries, and may lack the resources to take on additional Congo cases at this time, the ICC prosecutor should publicly express her intention to continue the work in Congo in the coming years. The court in turn needs strong, long-term support from ICC member countries, which should commit to allocating sufficient resources to meaningfully address these and other country situations within its mandate.

From its inception, the ICC was never intended, and does not have the capability, to investigate and prosecute all those responsible for grave international crimes in Congo. Under the “complementarity” principle in the Rome Statute, national authorities retain the primary responsibility to bring those responsible for war crimes, crimes against humanity, and genocide to account. To strengthen the capacity of Congolese national courts to hear these cases, the Congolese government has drafted legislation to establish “specialized mixed chambers” within the Congolese judicial system, which would be entrusted exclusively to deal with war crimes, crimes against humanity, and genocide and would include national and international staff.

THE INTERNATIONAL CRIMINAL COURT SHOULD GIVE THE PROSECUTOR A CHANCE TO USE ANOTHER PART B

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From: Nyambok, Thomas
To: “jaluo@jaluo.com”

The witnesses have been compromised by an exchange with money, threats, and by killing them in order to shield the truth.

Ms. Bensouda will now use the outcome from the recommends from Commission chapter contains the Commission’s recommendations that relate to the State of Security Agencies and to issues of impunity. The discussion, findings, and conclusion that the recommendations are based upon are fully laid out in the preceeding chapters.

[ . . . ]

Read or d/l more; (.docx file, 25KB)

KENYAN SITTING PRESIDENT AND HIS DEPUTY REQUESTS EXCUSAL FROM PHYSICALLY ATTENDING INTERNATIONAL CRIMINAL COURT

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From: Nyambok, Thomas
To: “jaluo@jaluo.com”

Mr. Uhuru Kenyatta will attend his trial physically present at the trial.

The Deputy President argues that as he is the second commander after President Uhuru Kenyatta, he is mandated to perform various functions in running the affairs of the country and therefore qualifies for excusal from attending his trial at The Hague.

These people have messed Kenyans up. They were warned earlier before the campaign started and also before the voting day. They were asked how they planned to manage running the Government and the Country if they won.

Their reply was as simple as such that they know. That they will use the digital hand held electronic gadgets through the satellite system from The Hague. What is going on now with the system. Each of them will face the trial physically and in person at the trial at the ICC at The Hague.

PRESIDENT UHURU KENYATTA’S TRIAL DAYS AND TIMES

The President’s Schedule time and days will be very tight that he will not have any chance to get back to Kenya as the Deputy President did. Kenyatta’s trial will start from Monday at 9:00am to 12:00pm, brake for one and a half hours then get back to court at 1:30pm and brake for the day at 5:30pm from Monday to Friday for a period of one month at The Hague.

During those days the Deputy shall enjoy the highest rank and the red carpet before the Chief Commander gets back to the office. There shall be seriousness in the ICC business no matter what. No time shall be wasted as before because the two gentlemen are trying to be smarter than the ICC Judges. They will tell the World how the two former Presidents performed the rigged election that brought the two genocide. Kenyans can still do without one of the leaders at time.

KENYANS NEED MEN AND WOMEN WHO CAN’T BE BOUGHT OR SOLD. KENYANS need courageous Men and Women who are committed to the truth, and who cannot be bought or sold by the money from the red briefcases that come from Kabarak Home or from Kabarak Kibera gardens and also from State House Nairobi.

Kenyans don’t want the people’s house (The State House Nairobi) to be occupied by Presidents who are Alcoholics like the former President Mwai Kibaki. He slept on his two ears while genocide was being executed.

Kenyans are experiencing another Occupant of the people’s house, where the President feels free to be an Alcoholic just as the former President Kibaki was.

Kenyans would like to know more about the former President Mr. Toroitich Arap Moi’s conducts when he was at the people house.

The world and the people thanked Mrs. Grace Michel Mandela for their marriage that was done officially during the broad day light but Kenyans are wondering about the Former President of the Republic of Kenya Mr. Toroitich Arap Moi. There is wonder why Mama Ngina Kenyatta is very close with Mr. Moi since the death of her husband who was the first President of Kenya – Jomo Kenyatta. What is the main reason why Mr. Moi really wanted to install Uhuru Kenyatta as president of Kenya by all means? Uhuru Kenyatta is Mama Ngina’s son.

GO TO THE HAGUE: Kenyans can’t even differentiate when Uhuru Kenyatta or his Deputy William Ruto is in the Country or out of the Country.

There are two former Presidents and some individuals who committed international crimes and whom their names have not been quoted for prosecution on the genocide cases at the international criminal courts. These individuals are shielded from facing justice and that those hauled before the ICC are mere sacrificial lambs purported to have been politically involved in the Kenyan genocides. MOI and KIBAKI together with their administration must face the law at ICC.

The Kenya government and the Jubilee Administration must tell Kenyans why the Westgate mall terrorists left early before 2:00pm through the tunnel under West Gate Mall. Four of them disappeared. The government is now looking for scapegoats to put in custody in their stead.

The former President Mr. Arap Moi, Bewatt and some of the Kanu Administration who killed Dr. Robert Ouko Seda mysteriously will soon be called to the courts of law while they are still alive. Let the law that God gave Mosses be used with discipline. We have been waiting for the goons to be taken to courts of law but nothing has come up so far. Very soon, Kenyans will be going to be on the streets demanding justice for the innocent dead.

KENYA GOVERNMENT must tell Kenyans about the outcome of the former Vice President Professor Saitoti’s death because he was supposed to die previously in Mombasa through the lethal spray on his bed linen. He had to die in order to pave way for Uhuru Kenyatta to succeed Kibaki. Soon Kenyans will be on the streets demanding why these people are getting away with murders. Practical murders in broad day light which they get away with. These people are cold hearted and they do not care. President Uhuru and Ruto should give Kenyans a brake. Let them meet with the Judges at The Hague on a one month rotation – no impunity.

CC. State House

CC. All Kenyans.

Yours, Tom Nyambok

2:00pm 12/20/2013.

