Category Archives: Refugees

KENYA & ICC: VICTIMS GRANTED STATUS TO PARTICIPATE IN THE CONFIRMATION OF CHARGES AT THE HAGUE

By Dickens Wasonga.

Only 327 people have been picked as victims by the International Criminal Court which is seeking to punish those who are suspected to have been behind the post poll chaos that rocked the country in 2008.

According to Maria Kamara, the ICC’s field outreach coordinator , those were the people who got the approval of the pre -trial chamber judges as victims authorized to participate in the confirmation of charges proceedings at the Hague.

Speaking at a Kisumu hotel on Tuesday during a workshop for journalists covering ICC issues Kamara disclosed that the selected victims were amongst several Kenyans who had indicated interest of participation in the process and did so voluntarily.

She stated that although they have been picked by the judges , they will be represented by a legal team that will be put together and who will travel to represent them at the Hague.

Kamara pointed out that those victims will not have to be present during the confirmation hearings slated for next month and in October where the six suspects will get the opportunity to make a statement on the charges facing them

The first team to appear for the confirmation schedule for September 1st will be the suspects from ODM side of the coalition and includes the suspended higher education minister William Ruto, Kass FM journalist Joshua San’g and Tinderet MP Henry Kosgei.

The other group who includes ambassador Francis Muthaura[ Secretary to the Cabinet] , Hussien Ali [ postmaster Genral] and Uhuru Kenyatta [deputy prime minister] will appear in October.

The coordinator said the victims were picked after a visit to all the hot spot areas and IDP camps by a team of officers from the court’s victim’s participation and reparation division who also held consultations with victims from affected communities.

” Many people indicated interest in taking part in the process, they completed forms provided by the ICC teams and the same was handed over to the judges who picked the 327.”

She disclosed that civil society groups from the regions affected most by the poll chaos were involved into mobilizing the people who showed willingness to participate in the process.

Kamara clarified that the confirmation of the charges was not meant to determine whether the suspects were guilty or not but would offer them an opportunity to make a statement.

It would also give the ICC chief prosecutor Moreno Ocampo the chance to give full evidence he has gathered to build hid case.

And she confirmed that there were no provisions within the operations of the ICC that bar accused persons before it from seeking any political office.

” That is a constitutional matter that each country can address and the court has nothing to do with the political ambitions of those under trial should the charges be confirmed”.said Kamara.

She was reacting to concerns raised by journalists who wanted to know if the confirmation of the charges could stop the suspects from running in the 2012 elections.

This is considering that two of the suspects, Uhuru Kenyatta and William Ruto are presidential hopefuls.

The two have been on a campaign trail and appear not bothered about the impending trails at the Hague.

However according to analysts the duo may not be out of the woods yet especially if the charges were to be confirmed.

They opined that any Kenyan would go to court and seek its interpretation of the constitution.Besides, ICC does not have a time frame of cases before it as long as there is no indication of a deliberate move to delay the proceedings.

That means if the charges are confirmed, the cases could go beyond the set dates for the general elections in Kenya thus complicating matters for Ruto and Uhuru both of whom are viewed as strong candidates in the G7alliance.

ENDS.

KENYA: HIGHLIGHTS ON POST ELECTION IN KENYA

Colleagues Home & Abroad Regional News
from People For Peace

EDITED BY FR JOACHIM OMOLO OUKO, AJ
NAIROBI-KENYA
MONDAY, AUGUST 15, 2011

Forensic investigations

The aim was to investigate post election violence related deaths-an investigative report by the Independent Medico-Legal Unit (IMLU) on February 24, 2008. The violence took the form of killings, rape, and arson acts, forceful evictions and internal displacement. It is estimated that over 1,000 people have been killed, over 400,000 internally displaced/ forcefully evicted, women and girls raped and property worth millions destroyed.

[ . . . ]

View Article

ICC & Kenya: Ocampo publishes the detailed account of charges awaiting for Ruto,Kosgey and Joshua Arap Sang

Forwarded By Leo Odera Omolo

The fates of Mr. William Ruto and Mr Henry Kosgey at their September 1 confirmation hearing at The Hague hinges on how they fight off charges that they commanded, financed and armed an unnamed Kalenjin terror network.

ICC Prosecutor Luis Moreno-Ocampo will be arguing that Ruto and Kosgey, the MPs for Eldoret North and Tinderet respectively, held at least nine meetings at which the post-election violence was designed, and that the planning began in 2005.

Mr Joshua Arap Sang of Kass FM, the third suspect in the joint case with the two former ministers, will also face charges that he sat in meetings where the attacks were planned, and gave the coded orders in his broadcast programmes for the terror visited on Party of National Unity (PNU) sympathisers in various parts of the Rift Valley to commence.

In the Document Containing Charges (DCC) filed by Moreno-Ocampo Monday, he claims that the two MPs and Sang hatched a plot to punish and expel PNU supporters from specified areas in the North Rift region under a ‘common plan’ which had military command structure, logistical approach, and precision in execution.

The MPs were accused of financially supporting the attacks because they were allegedly the direct perpetrators of the heinous crimes. Ocampo also claimed part of the money Kosgey and Ruto raised was used to buy grenades.

“Ruto was crowned Kalenjin leader, which gave him the authority to decide on matters affecting the Kalenjin community,” said Moreno-Ocampo. He claimed given Ruto’s position as the Kalenjin leader, and Kosgey’s authority as his subordinate, the former oversaw attacks throughout the Rift Valley, while the latter oversaw attacks that were executed in Nandi District.

