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Kenya: Analysis: Mall raid rallies foreign support for ICC-indictee Kenyatta

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From: maina ndiritu

Accused by prosecutors at the International Criminal Court of fomenting post-election bloodletting in 2007/2008, Kenyatta leads a nation that is now in the spotlight as a victim of crimes punishable under international law.

Saturday’s raid on Nairobi’s upscale Westgate mall, in which Islamist militants killed dozens of civilians in a hail of gunfire and grenades, has won Kenya words of support and firm condemnations of “terrorism” from leaders around the world.

This could shift the diplomatic scenario for a 51-year-old president, whose election in March as Kenya’s head of state had already added a new dimension to the ICC prosecution against him. He denies encouraging the post-election violence that killed upwards of 1,200 people.

Kenyatta’s allies are arguing that the security implications for Africa and the world of the weekend mall attack claimed by the Islamist militant group al Shabaab from neighboring Somalia should take priority over the president’s obligations to the ICC, where he is due to face trial on November 12.

“Do you want to focus on the ICC when so much has to be done?” Moses Kuria, a strategist for Kenyatta’s Jubilee coalition who has worked alongside him, told Reuters.

He suggested the ICC suspend its ongoing prosecutions against Kenyatta and his deputy, William Ruto, for two to three years, to allow them to confront a threat to Kenya’s security that the Kenyan leader has called an “international war”.

“The security concerns of the world at this time would better be served by us focusing all our energies on fighting terrorism, and … ensuring the whole of Africa will not be a safe haven for terrorism,” Kuria said.

“Therefore, it will be untenable to have these cases continue,” he added.

ICC judges on Monday adjourned Ruto’s trial, which began this month, for a week to allow him to return home and deal with the mall attack crisis.

ICC spokesman Fadi El-Abdallah said Kenyatta’s defense lawyers had filed a request for the Kenyan president to not physically appear at his trial in the Hague next month, but participate via video link.

All requests for adjustments, suspensions or postponements would be considered by the judges on a “case by case” basis, he told Reuters, without commenting further.

Western governments, obliged to walk something of a diplomatic tightrope in their relations with the ICC-indicted pair after their election, now seem willing to work more closely with them, especially in anti-terrorism cooperation.

TACKLING TERRORISM: “ESSENTIAL BUSINESS”

“I would regard the need to combat terrorism as essential business,” the European Union’s Africa Director Nick Wescott told Reuters. He was in Nairobi specifically to discuss with the Kenyan authorities the security implications of the weekend attack, which killed several expatriates as well as Kenyans.

Asked whether this would mean greater Western flexibility towards dealing with Kenyatta, Wescott said the two issues – the Kenyan leader’s ICC trial and his international role in fighting Islamist extremist violence – should be kept separate.

But he added: “Let’s see how it goes. It is essential that we all work as closely together as possible to deal with threats like this in Kenya, in Somalia, everywhere.”

Reflecting this intensified cooperation, Kenyan Interior Minister Joseph ole Lenku said the United States, Israel, Britain, Germany, Canada and the police agency Interpol were assisting in the investigation of the Westgate mall incident and the identities of the attackers.

But for those who want Kenyatta to face justice and an end to what they call a culture of impunity in Africa, the idea of giving the Kenyan leader any judicial leeway is anathema.

“As tragic as the events at the Westgate mall are, the number of people killed there is a fraction of the people who were killed in the course of the events Kenyatta is accused of orchestrating,” said Makau Mutua, a Kenyan-born law professor at New York’s State University.

He criticized the one-week postponement of the Ruto trial, saying the ICC acted emotionally rather than logically. He added he saw “short-term sympathy” over the mall attack but “for Kenya, not for Kenyatta”.

Global risk consultancy Maplecroft said the Shabaab attack on Kenya’s leading shopping mall showed up how the ICC trials against the Kenyan leaders would be “hugely disruptive to the processes of governance” in east Africa’s biggest economy.

“As such, the attack will provide another opportunity for Kenyatta and Ruto to demand that their hearings are switched from The Hague to Arusha in neighboring Tanzania, or postponed altogether,” Maplecroft said in a briefing note.

Ratings agency Moody’s said the assault would dent Kenya’s growth, particularly by depressing tourism.

But Moody’s Assistant Vice President Edward Al-Hussainy added in a statement: “We also expect it to give President Uhuru Kenyatta’s new Jubilee coalition government an opportunity to galvanize a broader mandate and dull the international and domestic political effect of the ongoing International Criminal Court trial of the president and his deputy.”

“STAND WITH US”

Kenyatta, who has up to now publicly pledged his cooperation with the ICC, has made clear that he is actively seeking international backing to confront the widening threat posed by cross-border jihadists like the weekend mall raiders.

In a speech addressing the nation and its “friends” late on Tuesday when he announced that security forces had defeated the attackers after a four-day siege, Kenyatta stressed that “terrorism is a global problem that requires global solutions”.

“Kenya will stand with our friends in tackling terrorism and I ask our friends to stand with us,” a somber president told his nation, adding that Kenya had “stared down evil and triumphed”.

Since the mall attack, Kenyatta has received calls and messages of support from world leaders including U.S. President Barack Obama and British Prime Minister David Cameron.

Kenya is seen as a key ally in the fight against violent Islamist extremism in the Horn of Africa and Kenyan troops form part of an internationally-backed African peacekeeping force in Somalia that has put al Shabaab on the defensive.

In contrast, another ICC indictee, Sudanese President Omar Hassan al Bashir, who is accused of orchestrating genocide in Darfur and is defying an arrest warrant, is treated as a pariah by the West.

Kenya’s government, backed by east African states and some other nations on a continent that is increasingly suspicious of a perceived anti-African bias by the ICC, had already asked the ICC to suspend the hearings scheduled for Kenyatta and Ruto.

African leaders are due to discuss the Kenyan prosecutions at the African Union next month, amid some calls for a walkout by African states from the decade-old ICC. [ID:nL5N0HC3MP]

The Hague court’s prosecutor, Fatou Bensouda of Gambia, who is leading the cases against Kenyatta and Ruto, has given no indication so far that the ICC will ease up on the prosecutions.

In a statement on Tuesday, Bensouda said she was ready to work with Kenya and the international community to bring to justice those responsible for the weekend raid in Nairobi.

“Such attacks by armed groups upon innocent civilians are contrary to international law and may constitute a crime under the Rome Statute, to which Kenya is a State Party,” she said.

Evelyn Ankumah, Executive Director of Netherlands-based Africa Legal Aid, said that from a legal point of view the Nairobi mall attack should not affect the ongoing ICC cases.

But Ankumah, whose organization supports human rights and criminal justice from an African perspective, said she could not rule out the possibility of the U.N. Security Council asking for Kenyatta’s ICC trial to be deferred, maybe for a year.

“It would be naive to say that international criminal justice is not political,” she said

(Additional reporting by Thomas Escritt in The Hague, Carolyn Cohn in London, James Macharia, Drazen Jorgic and Kevin Mwanza in Nairobi; writing by Pascal Fletcher; editing by Philippa Fletcher)

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African leaders take anti-ICC battle to the UN

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From: Judy Miriga

Good People of the World,

I give credit to Maina Nderitu for commenting slightly on the African leaders take on anti-ICC battle to the UN. Atleast Nderitu said something he believes on, sentiments that I do not agree with. Why would the rest of African people remain quite. Are they happy with this arrangement. It means people expect fate or vacuum space to speak for them, and It is why they are being taken advantage of. It is time Africans wake up and begin to defend their rights, by step of faith, Africans must uniting for common good and by a show of majority strength they must support an opinion that are in their favor……….No right thinking human being will perish in silence………..

I stood for justice and put my life on line for Kenya to dispute Kibaki’s win in the wake where 2007/8 things fall apart, and former President Bush declared President Kibaki winner. I stepped in, made my voice heard on behalf of the voiceless and organized a demonstration of more than 300 people to confront Bush Administration with facts. It was a turning point where true justice was finally delivered by the formation of a Commission of Eminent African Leaders led by Kofi Annan who established a Coalition Government in Kenya between Kibaki and Raila that finally was able to deliver the Reform Accord Agenda for the New Constitution of Kenya.

To say the least, once again; on behalf of the voiceless and for the voice of reason, I express feelings of disgust, disappointment and we are ashamed that African leaders at the UN New York conference degenerate without principle, concern or value to human rights respect or dignity and bowing down desperately to sell off Africa in a free loader shameless manner with intention to evade justice at the International office of the UN. Their purpose is to cover-up wickedness and evil doing of their network of International special business interest partners, who sponsor them in their massacre, atrocities and genocide in the nature of crime, violation and abuse against human rights. It is despicable (contemptible, ugly, unworthy, vile) that this is taking place in the 21st century in the watch of all great men and women, people of African descent of the world.

It is unbelievable that scores of men and women of African descent are not coming forward in large numbers to condemn this act of conspiracy theories of barbaric hooliganism lacking respect and dignity for moral values and virtues’ of Africanisation and call it for what it is in the crudest and ugliest language known on earth.

Because of scarcity of time, to throw some light and prove topical points in summary, I wish to state the following on behalf of many:

1) If Kenya was not able to provide security to save a situation at Wastegate in Nairobi attack because of disoriented and dysfunctional failed policing at Wastegate, in a polarized confused situation in the present Kenya, how will they provide a justified and trusted organize legal justice dispensation without fear or intimidation from external forces. Considering the magnitude where 2007/8 massacre was not only done by local people, but supported by the likes of Museveni and it is believed by many that Musevenis private military featured a great deal, where it ambushed, attacked and killed many people in Luo Nyanza region and where almost immediately after the attack, Museveni was rewarded with a gift of Migingo Island. How did Museveni acquire Migingo Island and hoisted his Country’s flag with Uganda Police to take charge and killed many Luo fishermen if there was no conspiracy plan where Kenya leadership engaged Museveni to do the unthinkable to Kenyans inside Kenyan land. If Kenya takes the case back from ICC Hague, how will Museveni be brought forward to face justice against the illegal territorial sovereign invasion of Kenya?

2) How will we ever know who the paymasters of Museveni were and why he together with his brother Salim Saleh from Somalia with Kagame, united to terrorize, maimed and commit genocide atrocities on Congo and the Great Lakes of East Africa with the use of M23 Militia group holed up in Congo Land and Al-shabaab holed in Kenya??? What are they up to???

3) Now that the Al-shabaab of Somalia origin is suspected to be led by Salim Saleh network of Islamic Fundamentalist Militia Group for purposes of terrorizing the Great Lakes Region of East Africa, if the Kenyan ICC Hague matter is returned back to Kenya, how will we ever know how M23 became a factor for terrorizing Congo and Al-shabaab became a factor on Wastegate attack because in truth, Kenya have no powers to prosecute Al-shabaab or Salim Saleh, or even Museveni for that matter which has turned a criminal threat to the international community and must be dealt at the international stage. How will Kenya provide the International stage to prosecute these crimes of humanity in the Great Lakes of East Africa ???

4) If the international community want to eliminate terror group from spreading their attacking and becoming a nuisance terrorizing the whole world, Kenya situation is the turning-point, where the conspiracy to commit massacre, atrocities and genocide was documented and arrested; the network of planners and financiers as special business interest who span across the cities and nations of the world, need to be known and face the law, so things can begin to be done the right way.

We need to know why Jendayi Fraser too became a subject of the matter starting with Ethiopia down to Uganda, Congo and Rwanda and into South Africa and whose foot-prints have been traced and noted up to the recent past where her boasting comments and support were noted in Kenya’s electioneering. We need to know why, a few people of the world engage in business of massacre and wiping out Africa to re-colonize Africa for their advantage and greed. This was coupled with Jesse Jackson coming to Kenya to intervene in Uniting Raila and Uhuru to join in the leadership of Kenya for their unfinished business, which is this unfinished business that was not incorporated in the Manifesto of the Coalition Government or transferred in the Constitution policy agreement……..people want to know if the unfinished business have a lot to do with the poverty in Africa, extra-judicial killings, massacre, atrocities and genocide crime against humanity in the Region of Africa; and whether it has anything to do with the recent Scramble for Africa land with the illicit theft of free loading of Africa’s wealth and mineral resources and why Africa is in constant extreme poverty level, pain and sufferings???

There are fears that names shall be named and these few greedy special business interest fear their names being published on the International Platform, but if this is not done at the ICC Hague, the special business interest network will not stop massacring poor innocent Africans. This ugly business has turned cronic cancer and it is spreading faster to the international community and therefore it must be stop and put to rest. It is because, all people have rights to leave a honorable and dignified livelihood.

5) Who is sponsoring and financing these private Militia Armies of Museveni and Kagame??? Who is the benefactor of crime, violation and abuse of human rights with environmental pollution in Africa………and How shall the world know the truth ICC Hague is not given opportunity to prosecute the injustices through the International network of the United Nations???

6) Once again, I am forced to believe that these African Union leaders have formed a banker to save their skin from their injustices in Africa.

7) We must avoid sacrificing one individual for the sin of many, and in this case, Ruto stand to be sacrificed alone as a lamb for slaughter, if the matter shall switch back to Kenya and this is unacceptable……It is here that Uhuru shall take Moi’s son to replace Ruto to appease the Kalenjins and this shall be the worst condemnation and a curse for Africa

8) In the instances of Liberia, Sierra Leone, Ivory Coast and the Delta regions, are historically made up of very rich mineral resources, with culturally rich traditions yet daily life remains painfully a struggle for many as years go by, if ICC Hague fail to bring injustices to end in Kenya; third world war will lit the whole world, which is why terrorism has spread out and are holed up into Western World of European countries. Ask yourself why China is sitting pretty saying nothing about Kenyas attack of Westgate, yet they have spread all over the country and they are the beneficiaries of 90% of the Country’s Government Contracts ???

9) Government leadership of the world cannot deliver if it is paralyzed and is obstructed from functioning by the conspiracies of the Special Business Interest groups who financed Pirating, drug peddling, off-shoring business that evade paying taxes, the illegal currency laundering and the paying of the private militia groups who protect the network of the few special business interest selfish greed.

10) All people are equal before the law and all must play by the same set of rules for mutual common good of all. It is sad that these 1% of the global network of the special business interest control the United Nations and the World Bank to serve their selfish greed; and they have totally weakened these institutions from working the way they should and justice have been thrown out of the window……..

It is therefore, ICC Hague must be given a chance to prosecute the injustices that have pulled down Africa into a pathetic sorry state of extra-judicial killings and massacres, down trodden extreme poverty, pain and sufferings. Africa must be saved from these heineous acts of hooliganism with human rights crime, violations and abuse.

It is time to take a deep breath and rethink how to better improve the Global Region marketplace to provide opportunity fair to all without threats, fear-factor, intimidation, manipulation or monopoly.

The world shall become a happy place and full of love where mankind is free to evoke their strengths for innovation and improve lives under fair mutual competitive challenges of “Give and Take” and where opportunities are free for all to those who strive in their endeavors.

As the world watches the proceedings at the UN at New York, we expect all participants to remain realistic and truthful relevant on the face of injustices with acts of crime, violation and abuse of Human Rights.

We also Pray for President Obama to remain focused under prevailing difficult challenges at home and abroad and give him strength to engage without fear or favor at the UN meeting and advice accordingly.

May God help us all to engage constructively and face this overwhelming challenge for the good of all.

Judy Miriga
Diaspora Spokesperson &
Executive Director for
Confederation Council Foundation for Africa
USA
http://socioeconomicforum50.blogspot.com
email: jbatec@yahoo.com

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From: maina ndiritu
Sent: Saturday, September 28, 2013 5:12 AM
Subject: African leaders take anti-ICC battle to the UN

The International Criminal Court “has degenerated into a political instrument targeting Africa” and is “adversely affecting” Kenya,

Ethiopia’s prime minister declared Wednesday on behalf of the African Union.

Kenya should be allowed to “investigate and prosecute the cases under a reformed judiciary” provided for in the country’s new Constitution, said Prime Minister Hailemariam Desalegn in a speech at the United Nations.

“We believe it is very critical to support the peace building and national reconciliation processes in the country,” the leader of Ethiopia, which currently chairs the 54-member AU, added.

Mr Hailemariam’s attack on the ICC’s handling of the Kenya cases is the second launched by an African leader at the United Nations General Assembly in New York in the past 24 hours.

Ugandan Head of State Yoweri Museveni also criticised the ICC’s role in Kenya specifically and Africa generally in a speech on Tuesday.

The ICC’s recent refusal to permit the trials of President Uhuru Kenyatta and Deputy President Ruto to take place in Kenya is “unhelpful,” Mr Hailemariam further said.