Hague conference leaves Kenya between rock and hard place

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From: Gordon Teti

Dear Mr. Peter Kagwanja,

You wrote a very solid piece but messed it up by flushing your entire argument through the toilet when you concluded that “Kenya is between a rock and a hard place, with hard choices to make.” (Daily Nation Kenya:

http://mobile.nation.co.ke/blogs/Hague-conference-leaves-Kenya-between-rock-and-hard-place/-/1949942/2093890/-/format/xhtml/-/fcuk8jz/-/index.html

The trials of Uhuru Kenyatta and William Ruto have everything to do with the Kenyan state and Kenyan people only to the extent that innocent Kenyans were murdered, raped and displaced. It is because of the victims of 2008 genocide in Kenya that the ICC trials is about Kenya and Kenyans. Otherwise, Uhuru Kenyatta was clear during the presidential campaigns that his trial at the ICC is a personal challenge. He should therefore leave Kenya and Kenyans at peace not in pieces when fighting his personal challenges.

Gordon Teti
Toronto, Canada

Kenya: civil society have said they will appeal the consensus decision reached by the Assembly of State Parties (ASP)

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From: maina ndiritu

civil society have said they will appeal the consensus decision reached by the Assembly of State Parties (ASP) members, who allowed President Uhuru Kenyatta and his Deputy, William Ruto, to be excused from their trials at the International Criminal Court (ICC).

Speaking to journalists in Netherlands, United Nations Special Rapportuer, Maina Kiai, civil society representatives, Ken Wafula and Njonjo Mue, said the decision by ASP meeting entrenched inequality and they must appeal the decision.

On her part, Ms Otieno said the decision by the ASP members to excuse Mr Kenyatta and Mr Ruto from trials will pose a great danger to ICC witnesses who many will recant their testimonies.

They said they will file an appeal at the ICC Appeals Chamber to see whether the decision can be reversed so that Uhuru and Ruto can attend their trials in person without sending their lawyers.

On Thursday, ASP members made an amendment of Rule 134 on Rules of Procedure and Evidence which now exempts Uhuru and Ruto from being present at trials and allows use of video link as a substitute for attending court.

This also means that Uhuru and Ruto can be represented in court by their lawyers without necessarily being required to be there in person.

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Why should we not all live in peace and harmony ? we look up the same stars , we are fellow passengers on the same planet and dwell beneath the same sky , what matters it along which road each individual endeavours to reach the ultimate truth ? the riddle of existence is too great that there should be only one road leading us to an answer *
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– QUINTUS AURELIUS SYMMACHUS-
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ICC crippling amendments

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From: PubliceyeT

Amendments to the Rome Statute will cripple the ICC
http://www.publiceyesite.org/blog/?p=21600

It’s my sincere hope that the Twelfth session of 122 nations who are also signatories to the Rome Statute congregating in The Hague will put emphasis on the genesis and intent to the founding of the ICC before they even contemplate any form of amendments majorly pursued by President Uhuru and his deputy.
[ . . . ]
-Joseph Lister Nyaringo- , Hillside, NJ USA

KENYANS NEEDS REPENTANCE

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From: Nyambok, Thomas
Date: Wed, Nov 20, 2013 at 3:01 PM
Subject: KENYANS.docx
To: “jaluo@jaluo.com”

KENYANS: THE SITTING PRESIDENT UHURU KENYATTA WILL NOT GO TO THE HAGUE EASILY COUNT IT ON ME AND KENYA WILL FACE THE WRATH THAT HAS NEVER BEEN SEEN IN AFRICA. AU CANNOT SUSTAIN THE NEEDS OF KENYANS

KENYANS NEEDS REPENTANCE

KENYANS: What would you like to know about your President? Why the president and the jubilee MPs want to frustrate the Media industries? There are so many questions pending that need to be addressed and answered by His Excellency the president of the Republic of Kenya Mr. Uhuru Kenyatta himself.

REMEMBER: That as the Jubilee government and the AU hope for the proposed amendment to the Rome Statute, which established the ICC to block the Kenyan Inductees trial at The Hague. This will not happen and it is foolish, and it makes Africans look foolish.

WARRANT OF AREST: The Kenyan inductees’ warrant of arrest still stands. The Kenyans’ warrants are different from the one of the Sudan’s President El-Bashir because Bashir never went to the ICC to sign any Affidavit for a warrant of arrest in advance in case he failed to appear in court.

UHURU KENYATTA: Kenyatta went to The Hague and agreed with the ICC‘s conditions and signed for the warrant of arrest in advance in case he changed his mind. The President of Sudan El-Bashir did not. With Kenyans cases, they have been trying to avoid going to The Hague. Secondly, the inductees have been abusing the privilege’s that were given to them by the ICC.

As they signed to adhere and abide by the courts orders, if they changed their minds to not attend the courts, then they will be in trouble with the ICC courts, they will be picked up from any country, at any International AirPort without resistance. Note that they all signed and agreed with the condition at The Hague.

JUSTICE FOR THE DEAD: There shall be no healing and reconciliation before delivering justice to the dead and the victims. We must find these rich human beings who turned into goons?

The poor Kenyan citizens and the voters don’t want to bring back the ICC courts to Africa, it will not work for the poor citizens but for the rich goons. The EACJ wouldn’t provide the poor citizens with clear justice. They have never, ever been cohesive mechanisms to deal with cases like those before the ICC today.

THE UNSC’s: The UNSC’s doesn’t work for the EALA members as AU. EAU and Kenya alone proposed the postponement of the ICC cases facing the Kenyans inductees. They will not bring back our dead including children and there will be no justice for the victims as well. The EALA are still sleeping on their ears. We shall let them know that we know more than what they may think they know about the ICC.

Is there any African President who has faced the court of law after they killed innocent citizens like Mr. ARAP MOI and Mr. MWAI KIBAKI? Their administration should face justice. Kenyans must now demand for the previous two Presidents to be taken to courts before they fall sick or die.

KENYANS: Kenyans and the opposition parties should not relent, and they should not give up. Kenyans want all the goons to be in one place. They belong to the jails that are outside of the African continent. Does the EALA know the meaning of the one year deferral of the ICC cases to Africa?

It is just away to start killing innocent Kenyans and to demise with documents and play around with Kenyans intelligence – not again. These African Presidents have misused power. ICC is going nowhere, we fought for it and it must remain in place. AU will get a shock of the2% they are looking up to.

MUNGIKI AND THE GSU AT THE STATE HOUSE NAIROBI GATE “A” ENTRANCE.

These are the people who make Uhuru Kenyatta fear to go to The Hague because the truth is there with all their Identities on board with every thing that should be known. If by any chance he steps in there, he will not be released because he has been the most expensive inductee president in Africa at large.

