Category Archives: HEADLINES

Kenya: Constitutionalism, not tribalism should be our guide

By Tom Alila

The people of Kenya have followed the recent engagement between Deputy Prime Minister Uhuru Kenyatta and an amorphous group that calls itself the Luo Nyanza professional and business caucus with much interest. Whereas inter-communal engagements are to be encouraged and should be the norm, this particular engagement in my view marks a new low point in the political development of this nation.

First of all it was a tacit admission on the part of the finance minister that there has been a deliberate effort to discriminate, stigmatize and exclude certain regions and communities in this country from enjoying the fruits of development. This was the “siasa mbaya maisha mbaya” developmental model bequeathed to the nation by the Kenyatta and Moi regimes. The finance minister, who is the crown prince of the old order, appears hell-bent on sustaining this anachronism. A cursory glance at the profile of staff and holders of plum positions in some of the key institutions under his docket, say KRA, Treasury and Central Bank will reveal he presides over the worst cases of tribal hegemony in public institutions in the whole country.

Indeed it is precisely in response to the exclusive, whimsical, personalized and tribalised abuse of political power by the executive to reward and punish communities, groups and regions that Kenyans decided to vote for a new constitutional order that would bury the ghost of “siasa mbaya maisha mbaya” once and for all. The new constitution lays out the principles and institutions that will guide the hitherto manipulated allocation of resources and economic investments. The thinking behind this was that no group or region would ever again be held hostage to the whims of individuals in seeking their rightful share of national resources and the needed investments in economic and physical infrastructure.

Secondly, engaging with anything with the prefix Luo, including political charlatans, would appear to be a belated attempt at fashioning some “nationalist” credentials for the finance minister. Kenyans view this feeble effort against a backdrop of his intolerant and chauvinistic rhetoric, as we have interacted with in the last few months. But such is the incredulity and poverty of thought in some of our leaders that they would want us believe they have undergone some metamorphosis overnight and embraced those who were the objects of their passionate hate only the other day. This is not say that it is an impossibility for a change of heart to take place. Did not Saul, that famous persecutor of Christians, become the famous Paul who is credited with the highest number of chapters in the bible? Such a change would be most welcome, but more objective indicators would be needed to demonstrate this. A good point to start would be to de-tribalise the financial sector, not for the sake of Luos only, but for the sake of all Kenyans.

Kenyans remember that here is a man who inherited a powerful and national KANU political benemoth, with more than 130 MPs from all provinces in 2002, bequeathed him by president Moi. He had squandered this massive political capital in a record five years. By the time he re-joined parliament in 2003, he had just over 60 MPs, losing more than half the MPs he inherited. By January 2008, he had only 10 MPs, and he had betrayed his partisan inclinations when he abandoned a national KANU party, and rode the dysfunctional GEMA tiger otherwise known as PNU. In the process he gained global infamy as the only official leader of the opposition not to contest national leadership against an incumbent. Lately, we understand that women are excluded ab initio from his politburo of GEMA “elders”, yet again betraying a deeply chauvinistic bent to his persona. The politics and development of exclusion seem therefore to come so naturally to him. Impatient with functional political institutions and the rule of law and constitutionalism, he continues to toy with some loose amalgam of political opportunists named G7 (7 provinces except Nyanza), whose sole raison d’etre is apparently to leave out the so called Luo-Nyanza from the national political and developmental calculus.

Most of the country’s business is done with our regional neighbours, and Kisumu has long merited to be developed into a regional transport and industrial/business hub, given its strategic location. This has not been prioritized. Instead what we have witnessed is the frenzied development of a 10-lane Nairobi-Thika superhighway that is not even the country’s economic artery…this distinction belongs to the Mombasa-Kisumu-Busia/Malaba highway. Similarly, the world’s second largest lake has no hotel comparable to hotels in the Ugandan and Tanzanian side of the lake. Instead, what would be considered as ponds by comparison, such as lakes Naivasha, Elementaita and Nakuru, host a plethora of world-class tourist hotels. The sugar/cotton sectors that do well in Nyanza/western provinces and irrigation schemes in this part of Kenya do not enjoy the clout and policy/financial support that is accorded say dairy, tea, maize, and coffee.

It may yet be asked therefore: What inclusive agenda for Kenyans has Uhuru ever pushed? It should be re-stated for the benefit of Uhuru and his ilk, that Nyanza (whether Luo or Kisii/Kuria), Central, Rift valley, North-eastern, Western, coast, eastern and Nairobi all deserve resources from the government. There is no need to resort to developmental blackmail and the principle of luo-exceptionalism.

The writer is KANU Chairman Ndhiwa

KENYA: WRANGLES ROCK UHURU AND RUTO NYANZA TOUR

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BY JEFF OTIENO

The long awaited tour of Nyanza Province by the Deputy Prime Minister who is also the Finance Minister, Uhuru Kenyatta and Eldoret North MP, William Ruto has been hit by wrangles and could as well be called off.

During the recent luncheon in a Nairobi hotel which was hosted by Uhuru Kenyatta and a group of Luo professionals led by Freedom and Democracy Party Supremo Onyango Oloo, it was agreed that the tour be slated around Mid May.

But speaking to this writer on telephone, former Agriculture Minister William Ruto point man in Nyanza a Mr. Mbuta said the former Minister told him while in an overseas trip in Malaysia that he has not been informed of the event contrary to press reports.

“The former Minister is shocked to hear that and whoever is saying otherwise is mistaken,” Mbuta quipped.

Contacted for comment, Freedom and Democracy Party leader, Onyango Oloo thundered that plans to host the duo and over 120 MPs will go as planned irrespective of “attention seekers and paper tiger kind of antics.”

It has however emerged that before the historic tour of the region, a group of respected Luo elders and opinion shapers are scheduled to go to Gatundu Uhuru Kenyatta’s backyard to do a gigantic and intriguing task of reconciling Luos and Kikuyus before the next polls. “This bad blood and suspicion between us must be harmonized and I have done all the logistics to ensure the reconciliation agenda is achieved,” Oloo said in an interview.

Oloo added that all tangible economic benefits which has eluded the community for decades has been agreed upon between him and his allies emphasizing that his is politics with development devoid of rhetoric.

Keen political pundits led by Mumias Sugar Sales Executive, Peter Hongo who is also hopeful for Kisumu County Governor seat however told Oloo and his allies not to personalize their campaigns but instead popularize their party which is still a green horn.

“As a community we won’t allow divisive under tones to derail our quest a head of 2012,” Hongo said.

The main theme of the controversial tour is to preach peace and unity in the region and to fund raise for all women and youth groups. The two leaders will also hold a meeting with some stakeholders to identify key moribund economic outfits to be revived according to inside sources.

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KENYA: ONE OF PM RAILA ODINGA’S AIDES IS UNDER SCATHING CRITICISM

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By Our Reporter in Kendu Bay {L.O.Omolo}.

AN aide to the Prime Minister Raila Odinga has come under scathing criticism in his home backyard of Karachuonyo constituency where he is being accused of having been an instrumental tool of destruction and divisive politics.

Dr Paul Adhu Awiti, the immediate former Karachuonyo MP who is currently working in the Office of the Prime Minister as a political adviser is being accused back home for being the architect of divisive and the existing disunity of ODM party officials and members in the area.

They want him to concentrate on his new job of advising the Prime Minister or else quit and come home to participate in open competitive politics instead of hiding at the PM’s office in Nairobi while causing disunity back home.

Dr Awiti who had previously represented Karachuonyo constituency for close to 12 years before he lost the seat to the incumbent Eng.James K Rege in the 2007 general elections is said to be spending most of his valuable time criss crossing the vast and heavily populated electoral constituency in Rachuonyo North District addressing ODM party rallies.

His accusers alleged that during the now twice postponed party grass root elections, the former legislator who at one time served as the Minister for Planning during the brief KANU/LDP merger under the retired President Daniel Arap Moi had taken side with one function. He is doing all thee with the purpose of undermining the area MP, something which residents of the area view as being detrimental to the development of the area.

A group of party youths and leader who met this writer at Kendu-Bay made it categorically clear that the former MP should concentrate on his job and role as political adviser to the Prime Minister. He should leave the ODM party matters to the local leaders and concentrates on his new responsibility.

The group led by one Dan Ojijo sad the former MP should give the residents a break and a breathing space of time to concentrate on development work. He is operating as if the area is always under political siege and election mood. The former legislator, said Ojijo, “had served his two and half terms in Parliament, but left no sign of any tangible achievement in development.”

During his terms in Parliament, the former MP had taken refuge in Nairobi and was not bothered to work with the locals in promoting development. He was always absent from the constituency, but of late he has become visible addressing party rallies or funeral gatherings here and there.

Despite of having performed dismally during his time in Parliament, we have a lot of respect to the former legislator, and he should also reciprocate this good gesture and follow the suit of the likes of Madam Dr Phoebe Muga Asiyo who had also represented the constituency for over ten years but has since retired honorably from active politics. In comparison, Mrs Asiyo had left a mark of remarkable achievements in terms of development whereas Dr. Awiti has nothing to account for to his credit of having been achieved during his tenure of office.

The residents have smelt a rate and are reading the signs of mischievous for someone serving in the office of the Prime Minister being seen running up and down playing local politics. If his role as the adviser to the Prime Minister has no responsibility to carry with it, then he should come home. This is because his continuing participation actively in local political derby is painting the Prime Minister the wrong way in the eyes of the electorate,” said one civic leader who requested for his anonymity on fear of reprisal.

The group maintained that the elections are still far away, and all the stakeholders should give the sitting MP sufficient time to carry out the noble task of developing the constituency. The area should be free of combative kinds of politics.” they said.

The group said Karachuonyo needs all weather and passable feeder and access roads, especially those linking the Central and the West which is known as “ Kendu-Bay Pala Road. The people need fresh water for life, good infrastructure, electricity supplies and other easy means of communications and not the series of political rallies which are full of empty political slogans.

The residents say, the have had enough of political rhetorics of the past and want to concentrate on tangible development activities such as promoting the cash minting and lucrative cotton production in the areas, improved farming for food self sufficiency and security.