He suggested that the ICC’s insistence on holding the trials in The Hague is “adversely affecting the ability of the Kenyan leaders in discharging their constitutional responsibilities.”

Noting that the United Nations has given “no response” to the AU’s request for a deferral of the ICC prosecutions of Kenyans, Mr Hailemariam concluded his remarks on Wednesday by again urging the UN Security Council to respond.

The Ethiopian PM earlier in his speech reiterated the organisation’s request for a deferral of the proceedings against Sudan President Omar al-Bashir.

Mr Bashir, who has been seeking to travel to New York, is charged with genocide and crimes against humanity in connection with the conflict in Sudan’s Darfur region.

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African leaders take anti-ICC battle to the UN

Mr. President,

It is with great pleasure that I congratulate you on your election to this high office to preside over the 68th session of the General Assembly, which will be held under the theme: “Post-2015 Development Agenda: Setting the Stage”. I wish to assure you of the full support and cooperation of my delegation in the successful discharge of your heavy responsibilities. I would also like to commend your predecessor for the able leadership he demonstrated during the previous session.

Mr. President,

Let me begin by condemning the terrorist attacks in Kenya that claimed the lives of innocent civilians and left many more injured. I wish to express my heartfelt condolences to the people and government of Kenya as well as to the families of the victims of this callous attack. This incident once again necessitates the need for us to renew our commitment to fight terrorism and extremism in all its forms and manifestations.

Mr. President,

I am addressing this Assembly today not only on behalf of my country but also representing the African Union, which Ethiopia is honored to Chair this year. It is a welcome coincidence that Ethiopia, which played host to the founding Conference of the Organization of African Unity (OAU) 50 years ago, assumed the rotating Chairmanship of this premier continental organization at a time when its Golden Jubilee is being celebrated.

We are indeed very pleased to have hosted the Special Summit of African Heads of State and Government that marked the Golden Jubilee of the OAU/AU on 25 May 2013, and I would like to take this opportunity to express my heartfelt gratitude to all those who sent their delegations to Addis Ababa to take part in the celebration and conveyed their messages of support and solidarity to the African Union. Since the Fiftieth Anniversary will be a year-long event, we would like to continue marking this historic milestone during this session of the General Assembly by reflecting on the relations between the United Nations and the OAU/AU over the last fifty years.

When the United Nations Charter was signed in 1945, much of Africa was under the yoke of colonialism. Since then, our continent has been liberated from the remnants of colonialism and other forms of subjugation. Today, it is gratifying to note that African countries constitute one of the largest groups in the United Nations General Assembly. I wish to seize this occasion to express my profound appreciation to the United Nations for its invaluable contribution in the decolonization process. However, we should not lose sight of the fact that not all the challenges we face in this struggle have been definitively settled, nor can we say the decolonization process has come to an end in all its forms. We should, therefore, renew our commitment to the completion of the decolonization process in Africa.

Mr. President,

In accordance with Chapter VIII of the United Nations Charter, the UN has indeed been working closely with the African Union and other regional mechanisms to advance its cardinal objectives. Over the last more than five decades, the cooperation and partnership between the OAU/AU and the United Nations has significantly expanded and deepened in a wide range of aspects and fields. We acknowledge with deep respect the meaningful cooperation the United Nations has provided to the then OAU and now the African Union to address the multifaceted challenges facing our continent. This notwithstanding, however, we are cognizant of the fact that a lot remains to be done to further enhance the cooperation and partnership between the African Union and the United Nations in the context of the changing dynamics both within Africa and the world at large. I earnestly hope that this historic occasion will afford us a unique opportunity to seriously reflect on our challenges and shortcomings with a view to strengthening our cooperation and partnership to better respond to the changing environment. I believe we need to adopt a flexible and innovative approach in the implementation of Chapter VIII of the UN Charter to enhance our partnership with the objective of addressing our common challenges.

Mr. President,

We are celebrating the Golden Jubilee of the OAU/AU at a time when the stereotypical narrative about Africa as a continent afflicted by poverty, diseases and conflicts has started to change slowly. In spite of so many difficulties that still persist, Africa has indeed turned the corner in reducing the number of conflicts plaguing the continent and promoting democratic governance as well as fighting poverty through accelerated economic growth and development. With its enhanced peace and stability, rapid economic growth, natural resource endowment and a growing middle class, Africa is certainly on the rise and this is attracting a lot of attention from the rest of the world. The 21st century will be an African century if indeed we harmonize our efforts to maintain and indeed speed up the rapid economic growth that Africa has been registering for the last decade or so. We have every reason to be optimistic that African renaissance is indeed around the corner.

This positive development is no doubt encouraging but we recognize that we can only achieve our aspirations for a peaceful, prosperous and integrated Africa by bringing about structural transformation.

That is why we are capitalizing on the Golden Jubilee celebration to chart a transformation agenda for Africa, which will be implemented over the next fifty years. We have also adopted the Strategic Plan of our Commission for the years 2014-2017 in our last session in May 2013, whose main objective is to lay a solid foundation for the realization of our vision in the short and medium term.

Mr. President,

It is indeed opportune that we are engaged in crafting our transformation agenda when intergovernmental negotiations have also started in earnest to develop the Post-2015 global development framework. I am glad that this session of the General Assembly will debate on this issue and I commend the High Level Panel Co-Chaired by Presidents of Indonesia and Liberia as well as and the Prime Minister the United Kingdom for presenting a comprehensive report to the Secretary- General. I hope this report will provide valuable inputs to our discussion on the Post-2015 Development Agenda during this session of the General Assembly.

Africa no doubt attaches paramount importance to this important issue and it has constituted a High Level Committee of Heads of State and Government to develop a common position and galvanize international support to ensure that the successes thus far achieved in the implementation of the MDGs are sustained and its development priorities beyond 2015 are fully taken on board. As our able Executive Secretary of the United Nations Economic Commission for Africa (UNECA) aptly put it, “what Africa needs is structural transformation and not structural adjustment”. The development agenda that we are trying to set for Africa over the next 50 years is also aimed at achieving this fundamental objective with a view to eradicating poverty and ensuring sustainable development. With respect to the work of the Open Working Group on Sustainable Development Goals, we intend to come up with a well thought-out African position as an outcome of the initiative of our troika: the AU Commission, the UNECA and the African Development Bank. In this context, we want to achieve a green revolution in Africa and ensure the food security of our peoples. The theme of the African Union in 2014 will be Agriculture and Food Security and promotion of CAADP, which will allow us to reinforce our commitment for the transformation of the agricultural sector in Africa. We are also convinced of the need for Africa to industrialize in order to accelerate its economic growth and generate employment, increase income and diversify exports. This can be done so on the basis of our factor endowments and taking into account the need for us to backward linkages. It poverty is downright increase value addition and exploit forward and cannot be emphasized enough that overcoming unsustainable without structural transformation and value addition which makes industrialization not an option but a must, unavoidable necessity for Africa. Let me state here how grateful we are to all those who have made partnership available to us to ensure that Africa develops the capacity for modern and affordable energy without which industrialization would be impossible to achieve

Furthermore, we would like to invest in infrastructure, which has been neglected over the past decades, to promote intra-African trade and fast-track regional integration. We are also committed to redouble our efforts in improving the overall wellbeing of our society. Particularly, we believe that Africa should reap the benefits of its demographic dividend by investing in its people. Educating our youth and upgrading their skills is critical to effectively utilize our human capital. Therefore, we very much hope that the global development framework beyond 2015 will be aligned to our development priorities and needs.

Mr. President,

We in Africa certainly recognize that we cannot realize our development aspirations in the absence of durable peace and security. That is the reason why we have dedicated tremendous efforts to addressing the scourge of conflicts in our continent. We are indeed very pleased to note the drastic decline in the number of conflicts in Africa in the course of the last decade with the exception of few situations. But we also understand that there is a new security dynamics in our continent with the rise of popular dissatisfaction in connection with demands yet unmet.

In this regard, the African Union has been exerting efforts to assist Egypt – a member State whose contribution to the decolonization process in our continent and to African Unity has been second to none – in overcoming its current difficulties in the spirit of African solidarity. The African Union is also extending all the necessary support to Tunisia in order to ensure a successful political transition through the adoption of a new constitution and the holding of elections. On the other hand, we welcome the successful conduct of elections in Mali that paved the way for the restoration of constitutional order in that country. The African Union is indeed firmly committed to continue assisting Mali in its efforts to ensure lasting peace, security and development. We draw satisfaction from the significant progress made in Somalia towards peace in the country and we are also encouraged by the agreement reached between the Somalia Federal Government and the Juba Interim Administration, which constitutes a signifi cant milestone in promoting peace and national reconciliation. at the Somalia Conference in Brussels certainly strengthen the momentum for building of the country. The New Deal announced on 16 September 2013, will the reconstruction and peace

Mr. President,

The security and humanitarian situation in Central African Republic still remains to be a matter of serious concern. I wish to reiterate our call to the United Nations to provide multifaceted support to the African-led International Support Mission in Central African Republic (AFISM-CAR), which will be deployed in that country to protect civilians and restore security and public order. On the other hand, the escalation of tension in the eastern Democratic Republic of Congo also poses threats to the peace and security of the Great Lakes region and the continent as a whole. The only durable solution is for both the Government and the armed opposition to conclude their peace talks under the auspices of the International Conference for the Great Lakes Region (ICGLR). In this regard, I would like to welcome the outcome of the extraordinary Summit of ICGLR in Kampala on 5 September 2013. With regard to the relations between Sudan and South Sudan, the African Union in close collaboration with IGAD has established an Ad- Hoc Investigation Mechanism (AIM) to verify allegations made by the two countries of supporting and harboring dissident elements one against the other. The team is carrying out its work and I am hopeful that the outcome of this investigation will help the two countries to move forward in the implementation of the agreements that they have signed and the normalization of their relations. On a more practical level, the regular engagement that the leaders of the two countries are having will go a long way in breaking the impasse and resolving some of the difficult outstanding issues.

Mr. President,

I would like to raise one important issue, which has been a matter of serious concern for us in our efforts to promote peace, security and national reconciliation in the continent and regarding which there is a strong consensus in Africa. We in Africa, time and again, have affirmed our unflinching commitment to fighting impunity and promoting democracy, rule of law and good governance throughout the continent in conformity with the Constitutive Act of our Union. This has been empirically validated by bold actions taken by the AU in recent times.

When it comes to the ICC many of our member States ratified the Rome Statutes faithfully subscribing to its cardinal objectives and principles. Unfortunately, the manner in which the International Criminal Court (ICC) has been operating left a very bad impression in Africa. Instead of promoting justice and reconciliation and contributing to peace and stability, it has degenerated into a political instrument targeting Africa and Africans. This is totally unacceptable and that is why Africa has been expressing its serious reservation against the ICC. It is regrettable that our repeated request to the United Nations Security Council to defer the proceedings initiated against President A1- Bashir has neither been heard nor acted upon. We have also received no 11 response for our request for a deferralof the ICC investigations and prosecutions in relation to the 2008 post election violence in Kenya, in line with the principle of complementarity, to allow for a NationalMechanism to investigate and prosecute the cases under a reformed Judiciary provided for in the new constitutional dispensation. In light of the encouraging developments in Kenya with theadoption of the new Constitution, the reform of the Judiciary and theholding of successful legislative and presidential elections, we believe it is very critical to support the peace building and national reconciliation processes in the country. In this regard, the recent decision of the ICC in relation to the Kenyan situation is unhelpful adversely affecting the ability of the Kenyan leaders in discharging their constitutional responsibilities. Therefore, I would like to take this opportunity to onceagain urge the United Nations Security Council to respond to our requests.

Mr. President,

In an increasingly globalized and multipolar world, Africa obviously needs to forge multiple partnerships to realize its development aspirations and assume its rightful place in the international arena.

In this regard, it gives me great satisfaction to note that Africa’s strategic partnership with both developed and emerging economies has expandedand deepened in recent years. This is the path we wish to pursue. Africa needs the solidarity of all sections of the international community and it is our hope that all the necessary support would be extended to Africa in the spirit of the Millennium Declaration, which has underlined so empathically the special situation of Africa. This, in our view, should bethe spirit with which the deficit in the implementation of MDG 8 must be treated during the very short remaining period of the MDGs.As I conclude, Mr. President, I wish to underline Africa’s enduring commitment to this indispensible global body – a universal organization whose viability is an existential necessity. It is in that spirit that Africa will continue to nurture its close cooperation with the UN.

Chinese President differs with US and Britain over Uhuru/Ruto’s ICC Trial

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From: Judy Miriga

Good People !!!

The following Chinese statement directed to UK and US sounds challenging and provocative and it is unacceptable.

Chinese interests in Kenya are corrupt and toxic. Their activities are against public interest and mandate and are not within the policy establishment of the Constitution of Kenya.

The kind of direct outburst shows they are afraid their butt-naked will be exposed along with their illegal special business interest network that have brought pain and sufferings to the people of Kenya. Their influence in Kenya has not brought anything good but destruction on fundamental fabric of livelihood and survival. They are afraid they shall be exposed at the ICC Hague on matters that are of Human Rights Crime, Violation, Abuse with Environmental pollution and that their butt will be on fire?????……..and are they therefore, sounding a threat to challenge US and UK……????

The Chinese must beware that US and UK have vested interest in Kenya for the good of both countries and that Kenya victims have rights for fair Justice where the law must be seen to be done in the most favorable and fair manner. It is therefore that, the Chinese Government must watch how they conduct themselves on matters that are of Public interest and mandate and watch how they engage and communicate.

Kenya’s security, livelihood and survival are paramount of crucial concern to the people of Kenya and the world; and no amount of conspiracy theories on fear factor, intimidation, manipulation or foul-play shall be tolerated.

Judy Miriga
Diaspora Spokesperson &
Executive Director for
Confederation Council Foundation for Africa
USA
http://socioeconomicforum50.blogspot.com
email: jbatec@yahoo.com

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Anger after Kenyan ICC trial witness ‘outed’ online
By Helen Vesperini
Published September 18, 2013
AFP

NAIROBI (AFP) – A woman who appeared as a protected witness in the crimes against humanity trial of Kenya’s vice president has been named by local media and bloggers, prompting a stark warning from the Hague-based tribunal.

The woman was the prosecution’s first witness in the case against William Ruto, and she delivered a harrowing testimony to the International Criminal Court (ICC) on Tuesday. She was referred to only as “Witness P0536,” her face pixellated and voice distorted.

But within hours of the court session, relayed live on several Kenyan television stations, viewers began speculating on her real identity on Twitter and other social media.

By Wednesday, scores of posts on Twitter gave her supposed real name, while one Kenyan blogger and the website of a tabloid newspaper even published photographs they said were of the witness. Several comments also denounced the woman as a “liar.”

The ICC said it may take legal action.

“Any revelation of the identity of a witness whose identity has been protected… amounts to an offence,” the ICC’s presiding judge Chile Eboe-Osuji said. “Such conducts will be investigated and the culprits will be prosecuted.”

The judge said the warning applied to “everyone inside the courtroom, in the public gallery, in Kenya, and anywhere in the world,” and urged “members of the press, bloggers, social media members or participants and their web hosts… to desist from doing anything that would reveal or attempt to reveal the identity of protected witnesses.”

Rights groups were also furious.

Amnesty International said it was “deeply concerned”, urging “the ICC and the Kenyan authorities to take effective measures to protect the safety and well-being of this witness and her family.”

“The publication, if correct, amounts to a serious breach of an order made by ICC Judges barring the disclosure of the identity of the first witness,” Amnesty’s Deputy Africa Director Sarah Jackson told AFP.

The Kenyan Human Rights Commission, an independent NGO, said other witnesses could now back out of the trial.

“Now that a witness has been identified it will be difficult to assure others that they are their family members will be safe. And in Kenya, it’s not just the nuclear family: there are aunts, uncles, cousins,” said spokeswoman Beryl Aidi.

“Witnesses are bound to feel that their family and their extended family may be in danger and might want to withdraw.”

‘Risk of collapse’

The witness had broken down in the Hague court as she recounted how a machete-wielding mob of “around 3,000” youths had trapped some 2,000 people hiding inside a church and set it ablaze.

The prosecution alleges the resulting massacre was part of a plan of ethnic violence orchestrated by Ruto to “satisfy his thirst for power” after disputed 2007 elections. In all, more than 1,000 people died in the post-poll unrest, the worst since Kenya’s independence in 1963.