(A)As far as the State House budget is concerned, how much were they paying Mungiki’s Army per month, per hire or as per individual with different responsibilities? What did it cost to buy the tools, weapons, machetes, arrows and many crude weapons?

The general service unit (GSU) at gate” A’’ at the State House came to set the goons by recording the events they knew. They know everything as they well recorded the Mungiki’s officials. Those who went to State House Nairobi for the strategies to get ready for the rigging matters were not spared. Their pictures, audio and date and time were recorded accordingly.

(B)The world would like to know from His Excellency President Uhuru Kenyatta to address the public personally and clear the air about his sexuality. We need to know if he has ever been part of the homosexuality community before and after being in the United States for further Education.

It is high time he let the truth prevailed about his life in Kenya and in the United States. Kenyans will accept the truth as it is no matter what.

(c) Terrorists invaded Nairobi – Did the President and the Commander of the Armed Forces of Kenya know about the coming of the terrorists to attack Kenyans on the Kenyan soil? He was at home in Kenya at State House Nairobi where he never tried to prevent the killings as it happened. He was in Nairobi, not at The Hague. He was in the capital city of the Republic of Kenya.

Kenyans do not trust their President together with the Jubilee government because Mr. Uhuru’s god father Mr. Arap Moi is still ruling Kenya with dirty games jointly with Mama Ngina Kenyatta.

(D)WHY IS THE SITTING President Uhuru Kenyatta afraid to go to The Hague? Kenyans and the World want to know from Uhuru Kenyatta about his behavior? He likes taking lame excuses about the security of the country yet other dirty things are happening around his leadership now.

Matters are still not coming out clear about his commanding in chief of the armed forces to the country. I propose and recommend that the opposition parties and Kenyans at large take these matters seriously. The inquiry should be instituted to find out who did what and who knew what and when did they know about it and why did they let it get to live killings? The whole West Gate Mall killing was like a clip out of a Will Smith movie.

(E) KENYANS: The sitting president Uhuru Kenyatta will not go to The Hague Courts – count it on me. The truth always set every individual free and if Uhuru Kenyatta is not found guilty then he will be a free man and he will be at Peace. Remember one of my articles I wrote about 13 people who were in the Mwai Kabaki’s administration who should be called to tell the truth because we have the evidence. I said only 10 will be available but now they have started poisoning others who could be helpful to the inquiry as staunch witnesses.

REMEMBER FEW DAYS AGO: Some Kenyan newspapers tried to give the same information I had tried to alert the Kenyan authorities before about the Westgate Mall attack but they never took it seriously, instead it was left for ritual matters. Can Uhuru Kenyatta remove the band marked with the Kenya flag colors around his left hand next to the wristwatch. These are charm matters which will not last.

(F)KENYANS: Do you all know that Mama Ngina Kenyatta and the former President Daniel Arap Moi are working together to make sure that Kenya go back to the old darkness. They will not let Uhuru Kenyatta be prosecuted at The Hague’s courts no matter what and a good man must have a wife next to him – isn’t it?

(G) Westgate mall becomes the ritual set up for the Jubilee and KANU government to proceed with the ruling? Remember the Westgate scandal has come to be the ICC matter for deferring the cases back to Kenya? How many African presidents have ever been taken to Courts of Law in their own county? The AU is making a big mistake for the deferral matters. As far as we know, it will not work and again ICC is not a market you walk in as you may – it is the Worlds’ justice Court for the Dead and the Victims.

(H)THE IDPs: The timing is not right for giving Land title deeds in Rift Valley while the ICC Court is still in its initial process. The reconciliation should be done by Kenyans through referendum. There is still tension and fear because there is nothing binding the IDPs and other victims. You can’t live in Peace with a neighbor who lost his wife, children, husband and members of their families while in the same neighborhood, other people never did because they were protected. The MPs, the voters and the Churches must come together for repentance, and cleansing by prayers (Gods Prayers and repentance)

(I)Why were the police officers transferred after the Westgate footage was being asked about the truth from the government? President Kenyatta authorized Police Chief to be in commanding before the Army Commander Come on board.

His Excellency the President did a good job to have commanded the head of police forces to be in command, but unfortunately, the president never thought about the Army commander with his commandos coming on board, the two could not work together. The President could have advised all forces to meet and agree on the best strategy that would make them succeed.

There were no consultations on the ground unfortunately. That is why the forces killed one another, there was no ground communication.

I wish Mr. Ruto would know that to resign from the office asap would pave him a way for a better future without going through chest thumping because he still has a string on his neck no matter what.

Uhuru Kenyatta had their own strategy with Kibaki’ administration at the State House and that was their secrete for fixing Ruto. Ruto also had his own strategies that brought Kenya to where it is today. If I were Mr. Ruto, I would live the office and continue with the ICC cases. After that, Kenyans may realize that he is a great man worth being the future president of Kenya with good leadership.

I would wish that Uhuru Kenyatta resigns from the office too asap with honor to become an ordinary Kenyan. It will give him enough time to deal with ICC cases and clear his name first.

INDEED: MOI, KIBAKI, UHURU AND BIWATT – ARE THE ENGINEERS OF KENYAN GENOCIDE TOGETHER WITH THEIR ADMINISTRATION – THERE IS ENOUGH EVIDENCE.

Cc. State House Nairobi
Cc. Kenyan Embassy US.
Cc. All Kenyans in the World.

Thanks Yours: Tom Nyambok
11/20/2013 200:00pm

KENYA: WHY AMINA’S PUSH TO SAVE UHURU FROM ICC IS DOOMED TO FAIL

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From: Ouko joachim omolo
The News Dispatch with Omolo Beste
MONDAY, NOVEMBER 18, 2013

Fred from Molo would like to know whether Foreign Affairs Cabinet Secretary Amina Mohamed will this time succeed in her lobby mission to push for amendment of the Rome Statutes to provide for immunity from prosecution to sitting heads of state and government.

She says AU was confident of garnering the support of a two-thirds majority of the states’ parties necessary to effect the amendment in the interest of peace and reconciliation in Kenya.

Fred I don’t think this is going to be possible to get two thirds support given that nine of the African states supporting the amendments may be blocked from voting as they are in arrears of the ICC court’s budget.

Nine out of its 122 members are in arrears and will therefore lose their voting rights at the Assembly of State Parties meeting to be held in The Hague November 20, 2013. Only 34 countries from Africa are members of the court.