They commended the effort of the sitting MP and his development record, and particularly the way the local committee of CDF under his guidance has been disbursing the money for the targeted and budgeted projects, and would therefore not entertain anymore divisive politics.

All the residents of Karachuonyo constituency are staunch supporters of the Prime Minister Raila Odinga, and the ODM party. There is no doubt about it and as such their loyalty should be direct and not through proxies. They would not tolerate anyone preaching negative politics in the area which is so retrogressive and detrimental to development of the region.

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Kenya: Many parts of Luo-Nyanza are experiencing acute food grains shortage as hunger looms large

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Writes Leo Odera Omolo In Kisumu City.

FARMERS and members of the general public in Nyanza Province are in a great panic as the result of the expected crops failure following non-arrival of the long rains in parts of the region.

This year’s rains arrived on time towards the end of March and in early April, but shortly disappeared after the farmers who had already cultivated their fields and ready for planting.

The scarcity of the rains has since sent the prices of food grains skyrocketing to levels unaffordable by local peasants. Two kilograms of un-grinded maize has jumped from 70/- to 120 in many parts of the region. This is considered the highest in a region where the capital of the ordinary people is rather low, forcing some families to go without food for a day or two.

If the rains fail to fall within the next two weeks, then close to 800 people would face a serious hunger and require famine relief food, something which is unusual in the culture of the people of Luo-Nyanza who believes in self-sufficiency in food for domestic consumption.

Experts say that if the rains don’t come within the next two weeks, the region could be plunged into a big famine within the next four months.

The worse hit area in the low laying locations along the shoreline of Lake Victoria which has yet to experience the downfall ever since the first week of April this year.

A survey carried out by this writer revealed that many parts of the region will go without food grains if there will be insufficient t rainfall up to the first week of May. A long rain in Nyanza usually arrives around the first week of April and continues until middle of June or at times extends up to the beginning of July.

The Areas which have experienced inadequacy of rainfalls this season include Lower Nyakach, Eastern, Central and Western Karachuoyo, Kochia, Gem, Central, and West Kanyada in Asego Division of Rangwe, All are within the Homa-Bay County.

Also affected are areas in Rarieda constituency, which are usual get the highest yields of food grains like Uyoma., Asembo. It is the same phenomenon in Kisumu west district, which covered Seme locations.

Other areas facing the looming famine include the two fishing island of Rusinga and Mfangano. The situation is likely to extend to the neighboring constituencies of Gwassi, Nyatike and even the lower part of Uriri.

Passengers travelling from Kisumu to Homa-Bay could easily spot maize crops burnt by humidity situation in the entire Rachuonyo North district stretching from Nyakwere to Oluch-Nyangweso along the Karachuonyo Rangwe borders.

The hunger situation is partly aggravated in that the region had crop failure last season. The government’s recently clamping down a total ban on Omena fishing worsening the situation from bad to worse. The ban will extend for three months from April to July, and the Fisheries Ministry says this will give Omena the smallest fish, but economically important to the rural folk sufficient time for breeding.

The ban has provoked harsh reactions from local politicians who felt it was undesirable, particularly at this time around when the areas affected are facing acute food shortage and want the government to rescind its decision.

The trio issued separate statements arguing that owing to the present pathetic situation of acute food grain shortage in the region the fishing of Omena and its sales should be allowed to continue for the sake of the survival of the residents.

The trio include the Karachuonyo MP Eng.James K Rege, Nyatike MP Edick Omondi Anyanga and the ODM party youth coordinator Hilary Ochieng’Alila.

In the upper areas of the greater Southern Nyanza, it has been raining, but sparsely in areas like Kasipul-Kabondo, Rangwe, Ndhiwa, Rongo, Uriri and Migori district. But the rains are also still inadequate for the new corps to flourish in the field.

Other leaders have appealed to the residents to plant the roots yielding crops such as sweet potatoes, cassavas etc for heir survivals. Clergymen have been conducting vigorous, but session of prayers in churches for the rains to come.

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EAC is suggesting plan to create equity on staff hiring and other policy changes

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Writes Leo Odera Omolo.

The East African Community is currently suggesting a plan that will create equality in the distribution of integration benefits, opportunities and organs.

This is meant to stem tension created by recent jostling over the position and hosting of regional bodies that in the past led to deep disagreement among partner states.

Except for the position of the Secretary General who is deputized by four officials from each partner states and is rotational by an Act of the EAC Treaty, other position no clear representation criteria creating what in some corners has been perceived as unequal.

The region has commissioned a study on equity and distribution of benefits such as employment that is expected to be reviewed at the 22nd ordinary Council of ministers meeting slated for Arusha next week.

In addition, each partner state has been asked to identify five centers of excellence which will elevated to the status of EAC organs, and used to foster regional pursuits. Among those identified in Kenya are Starehe Boys Center, and the Maritime College.

The developments stem from realization that the East African Community has outgrown its original structure and now requiring for urgent review to reflect the current developments.

A recent press statement from the Arusha based EAC secretariat indicates that many citizens are not aware of the benefits of integration due to luck of documentation. Although the study is yet to be made public, top on the benefits distribution is rotating the succession of senior officials, on a limited term on that basis. This will widen the list of key posts that should be rotated among the five partner states other than of the Secretary General and is four deputies.”

The Council of Ministers, the policy making organ of the community, has resolved that the position of heads of institutions should be held by nationals of the partner states “strictly on rotation basis,” the statement said. The announcement has also been made with increasing signs that the partner states were jostling to have their nationals take charge of key posts in Arusha-based secretariat and in other programs derailing smooth operations.

The former Secretary General Ambassador Juma Voster Mwapachu before his departure from the community services last week when he was replaced by the Rwandan Health Minister Richard Sezibera had told the staff during various meetings that lack human resources department at the secretariat was to blame for the jostling, but even where the law is clear, certain developments lead to heated arguments.

A case in point is that of Mr Mwapachu who exited from the community service last week, and whose succession has been subjected to his profile exchange based on who between Kenya, Rwanda and Burundi succeed Mwapachu who stepped down last week.

Under the new guidelines, a partner state whose candidate is appointed head or deputy head of a community institutions shall not at the end of the contract period, be eligible to apply for the position.

Other reports emerging from Arusha says there I a stand off is looming at the EAC secretariat following the East African legislative Assembly MPs recent refusal to approve the USD 3.48 million meant to speed up negotiation for Economic Partnership Agreement{EPA with the European Union.

At the 23rd extraordinary meeting of the EAC’S Council of Minster’s meeting held in Kigali, Rwanda a fortnight ago, the Council was reported to have petition the East African Legislative Assembly {EALA} MPs to allow the use of the funds donated by the Swedish International Development Agency {SIDA} for the EPA talks.

The stand off has been simmering since last December when the community asked for the funds under supplementary budget, but the request was turned down on the ground that using donor money for the EPA talks would erode the bloc’s independence and lead to the region yielding to the demands of the EU.

Last Tuesday, a report was tabled before the house by the Council requesting EALA to reconsider its decision and unlock the funds to jumpstart the stalled talks.

EALA Speaker Abdulrahin Abdi confirmed the House had received the report and had requested time to study it and response and that it would be debated at the May session.

Part from the concerns the donor funds would weaken the region’s bargaining position. EALA has raised the questions about the benefits of the EPA, saying they would open the local markets import for international goods, killing off fragile local industries, especially in agriculture.

Speaker Abdi said the entire House supported the decision, and needs to be convinced that the EPAs will not leave the region’s economy under siege from cheap imports.

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EAC summit expressed concerns about the Political Federation as concerns mount abut democratic credential of some partner states.

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Reports Leo Odera Omolo

The planned political federation of Eastern African countries might be delayed owing to different application of democracy in some member states.

The fears and subsection surfaced this week at the end of the two days ninth extra-ordinary summit of head of states meeting in Dar Es Salaam.

Leaders in the fine East African nations in a stalled regional bloc admitted to broad concerns over the union with Uganda’s current unrest and a monetary union among the sticking points.

The presidents of Kenya, Tanzania, Uganda, Rwanda and Burundi met in Dar Es Salaam on Tuesday to review the status of the East African Community, a regional economic and trade union similar to ones elsewhere in Africa.

The leaders said in a final statement, that the team tasked with finding out what their cities thought about the bloc had “identified fears, concerns and challenges. ”The statement, however, did not elaborate but simply said the team would draw up “concrete proposals on how to address th9se fears, concerns and challenges” before the next summit scheduled for November in Burundi.

A political federation would necessarily mean that members lose some degree of sovereignty and some diplomats worry that constitutional reform, in several countries, notably in Kenya, is complicating moves towards integration.

There are also concerns about the democratic credentials of some of the partners such as Uganda, said Tanzanian opposition leader and top economist Prof. Ibrahim Lipumba.

Uganda President Yoweri Museveni has n recent weeks clamped down on opposition protests tarnishing his democratic image. He has been in the forefront championing the formation of an East African Political Federation with one president, one single currency and shared mineral and other resources. Prof. Lipumba said, ”Our countries should first be democratized adding; “A leader who does not respect the constitution of hid country will not respect the constitution of the East Africa political federation.”

Those back tracking the political federation had set the year 2015 as the deadline for the birth of the much highlighted political federation of East African countries, though experts and political pundits have expressed doubt about the plans viability and political goodwill.

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EAC get the new Secretary General from Rwandaand other far reaching change in its secretariat

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Writes Leo Odera Omolo.

Top Rwandan government official was on Tuesday picked up by the five heads of state meeting in Dar Es Salaam as the new Secretary General of the East African Community.

In attendance were Presidents Mwai Kibaki of Kenya, Jakaya Kikwete of Tanzania, Yoweri Museveni of Uganda, Paul Kagame of Rwanda and Pierre Nkurunzinza oif Burundi and ther Ministers responsible for the East African Community Affairs.

The summit which was attended by all five presidents of Kenya, Tanzania, Uganda, Rwanda and Burundi also made some far reaching changes in the administration of the regional body.