The ICC, which has also charged Kenyan President Uhuru Kenyatta for allegedly masterminding a campaign of murder, rape, persecution and deportation. His trial is due to start in November, and like Ruto he contests the charges.

According to a Western source, who asked not to be identified, around one-third of the witnesses originally scheduled to testify for the prosecution in the Ruto case have pulled out.

“The risk of collapse is credible,” the source said.

Kenyan political scientist Mutahi Ngunyi said the exposure was a major setback for ICC prosecutor Fatou Bensouda.

“The ICC prosecutor is extremely naive because she assumed that putting the witness behind a curtain and distorting the voice was enough,” he told AFP, noting that the court’s first trial, that of DR Congo warlord Thomas Lubanga, had also been dogged by witness protection issues when former child soldiers were initially expected to testify in court with him present.

In an interview prior to the start of the Ruto trial, Richard Dowden, a writer, journalist and head of the Royal Africa Society, said the ICC risked being severely damaged.

“If the cases… were dropped because of witnesses who appeared credible, and were taken by the ICC to be credible, have withdrawn, then I think the credibility of the ICC would take a big hit because they were not able to protect the witnesses,” he said.

http://www.foxnews.com/world/2013/09/18/anger-after-kenyan-icc-trial-witness-outed-online/#ixzz2fX4hfinG

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Woman: My life is in danger for being branded as ICC witness in Kenya’s deputy pres. trial
Published September 19, 2013
Associated Press

NAIROBI, Kenya – A Kenyan woman says she fears for her life after her photo was circulated on social media and on blogs claiming she was the first witness — whose identity was hidden — to testify against Kenya’s deputy president during his trial at the International Criminal Court.

Rahab Muthoni says she reported her fears to police late Wednesday.

The attempt to reveal the identity of the first witness prompted the presiding judge in the ICC trial of William Ruto to issue a stern warning Wednesday against witness intimidation and revealing the names of protected witnesses testifying in the case.

Ruto, Kenyan President Uhuru Kenyatta and broadcaster Joshua Sang face crimes against humanity charges for allegedly orchestrating the postelection violence in 2007-08 that killed more than 1,000 people.

http://www.foxnews.com/world/2013/09/19/woman-my-life-is-in-danger-for-being-branded-as-icc-witness-in-kenya-deputy/?intcmp=obinsite#ixzz2fX5cExPb

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Chinese President differs with US and BRITAIN over UHURU/ RUTO’s ICC trial – End the cases UNCONDITIONALLY!
By staff02/09/2013 09:47:00 // News | Africa | Kenya | Chinese President differs with US and BRITAIN over UHURU/ RUTO’s ICC trial – End the cases UNCONDITIONALLY!

The Kenyan DAILY POSTPolitics06:47

Monday September 2, 2013 – The Chinese President, Xi Jinping, has strongly differed with United States and Britain over the trials of President Uhuru Kenyatta and his Deputy, William Ruto, at the International Criminal Court (ICC).

In a statement to the ICC on Friday, the Chinese President said the Chinese people support the deferral of cases facing President Uhuru Kenyatta and his Deputy William Ruto to Nairobi, saying the country has a good judicial mechanism to prosecute cases of such magnitude.

When contacted on Sunday, the Chinese Embassy in Nairobi explained China’s position on the ICC cases against the two Kenyan leaders.

“The Chinese Government understands the concerns of the Kenyan Government over the ICC cases and supports efforts by the Kenyan Government to put these cases to an end,” Said Shifan Wu, a spokesperson of the Chinese Embassy in Nairobi said.

“We hope the ICC can fully respect Kenya’s judicial sovereignty.” The spokesman added.

This is a big reprieve to Uhuru and Ruto since China has veto power (One veto vote at the UN Security Council) and the cases can easily be deferred to Kenya.

USA and Britain had initially opposed the move and with China supporting it now it is up to the court to decide the venue.

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News / Africa
Rights Activists Urge Obama to Prevent Sudan Leader’s UN Visit
September 19, 2013

Omar al-Bashir speaks during a news conference with Umma Party leader and former PM Al-Sadiq Al Mahadi. August 2013.

UNITED NATIONS — Hollywood actors George Clooney, Don Cheadle and Mia Farrow and other human rights activists on Thursday urged U.S. President Barack Obama to do everything in his power to prevent Sudan’s indicted president from attending the U.N. General Assembly.

The appeal was part of a letter addressed to Obama and signed by more than 20 activists.

World leaders gather in New York next week for the opening of the 193-nation assembly’s annual general debate. Khartoum has said Sudanese President Omar Hassan al-Bashir, wanted by the International Criminal Court for suspected genocide and other war crimes in Sudan’s western Darfur region, wants to attend.

Washington says it has received Bashir’s visa application and described the request as “deplorable.” However, the United States is not a member of the Hague-based ICC, so the court would not be legally bound to cooperate. The United States also has a special agreement that allows leaders of U.N. member states to attend the General Assembly.

Rights activists outraged

The idea of a war criminal indictee attending the General Assembly sparked outrage among human rights activists.

“Our immigration laws prohibit admitting perpetrators of genocide and extrajudicial killings into our country, and it is unprecedented for someone wanted by the International Criminal Court for the crime of genocide to travel to the United States,” the letter said.

“While we recognize that the U.S. government is obliged to facilitate President Bashir’s visit under the U.N. Headquarters Agreement, we urge you to do everything in your power to prevent the trip,” it said.

The text of the letter was made public by the Enough Project, an anti-genocide group whose co-founder John Prendergast, a former U.S. State Department official, is among the signatories.

Sudan says charges overblown

Sudan dismisses the ICC charges and says reports of mass killings in Darfur were exaggerated. It refuses to recognize the court, which it says is part of a Western plot against it.

Sudan’s ambassador to the United Nations did not respond to a request for comment.

A trip to the United States could be risky for Bashir, who has limited his travel mostly to African neighbors and Arab allies since the court ordered member countries in 2009 and 2010 to detain him if he entered their territories.

Several U.N. diplomats told Reuters they were surprised by Bashir’s request to come to the United States. One Latin American ambassador said it was a “travesty of international justice.” The U.S. mission to the United Nations did not have an immediate reaction to the letter to Obama.

A case for US courts?

The activists said the U.S. Justice Department should explore the possibility of a criminal case against Bashir under U.S. law, which allows for anyone on U.S. soil to be prosecuted for genocide, regardless of where the crimes were committed.

They also suggested that the United States offer Bashir only minimal protection required under the U.N. Headquarters Agreement, a 1947 pact between the U.S. government and the United Nations, and urge states to deny landing rights for Bashir’s plane.

State Department spokeswoman Marie Harf told reporters in Washington on Thursday that “there are a variety of considerations in play with respect to President Bashir’s visa request, including the outstanding warrant for his arrest.” She did not provide details.

Mainly non-Arab tribes took up arms in Darfur in 2003 against the Arab-dominated government in Khartoum, complaining of neglect and discrimination.

The United Nations says up to 300,000 people have died since the conflict erupted in 2003, but Khartoum rejects that figure.

Not without precedent

It would not be the first time a controversial figure who displeased the U.S. government appeared at the U.N. General Assembly session. In 1974, Yasser Arafat, leader of the Palestine Liberation Organization, addressed the General Assembly wearing a holster and denounced Zionism.

Cuban leader Fidel Castro blasted U.S. imperialism in a four-hour speech to the General Assembly in 1960. Iran’s former president Mahmoud Ahmadinejad criticized the United States and Israel in recent years, once suggesting that the U.S. government may have orchestrated the September 11, 2001, attacks.

http://www.voanews.com/content/rights-activists-urge-obama-to-prevent-sudan-leaders-un-visit/1753482.html

ICC expert says UHURU and RUTO’s cases have NO PLACE in the tribunal for war crimes – ICC is biased court

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From: Calvin Shavanga

So Charles Taylor No,the DRC matter recently ruled on No,Milosevic case-should not even have happened,.But hey a respected learned guy who went on to become judge advised Kenya to join and ratify Rome Statute.Put differently,how can a world class lawyer like Khan miss such a vital fact?

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From: maina ndiritu
Sent: Thursday, 19 September 2013, 17:48
Subject: ICC expert says UHURU and RUTO’s cases have NO PLACE in the tribunal for war crimes – ICC is biased court

Thursday September 19, 2013 – An International Criminal Court (ICC) expert who is based in Paris, France, has told Aljazeera TV that the ICC is extending its mandate by prosecuting President Uhuru Kenyatta and his Deputy William Ruto, who face crimes against humanity charges at the ICC.

John Laughland, Director of Studies at the Institute of Democracy and Cooperation in Paris and associate law professor at Harvard University said that Kenya’s post-election violence in 2007-08 has no place in a tribunal for war crimes.

“The court was set up to deal with the laws of war, not judge on every single case of sporadic violence that happens around the world,” Laughland said.

“The people who run this court want to increase their powers and are intoxicated by the idea of a supranational authority to police everything. What frightens me about that is that it is all being done without following the basic constitutional principle that all power needs to be restricted and counterbalanced.” Laughland added.

He said ICC is treating Kenya as a pariah state where he urged the ICC to rethink their strategy before prosecuting the two cases.

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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 & ICC: MPs presence at the Hague has got no legal value

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From: dick.aduonga

The on-going case at the ICC is about individuals and not KENYA. It is also a very sad moment for both gentlemen, Mr William Ruto and his colleague Mr Joshua sang. It is correct that they deserve all our moral support at this difficult time. But whatever support we offer them must be measured and reasonable. It has to be within the legal jurisdiction so that those accompanying him to the Hague are not seen as some charlatans.

The accused are accompanied by some of the best legal minds. They have also stated on many occasions that they are at the Hague to defend themselves by employing the services of these wise barristers. In my view as important as it is, let the MPs give Mr Ruto and Sang the space to consult with their lawyers, because so far it appears the MPs are intent on making more perilous political statements for their own domestic political survival, than actually, helping the two win their cases. The MPs presence at the Hague has got no legal value whatsoever on the case. Their unruliness in court may even be interpreted as interference as some are not happy with the witness protection conditions.

The defence team already have details of the witnesses so there is no need for the MPs to know their identities. The legal battle is in court, Ruto and Sang should be given every available opportunity to consult with their legal teams. Mr Wiilliam Ruto, especially, cannot afford to serve the needs of the large number of MPs who constantly seek his attention whenever he has a few seconds to spare and at the same time give total attention and loyalty to the court process. The MPs must spare a thought for these people and their families as this is not time for singing birthday songs.

Wishing Mr William Ruto and Joshua Sang a successful outcome.

Thanks

Dickson Aduonga

KENYA: BRIBING ICC WITNESSES: WHO IS TELLING THE TRUTH?

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From: Ouko joachim omolo
The News Dispatch with Omolo Beste
THE HAGUE SPECIAL TAKE-5

THURSDAY, SEPTEMBER 19, 2013

The cross-examination of the first prosecution witness did not take place at The Hague yesterday as had been expected following claims that there were threats and intimidation against the witness, including attempts to bribe them, threaten or intimidate them from testifying.

This brings us to the big question as to who exactly is telling the truth on who are bribing the witnesses. While ICC Chief Prosecutor Fatou Bensouda alleges that witnesses are withdrawing because they are being bribed by the accused, the Kenyan Daily Post reports that actually it is the ICC prosecution that is bribing the witnesses.

According to the Daily Post ICC is using bribes to lure witnesses to testify against Ruto and his co-accused Joshua Sang after a witness who recanted his testimony on Sunday revealed that the Office of the Prosecutor is seeking a refund of Ksh 3.2 million he was allegedly given to testify. If this allegation is true then this is a very serious matter.

The Kenyan Daily Post reports that the witness who was among the four who recanted their testimony revealed to journalists that he was expected to give false evidence about the attack at the Kenya Assemblies of God Church in Eldoret.

On the other hand, in a video clip seen by Capital FM News on Wednesday, one of the witnesses they revealed his identity but The News Dispatch with Omolo Beste has not due to directives from the court maintained that the OTP had fabricated evidence against Ruto and Sang and had even told witnesses what to say.

The report claims that the witness explained to journalists how they were told not to hesitate, scratch their noses, touch the back of their ears, faces or neck when being cross-examined because the judges would not trust their testimonies.

He claimed that he was given maps of Ruto’s Sugoi home and asked to sketch what he was seeing while at the same time verbally explaining the same in Kalenjin. This sketch shows the sitting room, the fridges, the bedrooms, despite that the witness has never been to Ruto’s house.

The witness said he was also asked to say that he was present at a place where it is alleged that an oathing ceremony took place. Almost 50 percent of Ruto’s witnesses have withdrawn.

Another witness whose name we are not going to reveal claimed he was given Sh50, 000 for his accommodation and a further Sh373, 000 for him to testify against Ruto. He also claimed that he was further given Sh 380,000 as inducement fee to remain in the case.

They said it was in Arusha, Tanzania where ICC witnesses were coached and then flown to Netherlands.

But according to Bensouda it is the accused who are actually bribing the witnesses. She claimed last year that Uhuru Kenyatta bribed witness 4 to drop his evidence against him.

In a special sitting with Pre-Trial Chamber V judges at The Hague, Bensouda said the controversial witness had confessed to accepting money last May from Uhuru’s alleged emissaries to withdraw his testimony.

“Witness 4 revealed in May 2012 interview that he had been offered, and accepted, money from individuals holding themselves out as representatives of the accused to withdraw his testimony against Uhuru,” Bensouda was quoted to have said.

The witness according to Bensouda provided emails and bank records that confirmed the bribery scheme. In light of these cumulative revelations, the prosecution considers it is not useful to call him as a witness.

The witnesses TP002, TP0004 and TP0410–all survivors of the Kiambaa arson attack–and C6 whose statement was used to confirm the Ruto cases have so far withdrawn citing pressure from family and the fact that the Kalenjin and Kikuyu communities are living in harmony.

Reports indicate that the withdrawal of witness TP002, who has been living in a safe house in the United Kingdom, will deal a serious blow to the Office of the Prosecution which has been depending on his testimony for a concrete case.

The three Kiambaa fire survivors who lost relatives and property said they have withdrawn from the case due to the prevailing peace in the country. The three are reported to have fled Eldoret and settled in Ol Kalou, Nyahururu and Nakuru following the arson attack.

Similar claims are also reported by Jackal News that the main reason why the witnesses are not willing to testify is because they are demanding more money, stressing that unless the witnesses are paid the extra money they are demanding, it is likely they would boycott attending the hearings.

On the issue of Kenya withdrawing from Rome Statute, people have expressed different opinion. Kenya Conference of Catholic Bishops (KCCB), Justice and Peace commission has termed withdrawal from the ICC as voting for impunity.

Chairman of the Catholic Justice and Peace Commission, Archbishop Zacchaeus Okoth said on behalf of the conference that voting to withdraw Kenya from the Rome statute would hinder the court’s ability to investigate crime in Kenya now and in the future.

This move, he added would strip Kenyan people one of the most important human rights protections. In the spirit of protection of human rights and respect for the rule of law, the bishop said Kenyan parliament, the senate and the government should note that a ‘guilty or not guilty’ is all that Kenya needs from the ICC.

On his part, former Bahati Member of Parliament and human rights activists, Koigi wa Wamwere, attempts to withdraw from Rome Statute entails that dictatorship which has always been a problem for mankind will continue.

To survive, mankind he says must fight dictatorship and ICC is one means of eradicating tyranny not just in Kenya or Africa but the whole world.

Withdrawal from ICC he insists will terminate rule of law and entrench impunity in Kenya. ICC was established in 1998, long before it was known that Uhuru would be President and Ruto Deputy President of Kenya.

Koigi wonders why ICC is being portrayed as if it was established to maliciously prosecute Uhuru and Ruto and enthrone Raila Odinga. He says ICC did not come looking for Kenyans to prosecute.

It is the other way round. It is Kenyans who took themselves to The Hague saying ICC justice was better than Kenyan justice, also believing it took ICC more than 90 years to prosecute a case and Kenyan suspects were therefore beyond prosecution.

There are 122 countries which are States Parties to the Rome Statute of the International Criminal Court. Out of them 34 are African States, 18 are Asia-Pacific States, 18 are from Eastern Europe, 27 are from Latin American and Caribbean States, and 25 are from Western European and other States. Click sources to read more.

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

CHINA orders ICC to drop UHURU/ RUTO’s ICC cases unconditionally – Kenya is not a Pariah State, warns US/ Britain

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From: maina ndiritu

Wednesday September 18, 2013 – The Chinese Government has urged the International Criminal Court (ICC) to drop the two Kenyan cases facing President Uhuru Kenyatta and his Deputy William Ruto saying Kenya is not a Pariah State

In statement read by Chinese Government Spokesman, Hong Lei, on Wednesday, the Chinese Government said President Uhuru Kenyatta and his Deputy William Ruto were elected in a democratic and fair manner and ICC and other Western powers (US and Britain) should respect the country’s sovereignty.