According to financial report as of September 13, 2013, many African countries are heavily indebted to the court. They include Tanzania, Senegal, Niger, Ghana, Gabon, Djibouti, Comoros, Guinea and Liberia.

Since Kenya is heavily counting on African countries to push through amendments to Article 27 to grant immunity to sitting heads of governments, this mission is almost impossible.

According to article 112, paragraph 8 of the Rome Statute, “a State Party which is in arrears in the payment of its financial contributions toward the costs of the Court shall have no vote in the Assembly and in the Bureau if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years.”

Assuming all 122 members will be present at The Hague, Kenya will need 81 members to support its proposed amendments. With 34 African states supporting, Kenya will be forced to look out for another 47 states to support its proposals which is not going to be easy.

If the eight African countries are barred from voting due to their indebtedness, Kenya will need to get the support of 56 other countries to meet the requisite support from 81 members’ states for any of the proposed amendments to succeed, which is still not going to be as possible as that.

In Kenya, the ICC case was taken up when the government failed to meet a deadline to establish a domestic tribunal to try suspected perpetrators of the 2007 post-election violence.

The AU has asked its members who are parties to the ICC to push for an amendment to the Rome Statute — the 1998 treaty that established the tribunal — that would bar heads of state from being tried during their terms in office.

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: Why Is Uhuru Doggedly Pursuing ICC Deferral?

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From: Samuel Omwenga

Former president Mwai Kibaki flagged off the first shuttle diplomacy in early 2011 intended to have the Kenyan ICC cases deferred.

These efforts were led by now former vice president Kalonzo Musyoka and as we know, the efforts failed.

That was Round I.

Round II got underway a few months ago this time flagged off by President Uhuru Kenyatta but headed by Cabinet Secretary for Foreign Affairs Amina Mohamed, an accomplished career diplomat before assuming the portfolio unlike Kalonzo who mostly learned the intricacies of the trade on the job as minister for foreign affairs, save for a stint as a participant in the Sudan peace process.

With her background, and in particular Amina having worked at the UN Security Council as Legal Advisor, it was expected that a different outcome would yield to this second effort to obtain a deferral.

Unfortunately–or fortunately, depending on who’s talking, Amina’s efforts to secure a deferral, too, have not been successful on a very interesting UNSC vote: 7 members voted in the affirmative, 8, including the US, abstained.

I mention the US by name because if Kenya or any country seeking a deferral were to succeed, they must have the US on their side.

France and Britain will always follow the US lead and vote accordingly; Russia and China, the other two permanent members of the council with veto power will usually go along unless it’s something that directly or indirectly threatens their strategic and business interests.

The rest of the 15 member states of the UNSC will usually follow whichever country they have closer strategic ties with among the permanent members.

One needs the support of 9 members of the 15 UNSC members to have a resolution passed but only if no member with veto power votes no.

With the US having always taken a very hostile stance against anything favoring the Ocampo Six and and now Bensouda 3, it was inevitable even our fine and accomplished Amina could not pull this one to the win column but the potential was and still remains there; well some aspect of it as I noted in my Star column this week.

Why then, even against these odds, does Kenya continue to pursue the deferral and/or termination of these cases?

I have my theories and think I know to near certainty but let me keep those to myself for now as I hear what others have to say.

I will say by way of hinting it can’t be for naught neither is it an exercise in futility nor one being naively pursued.

In my column this weekend, I’ll address part of this question and provide a complete analysis in a future column.

Peace, Unity and Truth
Omwenga

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ICC judge tells Germany that UHURU and RUTO cases were a big mistake – BENSOUDA should end the cases pronto.

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From: maina ndiritu

Saturday November 9, 2013 – One of the International Criminal Court (ICC) judges has told a Berlin conference that the ICC made a big mistake when they indicted President Uhuru Kenyatta and his Deputy, William Ruto.

Speaking during a conference about Presidents on Trial and the straining relations between the ICC and the African Union on Wednesday, Judge Hans-Peter Kaul, the German judge who dissented at the pre-trial stage, expressed his dissenting voice because the crimes committed during the 2007-08 post election violence were grave crimes against the laws of Kenya, but they were not crimes against humanity.

“I was and I remain convinced that these trials are a mistake.” Judge Kaul said.

He said former ICC prosecutor, Moreno Ocampo had initially confessed that he made a few mistakes on the Kenyan cases but his successor Fatou Bensouda instead of rectifying them, she made a big mistake which has now threatened the existence of the Hague based court.

Judge Peter Kaul said President Uhuru’s trial has been deferred to February 5 2014 and Fatou Bensouda has time to reflect and drop the case or keep going.

He said the two Kenyans cases may build or destroy the credibility of the court.

The forum was attended by German Minister for Justice.

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Why should we not all live in peace and harmony ? we look up the same stars , we are fellow passengers on the same planet and dwell beneath the same sky , what matters it along which road each individual endeavours to reach the ultimate truth ? the riddle of existence is too great that there should be only one road leading us to an answer *
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Kenya: Who pays the hefty costs for Uhuru and Ruto’s ICC cases?

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From: Joseph Nyaringo

By Joseph Lister Nyaringo

Atlanta, Georgia

For any questionable expenditure malpractices in the government, we have a right as Kenyan citizens and tax payers to voice our concerns because in the long run, if we fail, it will affect the larger spectrum of our country’s economic growth.

Therefore, knowing the way the government spends our taxes is not a preserve for those in government but a responsibility for every citizen.

For purposes of fiscal accountability and effective management of our taxes by the government, those tasked with the responsibility of ensuring that all is well in the exchequer need to conduct an audit to divulge how the costs incurred on the ongoing ICC case of the deputy President William Ruto, and the shuttle diplomacy for deferral are paid off.

Kenyans need to know who incurred the costs for the recent delegation to the African Union (AU) in Addis Ababa, whose purpose was not the good of Kenya but to rally the AU for the deferral of the cases facing President Uhuru Kenyatta and his deputy at The Hague.

Secondly, the current delegation in New York which encompasses our national diplomats and several others from other African nations supporting Kenya for the deferral like Rwanda and Ethiopia is a costly affair. We need to know if Uhuru and Ruto are meeting these expenses and not Kenyan tax payers.

Besides, its note worthy that our two leaders are engaging the most expensive lawyers in the world in their cases. Kenyans will want to know who is meeting the hefty legal fees since not many people can afford to hire Stephen Kay, who is also the Queen’s Counsel and the combative Karim Khan for Uhuru and Ruto respectively.