The Rwanda Minister for Health Dr Richard Seribera, a Makerere University trained surgeon now takes over from the previous holder of the office Ambassad0r Juma V. Mwapachu a Tanzanian whose tenure of five years terms expired early this month.

This appointment now brings to an end heated discussions and exchange of bitter word between the members states which had threatened to disrupt development and regional integration.

Dr Seribera was picked up during the ninth extra-ordinary summit of the Heads of State summit held in Dar Es Salaam from 17 to 18 April 2011.

Also appointed during the summit was Enos Bukuku who will now be the EAC Deputy Secretary General in-charge of the Infrastructure and Planning. He replaced Aloys Mutabingwa of Rwanda.

Dr Bukuku has been serving as one of the deputies at the Bank of Tanzania in-charge of economic and financial policy. He is a former Permanent Secretary I the Tanzanian Ministry of State for Planning and Privatization

The new Secretary General is expected to spearhead negotiation to the establishment of the EAC Monetary Union. Kenya’s Justice Isaac Leonola is the new presiding Judge of the Arusha based East African Court of Justice. The Kenya High Court Judge had played a leading role in the search for the new set of the country’s constitution when he was named a commissioner in the Constitution of Kenya Review that Prof.Yash Ghai chaired.

Justice Leonola is currently the chair person of the Kenya Mag9strates and Judges Association. The newly appointed team was immediately sworn in on Tuesday afternoon.

The next move by the regional body would now shift to the next pillars of the EAC, the Monetary Union and political Federation.

The new Secretary General s expected to spearhead negotiation for the establishment of the Monetary Union whose proposals are already under discussion. The Monetary Union is expected to establish a single EAC currency which has been slated to be in place by next year.

However, top economists in the region have questioned the ambitious target, citing the European Union experience where currencies were merged after several years of intense debate. How the region will achieve the proposed union now lies with the new CEO.

The new Secretary General will also have an uphill task of oversee the movement of the EAC toward a political federation by 2015, which some analysts have expressed doubt about its viability.

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KENYA: POLICE RECRUITMENT TO BE CONDUCTED IN A DIFFERENT METHOD.

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By Dickens Wasonga.

The 7000 young Kenyans hoping to be enlisted into the yet to be established Kenya Police Service will for the first time ever appear before a recruitment panel instituted to ensure the exercise is free and fair.

And unlike in the past , the exercise will be carried out in the presence of several observer groups and eligible candidates will be given the opportunity to chose either to serve as the regular or administration police officers.

But they will also have to apply for the job by filling in an application form to show they have an interest to be hired.

Another noticeable departure from the past is the fact that the recruitment for APs and the regular police officers will be held jointly and in a single day countrywide unlike in the past where such exercises were carried out in different dates.

As part of the police reforms which were launched in the year 2003 the police officers seeking to be absorbed will now be hired by a district recruitment committee which will be chaired by the district commissioners and assisted by relevant technical officers drawn from various government ministries.

The officers will include the Officer commanding police divisions, the district officers of health, the district education officers, district registrar of persons and the district intelligence officers and their criminal investigations counterpart.

Even a religious groups will be represented together with the business community. Reporters will also be allowed unlimited access to cover the exercise and no team should bar the press from the recruitment venues.

According to the deputy police spokes person Mr Charles Owino, the changes are intended to ensure the process of hiring recruits is not only free and fair but also responsive and representative to the needs of the citizenry.

Owino said the rot that has bedeviled the force in the past was partly due to the poor recruitment exercises which were riddled by nepotism and claims of corruption.

” If you get the process of hiring wrong then the whole intention of having a professional system can not be met” he said

The senior officer who spoke to journalists at Kisumu’s Tom Mboya Labor college during a briefing of the new guidelines to officers who will oversea the coming exercise from Nyanza and Western provinces. He said constables picked will during the exercise will undergo 15 months training either at the Administration police training college in Embakasi, Kenya Police Training College in Kiganjo or the G.S.U training school in Nairobi.

The commissioned cadet officers will undergo 21 months training under a new curriculum for the two services .

Part of the members of the district recruitment committee follow proceedings of the meeting at Tom Mboya Labor College .

Out of the number targeted for the exercise, 10 per cent should be graduates while 30 per cent will be women in line with the government’s affirmative action.

The Nyanza Central regional commissioner warned the recruiting teams to avoid the temptation to favor any applicant who fails to meet the set requirements and pledged that the government will disciple those found engaging in corruption during the exercise.

Height of candidates which in the past barred many hopefuls from joining the force will not be an issue to look at this time and any candidate eliminated must be told by the recruiting teams the reason why they have to be dropped at every level.

The teams were also directed to ignore directives from any senior officer either from the force or the government departments who try to influence the out come of the recruitment exercise.

In the past senior police officers from police headquarters and senior government officials, MPs and ministers have been accused of demanding to be given slots to have their friends or relatives hired in the respective districts.

ENDS.

KENYA: HIV DRUG TRIAL FAILS IN KENYA AND THREE OTHER AFRICAN NATIONS

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By Dickens Wasonga.

A large HIV prevention study involving over 3000 women in Kenya and three other African other has suffered a huge set back after it was ordered stopped by an independent body which review trial data to ensure that participants are not being adversely affected by a daily dose of the study pill.

The revelation that has surprised the scientists involved in the trials was taken by the Independent Data Monitoring Committee which directed the researchers to bring to an early closure, the clinical trials of Truvada, an ARV which was under investigation to see whether it could be given to prevent HIV infections on HIV negative women who are at higher risk of getting virus.

scientists showing journalists around the clinical trial site offices in Bondo

According to the scientists, the trials had to end prematurely after preliminary review indicated the study pill was unlikely to prevent HIV infections amongst women as earlier expected even though huge amounts of money could have gone to waste.

The Female pre-exposure prophylaxis study whose preparation began in 2007 in Bondo district, the only study site in Kenya was scheduled to end in June next year and was designed to study whether HIV negative women of between the ages of 18 to 35 and at the higher risk of infection by the virus could safely use a daily dose of the pill called Truvada to prevent infection.

The study was underway in two other African countries namely Tanzania and South Africa. In Harare Zimbabwe, a site was to be established in collaboration with the University of Zimbabwe and it was scheduled to begin FEM-PrEP trials in mid 2011 but the site could not be initiated due to the premature closure and no participant was enrolled.

But the trials were on going in Bondo and Rarieda of Nyanza province where screening for the would be eligible participants started in 2009. A total of 1495 women in the targeted group were screened and 739 of them were enrolled into the clinical trial that had initially given hope to the researchers involved.

Out of the number that was screened 992 failed the tests and were excluded from the study. By the end of last month, 331 women enrolled had been in the study taking the trial pills for one year.

The study whose fate now appears to hang in the balance at least until the committee that monitors similar trials all over the world gives its verdict was being implemented by the Family Health Internationla in partnership with the Impact Research and Development Organization and other research centers in Africa and had intended to enroll 3900 women in all the study sites in the four African nations when completed..

It was being funded by the United States Agency for International Development [USAID], with early funding from the Bill and Melinda Gates Foundation and if it proceeded to its logical conclusion , the Kenyan site alone would have gobbled an estimated 4 million US dollars.

So what went wrong?

Dr. Kawango Agot, the director of Impact-RDO and FEM-PrEP site investigator for the Bondo study area said this preliminary result from the study does not eliminate Truvada as a potential HIV prevention method for women.” what we can say is that, at this time, it cannot be determined whether this drug works to prevent HIV infection in women in the FEM-PrEP trial.Other ongoing HIV prevention studies may be able to shed further light on the effectiveness of Truvada among women” she said.

HIV scientists in Kenya and other countries were surprised and disappointed by the interim results, especially because another recent study called iPrEx, found that the same drug, Truvada, could prevent HIV infections among men who have sex men at risk of the virus.

According to the Kenyan team, the reason for the surprising findings among women in the FEM-PrEP study is not clear at this time. They believe it could be the women who were on the study were not taking the study pill consistently very day and that the drug works differently in men and women.

The scientists have not yet finished analyzing all the FEM-PrEP data and they are currently investigating a number of possibilities. But Dr. Agot said the study will now be closed over the next few months as study participants complete their final study visits to the Bondo clinic. She said the preliminary results have already been shared with most of the participants ,the local communities are also being informed at this i moment . ”Once the final results are known, they will be shared with everyone” She added.

Is it possible then that the participants may have failed to adhere to the drug?

According to the researchers, socio behavioral information plays an important complementary role in HIV prevention clinical trials. The behavior of the participants , such as their regular attendance at the scheduled clinic visits and their adherence to the study pill is fundamental to success of clinical trials.

As part of FEM-PrEP, the study team said they developed and monitored procedures for reaching women who were at higher risk , implemented strategies to promote adherence to the study pill, examined aspects of clinical trial that were difficult for participants to understand and promoted community engagement in research. Data were also gathered on adherence to the study pill and on participants sexual behaviors while taking the study pill.

So who did not do what and why ?

Documents relating to the study confirms that during trial implementation , the study teams monitored and provided on going feedback about recruitment strategies, comprehension of the informed consent process, and counseling to improve adherence to the study pill, risk reduction and contraceptive counseling , as well as community education and outreach.

Data was also gathered to understand general issues of adherence and sexual behavior in the context of the clinical trial and they systematically engaged community stakeholders in the research process.

The claim therefore that participants failure to adhere to the drug stand very slim chances of raising a debate amongst observers. This is because in their own findings, 90 per cent of the participants in all the study sites in the participating countries made a come back for the follow up visits every month and were retained in the trials.

As at the 18th of February this year, preliminary findings indicated that 95 per cent of the study participants had adhere to the study product. 5 per cent of new HIV infections were noticed on participants although the scientists at the Bondo site had expected 4 per cent and 56 new infections occurred in all the sites.

The primary goal of the study in addition to assessing the effectiveness of Truvada in preventing HIV infection in women is to evaluate its safety when used daily by women who are not infected with the virus.

It is licensed as an HIV treatment by the drug regulatory agencies in a number of countries , including Kenya, Tanzania, South Africa, Zimbabwe and the United States. It has shown to be safe if taken by HIV positive people for the treatment of HIV.