“We have noticed that there are different voices in Kenya on the ICC trials, and that quite a few African nations have raised serious questions about the trials,” Hong said Uhuru and Ruto were elected by Kenyans in a free vote, Hong said, adding that an African Union summit in May urged the ICC to transfer the trials of Kenyan leaders to Kenya.

“We hope the international community will respect the Kenyan people’s choice, and the ICC will heed the advice of African nations and the African Union,” he said adding that the Chinese President will formally meet with ICC officials in order to urge them to respect Kenya’s sovereignty.

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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 BURNT KIAMBAA CHURCH AND WHY?

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From: Ouko joachim omolo
The News Dispatch with Omolo Beste
THE HAGUE SPECIAL TAKE-4

WEDNESDAY, SEPTEMBER 18, 2013

Deputy President William Ruto’s ICC cases may be dismissed for lack of evidence and dropping of the key witnesses alright, but as to why and who burnt Kiambaa PAG Church in Eldoret with 35 victims, who were attacked and torched inside in the church on January 1, 2008 at the height of the poll violence, remains unanswered.

A man whose father and brother were killed when armed youths set the church on fire has withdrawn his testimony against Ruto. The man, whose identity has not been disclosed, has reportedly written to chief prosecutor Fatou Bensouda saying that he no longer wished to be her witness against Ruto and his co-accused Joshua Sang.

In his affidavit, the witness who asked Bensouda to delete all his evidence from her record said that he does not recall the accused uttering any inciting statements or participating in the violence.

He becomes the seventh witness to withdraw from the case in the last few months. He is however the first from the Kikuyu community to recant his evidence. The rest have been from the Kalenjin community.

At least 35 people, mostly women and children, died when marauding youths set the church where hundreds of people displaced by the fighting in Kimuru had sought refuge. Seventeen people were burned alive in the church and another 11 died in or on the way to the Moi Teaching and Referral Hospital.

Although Bensouda in her Pre-Trial Brief claims that on November 23, 2007, Ruto and 100 prominent Kalenjin leaders and 3,000 youths gathered at the Mimuri farm of businessman Mark Too to plan the attack, Ruot has denied the allegations.

According to Bnsouda however, Ruto addressed the meeting and stated that the youth would be taken care of and asked to be informed if there was any shortage of money. Bensouda claims it was this group of youths who attacked the Kiambaa church soon after the election results were announced. Kiambaa church was a target because it was densely populated with Kikuyu.

Although Ruto has denied any responsibility, according to former chief prosecutor Moreno Ocampo, immediately following the announcement of the 2007 presidential election results, a “Network” of youth militia was organized by Ruto to execute attacks against Gikuyus in various locations in Uasin Gishu and Nandi Districts, including Turbo town, the greater Eldoret area (Kiambaa, Yamumbi, Haruma, Kimumu and Langas), Kapsabet town, and Nandi Hills town, with the intent to expel them from the Rift Valley.

The brunt of the attacks occurred from 30 December 2007 through the first week of January 2008. Ocampo specifically noted that the investigated crimes against humanity occurred predominantly within a 25 kilometre radius of a house that Ruto owns in Sugoi (Uasin Gishu District), where he held meetings to plan the attacks.

Specifically on December 30th, 2007, according to Ocampo, Ruto’s Network of youth attacked the village of Kimuri in Uasin Gishu District forcing hundreds of women and children to flee to the neighbouring village of Kiambaa, where they sought refuge in the small Kenya Assemblies of God Church.

The next day, December 31st, 2008, word had spread around that Gikuyu speaking refugees were sheltered within the Kiambaa Church. Ocampo found that on January 1st 2008, Ruto’s Network attacked the Church, doused mattresses and blankets with petrol and threw them in the building.

They blocked all exit points from the Church and mothers and babies who were trying to flee the inferno were pushed back into the church. Kikuyu men attempting to defend their church and loved ones were hacked to death with machetes, shot with arrows, or pursued and killed.

The evidence tends to show that William Ruto promised perpetrators monetary reward in exchange for the destruction of Kikuyu buildings and every Kikuyu person killed.

Ruto was quoted in Wikileaks cable telling the American government that the Kiambaa church was the result of an accidental fire and he should not be accounted responsible for it. Ruto was meeting Ambassador William Ranneberger, Assistant Secretary of State for Africa Johnnie Carson and National Security Council director Michelle Gavin on May 12, 2009, almost 17 months later.

Ruto’s statement contradicts the Waki Commission report stated in 2009 that “the incident which captured the attention of both Kenyans and the world was the deliberate burning alive of mostly Kikuyu women and children huddled together in a church in Kiambaa on 1 January 2008.

Kikuyu men attempting to defend their church and loved ones were hacked to death with machetes, shot with arrows, or pursued and killed. Instead Ruto expressed frustration with the media, which he felt had blamed members of his Kalenjin group for locking and burning down the church.

Here is the summary of Ocampo’s file on ICC:

26 November 2009- ICC Prosecutor Moreno-Ocampo files a request seeking authorisation from Pre- Trial Chamber II to open an investigation in relation to the crimes allegedly committed during the 2007-2008 post-election violence in Kenya.

31 March 2010- The three-member Pre-Trial Chamber II issues a majority decision that there is a reasonable basis to proceed with an investigation into the situation in Kenya in relation to crimes against humanity within the jurisdiction of the Court committed between 1 June 2005 and 26 November 2009.

15 December 2010- The ICC Prosecutor requests the issuance of “summonses to appear” for six individuals alleged to be responsible for the commission of crimes against humanity in the Kenya investigation: William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang (case one) and Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohamed Hussein Ali (case two).

8 March 2011- Pre-Trial Chamber II issues the “summonses to appear” for the six individuals, as it finds reasonable grounds to believe that they committed the crimes alleged by the Prosecutor.

31 March 2011-The Kibaki government files an application challenging the ICC’s jurisdiction over the cases.

7 April 2011- The first three suspects (Ruto, Kosgey and Sang) make their initial appearance before the Court in The Hague.

8 April 2011- The second group of three suspects (Muthaura, Kenyatta and Ali) make their initial appearance.

1 September 2011-The hearing to confirm or reject the charges begins for the first three suspects (Ruto, Kosgey and Sang).

21 September 2011-The hearing to confirm or reject the charges begins for the second three suspects (Muthaura, Kenyatta and Ali).

23 January 2012- Charges against Henry Kosgei and Ali are dropped-shortly thereafter Kibaki directs AG to create a committee of experts to look into the decision of the ICC and advice his government accordingly.

11 March 2013-ICC officially drops all charges against Francis Muthaura who was accused alongside President Uhuru Kenyatta of crimes against humanity during the 2007-2008 post-election violence.

The decision came after the cases of Kenyatta and Muthaura were postponed because a key witness was discredited in Muthaura’s case and other witnesses refused to testify or have died.

Muthaura was accused of authorising police use of excessive force against protesters and of having protected youth militia members of the Party of National Unity of the election’s winner, President Mwai Kibaki. He also allegedly took part in meetings during which attacks were planned.

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 & ICC: Big boost for UHURU/ RUTO as Netherlands itself supports their bid to withdraw from the Rome Statute.

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From: maina ndiritu

Sunday September 15, 2013 – The bid by President Uhuru Kenyatta, and his Deputy, William Ruto’s Jubilee, to pull Kenya out of the Rome Statute has received a shot in the arm after Netherlands, which hosts the infamous International Criminal Court (ICC), agreed to support Kenya’s push.

This was revealed in a meeting in Netherlands where the country’s three main parties of Social Democrats, Christian Democrats and Liberals, invited Kenya’s National Assembly Majority Leader, Aden Duale and other MPs who accompanied William Ruto to The Hague, to a meeting to discuss Kenya’s withdrawal plans.

The Netherlands agreed to the Kenyan position about ICC after the legislators persuaded them to understand the stand that the Kenyan Government had taken, saying the International Criminal Court (ICC) indeed needed reforms to execute its original mandate.

“They bought our argument and even agreed to raise the matter at State Party Conference in November, saying ICC indeed needs reforms. The feeling was that ICC gives more hearing to civil societies that it does to State parties”, said Duale.

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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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IS KENYAN DAILY POST PAID TO SPREAD RUMORS ABOUT ICC?

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From: Ouko joachim omolo
The News Dispatch with Omolo Beste
THE HAGUE SPECIAL TAKE-3

THURSDAY, SEPTEMBER 12, 2013

Erick from Kitale would like to know why Deputy President William Ruto is over confident cases against him at the ICC will be dismissed and why The Kenyan Daily Post has been writing in favor of Uhuru and Ruto and not Joshua arap Sng since the cases began at The Hague? Who owns the blog and is he/she paid to write in favor?

Erik would also like to know whether video clip played by Deputy President William Ruto’s lawyer, Karim Khan showing former Prime Minister, Raila Odinga, calling for mass action in 2007 can implicate him.

The three questions asked by Erick are crucial. My take here is that Ruto has seen there is no case before him following witnesses, some of whom are dropping, arguing they have been forced or coached to bring false evidences against Ruto and Uhuru.

Already Ruto’s defence team is likely to press for early dismissal when his case resumes next Tuesday. This is following Ms Bensouda’s failure to produce her first witness on the opening day.

At the conclusion of his opening statement, Mr Khan challenged Ms Bensouda to concede early that her case was fatally defective and withdraw it in the interests of justice.

As to whether The Kenyan Daily Post has been paid to write in favor of Uhuru and Ruto and who owns the blog, my take here is that it could be possible following recent revelation.

The owner of the Kenyan Daily Post blog has remained anonymous for a long time, not until recently he was uncovered at a page calling itself “The Truth Kenya” His name is Timothy Rioba Obare, graduated from Kenyatta University a few years ago.

From pictures obtained from his facebook profile, he seems to be making some good money from his blog, worth roughly $176,000 (US Dollars) which is about 14m Ksh!! Sources also reveal that he does most of the editing and posting on his own and he is also paid by people who want damaging articles written and posted to his website.

Recently he posted in his website blog how Uhuru and Ruto will be found not guilty by ICC judges except Sang. In his blog Obare argues that the exoneration of Muthaura from the case has weakened Uhuru’s case, therefore, as Muthaura was found not guilty, so will Uhuru.

Similar argument is also on Ruto. He argues that there is no logical reason why Kosgey would be free and Ruto going to jail. Most of the accusations against Ruto will not stand trial, so like Uhuru judges will find him not guilty.

It is only Joshua arap Sang will be found guilty since the ICC court has enough audio recording to cement that indeed Sang was inciting Kalenjins to kill the Kikuyus. If this happens, Obare argues, Sang will be among the first Kenyan Citizens to be imprisoned at the ICC court.

In his September 11, 2013, Obare narrates how the European Union’s ambassador to Nairobi, Lodewijk Briet, has said that cases facing President Uhuru Kenyatta and his Deputy President William Ruto will be dropped before December this year, for lack of evidence, and that Uhuru and Ruto’s cases may also be dismissed on technical grounds or economic diplomacy.

He quotes Briet as saying that the cases have already split the Western nations, where majority of them calling for the dismissal of the cases since they are politically castigated.

“The cases worry the West, which sees a stable Kenya as vital to regional security and the fight against militant Islam,” Briet is quoted to have said.

He said Uhuru and Ruto’s cases cannot be compared with Sudan’s President Omar al Bashir’s cases because the two have cooperated with the court from the beginning.

On the third question whether the video clip dated December 31, 2007 where Odinga can be seen and heard calling for mass action arguing that the 2007 poll was rigged; Ruto is then heard whispering to him to include the word ‘peaceful’ in his call can be enough reason for Raila to be indicted by the ICC.

If it was talking peace, even Raila did the same. On January 23, during a memorial service in Nairobi for victims of the violence, Raila was quoted to have said: “Tribes should not fight because “this is a war between the people of Kenya and a very small bloodthirsty clique clinging to power”.

Lawyer Karim Khan played the video four times to the court maintaining that his client had nothing to do with the bloody events that followed the controversial 2007 election.

Khan argued that Ruto did not ask anyone to kill or loot property of those perceived as enemies of the Orange Democratic Movement (ODM), to which he belonged at the time.

Khan’s intention for playing the video clip is not to implicate Raila at ICC. His intention was to prove the fact that Ruto whispering “peaceful” to Raila was an indication that Ruto would have not planned for the violence that killed 1,100 and displacing 600,000 people.

Another reason why Raila cannot be indicted is because mass action is not only a constitutional right; freedom of association, expression and peaceful protest guaranteed even in the old Constitution, there isn’t a democratic constitution or international convention in the world that prohibits those fundamental rights; which are inalienable to all human beings by virtue of their humanity.

Mass action is used against the perpetration of wrongs; the infringements of fundamental rights and freedoms; and to take action against dictatorship and autocracy; are both ancient and fundamental. That is why it is used all over the world.

Mass action has led to the popular replacement of repressive governments and even the revolutionization of society. We saw it during the French Revolution. We saw it again during the American Boston Tea Party and the American Revolution against the British Empire.

It was visible again and again during apartheid regime in South Africa. India during its independence struggle against British colonialism; African Americans during the civil rights movement; and Latin America during the fight against military juntas; taught the world about the power of mass movement.

Here in Kenya, it was mainly mass action – not armed struggle – that swept the autocratic regime of Daniel arap Moi from power. And it has been largely to mass action that Kenyans have successfully staved off imminent relapse to autocracy since 2003.

The Hague special take-4 resumes Wednesday

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

KENYANS ARE ALL GUILTY OF POST-ELECTION VIOLENCE

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From: Ouko joachim omolo
The News Dispatch with Omolo Beste
THE HAGUE SPECIAL TAKE-1

TUESDAY, SEPTEMBER 10, 2013

As Deputy President William Ruto faces the International Criminal Court (ICC) charges today, as Kenyans we must examine our consciences and admit that when it comes to post-election violence in the country all of us are guilty.

ICC cases against Ruto, President Uhuru Kenyatta and Journalist Joshua arap Sang are only an effort to help pull Kenya back from the brink of chaos after the disputed election in December 2007 which set off widespread protests and ethnically fueled fighting, killing more than 1,000 people, 6000 displaced and dozens of people seeking refuge in a church in Eldoret were burned to death by a mob, believed to be Ruto’s supporters.

According to witnesses, the mob was mostly Kalenjins, Luhyas and Luos, Mr. Odinga’s tribe, which makes up about 13 percent of the population. They overran Kikuyu guards in front of the church and then pulled out cans of gasoline. There were no police officers around. The Eldoret area had become a killing zone, targeting Kikuyu communities.

Against the background that Uhuru Kenyatta has been accused of using Kikuyu street gang called the Mungiki to be take revenge. The Mungiki were sweeping through the slums of Naivasha and killing mainly Luos.

In Kibera, a slum of one million people near Nairobi, thousands burned buses, homes and shops. Click here to see More Photos » . In several cities across Kenya, witnesses said, gangs went house to house, dragging out people of certain tribes and clubbing them to death. In Mathare, a slum in Nairobi, Luo gangs burned more than 100 Kikuyu homes.

As the riots spread, the government took the first steps toward martial law on Sunday night and banned all live media broadcasts. It had been predicted that the vote would be close, and the final results had Mr. Kibaki winning by a sliver, 46 percent to 44 percent.

Although according to observers witnessed election officials in one constituency announce on election night that President Kibaki had won 50,145 votes. On Sunday, the election commission increased those same results to 75,261 votes.

The electoral commission chairman, Samuel Kivuitu, despite protests declared Mr. Kibaki the winner, with 4,584,721 votes compared with 4,352,993 for Mr. Odinga — a spread of about 2 percent.

Even though there were irregularities, the commissioners said, it was not their job to deal with them- it was the judicial system to provide peaceable avenues to address these complaints. Mr Odinga refused to go to court, saying Kenyan judicial systems cannot be trusted. Mr. Kibaki was sworn in almost immediately after the results were announced.

Voting followed tribal lines, with a vast majority of Luos going for Mr. Odinga and up to 98 percent of Kikuyus in some areas voting for Mr. Kibaki. In Kenya voting along tribes do matter very much, and is not likely to end soon, not until in 50 years to come.

The early results showed Mr. Odinga well ahead and more than half of Mr. Kibaki’s cabinet losing their Parliament seats and therefore their jobs. It is here that Raila alleged that votes have been stolen, hence violence.