Lastly, the travel and accommodation expenses for MPs who have been accompanying the Deputy President to the Netherlands, is now in a tune of millions. We also need to know who is footing the heavy bill since we all know that, life in Europe is extremely expensive which is often characterized by their strong currency- the Euro.

I’m not trying to imply that our two leaders cannot afford the said expenses but as a nation moving towards high levels of transparency and accountability in the way we conduct our national affairs, it’s better for the tax payers to know who is responsible for the high costs related to the current predicaments facing the President and his deputy.

Uhuru and Ruto are among the few billionaires we have in Kenya, but if they get a loophole to use our taxes for their cases, they may not touch their wallets. This is solid reality if the hustler’s jet scandal which cost Kenya taxpayers a whooping 25 million shillings for Ruto, is something to go by.

Since the ICC is a personal problem to the President and his deputy as they told the nation during the campaigns, wananchi don’t need to pay a penny for the delegation currently in New York and the recent one in Ethiopia. We therefore can’t pay for their personal cases when we are paying for their salaries and heavy benefits.

As taxpayers, we risk losing billions before the end of the ICC cases thus, the need not to assume that all is well, when a stitch in time saves nine.

Finally, as a concerned Kenyan, I evoke the Parliamentary Budget and Appropriations Committee, the Public Accounts Committee and the Auditor General to tell the nation the truth on the above. May they effectively monitor government spending lest we end up crying.

This is not an accusation and I do not have any evidence to conclude that our leaders have used state resources in their ICC cases.

OBAMA differs with RAILA – UHURU/ RUTO were democratically elected on – US will support ICC deferral.

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From: maina ndiritu

Thursday October 24, 2013 – US President, Barrack Obama, on Wednesday differed with his “cousin”, Raila Odinga, by saying President Uhuru Kenyatta and his Deputy William Ruto were democratically elected during the March 4th elections.

Through statement dispatched by US Assistant Secretary for African Affairs, Linda Greenfield, on Wednesday, Obama said he is aware of Uhuru and Ruto’s case at the International Criminal Court (ICC) saying his government will support the deferral of the cases to allow the two leaders perform their constitutional duties to Kenyans.

“We are aware of the Kenyans’ concerns over the ICC issue and we are in talks with the Kenyan Government,” Greenfield said.

Greenfield said though the US wants justice for victims of the 2007-08 post election violence, Uhuru was voted in democratically in the March 4th general election presenting a rare scenario where a serving President was a suspect in a ICC trial.

The secretary said terrorists usually take advantage when there is a power vacuum and such a situation would not be allowed to befall on Kenya.

Obama’s statement is in total reversal of the hardline stance taken by former US Assistant Secretary of State, Johnnie Carson, who cautioned that the election of Uhuru and William Ruto on March 4th would bear “consequences”.

The US Head of State also differed with Raila Odinga who has been running all over the world saying Uhuru and Ruto were not democratically elected.

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Why should we not all live in peace and harmony ? we look up the same stars , we are fellow passengers on the same planet and dwell beneath the same sky , what matters it along which road each individual endeavours to reach the ultimate truth ? the riddle of existence is too great that there should be only one road leading us to an answer *
*
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*

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IMPERIALISM AND ICC DEBATE THAT NEVER WAS

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From: Ouko joachim omolo
The News Dispatch with Omolo Beste
MONDAY, OCTOBER 21, 2013

President Kenyatta used Mashujaa Day celebrations in Nairobi to hit out strongly at Western nations over the International Criminal Court indictments with his deputy, Mr William Ruto delivering a similar message at a gathering with Kenyans in Brussels, Belgium, where Kenyans in Europe met to mark the national holiday.

Mr Kenyatta called on Kenyans to reject all forms of domination and manipulation by foreign forces. If Uhuru was very serious then he should be the first to reject imperialist judge who represents him at The Hague.

It means that we cannot trust our own that is why his deputy Ruto has also opted for imperialist judge. That is why even in football we cannot trust our own coach but imperialist. Imperialists still have a big role to play in Kenya.

This is not to forget that even after independence Mzee Jomo Kenyatta was still the champion of western imperialism. It is his leadership that deflated the Mau Mau vision of ‘land and freedom’ when upon taking over power he changed, and like imperialists he grabbed the land.

That is why since 1963 Kenya has remained a neo-colony. Kenyan economy, from the agricultural, industrial to the service sectors, is more than seventy percent controlled by foreign capital. You cannot determine the price of your own Tea, Coffee name them, unless it is done by imperialist.

That is why peasant farmers in Migori and Meru, still grow tobacco that is owned by BAT and peasant tea and coffee farmers in Murang’a, Kisii, Meru or Mogogosiek produce tea for export with less than ten percent being sold at factory gates. We produce for Europe and consume from Europe and now China.

Our cases are to be heard by imperialists because of impunity which has in fact fuelled deep inequalities in Kenya. Inequalities, impunity and institutional capture of the state is what produces resentment and intolerance that is at the heart of the many conflicts and hate that is rife in Kenya today. It is the cause of tribalism and nepotism, so the abuse of power.

Even civil society in Kenya like the one I worked for the last 13 years cannot do without imperialists. Without their money you cannot walk on the street or carry pigs to the parliament buildings.

Should they stop their money FIDA will close its door the following day, so do other organizations which solely depend on imperialists for their movements and salaries. In other words, if Kenya was truly independent then it is first to pull out from NGOs as agents of imperialism.

Surprisingly, imperialism did not cause as much violence in Kenya as it is today. Kenya still has a lot of poverty as a result. When Westgate terror attack demolished this false sense of security in the country, imperialists had to come in.

It explains why the terrorists who lay siege on Westgate took advantage of the fact that the Kenyan state has been captured by liars, thieves, murderers, money launderers and druglords.

But even to pull out from Rome Statue Kenya is still to rely on imperialists. That is why the President dispatched Cabinet secretaries Amina Mohamed (Foreign Affairs), Najib Balala (Mining) and Fred Matiang’i (Information) to the Czech Republic, China and Russia respectively to lobby members of the UN Security Council who have veto powers to consider Kenya’s cases positively and defer his case.

The three Cabinet secretaries were sent on the diplomatic mission a few days after a special AU Summit in Ethiopia called on the UN Security Council to defer Mr Kenyatta’s trial.