Because the drug had not been assessed as a drug to prevent HIV, a primary goal of PrEP clinical trial is to evaluate its safety amongst its HIV negative people. The iPrEx clinical trial, which released its results in November 2010, found no substantial safety concerns when Truvada was taken by men who have sex with men to prevent HIV.

But following a scheduled interim review of the FEM-PrEP study data, the Independent Data monitoring Committee advised that the study will be highly unlikely to be able to demonstrate the drug’s effectiveness in preventing the HIV in the study population even if it continued to its originally planned conclusion.

And with that verdict of the committee the entire team in the trials were thrown into abrupt halt of the project that has gobbled millions of shillings from the sponsoring organizations.

ENDS.

Kenyans are demanding for the retrial of Ruto’s fraud case involving Kshs 96 million

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Writes Leo Odera Omolo.

CIVIC societies in Kenya are up in arms against the last week’s court acquittal of the suspended Minister for Higher Education William Ruto and his two OTHER co-accused The civic societies have since been joined by politicians demanding for a re-trial f the duo arguing that justice was not done in the case.

Ruto had faced criminal charge of fraudulently receiving Kshs 296 million from the illegal sale of forest land in Nirobi’s Ngong suburbs.

The Mnister was charged together with the former Commissioner of Land Sammy Mwaita, who is currently the MP for Baringo Cetral Constituency, and the former President Moi’s aide Joshua Kulei.

A Nairobi Chief Magistrate acquitted the trio on the strength that the prosecution had failed to prove its case. Key witnessed was not produced in court to testify whole those summoned by the prosecution turned hostile.

What ha elicited the controversies is the disclosed by the Kenya weekly the SUNDAY NATION, that a key prosecution witness Ms Hellen Njue formerly the Finance Manager of the Kenya Pipeline Corporation {KPC} was offered a new lucrative job by William Ruto in his Ministry of Agriculture docket to forbear her from giving evidence against him {Ruto}.

Ruto knowingly that he was facing a serious fraud case, appointed Njue to the board of trustee of the Coffee Development Fund in 2009 at the time when he had already been charged with the allegation of receiving Kshs 96 million from the KPC a parastatal corporation of the Kenya government.

In today’s edition of the daily nation one of the leading newspapers in this region quoted Mr Emmanuel Dennis the leader of the National Youth Sector Alliance as saying that the case has sparked off the blame game between the police and the prosecution department of the Attorney General’s Office. Each has blamed the other for having done shoddy job and failing to produce booked prosecution witnesses.

According to a court report a total of 18 prosecution witnesses were booked. Five of them have died mysteriously while 13 could not be found to come to court and testify. Those who gave evidence were viewed as having turned hostile to the prosecution case.

In acquitting Ruto and his –co-accused Matembei made it clear that Ms Njue was the most likely to be likely witness which should have testified and tell the court how she paid the money and to who did she handed the money. If she could not be produced in court to testify than it clear that none of the accused persons ever received any money from the KPC.

The prosecution, said the magistrate had failed to prove its case, thus all the accused persons have no case to answer,” the magistrate said.”

Ruto’s appointment of Njue to a parastatal under his Ministerial docket at the time when he was facing fraud charges will be seen as curious considering she was of the key witnesses the prosecution would have relied on in its case.

Njue could have testified against the Minister had the prosecution sought for her statement or called her as a witness, an omission which has been pointed out by the defense lawyers. No explanation was given as to why Njue was not called as a witness.

“Corporate bodies can only act on human beings and not evidence was placed before the court on identity of persons representing the corporate bodies who made false representations to Hellen Njue,” defense lawyers argued.

The NATION report further revealed that at the time of the appointment Ruto was already facing a charge of fraudulently receiving money from Njue, acting on behalf of KPC, by pretending he could sell to the Corporation1.75 hectares of land in the Ngong Forest. The offence is said to have been committed on September 29th April, 2001”The notice was signed by Ruto. Ms Njue tenure at the board ends in April, 2012.

The Coffee Development Fund was established in 2001 to provide credit and advances to the coffee farmers.

Ms Njue’s appointment, according be a member of the board of the Coffee Development Fund for Agriculture appoints ms Hellen Njue for a period of 3 years with effect from April 29, 2009. This revelation has caused the storm within the seemingly shaky coalition government of the PNU and ODM parties. The two principals President Mwai Kibaki and the Prime Minister appeared to have steered clear of the court matters

The report says Hellen Njue as a senior KPC official should have been in court to testify. The prosecution charge sheet of July 27, 2004 did not list Hellen Njue among the ten witnesses in the case despite investigating team asserting that Ruto obtained Kshs 96 million from her by false pretences. This means that she was the complainant alongside KPC, and therefore would have been a prosecution witness.

Ends

Tanzania: Africa’s most important forum investors conference open in Dar Es Salaam

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Writes Leo Odera Omolo.

About 400 delegates from are gathering in Dar Es Salaam this week for a two days debate key issues facing the investment sector in Africa.

Dar hoped to use this opportunity to woo more foreign capital by hosting a forum for African investors anticipating more foreign direct investment as economies rebound globally.

The 9th African Investment {AIE}, which opened today and will close on Tuesday 19th April,2011.It is being organized by the Commonwealth Business Council in collaboration with the East African Community.

One of the key issues will be how to attract investments into EAC and to tackle challenges faced. The decisions made at the Dar meeting are likely to shape trade investment in the region.

President Jakaya Kikwete said in his opening address that the meeting will also focus on promoting linkages between African economic clusters to attract new investment.”We will be pleased to welcome investors with a long term interests in Tanzania and the EAC,” said the President in a message to the conference.

Kikwete will tomorrow host fellow Presidents Pierre Nkurunzinbza of Burundi, Mwai Kibaki of Kenya,Paul Kagame of Rwanda, and Yoweri Museveni of Uganda for the 9th African Investment round table whose main focus will be on doing business in East African Community.

Other issues include; accelerating East African investment, business in the EAC, enhancing regional investment and trade in the COMESA-EAC- SADC tripartite, public-private partnership for infrastructure development on energy, transport, communications, housing and construction.

Dr. Mohan Kaul the Director General of the Commonwealth Business Council {CBC} the organizer of the event ,said the forum provides a platform to bring investors and projects together to showcase new opportunities, enhance African trade and investment and to build business partnerships.

Dr Kaul said USD one billion worth of projects was up for discussion at the same forum last year in Ghana where more than 200 business meeting were held with 10 memorandum of understanding signed.

Another official of the CBC said the forum will feature a project portfolio of investment proposals that need funding, equity or business partnership in the region. The Dar meeting is expected to provide potential investors an opportunity to establish strong partnership and explore investment opportunities in key sectors such as ICT, financial services, tourism, infrastructure, agriculture and manufacturing and environment.

“Summaries on potential projects will also be available in advance to interested investors and partners, and project holders will be available for on-to-one meetings,” said the official.

The project will be organized according to their countries of origins and sectors they fall under .Each project will have its business plans and investment requirements and technical knowledge needed.

Apart from investment opportunities, other issues to be discussed include the opportunities for East African business improving access to finance capital markets banking and financial services, agribusiness and food security and natural resources and mining. This year Forum will be held along the Summit of the EAC Head of States involving high level dialogue on investment with EAC heads of state.

The forum, which kicks off on Sunday, comes at a time when Tanzania is looking for strategies to increase its FDI to over USD 700 million.

In 2009, the FDI dropped markedly from USD 679 million the year before as a result of the global cash crunch.

Tanzania’s economy depends mainly on tourism, mining and agriculture. And its communications, energy, manufacturing, financial services and transport and attracting rising investor interest.

Ends

Kenya: Raila is still on the lead of presidential aspirants in Kenya says the latest opinion poll

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Wtites Leo Odera Omolo

Prime Minister Raila Odinga remains the most preferred presidential candidate if elections were held today.

Latest opinion poll released by Synovate showed Raila leads the pack with 38 per cent while Deputy Prime Minister Uhuru Kenyatta trails the PM at 18 per cent followed by Vice-President Kalonzo Musyoka at 13 per cent and suspended Agriculture Minister William Ruto at eight per cent.

Gichugu MP Martha Karua was rated at six per cent followed by Saboti MP Eugene Wamalwa and Deputy Prime Minister Musalia Mudavadi who polled three and one per cent respectively.
Synovate lead researcher Tom Wolf after releasing the opinion poll results Friday.

House Speaker Kenneth Marende and Assistant Minister Peter Kenneth polled one per cent each in the presidential ratings.

Synovate lead researcher Tom Wolf told The Standard On Saturday that if Uhuru, Ruto and Kalonzo decided to field one of their own as a presidential candidate, the race will be intense.

“Their combined force if they agree to back one of their own will make the race very interesting as it will pit their choice against Raila,” said Wolf.

He however said the outcome of The Hague process will affect the presidential race.

WARRING ODM FACTIONS

In the Synovate poll released in February, Raila led the list of Presidential hopefuls at 34 per cent from 47 per cent in October last year meaning he had gained four points in yesterday’s poll. Uhuru, who polled 16 per cent in February gained two points.

Kalonzo who was ranked at eight per cent in February gained five points in Friday’s poll.

Forty one per cent of those interviewed said they felt close to ODM as a party followed by 21 per cent who rooted for PNU with ODM-Kenya garnering a seven per cent approval.

On party unity, 67 per cent of the respondents said ODM was the least united political party followed by PNU at 10 per cent and Ford-Kenya at four per cent. The poll showed 48 per cent of those interviewed said dissenting MPs in ODM should resign their seats, join another party and go for by-elections as a means of resolving the division in ODM.

Also, 36 per cent said the dissenting MPs should be expelled from the party while five per cent said the warring factions should reconcile.

Among those interviewed, 83 per cent said they identified with the Raila-led ODM while 15 per cent rooted for the Ruto-led team.

Regarding the investigation and possible prosecution of those responsible for the post-election violence, 82 per cent of the pollsters said they supported Raila’s stance on The Hague process with 63 per cent of those polled supporting Ruto’s stance on a local tribunal.