Election observers said the president’s party had changed tally sheets to reflect more votes than were cast on election day. In some areas, there were more votes for the president than registered voters. Western governments, including the United States were calling for a vote recount in vain.

The research by the youth agenda revealed how electoral violence took different forms. The main ones were fatal attacks, physical assault, verbal assault, destruction of property, obstruction, incitement to violence and hate speech.

Post-election intensified in ‘92 elections, the first after the country’s return to multiparty politics in 1991, the country witnessed unprecedented election-related bloodbath as a result of the politically instigated ethnic clashes.

The clashes instigated by the then Moi-KANU regime claimed the lives of over 700 Kenyans. This was repeated again in 1997. The 2002 general elections were, for instance, relatively violence-free. The elections were a stack contrast with the 1997 and 1992 elections which were undoubtedly violent.

It explains why in Kenya politicians often switch parties based on expediency. The one of Uhuru Kenyatta was an extraordinary one. The launch of T.N.A. also gave him a platform to reject the I.C.C.’s mandate to prosecute him.

In a speech he made during the launch, Kenyatta pointed reference to “sovereignty,” a popular argument against cooperating with the international court. Politicians from the camps of Mr. Kenyatta and Mr. Ruto have denounced the court as biased.

But then court prosecutor, Luis Moreno-Ocampo, countered that Kenya had failed to conduct any credible investigations into who organized the violence. On the contrary, he said, the government had orchestrated a campaign to halt any serious inquiry of the killings, rapes, and persecution of unarmed civilians.

Take-2 continues tomorrow
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 RUTO IS CONFIDENCE THEY WILL OVERCOME ICC CASES

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From: Ouko joachim omolo
The News Dispatch with Omolo Beste
MONDAY, SEPTEMBER 9, 2013

There are several reasons why President Uhuru Kenyatta and his deputy William Ruto are confidence they will overcome cases facing them at the International Criminal Court.

One reason is to do with what Nairobi Women Representative Rachael Shebesh has sensationally stated that former Prime Minister, Raila Odinga, is the one behind woes President Uhuru Kenyatta and his Deputy William Ruto are facing at the International Criminal Court (ICC).

Speaking to NTV’s Larry Madowo, on Thursday, Shebesh said since she was a former ODM member, she truly knows that the former PM, colluding with civil society groups incriminated President Uhuru Kenyatta and his Deputy William Ruto at the ICC.

Shebesh revealed that during the March 4th election the former PM approached Deputy President Ruto and promised him if he joins his side (CORD alliance), he will make sure ICC cases are brought back in the country.

According to Shebesh this is enough evidence to prove that indeed the former PM colluded with United States and Britain to incriminate Uhuru and Ruto so that he can ascend to Presidency through the back door.

This is what the two leaders referred to when they said they will clear falsehoods peddled against them and radio presenter Joshua Sang. The two leaders expressed their confidence during the official closing down of Internally Displaced Camps occasioned by the 2007/08 post election violence, and the eviction at the Mau forest.

They told IDPs that they know what lies ahead of them, saying they shall overcome and come back home free men.

Another reason why the two leaders are confidence is what Ruto’s lawyer Mr Mr Khan has alleged that the families and children burned in the Kiambaa Church in Eldoret were part of a blockbuster movie that was being screened in the area.

He says the ICC will be wrong to charge people who were only producing a film for the African jungle.

The other reason is to do with the withdrawal of witnesses, who were scheduled to testify but have changed their mind.

Recently, three witnesses in the case one involving Ruto and former radio presenter Joshua Sang pulled out. The prosecution has claimed that some of the witnesses recanting their statements had been bribed and they have launched investigations into the matter.

The number of witnesses, who have withdrawn from the two cases is said to be over 12, out of the original 40, increasing raising concern from the Prosecutor and the Witness Protection Unit of the ICC. The latest case of withdrawal was that of two witnesses, who recanted their statements through affidavits and letters written to the ICC prosecutor.

The two witnesses, a former NGO social worker and a former Kass employee, have already filed their withdrawal affidavits and other documents with the ICC’s Office of the Prosecutor, Registry, Office of the Counsel for Defense and Office of the Counsel for Victims.

Those witnesses from the Ruto case, who have signed affidavits seeking to be removed from the list include witness numbers 2, 8 and 0336, but the ICC has not yet responded to the affidavits.

The last reason is the failure by Chief Prosecutor Fatou Bensouda to appeal a decision to expand the scope of Ruto’s charges. Bensouda is seeking permission from Pre-Trial Chamber II judges to include further incidents of rape, murder and deportation that allegedly took place between December 30 and 31, 2007.

Through his lead counsel Karim Khan, Ruto maintained that the late attempt to amend charges against him to include the two days would result in an unfair burden for his defence team and would unduly compromise his rights.

Judge Ekaterina Trendafilova, sitting as a single judge rejected Bensouda’s application arguing that allowing such an amendment in the absence of any justification would be an ‘unfair burden’ to the defence, which would require time to conduct its investigations.

Uhuru is accused of meeting Mungiki youths and organising them to retaliate the killings of PNU supporters in parts of the Rift Valley.

Following his own investigations, Ocampo identified six persons against whom he claimed there were sufficient grounds to believe they bore the highest responsibility over the violence. One of them was Uhuru, then Deputy Prime Minister and Finance Minister.

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

I DON’T CARE WHO GOES TO THE HAGUE-MY WORRY IS THE HIGH COST OF LIVING

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From: Ouko joachim omolo
The News Dispatch with Omolo Beste
FRIDAY, SEPTEMBER 6, 2013

Some of you have asked my take on Jubilee government voting to pull Kenya out of ICC and whether the ICC cases against President Uhuru Kenyatta and his deputy William Ruto should be a Kenyan concern.

In fact I don’t care who goes to The Hague, whether Uhuru, Ruto, Raila or Kibaki. My worry is what Eldoret Catholic Bishop Cornelius Korir has expressed, that Jubilee coalition leaders should accommodate views expressed by the opposition in order to avoid tribal or regional divisions and conflict among Kenyans.

Bishops Korir put it rightly that the more Jubilee leaders, particularly President Uhuru and his deputy Ruto continue to attack opposition leader Raila Odinga in public the more they plant seeds of hatred among tribes.

Recently Uhuru attacked Raila in public in Kwale when he was issuing title deeds to landless. On his part Ruto has been intimidating Raila referring to him as the man of vitandawili, asking Kenyans to disown him since he cannot make any leadership in Kenya even if he changes constitution hundred times.

Uhuru and Ruto are like the fathers of Kenyans, and by talking hill of some of their children is not healthy at all. They should learn from Kibaki who people thought was coward by keeping silence, pretending as if something had happened from the opposition leaders.

Against the background that in reference to calls for a referendum by Raila, Korir said there was no need for Jubilee leaders to be agitated. According to bishop Korir, if the country’s leadership does not want to remain focused, be sure of distraction.

Bishop Korir instead wants Jubilee government to accept and appreciate dissenting voices because they have a significant role to play in democracy, saying that we must have such people otherwise the country will not be good. It will not be good if everyone is laughing or if everyone is angry at each other.

He observed that opposition creates a balance in society and must, therefore, not be demonized. The bishop made the remarks while presiding over the North Rift thanksgiving service for disciplined officers and their families at Sacred Heart Cathedral in Eldoret at the weekend.

My second worry is again on what bishop Korir refers to as ‘unga’ revolutionary. Bishop Korir had warned that should Jubilee government pass the value-added tax bill (VAT), then there would be unga revolutionary in Kenya.

Korir’s concerned is that by passing VAT ordinary citizen would suffer great deal. This is because, taxing essential goods has a negative impact on consumption because it affects the poor, who have to make choices everyday on what to buy or not.

When the bill was presented in the parliament for discussions, I saw bishop Korir on TV almost shedding tears as he pleaded with Jubilee government to reconsider the bill, saying if they pass it there would be revolution.

Poor Mwananchi is affected because when prices of essential goods rise, consumption is likely to diminish and that ends up affecting production, especially milk farmers.

Already, the VAT on processed milk is coming in the backdrop of a looming shortage that has already seen the price of milk go up by between Sh5 to Sh10. All processed dairy products such as pasteurised milk, fermented milk, long life milk, yoghurt, milk powder, butter, cheese and ghee have been put in the tax bracket.

This burden will be borne by consumers. Higher milk prices will see many consumers stop taking milk or cut consumption, negatively affecting growth of the dairy industry.

A 500 ml packet of milk currently retailing at Sh45 could cost as much as Sh52 or more. There will be a continuous progression of price hikes and the cost of living will go up considerably.

Cooking gas, electricity, exercise books and mobile phones will also attract a 16 per cent tax charge under the VAT Act 2013, signalling that their prices will rise by a similar margin.

Currently, Kenya has a low level of savings mainly because there are very few people who have steady incomes that are large enough to allow for more income other than for survival.

While the salaries of these few workers also have to be shared with other dependants, which further reduces savings, millions of youths have no jobs while millions of workers are living on starvation wages that cannot now enable them to live from hand to mouth.

In fact Kenya is slowly becoming one big prison where millions are threatened with death because there is no food to eat, especially poor Kenyan workers and millions of unemployed youths who can no longer put food on the table.

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

KENYANS SHOULDN’T BE FOOLED-UHURU AND RUTO CASE ISN’T KENYAN

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From: Ouko joachim omolo
The News Dispatch with Omolo Beste
THURSDAY, SEPTEMBER 5, 2013

Last evening I spent much of my time following the debate on my Facebook account concerning Jubilee MPs recalling parliament to withdraw Kenya out of the International Criminal Court, in advance of a crimes-against-humanity trial of the deputy president, William Ruto due on September 10, 2013. This is after the efforts by the African Union to have the ICC cases returned to Kenya or Arusha, Tanzania failed.

Facebook fans were debating whether the motion which is to be debated today afternoon will succeed to withdraw Kenya from Rome statute. No doubt for sure that Jubilee will pass the motion to withdraw it because it has the number. But will it solve the criminal cases against Uhuru and Ruto?

One fact that cannot be denied is that, even if CORD will oppose a bill as it has expressed, Jubilee will still win. The bill is being fronted by leader of majority in parliament Adan Duale that seeks to have Kenya withdrawal from the Rome Statute.

It is true that what matters in Kenya is the number not whether leaders elected are for the benefit of Kenyans or not. Uhuru won the election because he had 4 million votes from Gekuyu, Embu and Meru (GEMA) together with Ruto’s Kalenjin tribesmen 2 million that made it to 6 million.

These two tribes still voted for Uhuru despite the fact that they were warned not to vote him because of the ICC cases Uhuru and Ruto had. They were even warned that should Uhuru be elected life of common citizen would suffer a great deal because prices of essential commodities would shoot up because part of this money would be used for their cases.

Currently milk farmers are already crying foul because the price of a packet of milk which used to be Ksh 45 is now sold at Ksh 55. It means farmers will not benefit from their milk.

Fuel is up, which means the transport of public vehicles will hike the fare. Unga has shot up- electricity is up, just mention a few. This affects all Kenyans, including the tribes that voted Uhuru as a bloc.

Ruto’s trial at the ICC is expected to begin on September10 and he is expected to be out of the country for three weeks after his attempt to have a two-week interval hearings failed after the judges rejected the application.

President Uhuru kenya’s trial is expected to start November 12 and continue for weeks, even though ICC has scheduled Friday this week (tomorrow) for a status conference to discuss Uhuru’s request to be present through his trial that kicks off on November 12 via video link.

The good news is that a planned parliamentary vote on withdrawal from the Rome Statute of the ICC will do nothing to affect the upcoming trials of Ruto and Uhuru. This is according to the Coalition for the ICC.

William Pace, convenor of the Coalition for the ICC said this week that Kenya gains no legal advantage by withdrawing from the ICC. The Rome Statute makes quite clear that obligations related to existing investigations continue even in the event of a withdrawal.

Under the rules set forth in the Rome Statute, withdrawal would not technically occur for one year. Civil society from around Africa has spoken strongly against withdrawal.

Uhuru and Ruto cases at The Hague is not Kenyan case, that is why the act by the Kenyan government to withdraw its membership from the Rome Statute and the ICC is only a move to protect individuals within Kenya but not the 600,000 citizens who suffered from the post-election violence and today live with fresh memories, the wounds, the disappeared, the dead relatives and are waiting for justice still in vain.

Ruto is facing three counts of crimes against humanity for allegedly organising 2007-2008 post-election unrest that killed at least 1,100 people and displaced more than 600,000. The government has not considered how the victims are going to be compensated. This is because they are not interested in doing so.

Although both Kenyatta and Ruto have said they will cooperate fully with the court but deny the charges against them, the fact that they are threatening to withdraw from ICC membership is reason enough to argue that they are not cooperating.

If it was someone else, not Uhuru and Ruto, the withdrawal would have not been there. It explains further why ICC is not the interest of Kenyans as Duale wants to force it. To date, the only active front in that quest for justice is the ICC process and not the victims.

Joyce Laboso, Jubilee parliamentary deputy speaker, issued on Tuesday the order for the “special sitting of the assembly”, with parliament to meet on Thursday (today).

When Kenya Ratified the Rome Statute establishing the ICC in 2005 and domesticated it through the International Crimes Act of 2008, it follows that the Constitution cannot and will not protect a president from prosecution at the ICC or in Kenya for Crimes under the Rome statute.

The Hague-based court was set up in 2002 to try the world’s worst crimes, and countries voluntarily signed up to join. Kenya is one of those countries that signed it. Any actual withdrawal therefore, it requires the submission of a formal request to the UN, a process that would take at least a year.

Foreign ministers meeting in Addis Ababa resolved to draft proposal to urge the court to return to Kenya the cases against President Uhuru Kenyatta and Deputy President William Ruto.

The United Nations Security Council can ask for a case to be deferred for a year but does not have the authority to order the ICC to drop a case completely. However, when Ms Fatou Bensouda dropped charges against Francis Muthaura she said one of the reasons was that the government had failed to cooperate with the court.

Bensouda threatened to report Kenya to the UN Security Council if the country does not cooperate with her office. She also claims that Attorney General Githu Muigai has blocked her team from collecting evidence and accessing witnesses in a conflict that may throw a cloud over the future of the cases facing Uhuru and Ruto.

Ms Bensouda declares that there are more than six pending requests in terms of documentary evidence and access to witness which the government has either denied (the ICC) access or outrightly delayed in acting.

Should it fail to meet the ICC deadlines, she warned, she would not hesitate to seek assistance from the UN Security Council as provide for under Article 87(7) of the Rome Statute. The article allows the ICC to report state party which has refused to cooperate.

Ms Bensouda submits that the government has declined to fully cooperate with her office in the investigations, seriously limiting her ability to prove the charges facing the three and stemming from the 2007/8 post-election violence.

The Kenyan government’s proposal to withdraw from the ICC is one of such none cooperation required.

While Ruto is accused of crimes against humanity including murder, forcible population transfer, and persecution, Uhuru is accused of responsibility for rape and other inhumane acts – including forced circumcision and penile amputation – carried out by the Mungiki, a criminal gang allegedly under his control.

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

Kenyan Suspects of Crime against humanity and genocide must be tried at the ICC in the Hague

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From: Gordon Teti

KENYAN COURTS HAVE NO INDEPENDENCE AND MUSCLE TO TRY SUSPECTS OF GENOCIDE AND CRIMES AGAINST HUMANITY WHO ARE HOLDERS OF THE HIGHEST PUBLIC OFFICE IN THE LAND

THOSE WHO say that Uhuru Kenyatta and William Ruto should be prosecuted in the Kenyan courts and not at the ICC must be kidding. The judgement regarding the stealing of land belonging to a victim of Post Election Violence by Ruto in 2008 is a warning shot. The judgement fell far below the standard required in a fair hearing. The Judge in reality cleared Ruto of any criminal responsibility. The 5 million that Ruto has been ordered to pay is not supported by any facts or imaginations in the court ruling and Ruto being a canning thief will buy time and in the end will not pay the victim even a penny. This was a gimmick by the Judge and the court to placate the confidence of the public to believe that the Kenyan courts are TODAY more independent of the Executive control after stealing the elections for Uhuru Kenyatta. This is balooni and total non sense. READ for DETAILS:

http://www.kenyanewsupdates.com/news/national-news/item/667-court-orders-ruto-to-pay-sh5million-and-return-the-land.html

IS KENYA READY FOR SOONER PRESIDENTIAL ELECTIONS

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From: Nyambok, Thomas

IS KENYA READY FOR SOONER PRESIDENTIAL ELECTIONS BEFORE APRIL NEXT YEAR IN 2014? BECAUSE OF THE CORRUPTION

THE HAGUE: THE ICC MUST NOW PROOVE TO THE WORLD THAT THEY CAN HELP THE POOR AFRICAN CITIZENS WHO LACK JUSTICE FROM THEIR SUPERIOR GOVERNMENT. WHO WILL BE CHARGED IF UHURU, RUTO AND JOSHUA ARE FOUND NOT GUILTY?