Although the Council is expected to sit before his case opens on November 12, they have already hinted that this is not going to be possible because criminality does not favour anyone, whether you are the present or not.

It is again why Uhuru is in dilemma whether to attend the ICC cases even after the AU leaders have categorically asked him not to attend the case if the Council would not have given a position on the Kenya trials before November 12.

Yet still, after independence corruption is till rampant in Kenya. There is still bad governance, lack of political will, tribalism, faviouritism, nepotism and cronyism, weak or absence of management systems.

Misuse of discretionary power vested I individuals or offices, lack of professional integrity, lack of transparency and accountability, inefficient public sector and greed- Poor infrastructure, and increased cost of goods and services.

Shoddy work and stalled projects, poor medial services (e.g. lack of medicine and doctors), beds, running water, food- Unemployment, rise in crime rate and insecurity, delay denial and sale of justice in our public land, property and utilities.

Yet again, Kenya’s old guard associated with the culture of impunity continues to resist fundamental change in Kenya. This has hindered the efforts of reform. This is because most of the political and economic elite compose the vested interests that benefit from and support impunity and the lack of accountability with respect to governance, state resources, and the rule of law.

Against the background that bringing about implementation of the reform agenda poses a large challenge because doing so threatens the culture of impunity and the entrenched political class that has existed in Kenya since independence.

Those associated with the culture of impunity are working hard to limit the impact of steps taken so that they do not lead to truly fundamental reform that would threaten vested interests.

It will not be correct therefore to blame the colonial government that they stole the Kenyan people’s land, starved them and then blamed them for not feeding their children properly. Instead we should blame ourselves.

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: Pursuing ICC Cases At The Hague Is Now Counter-Productive

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From: Samuel Omwenga

In my Star column this weekend Pursuing ICC Cases At The Hague Is Counter-Productive, I continue to make the case why the ICC cases should be terminated or at least brought back home.

Excerpt

This is precisely where we are, namely, given the fast unraveling of the cases against the original Ocampo Six, given the unlikelihood of conviction for either Uhuru or Ruto going by the crumbling of these cases, given the prospect for finding a local solution, and especially given the need to maintain our dignity and stature as a sovereign state, it’s in the best interests for our country to either terminate or defer these cases to find a local solution.

Contrast with a scenario where the President ceases cooperating with the ICC and even has our country withdraw from the Rome Statute and we are made a pariah state as a consequence.

Those clamouring for this outcome hope it would be the undoing of the Uhuru presidency but they are mistaken.

Were Kenya to become a pariah state, it is not the President or his administration that would mostly suffer the consequences but ordinary Kenyans as well as foreign interests in the country neither of whom wish or would want to suffer such.

It’s for this reason it makes sense to either terminate these cases or defer them to allow a local solution for doing otherwise would in all likelihood result in far graver consequences for all.

Peace, Unity and Truth

Omwenga

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Bishop Desmond Tutu has issued a call to Support International Criminal Court

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From: Judy Miriga

Good People of the world,

Who shall stop the next genocide with atrocities to end its snares in Africa if you and me do not act positively. Each and everyone with black skin must must know their lives are in danger and are at stake, and that, they must begin to act in their own ways they know how to make this world a better place for all.

A journey begins with one step and Bishop Tutu has opened the door. Sign up the petition, spread the word and support this mission for true justice to save the Great Lakes Region of Africa from spreading cancer of genocidal injustices and that life be with hope and of meaning again to the people of Africa.

God Bless Bishop Desmond Tutu………….and dont forget to Sing the petition and share…………..

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

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Bishop Desmond Tutu has issued a call to Support International Criminal Court

Written by: McCullough T. Jr.
Tags: African Union, Bishop Desmond Tutu, confront genocide, crimes against humanity, Darfur & Rwanda conflicts and killings, International Criminal Court, Kenya, Nigeria & South Africa, Sudan

Bishop Desmond Tutu has issued a call to action open letter to save a great institution of justice and prevent further bloodshed on the African Continent. He asks all people of good conscience and concern for human rights and their fellow man to join forces against this scourge of violence and evil.

From Desmond Tutu:

In just 2 days’ time, African leaders could kill off a great institution, leaving the world a more dangerous place.
The International Criminal Court (ICC) is the world’s first and only global court to adjudicate crimes against humanity. But leaders of Sudan and Kenya, who have inflicted terror and fear across their countries, are trying to drag Africa out of the ICC, allowing them the freedom to kill, rape, and inspire hatred without consequences. Their withdrawal from the International Criminal Court would cripple one of the world’s best hopes for confronting genocide and crimes against humanity.

I know that together we can change this. But we have to join hands and call on the voices of reason at the African Union (AU) – Nigeria and South Africa – to speak out and ensure that the persecuted are protected by the ICC. Join me by adding your name to the petition now and share it with everyone – when we have hit 1 million our petition will be delivered straight into the AU conference hall where Africa’s leaders are meeting in Addis Ababa.
In my years of work, life and travel, the fight for justice has been a long and arduous one. I have seen the very worst in Darfur and Rwanda, but also the very best with the reconciliation in South Africa. During this journey, I have seen great gains made that protect the weak from the strong and give us all hope. The ICC is one of these beacons of hope.I know that together we can preserve this.

This threat to the ICC started precisely because the court was doing its job. It charged Kenya’s Deputy President for killing people who rallied against him during an election and Sudan’s President for murdering women and children in Darfur. Now Kenya and Sudan are lobbying all of Africa to pull out of the court and destroy its chance of success.

Judge Panel at ICC

But in Darfur, Congo, Cote D’Ivoire and Kenya, the ICC has played a key role in bringing hope to those terrified by the armies, militias and madmen that have waged war against the innocent. It’s a light in the darkness that cannot be allowed to go out.

The main argument by some leaders with a guilty conscience is that the ICC is a Western witch-hunt as most of the investigations have happened in Africa. But this couldn’t be further from the truth. This was an institution that was created by 20 African countries, 5 of the court’s 18 judges are African and the chief prosecutor is African.

Friday is a key judgement day. Will our African leaders stand on the side of justice or injustice? With survivors and fallen victims or with tyrants and oppressors? This is the moment to choose.
I’ve seen some of the brightest moments in human history, moments where we together brought hope to so many. This is our chance to do that again, together.