On the killing of dangerous criminals by police, 67 per cent of those interviewed in North Eastern supported the move with Coast Province giving the least approval of the killings at three per cent.

On the rating of institutions and personalities, the media topped with high approval rating of 88 per cent followed by House Speaker Kenneth Marende, the Kenya Anti Corruption Commission, the Kofi Annan team that brokered the Government Coalition deal in 2008 at 83, 82 and 79 per cent respectively.

Ends

Kenya: How a Kenyan politician one of the ICC suspects lost close to a billion shillings in an airport theft

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Writes Leo Odera Omolo

THE STANDARD one of the Kenya’s leading daily has revealed this morning that police at the Jomo Kneyatta International Airport, Nairobi were actively investigating a case whereby one of the Ocampo Six suspect had lost Kshs 840 million in a mysterious theft.

The paper reported in a page one story that Police are investigating the reported loss of hand luggage containing about Sh840 million in hard cash. The luggage was being carried by one of The Hague suspects at the Jomo Kenyatta International Airport.

The police were told the bag had US$10 million in $100 bills. The bills had been tied in bundles and stuffed in the black bag he was seen carrying when he alighted from the plane.

“He had it when he came, only his bodyguards have recorded statements. He fears the perception the public would have of him if it were revealed he had with him such huge amount of money.

He has asked the police to keep it secret,’’ a senior police officer told The Standard in confidence.

When two of his bodyguards were questioned where they were when the bag disappeared, they explained to investigators they had gone to clear their boss’ papers with airport staff.

The bodyguards reportedly went looking for the bag on Monday evening – more than ten hours after the politician’s arrival.

They also later recorded statements explaining the circumstances in which they suspect the baggage went missing.

Police sources at Criminal Investigations Department headquarters and JKIA revealed the bodyguards cited their boss, saying he forgot the baggage at the VIP Lounge II, as he left in a hurry to board his car on Monday.

US dollars

“They say the bag had a lot of money in US dollars and their boss left it in the lounge, went for a short call, came back, and sat for a short while before they stood up and left for the arrival area,” said a police source, who asked not to be named because of the sensitive nature of the loss and the orders to keep the investigations close to their chests.

The circumstances around the massive loss remain mysterious because surveillance cameras, according to police sources, only recorded the politician with the bag inside the VIP Lounge II, and when he changed his seat.

But the Monday morning CCTV camera footage the police have been ordered to review meticulously record the politician sitting in the lounge with his bag, but does not capture what happened to the bulky hand luggage after he rose to go to the washrooms.

Both Airport commander Philip Tuimur and his CID counterpart, Joseph Ngisa, refused to comment on the incident Thursday.

A number of Kenya Airports Authority staff and security officers have been questioned in connection with the incident.

At the lounge, several MPs trooped in to welcome the three, when they returned from The Hague.

Security was heavy at the airport then, and only people who were regarded as VIPs were allowed to get into the arrival lounge.

However, police, though uncertain about who walked away with the cash, however suspect the politician may have, in the excitement of rushing out to be met by supporters dancing, and praising him, forgot the treasured bag.

The cameras, however, show him walking out of the lounge and onto the ecstatic welcome by his supporters outside the airport – without the bag he was seen carrying when he left his plane and when he entered the lounge reserved for eminent personalities, diplomats, and top Government officials.

It is not clear how the politician walked through the airport security barrier in Nairobi and at The Hague, with the substantive amount of money, and if at all he had the cash with him when he left Kenya in the first place on May 6.

Forgot the bag

Sources, however, believe he carried the money with him just in case he was asked to deposit a cash bond with the International Criminal Court, to secure his freedom.

The bond would demonstrate will to show up at The Hague when required, following earlier application by Prosecutor Luis Moreno-Ocampo to this effect. But despite Moreno-Ocampo’s application, the Pre-Trial Chamber II judges last week confined themselves only to the identification of the suspects, informing them of their rights, and fixing dates for status review conference, and confirmation hearings.

strict confidence

Detectives were yesterday said to be combing the airport for any evidence that could lead them to whoever may have taken the prized bag.

But in keeping with police tradition of first verifying claims of crime, the detectives are also reportedly keen on also establishing if the well-endowed politician indeed had such amount of money with him at the time.

They are also under orders to piece together what happened inside the lounge for the three hours Finance minister Uhuru Kenyatta, Eldoret North MP William Ruto, and Kass FM radio journalist Joshua arap Sang were at the airport.

It was from here that Uhuru and Ruto were driven to the Uhuru Park ‘prayer’ rally, which Sang, and the other three suspects – Henry Kosgey, Hussein Ali, and Francis Muthaura – skipped.

Though the police were, unlike in other high-profile cases they handle, secretive, it was revealed they were looking at “a figure of more than US$10 million.”

When he landed he had the black bag in question among his personal belongings.

The matter is being handled in strict confidence by a team of detectives.

Meanwhile, it has also emerged police are looking for former Kamkunji MP Simon Mbugua for allegedly causing public disturbance at the airport on Monday.

Mbugua is claimed to have confronted Kangundo MP Johnstone Muthama.

Mbugua’s bodyguards have since been arrested and taken to court and charged with causing public disturbance.

Police at the airport said they had not been able to contact Mbugua for questioning.

“We intend to move to court to seek a warrant to arrest him because he seems to be elusive. We have been trying to reach him in vain,” said Ngisa.

Ends

KENYA: POLITICIANS WARNED OVER INCITEMENT DURING RALLIES.

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By Dickens Wasonga,

The national cohesion and integration commission has issued yet another stern warning to Kenyan politicians fond of issuing hate and ethnic sentiments that can throw the country back to an orgy of violence like one witnessed after the disputed 2007 election results.

The commission’s chairman, Mzalendo Kibunjia, while delivering the tarse warning, said his officers were all over the country to monitor what the politicians say during political rallies and will not hesitate to prosecute those who use such gatherings to incite people along ethnic lines.

Mr. Kibunjia said the violence that rocked the country in 2008 was largely due to the conduct of politicians who used campaign rallies to whip up ethnic tension and pledged to use the law and powers within the commission to crack down such elements.

He pointed out that the country was at the risk of a possible out brake of violence if the politicians fail to change their current strategy of mobilizing support through ethnic sentiments meant to divide the nation and asked the police and the judiciary to rise to the challenge and offer complementary roles to beat those bent in plunging the country into anarchy.

Just before they left for the Hague where they had been summoned by the international criminal court for the initial appearance ahead of the confirmation of the charges , the suspects who are commonly referred to as the ’ Ocampo six’ addressed several rallies where their political allies made statements considered as hate speech.

His directives came hot in the heels of yet another such warning he issued a few weeks ago where he promised to ensure such leaders are made to pay for their actions.

But even with his stern warning , the politicians including the ICC suspects arrived back into the country from the Netherlands yesterday were at Nairobi’s Uhuru park for a prayer rally where political statements were unavoidable.

Before they left for the Haque last week,politicians allied to the country’s deputy prime minister Uhuru Kenyatta and Eldoret North Mp William Ruto have been accused by the commission in the recent past for allegedly making hate speeches in the pretext that they were preaching peace.

The same politicians went a round the country organizing prayer meetings which later turn into political forums where perceived opponents are attacked politically.

The move jostled the country’s state security organs to swing into action with the internal security permanent secretary warning his ministry was not going to condone more of such conducts from the leaders.

The Kibunjia led commission has also come into sharp critizism with a section of Kenyans accusing it of not doing much to prosecute those who have been found culpable .

‘’ I will not hesitate to take you to court, if you continue to disobey the law, it does not matter who you are in government’’ Declared Kibunjia.

The commission also threatened to recommend for the closing down of media houses that air and publish materials that can help divide the country along tribal lines.

He said plans were underway to to have a meeting between the media owners association and the two principals, president Mwai Kibaki and Prime Minister Raila Odinga to discuss the way the media was covering political issues.

‘’ Why do we allow certain material that can cause chaos in the country to be aired or published by some of the media houses? The media must exercise restraint and be able to censure some of the statements that the politicians make’’ he said.

The chairman was addressing the media in Kisumu town after opening a two day workshop for the journalists working in western Kenya .

The workshop which brought together reporters from the electronic and print media was organized by the Friedrich Ebert Stiftung Foundation in collaboration with Kenya Association of Correspondents and was meant to deliberate on how the scribes can work to create harmony and enhance reconciliation efforts in the country.

END.

Kenya: Awendo Town Council chairman warns critics to stop malicious publicity

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Reports Leo Odera Omolo In Awendo Town.

The Awendo small farming town in Migori County is totally committed to enhance the standard of living among its residents.

The Council has committed its limited resources in the installations of street lights within the town and its environs, and also extended the work to the neighboring markets such Ranen, Mariwa and Dede..

These remarks were made by the Council Chairman Councilor Johnson Omolo Owiro during an exclusive interview with this writer in his Awendo town hall Office. He said his Council has completed the new modern Bus Terminal at a cost close to Kshs 50,000. The Council has embarked on the program of providing its rapidly expanding population with clean water for life.

The Council has recently come under severe criticism for its alleged employment of people related to the elected and nominated civic leaders in the area, the charge which the chairman strongly refuted.

Other programs earmarked by the Council included the rehabilitation of the Town’s road network, new sewerage system. Another is the recent construction of road bumps, which has now drastically reduced fatal accidents, which were daily occurrences.

Talking about the recent employment, Coun.Owiro said his Council has never employed new workers, but what it has done was to confirm all those who have been working for as casuals. “We no longer have casuals and this clearly shows that we are the best compliance to the Kenya government police of creating 500,000 new jobs annually.” There are no longer any casuals on the employment of the Council.

The chairman severely criticized political activists, who were in 2007 involved in election rivalries in Rongo constituency, of trying to derail the Council by way of heaping and spreading malicious and falsified accusation against the Council.

Coun. Owito appealed to all stakeholders to work together and get rid of criminal elements in Awendo town.

Meanwhile another motor bike taxi thief was lynched after being traced to Ahero area of Kisumu County. The thief, who is reportedly hailed from Sakwa West within Awendo district, is said to be in a group of thieves who in the recent past have been robbing the motor bike boda boda taxis of their bike and rode them to distance places where they carried business as usual.