ICC SHOULD NOT TAKE THESE CASES BACK TO KENYA OR TANZANIA. IT WILL SHOW A WEAKNESS ON THE ROME STATUTE AND KENYANS’ TRUST WILL CEASE.

The innocent Kenyans want the International Criminal Courts to take this matter of Kenya very seriously otherwise the poor will be harmed seriously. The court facility to be used for these people must be in Hague as it was before the AU made this issue as their main agenda. For ICC to change their tactics because of the AU deliberations leads to a disaster. There will be no respect at all to the International Criminal Court system. ICC judges should not bring this matter to Kenya. Africa, NO, Not again?

Kenyans let us not therefore, trivialize the Rome Statutes and the opportunity they offer to tame rogue human rights abusers in Africa, including our presidents. More importantly, Africa now has a window of opportunity to establish democracies, which, over time, will be mature enough to protect the ordinary Africans against such human rights’ abusers and this window may, however, get closed if we turn our back to the promotion and defense of human rights within the Rome Statutes.

You have noticed most African sitting presidents gunged together recently trying to use this platform for defending Uhuru Kenyatta. The intention was not to absolutely defend Kenyatta, they are trying to defend themselves because they know if the ICC succeeded with the Kenyan’s case, then next will be them, however, the public is in the know.

THE DEPUTY PRESIDENT TOLD THE ICC JUDGES THAT HE AND THE PRESIDENT UHURU KENYATTA WILL FACE THE COURTS TO THE END.

That they are aware of their responsibility to the court as an individual and they will cope with the ICC. Can AU give Kenyans a brake? The gentlemen say they are innocence, as they believed in the rule of law but how many people hold the Bible with their right hands that everything they say are true and then latter they are found guilty? It is not easy to trust human beings.

The masters of the Jubilee’s administration are facing trial to The Hague’s Courts where by the former permanent secretary from the office of the president Mr Muthaura Will still be recalled back to Hague because he has some questions to be answered by himself.

The type of Crocodile tears of the AU members going round campaigning about the ICC is as the venom of the black snake. Follow the former presidents with genocide cases on their hands. The new ones also have very dirty hands in the Judiciary. Judiciary is like their own bedroom where they control Government.

Mr Kimemia must tell all Kenyans why he sold the Kenya’s land in Japan Tokyo when he was the Foreign Affairs permanent secretary. Kenyans believe this is not acceptable, having the same thieves being grouped together to start looking for the loop holes where they will start looting tax payers money for the next presidential elections?

Mr Kimemia must tell Kenyans in broad day light about the alleged death threats on the Chief Justice Mutunga, and his harassments at the airport? It is sad to have presidents without control. In which African country does a president go to court as an accused person and receive any semblance of a fair trial? The African courts are like their president’s bedroom. Who can expect African president to be accused of human rights abuses? Who can take them to their own courts and get a fair hearing? Whoever tries would be dead without a trace.

How will a judge who is appointed and sworn in by His Excellency the president, the president of the country, just think about initiating the process of taking a president to court, that judge will be found dead even before contemplating the beginning of such a trial. Check the records of the former Kenyan Presidents – innocent people have been killed, commissions of enquiries have been set using money belongings to the poor tax payers, and no report was produced – absolute window dressing.

THE TRUTH JUSTICE COMMISSION AND THE CONSTITUTION REPORTS ARE IN JEOPARDY BECAUSE SOME HIGH LEVEL PEOPLE ARE BENT TO DESTRY THE IMPLIMENTATION OF THE TRUTH, JUSTICE AND RECONCILIATION REPORTS.

The truth, justice reconciliation commission reports and the constitution is in jeopardy.

Dr Kibara reported that the Treasury had not allocated any money for the Implementations of the Truth, Justice and Reconciliation Reports yet the law is clear that the recommendation ought to be implemented to ensure healing in the county. The Attorney general’s office should face Parliament and the Treasury as quick as possible.

PARLIAMENT: The MPs and the committee should meet at the parliament building to make sure that the Treasury gives out the money accordingly as the law stipulates and according to the recommendations. The killers of Dr Robert Ouko are still living good lives but now we got them. How about the person behind J.M Kariouki’s assassination? How about land grabbers, and the two genocides appropriated by the immediate the two former retired presidents of Kenya.

President Uhuru Kenyatta must make sure that the Treasury gives enough money to make sure that justice is followed accordingly without impunity. Kenyan’s are waiting to see the truth and the culprits brought to book. Kenyan jails are filled by the poor.

We are asking the sitting president to show the good example of going to stand at the docket facing the judges in ICC, you will be the man.

Remember the “post-election violence victims whose lives and property were destroyed, they deserve justice, and truth. Children and the innocent citizens were hacked, slashed, beheaded, raped and killed. Well, the retired presidents kept silent, they kept the secrets with them too – these problems started from 1963 when Jomo Kenyatta was in power.

Remember the full eight tons of Lorry’s carried dead children to the morgue. Those children went through hell. Their loved ones feel horrible. The appropriators of the genocides are enjoying tax payers’ money.

The genocides were planed, and hatched at the State house Nairobi. They were well arranged, well organized, and well executed before the 2007/8 presidential elections. The warriors, (mungiki) were ready because Kibaki knew and planed very well with his administration about rigging in advance.

Let us cast our minds back to early 2007/8 as was witnessed on Nairobi-Nakuru road where innocent passengers were being pulled out by some public transportation by rugged militias (Mungiki) who proceeded to hack them to death while state security personnel watched. The video tapes are there, and are instantly available to our so-called Kenyan’s law enforcement agencies.

The vehicles used were with full registration numbers and the lapel service numbers. The facts speak for themselves in Africa as well as in Kenya. There is no trust worthy judiciary system that can fairly dispense justice when very powerful people are accused of rights abuses.

As President Uhuru Kenyatta has been mentioned in the Land corruption and death of innocent people, Kenyan’s are tired of looters and killers. He should leave the office for further investigations because people can’t believe him to be their leader. He is a corrupt president. If ICC can sit back then, Kenyans will feel the heat. The killings will be going on as usual. There has never been any trust within State house since Independence in 1963.

The referendum: Kenyans shouldn’t try to get out from the ICC The Hague is there for the common citizen. The corrupt people want it to be scraped off.

Uhuru Kenyatta, Ruto and Joshua have been mentioned and they are suspects. Should they be found guilty, then Kenyans should be ready for another election. And what will happen if some of them are found not guilty while others are guilty? How about if all of them are found guilty? Where will they be detained?

The former President Arap Moi and his predecessor the former President Mwai Kibaki should be held accountable for the innocent lives that were lost through killings. These two people should be taken to court directly without Impunity.

The ICC should call these two former Presidents to Hague as the Supreme Suspects and as the Supreme culprits. They should not be enjoying their goodies they got from the dead’s Taxes.

REFERENDUM: Referendum is the only way for Kenya to avoid being removed from The Rome Statute: Tom Nyambok 6/10/2013

Saif Al Islam Gaddafi: ICC Pre-Trial Chamber I rejects Libyan challenge to the admissibility of the case against Saif Al Islam Gaddafi

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From: “News Release – African Press Organization (APO)”

PRESS RELEASE

ICC Pre-Trial Chamber I rejects Libyan challenge to the admissibility of the
case against Saif Al Islam Gaddafi

THE HAGUE, Netherland, May 31, 2013/ — Today, 31 May 2013, the Pre-Trial
Chamber I of the International Criminal Court (ICC) (http://www.icc-cpi.int)
rejected the challenge to the admissibility of the case against Saif Al
Islam Gaddafi suspected of crimes against humanity of murder and
persecution, allegedly committed in Libya from 15 February 2011 until at
least 28 February 2011. The Chamber reminded Libya of its obligation to
surrender the suspect to the Court. The Libyan authorities may appeal this
decision or submit another challenge to the admissibility in accordance with
article 19(4) of the Rome Statute.

Logo: http://www.photos.apo-opa.com/plog-content/images/apo/logos/cpi-1.jpg

A challenge to the admissibility of the case is granted if the case is being
investigated by a State which has jurisdiction over it, unless the State is
unwilling or unable genuinely to carry out the investigation or prosecution.
The challenge to the admissibility of the case against Mr. Gaddafi was
submitted by Libya on 1 May 2012 and the Chamber conducted an assessment of
the evidence presented by the parties and the participants.

The Chamber concluded that it has not been sufficiently demonstrated that
the domestic investigation cover the same case that is before the Court.

In addition, the Chamber recognized Libya’s significant efforts to rebuild
institutions and to restore the rule of law. The Chamber, however, stressed
that the Libyan State continues to face substantial difficulties in
exercising fully its judicial powers across the entire territory. Namely,
the Libyan authorities have not been able to secure the transfer of Mr
Gaddafi into State custody and impediments remain to obtain the necessary
evidence, and secure legal representation for Mr Gaddafi.

Pre-Trial Chamber I is composed of Judges Silvia Fernandez de Gurmendi,
Presiding, Hans-Peter Kaul, and Christine Van den Wyngaert.

Distributed by the African Press Organization on behalf of the International
Criminal Court.

Summary of the decision
(http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc
0111/related%20cases/icc01110111/Documents/Summary-of-the-Decision-on-the-ad
missibility-of-the-case-against-Mr-Gaddafi.pdf ) (also available in Arabic:
http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0
111/related%20cases/icc01110111/Documents/Summary-of-the-Decision-on-the-adm
issibility-of-the-case-against-Mr-Gaddafi-Ara.pdf)

Decision on the challenge to the admissibility of the case against Saif Al
Islam Gaddafi:
http://www.icc-cpi.int/EN_Menus/icc/situations%20and%20cases/situations/icc0
111/related%20cases/icc01110111/court%20records/chambers/pretrial%20chamber%
20i/pages/344.aspx

ICC Audio-visual programme, “News from the Court”: English
(http://www.youtube.com/watch?v=r8YA_8C3OyA) – Arabic
(http://www.youtube.com/watch?v=b0gEUPil_ss) ; and for download: MP4
(English:
http://www.fileserver.icc-cpi.info/video/News_from_the_Court_Libya_English.m
p4 – Arabic:
http://www.fileserver.icc-cpi.info/video/News_from_the_Court_Libya_Arabic.mp
4) and MP3 (English:
http://www.fileserver.icc-cpi.info/audio/News_from_the_Court_Libya_English.m
p3 – Arabic:
http://www.fileserver.icc-cpi.info/audio/News_from_the_Court_Libya_Arabic.mp
3).

More information on this case, please click here:
http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0
111/related%20cases/icc01110111/Pages/icc01110111.aspx.

For further information, please contact Fadi El Abdallah, Spokesperson and
Head of Public Affairs Unit, International Criminal Court, by telephone at:
+31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at:
fadi.el-abdallah@icc-cpi.int.

You can also follow the Court’s activities on YouTube
(http://www.youtube.com/IntlCriminalCourt) and Twitter
(http://twitter.com/IntlCrimCourt)

SOURCE

International Criminal Court (ICC)

THE AFRICAN UNION HAVE A ROPE ON THEIR NECKS WITHIN THE CONTEXT OF ICC DOCKET

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From: “Nyambok, Thomas”

ALL AFRICAN HEADS OF STATES WILL PASS THROUGH THE HAGUE FOR ACOUNTEBILLITY BEFORE THEY LEAVE THEIR OFFICES.

The former President Arap Moi during 2013 elections went across the border to Kampala and met with Uganda’s President Yoweri Museveni about the border security regarding the rigging of Uhuru Kenyatta to take over the presidency. They feared that other presidential aspirants would work with The Hague – feared most was Raila Odinga. This is why Yoweri Museveny has been so aggressive on matters regarding the International Criminal Courts?

The former President of Kenya: Mr Mwai Kibaki also went across the boarder during the 2013, Presidential election campaign time and met with the siting Tanzania’s President. Why was it important for Kibaki to cross the boarder at the time? Is it because Raila Odinga had higher prospects of winning the elections which would put them at risk in the hands of International Criminal Courts? Was it also surprising that the Chief Justice also made a trip to Tanzania?

The African Head of States have a rope on their Necks. One thing is that they will not pull out from the International Criminal Courts because their Parliaments would have to pass it and yet parliamentarians must represent their voters’ interest.

The Government is for the people. The people are the voters as well as tax payers. The opinions of the peoples’ representatives in Parliament must be a representation of the opinions of the people they represent – this will be reflected in the Referendum. The Hague is for the poor and for the dead to get justice?

The government of the people expects that Uhuru Kenyatta should be committed to Shaw respect to the International Criminal Courts. It is not clear why Uhuru Kenyatta and his Deputy Ruto are conducting another very expensive campaign by having Ruto go round African countries in a private plane for support. Why? They should just go to The Hague and prove themselves innocent instead of being Vague. Genocide was executed?

Kenyatta and Ruto’s actions indicate that they have doubts, and worries about the truth of the matter before the Court. Do they think that they might find refuge in the hands of other heads of African States? Could this be their only option because there can never be an engineered loop hole at The Hague? Could it be possible that it is becoming very clear that there are other things that money cannot buy?

May be it is time for the people of the entire African Union to adopt one fundamental Constitution that outgoing Presidents are held accountable for their actions, this might help protect the innocent lives of the poor and the helpless.

The Ugandan President is something else. He seems to have some strange feelings about Kenya and the siting President Uhuru Kenyatta. Could he be pushing Kenyatta aggressively with the intention of putting him in trouble? Is he envious of the fact that Kenyans’ did not go to war after this year’s elections? He should wait for his turn to go to The Hague. Why was he holding the Nation Newspaper print? Really, what is Museveni’s real interest in Kenyatta and Ruto’s case in The Hague? Why does he want the case moved back to Kenya? Could he be guilty of something and so he is busy lobbying for a precedence to be created for his benefit? Was the reason why Dr. Garang was killed printed in the Ugandan Nation News Paper? Well, Dr. Garang died in an Ugadan Air Force one Helicopter crash.

Ugandan President Yoweri Museveni took the fighter Cony to International Criminal Courts and now he is stupidly turning his coats upside down to ICC? Because he is stupid and a arrogantly trying to evade Kenya by cheating the government that they are one, he got this from Moi and Kibaki to start pooling his nose to Kenyan’s matters stupidly? Can he bring Dr Garang a live? But now they will face Jail too through ICC as he did to the fighter Cony.

Who killed Dr Garang? The first president of the Southern Sudan whom I was his Media Electronic Engineer? Could this be the reason why Yoweri Museveni is against the ICC? Why should he really? Birds of the some feathers flock together – they enjoy but we got them now?

Coming back to Mr Ruto, the deputy president didn’t join the former president Mwai Kibaki on his second rigged term Inauguration at the State House Nairobi. That’s clear and he is clean in this respect and he was not given any responsibilities to have the Mungiki ready.

Ruto has proved positively that he is a man with dignity who can go to The Hague with a Motorcade as the deputy President of the Republic of Kenya and come back to Kenya as a free man.

The resent trip by Kenya’s Deputy President to some four African States, raise a big cloud on his motives. Kenyans’ have a right to know what this trip was for, and why he had to use tax payers’ money to finance this trip. The last I can remember is that Kenyatta and Ruto are accused as individuals. Why should financing these campaigns about the ICC cases be the responsibility of the people of Kenya? Were these finances budgeted for or this is the beginning of the show of financial extravagance of Kenyatta and Ruto? Why did Ruto have to threaten Kenya’s Nation Newspaper?

How about the future Hague trips? Who will be accountable for the air tickets for Courts’ trips, accommodations, and the motorcade?

Will they be paid per DM as those who have taken vacation, or leave pay? This is a private matter? The truth, fairness, transparency are required now because it has not been fair for the dead and those who can’t even make the difference? They must realize that their manifesto will not be accepted at all.

The two former presidents must also go to The Hague. They forced Innocent Kenyan lives to be lost. If Uhuru Kenyatta and his Deputy Ruto are found not guilty then Moi and Kibaki must sit on that plate to be an example. THE WORLD IS WAITING FOR THE OUTCOME OF THIS SEROIUS MATTER AT THIS MOMENT FOR THE DEAD.