Find the petition at: https://secure.avaaz.org/en/justice_for_africa_icc/?buvZsbb&v=30034
With hope and appreciation for this community,
Desmond Tutu

AFRICAN LEADERS ON ICC WAR THEY WON’T WIN

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From: Ouko joachim omolo
The News Dispatch with Omolo Beste
WEDNESDAY, OCTOBER 9, 2013

Julius from Juja, Kenya writes: “Fr Beste I have just watched Foreign Affairs Cabinet Secretary Ambassador Amina Mohammed has denying claims that Kenya called for a mass pull out of African states from the Rome Statute, also refuting claims that Kenya called for the upcoming African Union Summit in Ethiopia to protect President Uhuru Kenyatta from attending the ICC cases at The Hague.

I also watched her saying that there is no sitting president at the ICC that is why as the government will try very hard to see that Uhuru follows his case here in Kenya through video, but this case began before Uhuru and Ruto were elected. Furthermore they have been told not to vie for presidency and deputy respectively until they know the fate of their case-what is your take on this”?

Julius I also watched as you did. I do agree with you that Uhuru and Ruto were been advised to wait until they know the fate of their ICC cases but refused. I remember Martha Karua Peter Kenneth among many charismatic leaders pleading with them not to vie. So the issue here is very clear that ICC will not buy resolution by the African presidents some of whom are also wanted at The Hague.

This comes a day after African Union Chief Nkosazana Dlamini-Zuma asked U.N. Security Council envoys how they might react if asked to defer the international trials of Kenya’s leaders. African leaders are scheduled to meet in the Ethiopian capital Addis Ababa this weekend to discuss the fate of President Uhuru and his Deputy William Ruto.

Foreign Affairs Cabinet Secretary Amina Mohamed also wants the International Criminal Court (ICC) ought to dismiss the cases against Uhuru Kenyatta and William Ruto as the evidence against them is not credible.

Mohammed charged that ICC Prosecutor Fatou Bensouda was not adequately prepared to try the cases even after having ample time to plan saying: “She dragged my Deputy President to The Hague then informed him at the beginning of the trial that the witnesses had not arrived so they told him to go away and return when the witnesses arrive, this is very unfair.”

Speaking during an interview on the British Broadcasting Corporation’s HARDtalk show, Mohammed alleged that the names contained in the Waki list was not credible.

“The envelope handed over to Kofi Annan by the Waki Commission had many names of suspects but they picked and chose only a few out of the many names. They picked three from each side of the parties and if this is not politicizing then I don’t know what is,” said Mohamed.

She further added with the inception of the new Constitution and judicial reforms Kenya is capable of trying the perpetrators of the Post Election Violence, claims that most Kenyans have refuted.

She further accused the ICC of targeting Africa yet nations there have maintained good relationships and always cooperated with the court.

African presidents are also to debate a possible withdrawal from the International Criminal Court over claims it targets Africa, but that sentiment is being challenged by rights groups across the continent.

The 54-member African Union has accused The Hague based ICC of singling out Africans for prosecution and has specifically demanded that the court drop the proceedings against Kenya’s leadership.

As I always said on this blog, given that ICC was founded primarily to try genocide, war crimes and crimes against humanity, is why African president think they targeted and blackmailed. They would rather want ICC cases brought back to their nations so that they continue with genocide and war crimes.

Sudanese president Omer Hassan al-Bashir who will also travel this Friday to Ethiopia and Saudi Arabia for the first time since the outbreak of some of the worst protests to engulf the country in recent years is among African leaders who want ICC cases brought back to Africa. He is wanted at The Hague to answer cases on genocide in Darfur.

Ugandan President Yoweri Museveni who is among the African leaders who want ICC cases brought back to Africa has not even accounted for £70m given to his country by Britain for various projects and how he acquired a private jet.

Rwandan President, Paul Kagame who is also pushing for ICC cases brought back to Africa has also not accounted for £75m of British aid meant for projects. It has been alleged that Kagame spent £60m on two private jets and loves pricey Rolex watches.

Robert Mugabe has imposed himself upon the people of Zimbabwe since 1980 when he became Zimbabwe’s prime minister following independence from Great Britain. The former Marxist guerrilla became president in 1987 and has held fast to that position despite a deep financial crisis pushing inflation above 200,000 percent.

Paul Biya has imposed himself upon the people of Cameroon since he assumed Cameroon’s presidency in November 1982. In his book, “Tyrants, the World’s 20 Worst Living Dictators,” David Wallechinsky noted that “Every few years, Biya stages an election to justify his continuing reign, but these elections have no credibility.

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

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: WAS WESTGATE ATTACK TO DESTABILIZE THE COUNTRY FROM ICC TRIALS?

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From: Ouko joachim omolo
The News Dispatch with Omolo Beste
WEDNESDAY, OCTOBER 2, 2013

Doreen from Nairobi writes: “Fr Beste from what I read in your last paragraph of your today’s dispatch of why the commission of inquiry of Westgate attack formed by President Uhuru Kenyatta will not avail the report to the public because none of such reports have been made public because they implicate big people, don’t you think this is a waste of taxpayers’ money?”

I also read somewhere online that many have been tempted to draw up their own conclusions over the timing of the attack, considering that President Uhuru Kenyatta, and his Deputy, William Ruto, are facing ICC trials at The Hague.

And that almost three months ago former Prime Minister, Raila Odinga, had in one of his interviews with Citizen TV, categorically hinted that President Uhuru Kenyatta, and, William Ruto, were planning to destabilize the country ahead of their ICC trials to interrupt and delay their cases. What is your take on this?

Doreen has raised very important issue. It has proved beyond doubt that in Kenya the outcome of the inquiries cannot be made public because in most cases they implicate people who form them. They are not independent because they are formed by the head of states that can or not release them.

Concerning what you read online, I did the same. It was reported by the Kenyan Daily Post that former Prime Minister, Raila Odinga had in one of his interviews with Citizen TV, categorically hinted that President Uhuru Kenyatta, and, William Ruto, were planning to destabilize the country ahead of their ICC trials to interrupt and delay their cases.

The Daily post reported that Raila noted that their aim was to make sure that the country becomes so unstable to justify their application to halt their trials or defer them in the name of national security.

Since then, a number of horrible things have happened in the country, whose aim was to throw the national security into jeopardy and destabilize the country. Among them include; the Westgate attack, Wajir killings, Western killings, Mandera killings and to some extent Tana River killings, where no meaningful resolution by the Government has been made.