The other accomplice was killed in Ahero area. The thief was forced on a motor bike and driven from Ahero to Awendo where he was lynched in the same spot where another motor bike thief was burnt to ashes last week.

Meanwhile an Awendo trader, Mr Seth Okong’o, who was shot five times and killed, in his house located behind his shop in Awendo Town, was buried last weekend in a tearful send off ceremony in his home near Macalder Town.

Also buried was the woman, a mother of six, who was also shot four times and killed, at the nearby Ranen market after thugs raided her living quarters. Her husband who fained death after the first short was fired, is still being treated in Hospital. The thugs descended on the woman and shot her six times, because she had raised alarm, and hacked her lifeless body with machetes.

Ends

Kenyans shocked and puzzled when Uhuru and Ruto hired foreign lawyers to defend them at the ICC

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Reports Leo Odera Omolo In Kisumu City

THOUSANDS of Kenyans who watched the live television coverage from the court room when the “Six Ocampo” suspects made their first appearance before he ICC judges last Thursday and Friday to be told of the impeding criminal charges against them hired the leading teams of lawyer from the UK and Canada.

IT was indeed puzzling that when two of the six suspects, the Deputy Prime Minister and Minister for Finance Uhuru Muigai Kenyatta and the suspended Minister for Higher Education and the MP for Eldoret North William Samoei Arap Ruto, made an appearance before the ICC judges they had their leading lawyers hired from foreign countries of Great Britain and Canada.

When the gongs proved to be too tough for the erstwhile chest thumping and arrogant Kenyan politicians with Luis Moreno Ocampo, the ICC prosecutor was not mincing his words about the evidence he will be adducing to the court, they run to foreign lawyers for help instead of engaging local Kenyans lawyer who are equally highly competent.

This is so, because prior to the trip to the Hague, the two politicians and their troop soldiers, comprised a number of hired MPs, while criss crossing the country had told a series of rallies called to drum up tribal and ethnic support against the ICC trials, had faulted the Prime Minister Raila Odinga for having suggested that Kenya should source its new Chief Justice from a commonwealth country to hold the office temporarily during the judicial reform process.

Odinga had also suggested that Kenya should invite a competent team of police investigators from a reputed and credible police force like the FBI to carry as thorough investigation on pending cases of post election violence.

For the political expediency and in order to gain cheap political mileage, Kenyatta and Ruto came out with their blasting guns and accused Raila Oding of advocating o a neo-colonialism system rule in Kenya after nearly 49 years of independence and yet the country had enough experts to handle its own affairs without resorting for expertise help from foreign countries.

Kenyatta and Ruto said Odinga was calling for foreign help because he had no confidence on Kenyan qualified personnel and local experts on these fields. And even the highly respected former First Lady Mama Ngina Kenyatta while offering prayers and blessing to her son Uhuru and his newly found political friend in amorphous alliance under the so-called KK tribal outfit had chided at the foreign whites for having caused her family a lot of suffering over 59 years ago, and were still out to disturb her people.

Surely, how comes within only two weeks after the two had made the most highlighted remarks about hiring of foreign experts as suggested by the Prime Minister Raila Odinga, the two now turn up and the umbrella of foreign lawyers, the so-called Queens Councilors. Did they mean that Kenya had no legal experts they should rely on? Or these remarks were just simply empty political slogans and common political gimmicks?.

The last week’s first appearances of the Ocampo Six” before the ICC judges at The Hague had exposed President Kibaki government to its most severance criticisms for allegedly spitting on the old wounds of the victim of the politically motivated post-election violence of 2007 and 2008.

Civic society leaders, from Kenya who were in attending a conference at The Hague at the material time said they were not clearly amused by the manner in which Kenyans MPs had taken over the ICC court in showing the solidarity with their colleagues.

They said, in a statement presented to the conference, that both the MPs and the government of Kenya had clearly demonstrated that they lacked concern about the victims of the violence, the majority who lost their loved ones and those still languishing in the Internally Displaced Persons Camps {IDP} in a very inhuman and degrading conditions.

The civic leaders said the MPs supporting the suspects have never been so vocal on the concerns of the victims whom they represent.

“The government and politicians must stop spitting on the wounds of the victim; no political statements, rallies, cheering squads or ethnic balkanization can bring justice to the victims,” they said in a statement read out at the entrance of the ICC buildings in The Hague last Thursday.

Human rights activists made the statement before Uhuru Kenyatta, Francis Muthaura and Mohamed Hussein Ali appeared before the court last Friday. They included Human Rights Commission of Kenya’s Esther Waweru,COVAW’s Lydia Munyiva,Kituo Cha Sheria’s Martin Ouma, International Center for Policy and Conflict’s Kasiva Muli, ICJ’s,Stella Ndungu and ICTJ’s Christine Alai all of them lawyers in Kenya.

The group chided the government of Kenya for allegedly pulling out all stops to derail the post=election violence cases. The Inadmissibility challenge, they added, is another attempt by the government to impede accountability efforts. It is ell calculated to derail the ICC process.”

“It is alarming that the government of Kenya has chosen to stand on the side of its allies expending resources through futile diplomacy shuttle diplomacy to pursue deferral of the cases, an intention to provide time and resources to the suspects and now an application challenging the ICC jurisdictions after all avenues have been closed.” says the statement faxed back home to newsmen in Kenya.

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ICC & Kenya: President Kibaki allies finally appeared before the ICC court at the Hague to answer violence charges

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writes Leo Odera Omolo

Thousands of Kenya who glued their eyes on Television sets eagerly waiting to see how the senior most top government officials would react to questions put to them by the trial judges at the Hague.

To their disbelief, the three top official who included the Deputy Prime Minister and Minister for Finance Uhuru Muigai Kenyatta, the Head of Public Service and the Secretary to the Cabinet Ambassador Francis Muthaura and the former Commissioner of Police Maj-Gen Mohamed Husssein Ali finaly appeared before judges accompanied by batteries of highly esteemed criminal lawyers from Great Britain, Canada and Kenya.

But back at home in Kenya is mounting opinion that the three must step aside and relinquished their offices while awaiting for their eventual trial. Recent speeches in a series of rallies conducted by some of them showed to total defiance on thee part to that effect, particularly the Deputy Prime Minster Uhuru Kenyatta who has arrogantly and repeatedly insisted that he would continue working as normal.

Kenyans who gave interviews to the various TV ,radio and newspaper were unanimous that now that the three have appeared before a court of law on serious criminal charges against humanity, they must step aside and wait until the end of their trial. If found not gulty then they will eventually be reinstated on their jobs respectively.

This is the first time when President Kibaki’s allies appeared before the International Criminal Court to answer to accusations of crimes against humanity. The crimes were allegedly committed to crush opposition protests against his 2007 disputed re-election.

Deputy Prime Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura and Postmaster General Hussein Ali, who was the police chief during the 2007/2008 post-election violence, made their initial appearance at The Hague Friday.

They appeared only hours before the United Nations Security Council in New York met to deliberate on Kenya’s request for a deferral of the cases by a year.

The unsettling eventuality, of his trusted aides being hauled before a foreign court on alleged international crimes that President Kibaki had fought so hard to forestall, including a plea to the UN Security Council and a challenge to ICC’s jurisdiction, came to pass.

Mr Muthaura, Mr Uhuru and Maj- Gen (Rtd) Ali are alleged to have directed police and Mungiki attacks on ODM supporters between January 24 and January 30, 2008, in Nakuru and Naivasha towns, to suppress protests sparked by the declaration of President Kibaki as winner of the disputed December 27, 2007 presidential vote.

Same Court

Eldoeret North MP, William Ruto, Tinderet MP, Henry Kosgey, and Kass FM radio presenter, Joshua arap Sang, appeared before the same court on Thursday.

Muthaura, Ali and Uhuru faced five counts of crimes against humanity – murder, forcible transfer of populations, rape, other inhumane acts, and persecution.

Confirmation of charges hearings would be on September 21. A status conference will be held on April 18, at which the prosecutor will make available to the defence teams the evidence he has against the three.

The ICC issued a stern warning to the trio, just like it did to Mr Ruto, Mr Kosgey and Mr Sang, that they risked arrest if they sustained statements that could trigger fresh violence.

On The Radar

Presiding judge of Pre-Trial Chamber II Justice Ekaterina Trendafilova though did not mention the particular individuals on the radar for hate speech, only noting the caution was based on reports in the Kenyan Press.

In an apparent reference to the anti-ICC campaigns preceding The Hague visit, she warned the trio the court could take the “drastic measures” to substitute summonses with arrest warrants.

“I want to reiterate the concern of the Chamber also raised in yesterday’s proceedings that it came to the knowledge of the Chamber by way of following some articles in the Kenyan newspapers that there are some movements towards triggering fresh violence by way of delivering some dangerous speeches,’’ said Lady Justice Trendafilova.

She added: “I would like to remind the suspects — and I’m not referring to anyone in particular, but this is a general point to be made to all the suspects — that such type of action could be perceived as constituting the breach of one of the conditions set out in the summonses to appear: Namely, to continue committing crimes within the jurisdiction of the Court. Accordingly, this might prompt the Chamber to replace the summonses to appear with warrants of arrest.”

But Muthaura rushed to clear himself because he did not want to share in the collective blame widely seen as targeting politicians, who had whipped up anti-ICC rhetoric in rallies prior to The Hague appearance.

Adverse Comments

Through his British lawyer, Karim Ahmad Khan, Muthaura told the court he had not made any adverse comments and reiterated his commitment to obey the ICC conditions.

“There is the impression created that some adverse comments have been spoken by Ambassador Muthaura. I don’t want the public to think in any way that anything has been said or done by Muthaura to that effect. I want to assure of his commitment to the conditions set out by the court,” Khan said.

Justice Trendafilova clarified she was not referring to anyone in particular but that was a general caution to all the suspects. She, however, acknowledged the assurance by Muthaura and his “desire to make that clear to the public”.

The three suspects were calm and responded only to the questions put to them, unlike the bid by Ruto and Sang the previous day to raise issues they were not happy about.