Tom Nyambok 5/31/2013

Africa: Uhuru Kenyatta in secret talks with John Kerry as leaders condemn International Criminal

1 Reply

From: Judy Miriga

Good People,

When your lifeline depends on crucial help from external support, you are indepted to be under obligation to comply by terms of contract engagement agreement undertaken and this is inclusively the same with all other International Treaty Ratified. They remain binding in effect and to turn away and terminate or disqualify such Treaties or Agreement under clouded mysterious conspiracies, cannot hold and there are consequences ……..

In a good Rule of Law Governance, all must obey the law and all must play observing tenets complying under in the same set of rules.

Maurice Oduor is very right in his argument with Okil and the statement that “Obama’s man EMBARRASSED and HUMILIATED at AU Summit in Addis Ababa is false and is totally misplaced”.

President Obama or his Team have nothing to be ashamed of.

If anything, going by facts as displayed here as attachments, in real sense of the matter, who is the one who badly need help here? Get your facts right people……..

In any way that you look at the problems in Kenya, it is humongous the two alone cannot sustain it. The person to urgently seek favor from is Obama. The world look up to him……You’ve got to swallow your pride Mr. Right…!! President Obama is your best bet……..take my word……..Make Hay while the sun shines………

The environment is polluted with all sorts of criminality and there is no law or order and the situation is already overflowing with pockets of insecurities coupled with instabilities, unfavorable for progressive business undertaking let alone providing for human rights dignified livelihood and survival.

Unfortunately, Chinese interests in Kenya is based on high level of corruption involving police to protect their interests. In otherwords, Kenya is already a terrorist and police colony who are engaging in all manner of insecurities…….which is why, people are killed left right and center and the Government is doing nothing. What good shall come out of such leadership?

And in any fairness, how can Kimemia pass the test of INTEGRITY under dubious involvement with the Chinese if he has no certificate guaranteed and awarded him to oparate under CONFLICT OF INTERESTS…..How can such a situation fail to spur other forces including the Mungiki and Al-Shabaab looming their heads to frustrate the public….causing more harm than good?

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

– – – – – – – – – – –

— On Thu, 5/30/13, Maurice Oduor wrote:
From: Maurice Oduor
Subject: OBAMA’s man EMBARRASSED and HUMILIATED in AU Summit in Addis Ababa, Ethiopia
Date: Thursday, May 30, 2013, 4:59 AM

NONO (Nyamodi Ochieng’ Nyamogo Okil),

I’m not an economic refugee. I think you’re aware of that. Kenya simply can not afford my services. Plus, I don’t think I can be comfortable in an atmosphere of extreme tribalism, the type of tribalism that makes it possible for 2 men indicted for crimes against humanity to get elected.

In Canada, even being caught driving drunk is enough to ruin a politician’s career. But in Kenya, you can murder 1300 people and you will still get elected as long as your tribe has the votes !!!!!!

Only someone with your twisted way of thinking finds that normal.

Courage

On Thu, May 30, 2013 at 4:33 AM, Nyamodi Ochieng Nyamogo wrote:

any form of refuge has its price

On 5/30/13, Maurice Oduor wrote:

Okil,

You guys have ego problems left and right. If the West decides to pull out of Kenya, most parastatals such as KEMRI will close down. A lot of NGOs and agencies such as NACA will be in financial trouble. A lot of research at the universities will be discontinued. Worst, the Free Primary Education will be history. Kenya will lose a big market for its Tea and coffee. Not to talk about Tourism.

I don’t think you guys have any clue what you’re talking about. It’s false bravado talking.

Courage

— On Thu, 5/30/13, Nyamodi Ochieng Nyamogo wrote:
From: Nyamodi Ochieng Nyamogo
Subject: OBAMA’s man EMBARRASSED and HUMILIATED in AU Summit in Addis Ababa, Ethiopia
Date: Thursday, May 30, 2013, 3:10 AM

Definitely any sane African should love this! The West is on a free fall, with respect to its patronizing stance towards Africa!

Nyamodi Ochieng-Nyamogo.

On 5/30/13, maina ndiritu wrote:

US Secretary of State, John Kerry, was on Sunday embarrassed by African Heads of State in Ethiopia, after they walked out before he could deliver his speech.

Kerry who was to convey his message from US President Barrack Obama was forced to cancel his speech after African leaders protested saying he was sent by Western Nations to push for their Neo-Colonisation agendas.

Other leaders who were humiliated during the AU meeting in Addis Ababa are French President, Francois Hollande and European Commission President Jose Manuel Barosso who only addressed journalists after African leaders walked out of the venue.

The leaders resolved to work with China, India and Russia since they are the only countries who recognise Africa.

President Uhuru Kenyatta was among the Heads of State who attended the summit.

ICC chief slams critics after African Union attack

By AFP
Posted Tuesday, May 28 2013 at 23:52

In Summary

The ICC is currently facing mounting diplomatic pressure over charges of crimes against humanity filed against Kenyan President Uhuru Kenyatta and Vice President William Ruto linked to political unrest in 2008 when neither were in office Bensouda vowed that the ICC would “continue to be independent, to continue to be impartial, to apply the law strictly without any political or other considerations.”

Forty-three African countries have signed the ICC’s founding Rome Statute and 34 have ratified it. This makes Africa the most heavily represented region in the court membership

UNITED NATIONS

The International Criminal Court’s chief prosecutor hit back at critics Tuesday, a day after the African Union accused the tribunal of racism.

Fatou Bensouda said the critics were defending “perpetrators” of war crimes and crimes against humanity.

The prosecutor did not mention any particular group. But her comments came only a day after an African Union summit said the ICC was targeting the continent on the basis of race.

“We all know who the voices are,” Bensouda told a meeting at United Nations headquarters when asked by an African diplomat about “voices” questioning ICC tactics.

“The voices are those who are trying to protect the perpetrators of these crimes. They are not the voices who are supporting the victims of these crimes,” said Bensouda, who is from Gambia.

The ICC is currently facing mounting diplomatic pressure over charges of crimes against humanity filed against Kenyan President Uhuru Kenyatta and Vice President William Ruto linked to political unrest in 2008 when neither were in office.

An African Union summit on Monday called for the ICC charges to be halted. Kenya has asked the UN Security Council to “terminate” the case.

“We should not take what ICC is doing to turn it on its head,” Bensouda said at the UN meeting on enforced disappearances organized by France and Argentina.

“The true victims of the crimes are the victims of war crimes, crimes against humanity and genocide, not those who perpetrate them. And now we see that that those voices, what they are all trying to do is protect those who perpetrate the crimes.”

“I think this is an insult to the victims,” she added.

“I think this should not be happening and anybody who is concerned about addressing crimes of this nature — against the thousands and thousands and thousands of victims, African victims — should be concerned about what is happening right now,” she told the UN meeting.

Bensouda vowed that the ICC would “continue to be independent, to continue to be impartial, to apply the law strictly without any political or other considerations.”

African governments often express bitterness that all ICC investigations target the continent.

But nearly all of the eight investigations — from Uganda to Democratic Republic of Congo and Mali — were referred by the African countries themselves. Forty-three African countries have signed the ICC’s founding Rome Statute and 34 have ratified it. This makes Africa the most heavily represented region in the court membership.

Tiina Intelmann, president of the 122-country assembly of ICC member states, acknowledged that the perceived “Africa-only” focus of investigations has created difficulties for the court in dealings with African states.

“Let us not forget, however, that the current focus on the African situations also means a focus on African victims,” Intelmann said in a commentary.

A trust fund set up by the ICC statute has helped about 80,000 victims of “atrocity crimes.”

“It is fair to say that without the activities of that fund, all those African victims would have received little or no assistance at all,” Intelmann added.

ICC rubbishes AU resolution on Uhuru, Ruto case

Written by KNU Reporter

Published inNational News Monday, 27 May 2013 20:43

The International Criminal Court (ICC) has rubbished a ruling made by the African Union over the Kenyan cases before The Hague based court.

African presidents on Sunday unanimously supported a petition calling on the International Criminal Court to drop charges against humanity facing President Kenyatta and Deputy President William Ruto.

Responding to the declarations by African Heads of States, ICC Outreach Coordinator for Kenya Mabia Mabinty Kamara said the court cannot consider the AU resolution could only decide deferring the cases.

Kamara clarified that a prior request by the Kenya government to transfer the cases to Kenya did not convince the judges that Kenya was conducting indisputable investigations and prosecutions.

“The ICC will not proceed with a case if the national judicial system proves that it is prosecuting and that it is willing and capable of conducting such genuine prosecution for the same people that have been accused before the ICC,” she said.

In their resolution passed Monday, the African leaders said that Kenya has a credible Judiciary capable of hearing and determining the cases fairly and expeditiously.

The ICC dismissed the resolution by African leaders on the Kenya cases saying the matter should be left to the court to decide.

“As an independent and purely judicial institution, the ICC does not react to political statements and resolutions that are not submitted to the ICC by the parties to a case in accordance with the ICC procedural rules.” She added

Ms Kamara said that ICC Judges cannot be swayed by the African Union saying the court does not take any political issue into concern when deciding on cases related to serious crimes allegedly committed in Kenya or any other situation under investigations by the Court.

“The ICC Judges only apply the rules of law and decide on the basis of the evidence presented to them in accordance with the procedural rules of the ICC,” she said.

African Heads of State objected to International Criminal Court trials facing President Uhuru Kenyatta and his Deputy William Ruto but The Hague-based court responded judges couldn’t be swayed by political positions.

President Kenyatta and DP Ruto are charged at the ICC in relation to the 2007 post-election violence in which more than 1,000 died and 600,000 others displaced.

Uhuru Kenyatta in secret talks with John Kerry as leaders condemn International Criminal Court cases

Updated Monday, May 27th 2013 at 14:31 GMT +3

President Uhuru Kenyatta addressing the AU Summit. (Photo:PPS)
By Ally Jamah

Addis Ababa, Ethiopia: President Uhuru Kenyatta met US Secretary of State John Kerry Sunday against the background of strong sentiment from fellow African leaders against the International Criminal Court (ICC).

His meeting with Kerry, whose subject remained private, took place even as it emerged from the closed session Sunday that 53 countries out 54 had all expressed dissatisfaction at alleged humiliation and embarrassment of African leaders by The Hague-based ICC.

However, any resolution by the AU is not binding on the ICC in the two Kenyan cases where President Kenyatta, his deputy William Ruto and journalist Joshua Sang are facing charges of crimes against humanity.

Kenyatta’s is the second case while Ruto and Sang are together in the first case. However, analysts say any resolution by the AU against the ICC only serves to boost Uhuru’s standing on the continent.

The African leaders on Sunday evening unanimously passed a resolution over their future involvement with the ICC where they agreed to push for Kenyan cases to be brought back to the country.

Uganda President Yoweri Museveni and his Zambian counterpart Michael Sata lead those pushing for either a termination or referral of the cases to Kenya.

A Presidential Press Service dispatch said Kenyatta told African leaders Kenya is ready to handle other post-election violence cases, thanks to what he termed as “far-reaching reforms†in the Judiciary and other key institutions.

“We have adopted a new Constitution, undertaken far-reaching reforms in the judiciary, vetting our judges in public under the watch of more than 40 million Kenyans and beyond, expanded the freedoms of all Kenyans, put in place a new electoral machinery, a devolved system of governance that ensures equity for all, a reformed Public Service, security sector, and many othersâ€, said Kenyatta.

He added: “Our reformed Judiciary enjoys public confidence and became a beacon for the country when, following an election dispute of a similar nature to that of 2007/2008, it processed the petition expeditiously and delivered a judgment that enabled us to move forward as a nation.â€

Sources told The Standard that the leaders, who spoke in a closed-door session Sunday evening, roundly criticised the ICC for allegedly targeting African leaders and embarrassing them.

They specifically requested that the cases against President Kenyatta and his deputy Ruto be referred to Kenya rather than being handled in “foreign courts and judgesâ€

African foreign ministers who met last week in the Ethiopian capital agreed to a request to “terminate†the case at the level of the ICC and to rely on the national judiciary that is being reformed. This agreement was forwarded to the summit for approval.

The final text of the decision of the African leaders about the ICC cases facing Kenyatta will be made public today as the African Union summit wraps up its conference.

Sources inside the meeting rooms indicated that no substantive changes were made to the draft.

Without any reference to the Kenyan cases at The Hague, Kenyatta told African leaders that Kenya has learnt enduring lessons from the post-election violence of 2007/08 by putting in place a new constitution and reforming the Judiciary and other sectors.

The President also did not express any desire to have the trials conducted in Kenya.Â

But he reinforced his statement on Kenya’s advancement by noting that competitive electoral politics in African countries often pose a huge security risk to national stability, since disputes tend to degenerate into outright violence, bitter divisions and disorder.

Zambia’s President Michael Sata insisted that the ICC should allow Kenya and other African countries handle their own affairs, including delivering justice to alleged perpetrators of political violence and killings

“It’s time that Africa should handle its own affairs. We should not allow foreigners to be coming to interfere with us. If you find Kenyan President or Zambian President is at fault with the Kenyan people or Zambian people, let the Kenyan or Zambian people deal with him, not somebody in Hague. Why can’t they (Westerners) try their own relatives?†he asked.

Kenyatta is the second sitting President who faces trial at The Hague-based ICC. He and Ruto are separately accused of being behind the violence that followed the disputed 2007 presidential election and which left more than 1,300 people dead and 600,000 displaced.

The two men, who came to power following a vote in March, say they will fight for their innocence at the court.

Amnesty International had urged African leaders to throw out Kenya’s proposal to the UN to end the ICC cases, saying it was a “worrying attempt by the Kenyan authorities to avoid justiceâ€.

The rights group called on the 34 AU members who have signed the ICC’s founding Rome Statute, including Kenya, to protect the international justice mechanism they have committed toâ€.

Kenya Shall Remain An ICC Member State!

May 28, 2013|Posted in: Opinion

BY HON DAVID ONYANGO OCHOLA

To All Kenyans and Africa at Large

Three Kenyans brothers who are waiting for their trial at the ICC should not panic and get worried, because being named by ICC doesn’t mean that one is guilty till be proven.

Bensouda’s claim to have enough evidence against the suspects should not let these brothers panic either. And as good citizens who love democracy, the suspects should all cooperate and face the international crime court.

Kenyans need to show the world community that, we’re a mature nation by not calling for the pull out from the ICC membership.

Instead, our fellow Kenyans should challenge what other world leaders do by not hiding from the international crime court. I congratulate the Immediate Former Eldoret North MP William S. Ruto for his first announcement that is ready to appear and cooperate with the International court, this give moral to other named people to be ready to appear at the Hague court.

Those who are calling for the Africa Countries to pull out of the ICC are very wrong and are part of impunity in Africa; our respect cannot be lost just because of few individual who are not willing to take political responsibilities.

As a positive leader one has to take responsibility and let the law decide but not hiding on the back of his community and calling for unnecessary actions.

As a great nation, Kenya is bigger than an individual. We all have to put our nation first before individual interest, regional or tribal politics us this will further divide this country, we need to focus on unity, love and peace as Retired former president Hon Daniel Arap Moi used to always remind us.

The African Union Heads of States who passed the motion on African Nations withdrawal from the ICC should be investigated over their motives because I believe there have not taken there responsibility as wise leaders of this Continent.

I hereby call for Kenyan not to accept all the unnecessary reports, meetings and their motives towards calling for Kenya case against Hon Uhuru Kenyatta to be brought back to Kenya.

The claim that ICC is another form of colonial and thus exercising imperialism by focusing on African suspects in its investigations only, shouldn’t be regarded as an excuse.

Its total shame for our leaders to vote for the removal of our country from the ICC membership, Hopeful Mr. President won’t write and sign for the withdrawal of Kenya from the international community court.

Kenyans will never forgive such leaders and as we have just come out from peaceful election even though with lots of unrealistic verdict by the supreme court of Kenya, we have high hopes of voting out such leaders and coming up with leaders who will respect democracy and international integration, leaders who will be in front to fight for development and peace round the world at whatever cost.

But not leaders, who dare hide back their tribe masques whenever there are problem or scandals just to attain there selfish motives.

Therefore, let our leaders re-think and revisit the issues of ICC and respect the country international integration, let there be peace and those who have been named by ICC should cooperate and wait to be cleared by the Hague court.

For the entire globe is watching our activities concerning the ICC as this should be clear to our leaders, Also they should understand that there not the first and they’re not going to be the last leaders of this country.

Our former regime, fought hard to be integrated into the ICC that should be in the minds of those who are pulling out our country from the court established under Rome status which Kenya is a signatory.