The same daily Post reported that the National Intelligence Service (NIS) is blaming Raila Odinga, and Homabay Senator, Otieno Kajwang, in connection with Saturday’s mall attack where over 70 people died and hundreds injured.

According to latest reports which were presented to President Uhuru Kenyatta on Friday, Raila Odinga’s “men” were in charge of the “terrorism surveillance department” in the NSIS and it seems they slept on their job which led to loss of innocent civilians on Saturday’s mall attack.

The NSIS sources according to the report say when Raila Odinga was one of the Principals of the coalition Government, he appointed his cronies as senior members of the NSIS and they have been sleeping on their job.

Regarding Kajwang, the NSIS said the former Immigration Minister issued hundreds of permits to terrorists who will later strike Kenya last Saturday.

Credible reports according to the Daily Post indicate that the terrorists were issued permits by Kajwang’s office last year when he was immigration boss. Other reports indicate that the said terrorists used fake Identity Cards supplied by corrupt Government officials as early as last year during Kajwang’s reign as Immigration Minister.

The same Daily Post reported that the Sunday Nation Political columnist, Prof Makau Mutua, demanded that President Uhuru Kenyatta should resign because he was aware of the Westgate terror attack and he was unable to stop it.

According to counter terrorism reports seen by the Kenyan DAILY POST, President Uhuru Kenyatta was briefed by the National Security Advisory Committee (NSAC) in mid September when intelligence reports showed that the Al Shabaab had intensified activities in Kenya and were planning a major attack.

On his twitter account on Saturday, Makau who is a Distinguished Law Professor at Buffalo Law School in New York said President Kenyatta and his Kikuyu cronies are supposed to resign since they were unable to stop last Saturday’s mall attack in Westgate where over 70 people died and hundreds injured.

On the other hand, Raila Odinga wants the government to explain how suspected terrorists who stormed Westgate Mall in Nairobi got into the country. Raila was quoted to have said the government should come out clean over the issue to avoid speculations.

Raila said Kenyans need to know how they had access into the country, who issued them with the permits and how it was done. Raila blamed the Jubilee government for laxity on security matters within the country.

Raila also took issue with the National Intelligence Service for sleeping on the job at the expense of the lives of innocent Kenyans. “Somebody somewhere must be held responsible for this,” he said.

Raila made the remarks while addressing a gathering in Kisumu after paying a courtesy call to former Jaramogi aide Odungi Randa, in his Jua Kali office on his way to Siaya to drum up support for ODM’s candidate for Siaya gubernatorial seat.

On the other hand, the National Intelligence Service claims to have given advance warning of the Westgate attack, according to some security officers.

Gen Michael Gichangi, NIS Director General, is due to meet MPs of the Defense and Foreign Relations committee on condition that he testifies in public, condition Defense committee Chairman Ndungu Gethenji (Tetu) has objected.

May be there is something Gichangi knows about the attack that he would want the public know but Ndungu Gethenji is afraid of. This of course leaves a lot to be desired as speculations to who exactly planned for the attack and why.

Two NIS officers who did not want their identities revealed told the Star that their organisation had given advance warning of the attack to Inspector General of Police Service David Kimaiyo and Criminal Investigations Department director Ndegwa Muhoro. This also leaves a lot to be desired since the security did not act on the report to prevent the attack.

If this is the case then there is no doubt that Kimaiyo and Muhoro should also be investigated to discern why they did not act on the information. It means they were aware of the plan.

It will also require that some senior officers within the Office of the President should be investigated why they suppressed intelligence reports. And if this is true the NIS was not to blame for the Westgate attack. No wonder why the director wants the hearing be made in public so that Kenyans can know nothing but the truth.

The Office of the President should also tell Kenyans what happened when it emerged that a policewoman recorded a statement after her brother who works for the NIS warned her not to visit Westgate on Saturday because of an impending attack.

The pregnant policewoman regularly went window shopping in Westgate on Saturdays.

“She has told police that her brother who is a NIS officer warned her not to visit Westgate that Saturday because she would not be able to run with her bulging tummy,” a senior officer involved in the investigation said.

The Office of the President should also make in public what the policewoman who was picked up from her home on Tuesday night and taken to CID headquarters on Kiambu road where she was interrogated for four hours before being allowed to go home.

For this reason Gichangi should be allowed to testify in the open so that Kenyans come to know the truth about the attack. The NIS had also warned the police about the danger before the Baragoi massacre but the police ignored the intelligence reports.

If this is the case then there is no doubt that Uhuru Kenyatta must have been briefed but ignored to act. This again leaves a lot to be desired. It leaves more questions than answers.

The Daily Telegraph details 29 separate intelligence warnings linked to al-Shabaab activity in Kenya in the last 12 months. Nairobi mall attack: Westgate was named as a target a year ago.

As the row between Kenya’s internal security agencies escalated on Friday, a file of alerts seen by Exactly a year before last weekend’s shopping centre attack, one names three Islamist agents who were in Nairobi and “planning to mount suicide attacks on undisclosed date, targeting Westgate Mall”.

Four months later, on February 1, there were warnings that al-Qaeda and al-Shabaab operatives were plotting attacks in Nairobi and Mombasa.

“The envisaged modus operandi include, but is not exclusive to, Mumbai-attack style, where the operatives storm into a building with guns and grenades and probably hold hostages,” said the documents, from the National Intelligence service and passed to The Daily Telegraph.

The immediate aftermath has been questions: what did the National Intelligence Service know, when did they know it, and what did they do with that information? What did the Kenya Police Service know, when did they know it and what actions did they take? What did the Kenya Defence Forces know, when did they know it, and what did they do with that information? Is there a scenario where the entire incident or part of it, including some of the deaths and injuries, could have been avoided?

Other questions include why the numbers of the dead and injured did not change, even after the building came down. Were there no more hostages or even terrorists in the building at that point? So who brought the building down? Where are the terrorists? Did they escape? Were they captured? Were they killed? Where are their bodies?

Other questions include: was there a joint command amongst our security agents during the attack? Was there an incident that led to fatalities amongst some of our security agents from friendly fire? Is there a protocol of engagement, even as a theoretical paper, on how to deal with a terrorist attack?

Which agency takes the lead? Where does the buck stop? Who looted Westgate shops? What has been done to the looters? How do we assure Kenyans that the next time something like this happens they can trust the armed forces for their protection and that of their property?

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