Yesterday, it was the defence teams, foreigners among each team, who did most of the talking, directing jibes at Moreno-Ocampo.

Possible Unrest

Ali’s lawyer protested at “extra-judicial comments” by Moreno-Ocampo in Press briefings, such as reference to “possible unrest in Kenya”.

“It is not helpful when the prosecutor makes the extra- judicial comments,” he said.

They sought gag orders against the prosecutor, but the judges said they would decide on the matter while determining the pending application in 21 days.

The lawyer said there ought to be an “understanding between the parties” on how the Press is going to be addressed in the arena.

Earlier Muthaura, Uhuru and Ali were asked to identify themselves, before a court official read out the charges to each one of them. Thereafter the presiding judge informed them of their rights.

Muthaura stared expressionless, as the court official read out the charges to him, but leaned back and sighed as the list went on.

Ali followed proceedings with his right hand resting against the side of his cheek. He is accused of being criminally responsible by contributing to crimes committed against groups of persons, unlike his two co-accused alleged to be indirect co-perpetrators.

Uhuru said he had been informed of the charges against him, through “some press release from the prosecutor’s office” but he acknowledged subsequently a formal notification was delivered from the ICC registrar.

In an uncanny coincidence with history, Uhuru was facing the international crimes charges at The Hague on a date on which his father, the late President Jomo Kenyatta was jailed by colonialists. Kenyatta was jailed for seven years on April 8, 1953, on a Wednesday, after the infamous Kapenguria Six trials. Jomo Kenyatta was that year sentenced to seven years hard labour for his role in the Mau Mau freedom movement.

Different Positions

The court arrangement was slightly different, with Muthaura, Uhuru and Ali sitting in different positions, each with his defence lawyers. Muthaura sat on the left of the judges’ bench with Ali on the side, and Uhuru a row behind.

Ruto, Sang and Kosgey sat together on Thursday.

Earlier, Ali was the first to arrive at the court accompanied by his advocates. Muthaura, who was accompanied by his wife, followed. Uhuru came later holding hands with his wife.

Ruto and Sang were at The Hague in solidarity with their co-accused. But Kosgey was absent.

After the session, the three joined other MPs accompanying them to sing the National Anthem.

The defence lawyers made applications to press for the faster disclosure of the evidence the prosecutor intends to use during confirmation of charges hearings.

And Khan, who in 2006 led the defence for former Liberian President Charles Taylor at the Special Court for Sierra Leone, said Moreno-Ocampo should disclose evidence against the suspects “at the minimum in the next hearing”.

“The filing by the Government of Kenya cannot be used to decide to slow down proceedings and prejudice our client’s right to full disclosure,” said Khan.

He was responding to the prosecutor’s remarks that full disclosure is constrained before the determination of the challenge of admissibility of the cases lodged by Kenyan Government.

Stiffer Conditions

The three serving State officers, however, left without stiffer conditions expected following Moreno-Ocampo’s protests they hold influential positions in Government.

Muthaura has stepped down from chairing the National Security Advisory Committee while Uhuru has given up his position in the Witness Protection Board.

Outside the court, Uhuru said:

“We expect nothing short of justice. We now have got the official chance to see what evidence the prosecutor has got against us. Also what we are accused of, and I have no doubt I will prove my innocence,” said Uhuru.

British lawyers Steven Kay and Gilian Kay Higgins represent Mr Kenyatta. The two defended former Yogoslav warlord Slobodan Milosevic at the International Criminal Tribunal for Yugoslavia.

Ali’s lawyers are Evans Monari and Mr Gershom Otachi.

Ends

KENYA: BILHARZIA CONTROL INTENSIFY IN NYANZA REGION

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By Dickens Wasonga.

The Kenya Medical Research Institute [KEMRI] in partnership with the America’s Center for Disease Control [CDC] has scaled up efforts to control the alarming prevalence rates of bilharzia along Kenya’s Lake Victoria riparian districts.

The renewed efforts targets to benefit over 400,000 primary school going children within the selected eight districts where the disease was found to be common.

Currently the team which includes scientists working with other relevant ministries are administering a drug that is able to control bilharzia which mostly affect people who are in constant contact with contaminated water.

A study carried out in the region revealed that most fishermen and children from schools near the lake were the hardest hit by the disease.

The program launched last year by the Kenya Medical Research Institute in collaboration with the America’s Centers for Disease Control will cover over 200 schools along the shores of Lake Victoria .

Kenya Medical Research Institute Principal Research Officer Pauline Mwinzi said that Sh 150 million will be used to finance the program in Nyanza Province in the next five years.

The researcher who was accompanied by KEMRI Research officer in the region, Elizabeth Matei and the assistant communication officer John Riaga were at Agok Primary School in Rarieda District to supervise the drug administration in the school.

Rarieda is amongst the eight districts in Nyanza where the exercise is ongoing. The others includes Bondo , Kisumu east and West , Kisumu municipality, Rachuonyo, .Homa -Bay and Nyakach districts.

According to the scientist ,between 10-100 percent of people living along Lake Victoria are affected with the bilharzia parasite thus the need to eradicate the scourge in the region.

“Bilharzia affects 7 million Kenyans in 62 Districts majority from Nyanza region and 12 million people are at risk of the infection,” she said.

A drug known as ,praziquantel, whose dosage is determined by weight and height was being given to the pupils at risk of infection by the parasite.

Although the disease has a low mortality rate, schistosomiasis can damage internal organs and, in children, impair growth and development adding that It is the second most socio-economic devastating parasitic disease after malaria which need more attention.

Since the program was launched late last year, at least two teachers from all the 225 primary schools identified in Nyanza province have been trained to benefit from the program.

“So far we have managed to train over 200 teachers from schools within this province to administer the drugs to pupils and are optimistic that we will soon complete the training so that many pupils across the Province benefit,” she added.

Community health workers who will help in the administration of the drugs to the community have also been trained.

“ We have covered eight districts in this Province among them Bondo, Rarieda, Homabay, Kisumu East, Kisumu West, Kisumu Municipality, Nyakach and Rachuonyo,” she added.

She said in Rarieda and Bondo Districts, 60 schools, 30 from each District will benefit from the program.

” Schools are targeted because our previous studies demonstrated a link between school proximity to the lake and the prevalence of the disease, suggesting that the lake is the primary source of schistosomiasis transmission in this region,” said Mwinzi.

The Scientist said prevalence levels can go up to 100% and school children are the most affected.

The disease as referred to as schistosomiasis is caused by worm parasites transmitted by snails.

Those whose activities force them to come into contact with water where infected snails live and where there may be transmission going on is likely to suffer from the disease.

Ends

the pupils being fed with porridge before the drug is given as required

a teacher administer the drug to one of the pupil at Agok primary school in Rarieda

the scientist enjoys a cup of porridge with the pupils at the school.

ICC & Kenya: ICC judge warns the Ocampo Six suspects aganst making hate speeches back home else that may prompt the issuing of warrants of arrests against them

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Reports Leo Odera Omolo

Kenya’s first three high profile suspects appearing before International Criminal Court got a stern warning they risk arrest if they sustain statements that may trigger fresh violence back home.

In nearly all major towns throughout Kenya hundreds of thousands of Kenyans remained glued on their Television sets in hotels, restraints,social halls, bars and at home, keenly watching the unfolding events at The Hague during the opening of the criminal cases against the first batch of three of the six suspects, who are facing various criminal charges before the International Court of Criminal of Justice.{icc}

The Kenyans, who included the head of public service, three cabinet ministers, a former commissioner of police and a vernacular radio presenter are facing charges of committing crimes against humanity, causing violence and displacement of thousands of citizens as well as the deaths of close to 1300 in 2008 when violence and mayhem erupted throughout the country following the disputed presidential election of December 2007.

The warning, however, brusque as it was, came without names and was founded on Kenya’s media reports seen by ICC. It was also the day the long and circuitous five-month process went to the next phase, out of probably years if it goes to the trial stage, began with the suspects bracing for what could literally be the battle for their lives and careers. The sombre mood in the courtroom, at least for the suspects sprung from the fact that the charges read to them fell in three categories: murder, forceful evictions, and persecutions of fellow Kenyans. They all related to the wave of post-election crimes in Uasin Gishu and Nandi.

It was the first time, before a formal sitting of the court that the Kenyan suspects were coming face to face with the ICC judges and Chief Prosecutor Luis Moreno-Ocampo.

The court also set September 1 as the day Eldoret MP, William Ruto, Tinderet MP, Henry Kosgey and Kass FM radio presenter Joshua arap Sang would know from the judges if the case against them by the prosecutor would go to full trial. They must attend this session in person, where, if it is ruled they must stand trial, and then they would be handed over to a new set of ICC judges.

The court also set April 18 as the day when the prosecution and defence teams will meet to ascertain the status of the process culminating in the confirmation phase on September 1.

In between now and then, the prosecutor is obliged to share the evidence he holds against the three with defence lawyers.

Fresh violence

The three, who will be followed in appearance before ICC today by Uhuru Kenyatta, Francis Muthaura and Hussein Ali, became the first Kenyans citizens to appear before ICC to be read charges of crimes against humanity.

“It came to the knowledge of the Chamber by way of following some articles in the Kenyan newspapers that there are some movements towards triggering fresh violence by way of using some dangerous speeches,’’ said the presiding judge of Pre-Trial Chamber II Justice Ekaterina Trendafilova.

She then threw in the warning to the politicians who have appeared in pre-ICC rallies and prayer sessions.

“I would like to remind the suspects — and I’m not referring to anyone in particular but this is a general point to be made to all the suspects — that such type of action could be perceived as a sort of inducement, which may constitute the breach of one of the conditions set out in the summonses to appear: Namely, to continue committing crimes within the jurisdiction of the Court. Accordingly, this might prompt the Chamber to replace the summonses to appear with warrants of arrest…” she said.

Judge Ekaterina Trendafilova, Presiding Judge at the initial appearance of William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang before the ICC on April 7. 2011.

The sitting arrangement, like that of local courts had the four traditional sitting formation of sitting pews: Defence, Prosecution, Registrar’s or court officials, the Judges’ Bench, and the Public Gallery.