Let all good citizens fight for democracy in our country and even round the world, what we have achieved should not be washed away by such leaders who do not think wisely.

For the good leaders, would cooperate and avail them to the international criminal court.

Lastly I believe our three named Kenyans by the International criminal court will be available to the court at any given time and give the law an opportunity to judge them.

I can confidently say that the African Leaders wants to take us back into colonial period but in another angle of “BLACK COLONY”. Reasons are of the issue of claims that ICC is embarrassing the Heads of States from Africa by using Kenya and Sudan cases currently at the Court. To the best of our knowledge on the Kenyan case, Uhuru Kenyatta went to the poll knowing very well that he had a case to answer and as to us we don’t see ICC embarrassing him. We are of the contrary opinion that we must obey the ICC because it stands as the savior to the poor innocent Africans who are being subjected to the black colony of the current leaders in Africa.

Example is of Uganda and Zimbabwe among others. We as Africans we must stand strong to stop our Leaders in taking us back to the second colony. It is very unfortunate that they seat in Addis Ababa Ethiopia to only discuss and pass the motions which are to their own benefit while the continent is being swept away by the Insecurity, Poverty and lack of sustainable economical and political development. With the spirit of Pan-Africanism founding Leaders like Tom Mboya, Martin Luther Jr and others, we must rise up African and shun down this Leaders. NO WITHDRAWAL FROM ICC.

Kenya & World: UHURUTO ICC CASES NOW A STATE ISSUE

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from: Judy Miriga

Good People,

Rising insecurity is growith at an alarming worisome level in Kenya.
The Government of Kenya must address and contain the situation
before it gets out of control.

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

– – – – – – – – – – –

ICC chief slams critics after African Union attack

By AFP
Posted Tuesday, May 28 2013 at 23:52
In Summary

The ICC is currently facing mounting diplomatic pressure over charges of crimes against humanity filed against Kenyan President Uhuru Kenyatta and Vice President William Ruto linked to political unrest in 2008 when neither were in office

Bensouda vowed that the ICC would “continue to be independent, to continue to be impartial, to apply the law strictly without any political or other considerations.”

Forty-three African countries have signed the ICC’s founding Rome Statute and 34 have ratified it. This makes Africa the most heavily represented region in the court membership

UNITED NATIONS

The International Criminal Court’s chief prosecutor hit back at critics Tuesday, a day after the African Union accused the tribunal of racism.

Fatou Bensouda said the critics were defending “perpetrators” of war crimes and crimes against humanity.

The prosecutor did not mention any particular group. But her comments came only a day after an African Union summit said the ICC was targeting the continent on the basis of race.

“We all know who the voices are,” Bensouda told a meeting at United Nations headquarters when asked by an African diplomat about “voices” questioning ICC tactics.

“The voices are those who are trying to protect the perpetrators of these crimes. They are not the voices who are supporting the victims of these crimes,” said Bensouda, who is from Gambia.

The ICC is currently facing mounting diplomatic pressure over charges of crimes against humanity filed against Kenyan President Uhuru Kenyatta and Vice President William Ruto linked to political unrest in 2008 when neither were in office.

An African Union summit on Monday called for the ICC charges to be halted. Kenya has asked the UN Security Council to “terminate” the case.

“We should not take what ICC is doing to turn it on its head,” Bensouda said at the UN meeting on enforced disappearances organized by France and Argentina.

“The true victims of the crimes are the victims of war crimes, crimes against humanity and genocide, not those who perpetrate them. And now we see that that those voices, what they are all trying to do is protect those who perpetrate the crimes.”

“I think this is an insult to the victims,” she added.

“I think this should not be happening and anybody who is concerned about addressing crimes of this nature — against the thousands and thousands and thousands of victims, African victims — should be concerned about what is happening right now,” she told the UN meeting.

Bensouda vowed that the ICC would “continue to be independent, to continue to be impartial, to apply the law strictly without any political or other considerations.”

African governments often express bitterness that all ICC investigations target the continent.

But nearly all of the eight investigations — from Uganda to Democratic Republic of Congo and Mali — were referred by the African countries themselves. Forty-three African countries have signed the ICC’s founding Rome Statute and 34 have ratified it. This makes Africa the most heavily represented region in the court membership.

Tiina Intelmann, president of the 122-country assembly of ICC member states, acknowledged that the perceived “Africa-only” focus of investigations has created difficulties for the court in dealings with African states.

“Let us not forget, however, that the current focus on the African situations also means a focus on African victims,” Intelmann said in a commentary.

A trust fund set up by the ICC statute has helped about 80,000 victims of “atrocity crimes.”

“It is fair to say that without the activities of that fund, all those African victims would have received little or no assistance at all,” Intelmann added.

Security risk as police bosses fight for power

By PETER LEFTIE pmutibo@ke.nationmedia.com
Posted Tuesday, May 28 2013 at 20:51

In Summary

He did not directly accuse Mr Kimaiyo of attempting to scuttle the recruitment but he may have been reacting to a memo sent on Monday night by the Inspector General advising senior officers not to apply for the positions. The application deadline was Tuesday.

Tuesday, 10 hardcore criminals escaped from Kamukunji police station and a police officer was arrested allegedly after attempting to hijack a trailer. Crime has reached almost unprecedented levels in addition to the massacres in Busia and Bungoma and terror attacks in Garissa and Wajir.

Police bosses are embroiled in deepening wrangles and turf wars even as security deteriorates across the country.

A cold war between Inspector General David Kimaiyo and the chairman of the National Police Service Commission (NPSC), Mr Johnstone Kavuludi, burst to the open Tuesday as the two battled over the recruitment of county commanders.

They are also fighting over proposals to amend the law to give the Inspector General more authority in the appointment, transfer and disciplining of officers.

Tuesday, Mr Kavuludi sensationally claimed that there was a plot to derail the recruitment of 47 county police commanders by anti-reformers.

“There has been a concerted attempt to derail the vetting and interview of officers for the position of county commanders. However, we are pleased to note that the Commission has received over 300 applications for these 94 advertised positions,” he said.

He did not directly accuse Mr Kimaiyo of attempting to scuttle the recruitment but he may have been reacting to a memo sent on Monday night by the Inspector General advising senior officers not to apply for the positions. The application deadline was Tuesday.

Mr Kimaiyo has previously denounced the recruitment, saying he and his two deputies were not consulted by the commission.

Mr Kavuludi and other commissioners were attending a meeting in Naivasha to agree on the criteria for vetting of the county police bosses. Mr Kimaiyo had apparently excused himself from the workshop to deal with the wave of insecurity in the country. His absence at the important process hints at the disastrous alienation of top police officers from essential functions over a force for which they have command responsibility.

Police reforms carried out since the election are an interesting experiment. It remains to be seen whether a commander can effectively control a force whose members he has no power to hire, sack, promote, transfer or discipline.

The NPSC has nine members. The IG and two other representatives of the force are ordinary members and business can be transacted without them.

In contrast, the 11-member Judicial Service Commission chaired by the Chief Justice is predominantly made up of lawyers: Three judges, one magistrate, the Attorney-General and two lawyers nominated by the Law Society of Kenya.

The in-fighting in the leadership of the police force is already having an impact on policing. There are signs of worsening discipline in the force as well as disenchantment and apathy, especially from the officer cadre which is facing the sack in the reforms.

Tuesday, 10 hardcore criminals escaped from Kamukunji police station and a police officer was arrested allegedly after attempting to hijack a trailer. Crime has reached almost unprecedented levels in addition to the massacres in Busia and Bungoma and terror attacks in Garissa and Wajir.

Mr Kimaiyo’s position on the recruitment has shifted dramatically over the past month.

On April 16, he wrote to NPSC recommending the appointment of county commanders to replace Provincial Police Officers whose positions have been scrapped. The letter was titled: “Proposal for the selection and appointment of police officers to the position of officers commanding police counties and review of appointments at formations and directorates at the headquarters levels.”

Mr Kimaiyo suggested the hiring of County Kenya Police Service Commanding Officers (CKPSCO), County Administration Police Commanding Officers (CAPSCO) and County Criminal Investigations Officers (CCIO) to head police activities at the counties for the regular, AP and criminal investigation departments.

Mr Kimaiyo could not be reached to comment on the apparent change of heart.

At issue also are proposed amendments to the National Police Service Act.

Yesterday, the NPSC blamed “forces opposed to police reforms” for the amendments which — if passed — will significantly empower the office of the Inspector General while weakening the commission.

“It has come as a shock to the National Police Service Commission that some senior officers in the Public Service who are not members of this commission, have proposed amendments to the National Police Service Act, 2011, with the intention of derailing police reforms,” Mr Kavuludi said at the workshop at Sopa Lodge in Naivasha.

“The proposed amendments, which are being done clandestinely, are intended to severely water down the powers of the Commission. These amendments have neither been done with our knowledge, participation or approval, nor the participation of other stakeholders,” he said.

He added that the amendments include a “frightening indemnity clause” where police officers who carry out illegal orders from their superiors are protected. He asked MPs to reject the changes.

The amendments propose independent powers for the Inspector General to promote, transfer and discipline officers.

It also wants the Inspector General to be the one who receives reports recommending disciplinary measures against officers such as interdiction or suspension. Currently, NPSC receives the reports.

Mr Kimaiyo was quoted on Sunday confirming that he is aware of the amendments. He, however, said they did not originate from his office.

Additional reporting by Macharia Mwangi and Joyce Kimani

Fear as Mungiki resurfaces, threatens to cripple business
Updated Tuesday, May 28th 2013 at 21:45 GMT +3
By Eric Wainaina

Kiambu, Kenya: Resurfacing of illegal gangs in Kiambu is worrying the business community.

Members of the outlawed Mungiki sect are alleged to be forcibly demanding money from matatu operators and business people in various shopping centres.

The Provincial Administration has confirmed that the members of the illegal sect are plotting to reclaim their previous status of controlling major economic sectors.

Affected areas are Kiambu, Gatundu, Lari, Githunguri and Kikuyu where they are also reportedly recruiting new members.

A matatu operator plying between Kiambu and Githunguri on condition of anonymity said the operators give Sh200 daily to the illegal gangs.

“We give them money though not openly. They resort to violence once we refuse to remit the levies,” the operator said.

Operators plying between Gatundu, Thika, Kiganjo, Kiambu, Ruiru and Nairobi said the sect members have been demanding a levy of Sh200 from each matatu.

Last month, a matatu was set a blaze in Gatundu town after the operators allegedly declined to give the money to the sect.

Three matatu sacco officials in Gatundu have been murdered and Mungiki was blamed for it. The gang is also demanding money from business players and developers who are setting up buildings in the county, causing fear among the business fraternity.

Arraigned in court

“They are collecting money from any income earning activity and given a chance, they will end up sending away investors because they also pose a security threat,” Paul Mwangi, a Githunguri resident said.

Kiambu County Commissioner Wilson Njega said they had arrested some of group’s members demanding cash from a construction site owner and were arraigned in court.

“We are alert about this group ( Mungiki) and are not going to give them any chance to regroup,” Njega said.

Even Shabaab knows greed has got no borders in Kenya

Updated Tuesday, May 28th 2013 at 21:10 GMT +3

Patesh alleges that the Tofu was spoilt and the Morning Harvest Bran Flakes had small insects in them.

About six months ago, Patesh claims to have bought an oat meal package from the same shop that had the “same insects”. He returned the package and was reportedly promised action would be taken to avoid recurrence of the problem.

“I think Uchumi Capital Centre is not doing a good job at checking on expired products,” concludes Patesh, whose contact is hitenke@yahoo.com. Is this the case, Uchumi?

And Mr Phillip Olang’ alleges there is something that Nakumatt Lifestyle has been unable to give him despite him needing it desperately (remember their motto; “You need it, we’ve got it”. Olang’ has been seeking replacement of his smartcard since February but he is yet to get a new one. His contact is phillipolang@icloud.com.

DON’T YOU FORGET

Did Orange take client back to world wide web?

Recently, Telkom Orange’s customer Nancy Laura of Langata, Nairobi wrote here about delay by the firm to resolve an issue she had complained about. Nancy reported that although she paid for Internet for her Telkom Orange ASDL line in early April, her line, unfortunately, went dead on April 14. She then reported to Orange and received complaint reference numbers for both the landline and the data service that was disrupted. However, Orange did not sort out the problem and her visits to the company’s offices near Wilson Airport yielded only promises. The reference numbers she was given are 853901 (landline) and 853902 (Internet). Nancy said the line goes off every month yet she has never received any refund for lost data service. Did Orange address this customer’s complaint?

RVR is ‘off track in Embakasi’

Mr Philip Musembi is appealing to the management of Rift Valley Railways to make all efforts to keep passengers who use the train on Embakasi route off harm’s way.

On May 15, 2013, he claims to have witnessed two of the train’s last passenger wagons leave the tracks at Avenue Park Phase 1 towards the Embakasi village terminus and “rolling on the ground like a bus for a distance of about 3km”.

“The Embakasi railway track is an eyesore, pathetic and a disgrace. But despite numerous complaints from passengers, RVR has done nothing about it,” laments Musembi.

Right of Reply

Samsung explains jumbled digital television signals

This is in response to a complaint in PointBlank on May 22, 2013 raised by Antony Irungu in regards to scrambled signal on his Samsung digital television.

First, we are very proud indeed to have him as our customer. We take great pleasure in this and hope that we will continue being his preferred brand for all his electronics and household appliances for a long time to come.

His query relates to receipt of digital signal in his integrated TV. We apologise for getting back rather late, but it was because we needed to conduct some checks with the Communications Commission of Kenya (CCK) with regards to his query.

As you are already aware, whereas Samsung provides the TV set, provision of content is by licensed service providers, in this case Signet (KBC) and Pan Africa Network Group (PANG).

Currently, and as confirmed by CCK, signal feeds of some local media houses disappeared from the digital platforms for unknown reasons.

This is currently being probed with the hope of resuming normal service as soon as possible. This could be the reason as to why he may be receiving the scrambled signal message even for channels that are free to air (FTA). To contact Signet, you need to reach KBC, while for PANG he may contact StarTimes.

It is also important to note that the digital signal is not yet available nationally but is being made available progressively by region/town. The following towns already have access to the signal: Nairobi, Mombasa, Kisumu, Nakuru, Meru, Eldoret, Nyeri and Kisii. Where there is no signal, one receives a ‘No signal message’.

Emmanuel Abraham Naicca,

Manager – VD,

East and Central Africa,

Samsung Electronics East Africa

Migori TV enthusiast who can’t decode CCK message

I recently complained here over unavailability of digital television signals in Migori. Later, one of the Communications Commission of Kenya officials informed me that signals from Signet and StarTimes are found within the environs of Kisii. Does he want me to relocate in the area to make use of the decoders? Migori residents are not getting justice.

It’s worse when the decoders are being sold but we can’t get the service. The funny thing about it is that the signals are being received on the Kenyan-Tanzanian border, which is about 60km from Migori. Can we be given concrete reasons as to why we can’t get the service? I can be reached at petersonoush2003@yahoo.com.

Peter Auma,

Migori

Leader raises concern over crime wave
Updated Sunday, May 5th 2013 at 22:11 GMT +3
By ERIC WAINAINA

KIAMBU; KENYA: Kiambu MP Jude Njomo has protested over increasing in security incidents in the area.

This follows a Friday midnight raid at Kiambu Municipal Council offices, where a watchman manning the premises was murdered and another critically injured. The armed gang broke into the council offices where they made away with Sh220,000 and the mayor’s chain.

Njomo said, previously, in security had gone down in the area but the recent trend is worrying.

“Cases of breakages in homes and institutions have gone down. We were only suffering from computer thefts in learning institutions but now it seems the gang is back and terrorising and killing their targets,” the MP said after visiting the facility.

Kiambu Municipal Council offices were reserved for Kiambu Governor but William Kabogo said they are in bad shape and not enough to host him and his staff.

Organised gang

In the recent past, several cases of breakages in learning institutions and Government offices where culprits steal computers have been reported across the county.

Njomo said he had had a meeting with the area security committee where he raised the issue. He said the return of criminal activities would hamper development and scare away investors.

On Monday last week, a gang unsuccessfully attempted to raid Kiambu High School.

“Police should get to the bottom of this matter because it seems there is an organised gang targeting various institutions and the situation should be contained before it’s too late,” Njomo added.

County Commissioner Wilson Njega said they have commenced investigations to nab the culprits who are still at large.

“We took samples of fingerprints at the scene for forensic examination and we are also following leads which could help us get them,” Njega said.