Burden of proof

The prosecutor bears the burden of proof, as the defence teams fight the claims against their clients. The judge(s) constitute the final arbiters, and the public stand witness to the wheels of justice.

Yesterday and today’s cases however, as the judge said at the outset, were not sessions during which a ruling was expected or where evidence would be adduced.

Ruto and Sang appeared to be navigating in strange waters when they jumped the gun and prematurely sought to clear their names at the stage where they were to be identified, read their rights, and allow court to ascertain if they have been adequately briefed about the allegations against them.

Kosgey, however, was more guarded, and even after the appearance, he merely said he was anxiously waiting to be told the allegations against him so that he could clear his name.

Ruto, however, was fiery against the court, which had started by reprimanding the three for being late by three minutes, and was quoted by Associated Press dismissing the case against him as “balderdash”.

He also gave the analogy of a movie or cinema in and outside court to support his argument the charges read to him were fictitious and mythical.

“The allegations that have been made here … can only be possible in a movie,” said Ruto, in court. He added: “For an innocent person like me to be dragged all the way here is a matter that puzzles me.”

His wife Rachel and daughter accompanied Ruto. Kosgey’s son was also in his father’s defence team. Once the court session and in complete disregard of court protocol, Kenyan politicians who had accompanied the three held news conferences, donning the national colours, at which they sustained their anti-ICC tirade and made political inferences against the charges against the Ocampo Six.

They also declared they would hold a welcome rally for the six once back home, despite the warning by Justice Trendafilova to avoid political statements that could precipitate renewed tension.

At the court Ruto, Kosgey and Sang showcased their defence teams, called out to their names, and made short statements regarding who they were, where they were born, and what they do for a living. It was during this session that Ruto and Sang overstepped the questions they had been asked by the Judge and the agenda of the day to venture into their innocence.

Ruto wondered who his accusers were; said it was unfair for him to have been brought all the way from Kenya to be read false accusations. He was, however, asked to take his seat by the Judge.

Accusations

Sang described himself as ‘innocent journalist’ and told Justice Trendafilova he had not been interrogated by the prosecutor and criticised the charges against him.

Sang, like Ruto, was cut short by the judge with the restraint there would be time for those kinds of arguments and presentations.

Unlike in political arenas where politicians take the front positions in the high table, it was a different experience for Ruto and Kosgey. They took the back seats, right behind their defence teams. The three incidentally were behind Ruto’s lawyers, while their own were in different wings of the courtroom.

The Chamber assured the process would be expedited, and also promised the suspects they would be given sufficient time and facilities to prepare their defences. They were also informed the September 1 verdict could terminate or carry on the cases against them.

The judge also told them she knew well the ‘psychological burden’ the cases and summonses have on the suspects. But it was a departure from tradition for the judge to warn the suspects they risked arrest warrants even before ruling on the application of stringent conditions Moreno-Ocampo sought on Wednesday against the six.

When he left the court, Ruto declared: “My conscious is clear, and my soul is at peace that I never committed these crimes.”

Ruto said accusations against him are absurd, adding that he was praying for justice.

“To say I distributed 3,000 guns is absurd. We will be given the names of the accusers and their statements. But the truth will come out finally,” he declared.

The chamber is composed of Justice Trendafilova, Justice Hans-Peter Kaul, and Justice Jakob Tarfusser.

Justice Trendafilova informed the suspects they have the right to access evidence Moreno-Ocampo intends to use against them. This is to help the suspects to prepare their defence

Ends

KENYA & ICC: RUDE SHOCK AND TOUGH CONDITIONS AWAIT FOR THE OCAMPO SIX AT THE HAGUE AS FIRST BUNCH EXPECTED TO MAKE FIRST APPEARANCE AT THE ICC COURT TODAY.

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Writes LEO odera Omolo

Kenya’s first batch of mass killings suspects come face to face with an International Criminal Court judge, opening another sad chapter for the country in 48 years of self-rule.
But even as Kenya’s citizens take their place in a courtroom that has starred infamous genocide suspects such as the late Slobodan Milosevic of Serbia-Yugoslavia, Chief Prosecutor Luis Moreno-Ocampo will be seeking more stringent conditions against the Kenyan suspects.

The news of the ICC opening cases at The Hague against the suspects dominated the front pages of Kenya’s leading dailies like the STANDARD, DAILY NATION, THE NAIROBISTAR and even the PEOPLE’S DAILY, paper which is owned by one of the suspects, the Deputy pime Ministe and Mnister for Finance Uhuru Muigai Kenyatta.

Moreno-Ocampo’s rude shock for the six include orders they provide, under oath, their financial statements, production of bond of personal security to ensure appearance when required, provision of all forms of contacts, including telephone and e-mail addresses, as well as commitment to appear at The Hague at least once every six months.

All the six, if Moreno-Ocampo has his way in court, will be required to ensure they do not make statements that can be interpreted as threats to potential witnesses, or even try and tamper with prosecution evidence.

Top positions

One of the post election violence suspects Mr Uhuru Kenyatta waves at the crowd at the airport as he left for the Hague on Thursday night
The new conditions, however, seem to weigh heavily against Deputy Prime Minister, Uhuru Kenyatta, Head of Civil Service Francis Muthaura, and Postmaster General, Hussein Ali, who he said he needed to restrain because of their influential positions in Government.

If they fail to meet any of the conditions, Ocampo wants the ICC judges to issue warrants of arrests against the suspects. He says the conditions are to make sure they comply with the requirements and decisions of the court.

At the same time, Prime Minister Raila Odinga went live on television to declare this was also the time for the country to reflect on the pain of those who suffered the brutality of the violence. “Justice for the victims and fair process for the suspects,’’ were his prayer.

He also asked the country to confront the truth, saying it was the only thing that would set her free. He also assured the world the stability and security of the country was not under threat because of the anxiety set off by the ICC process.

The appearance of the first three suspects this morning, and another three tomorrow morning, marks the first time eminent Kenyans will be facing trial in a foreign court. They will be in dock for international crimes they are suspected to have perpetrated and because the competence of Kenya’s judicial system, and the Government’s commitment to justice for post-election violence victims failed the test of the international community.

Ocampo filed his application for the imposition of the new conditions against the six, and more so against Uhuru, Muthaura and Ali, on Wednesday. The three hold significant positions in Government and appear before the ICC judge tomorrow for formal identification and to be officially read the charges against them.

Prime Minister Raila Odinga addresses the nation on the ICC process in his office, on Wednesday. [PHOTO: BONIFACE OKENDO/STANDARD]

Today, would be groundbreaking entry into ICC for Eldoret North MP William Ruto, Tinderet MP Henry Kosgey and Kass FM’s Joshua arap Sang. They are expected before the judge at 11am, but though covered by the general terms of the conditions, it is against the Uhuru trio that Ocampo specifically sought on Wednesday’s orders.

Ocampo’s argument is that he wants Uhuru, Muthaura and Ali bound by the new conditions so that they do not undermine investigations. Ruto and Kosgey are out of the Cabinet, while Sang does not hold public office.

Political sentiments

Ocampo wants the judges to issue an order to compel the three suspects to refrain from making public statements that touch on the case, the charges, the investigation, or the evidence. If issued, this particular order would gag the suspects from making political statements.

Even though, in his application the prosecutor says that all the suspects should refrain from making public statements, he specifically wants the judges to issue targeted orders against Uhuru, Muthaura, and Ali. “Due to their senior positions of authority in Kenya, any statements that the suspects may make concerning the violence or their co-operation with the court could, intentionally or unintentionally, be regarded by actual or potential witnesses as pressure to cease co-operation with the court, or impact future witnesses’ willingness or desire to cooperate,” the prosecutor argues in his application.

Given that the prosecutor lost bid to revive charges against the three for crimes committed in Kisumu and Kibera, it appears he wants to turn the heat on them by giving them stricter conditions.

The revelations of Ocampo’s ‘ambush’ on the suspects appeared to put a damper on their upbeat mood, as they entered The Netherlands.

When Ruto, Kosgey and Sang arrived at Schipol Airport on Wednesday, escorted by more than 30 MPs, Kenya’s Ambassador to The Netherlands Ruthie Rono was at hand to receive them. She escorted them to Steigenberger Karhaus Hotel where they spent the night.

Kenyan flag

Just like Ali, who arrived on Tuesday morning, the three went straight to consult their lawyers. At the airport, the MPs escorting Ruto, who were all donning caps decorated with colours of the Kenyan flag that Ruto wears at rallies they sang patriotic songs before boarding a bus to Carlton Beach Hotel. Some of the MPs already at The Hague are Eugene Wamalwa, Jeremiah Kioni, Linah Jebii Kilimo, Jamlek Kamau, Ferdinand Waititu, Isaac Ruto and Peris Simam

With the MPs, members of the civil society, and Kenyan journalists at The Hague, not everyone would sit inside the court during proceedings.

By Wednesday evening, space at the public gallery had been reserved for a few people to follow the proceedings.

Kioni said nobody or political party was catering for the MPs’ travel expenses. “Each MP is catering for his or her own expenses, and we have to inform our constituents of what is going on here, when we get back,” he said.

“Kenya is not a failed State. We believe in our country,” said Kioni.

Upon hearing charges against them, the Chamber will set a date for confirmation of the charges. The pre-trial process may take six months.

The ICC on Wednesday also released an instruction that lawyers representing the Ocampo Six will be required to contact ICC’s Victims and Witness Unit before approaching a witness.

Judge Trendafilova set the condition in an application that was filed by Uhuru, Muthaura and Ali. In her decision delivered on April 4, the judge said witnesses are not the property of any party, but conveyors of information.

Ruto’s lawyer, Kithure Kindiki argued this would be challenged, given the fact that Ocampo had not supplied them with evidence.

Ends

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KENYA & ICC: RUDE SHOCK AND TOUGH CONDITIONS AWAIT FOR THE OCAMPO SIX AT THE HAGUE AS FIRST BUNCH EXPECTED TO MAKE FIRST APPEARANCE AT THE ICC COURT TODAY.