Violence reinforced

He also hints the violence was reinforced with support of other Orange Democratic Movement (ODM) MPs, whose party Kosgey was the chairman and Ruto one of the two deputy leaders.

“In December 2007, other ODM affiliated MPs participated in planning and financially supported the Post Elections Violence (PEV) attacks or otherwise attacks, or otherwise participated in preparatory meetings and even attacks in the Uasin Gishu and Nandi Districts,” argued Moreno-Ocampo.

He said Ruto was the single most authoritative ODM figure in the Rift Valley and therefore used existing structures and roles in Kalenjin society to create the network.

The ICC Prosecutor claimed authority was subordinated only to Ruto, but Kosgey acted in his absence. “Five commanders responded directly to Ruto or to Kosgey in his absence and they both ensured members of the network understood and believed in the common plan,” read the charges.

The network is said to have had a military component consisting of former members of Kenya’s military and police. This is the cadre, the Prosecutor will be arguing, advised Ruto on logistical issues, obtained weapons, identified financial resources and mobilized those who were to commit the crimes.

Military structure

It is further claimed that in 2006 and 2007 the network also had a military structure that included three “Commanders” or “Generals”, all of whom reported to either Ruto or Kosgey.

“The Commanders were responsible for specific geographic areas in the North Rift, including the greater Eldoret area, Turbo town and Kapsabet town, the Central Rift area including Nandi Hills town, and the South Rift Area,” Moreno-Ocampo went on.

Ruto is claimed to have been the head of the Military Component and below him the three Commanders led in hierarchical order in their respective geographical areas. Each hierarchy contained a horizontal layer of subordinates and direct perpetrators.

Moreno-Ocampo further submitted that the two MPs controlled the alleged crimes by operating as the ‘hubs’ of the organisation.

They are further accused of obtaining information from groups in Rift Valley and sharing plans and information from group to group regarding targeted locations and reporting overall progress of the common plan.

Moreno-Ocampo further contends that Ruto and Kosgey garnered supporters to create the network, provided money and weapons to their subordinates and established a localised level of subordinates who were responsible for specific geographical areas.

Apart from establishing a functioning command structure; they also were accused of using events and specific language on Kass FM under the command of Sang to communicate with subordinates and direct perpetrators.

They also provided weapons, training; and imposed order by threatening punishment in case of insubordination. That meant there was near automatic compliance with Ruto and Kosgey’s instructions, he concluded.

Ruto, Kosgey and Sang and others are said to have ensured near compliance with their instructions by indoctrinating network perpetrators to accept and agree with the common plan by referring to PNU supporters in a derogatory manner.

They also allegedly ensured compliance by training direct perpetrators and creating localised coordination structures headed by local subordinates who ensured compliance in their respective areas.

Loyalty was also earned through paying subordinates and direct perpetrators; and instilling in the subordinates and direct perpetrators a fear of punishment if they did not participate.

“Ruto and Kosgey were mutually aware and mutually accepted that implementing their common plan might result in the realisation of the crimes charged,” said Moreno-Ocampo.

He further argued that they intended to commit the crimes charged, or were aware that crimes would occur in the ordinary course of events.

“As the leaders of the Network and architects of the common plan, which called for the commission of the crimes alleged, they had full knowledge that their actions would cause the crimes to occur as they did,” said Moreno-Ocampo..

Preparatory meetings

He said the two MPs forged the common plan, and held preparatory meetings and events to plan and organise the attacks. Moreno-Ocampo will be telling the court Ruto’s awareness and knowledge was demonstrated by his anti-PNU rhetoric at meetings and rallies, inciting anti-PNU sentiment among the perpetrators.

Ruto statements to the network’s perpetrators were allegedly made to attack PNU supporters and expel them from their land, killing them if necessary.

“Ruto’s awareness and knowledge is through the requests to recruit ex-soldiers who were already trained,” said Ocampo.

He claims Kosgey’s awareness and knowledge was demonstrated through his meeting with Ruto to organise and plan for the expulsion of PNU supporters from the area. He also allegedly used derogatory language, directed at PNU supporters and used network perpetrators in advocating for the eviction of PNU supporters from the Rift Valley.

The Tinderet MP allegedly participated in plans for deployment, attacks and logistical arrangements by which reinforcements were co-ordinated between Uasin Gishu and Nandi districts. “Kosgey’s statement that financial assistance would be provided for, weapons, bows and arrows, transportation and food, or for use for bribes,” is cited as proof that he was aware of the pending crimes.

Ocampo said the awareness and knowledge of subordinates and direct perpetrators were demonstrated by their full integration into the Network, their attendance at meetings with Ruto and Kosgey where they received information regarding the planning, organisation, and logistics of the attacks.

Ruto and Kosgey, he will be arguing, should be held liable because of their commitment to listening to Kass FM radio which functioned as a communication tool for the network; and their provision of logistical assistance and or support for the attacks.

Widespread or systematic attack against members of the civilian population, within the specified areas are said to have taken place from December 30, 2007 through January 31, 2008.

Network perpetrators are said to have been responsible for nine attacks in different parts of the region while targeting PNU supporters.

“The direct perpetrators implemented the Network’s policy of attacking the PNU supporters to punish and permanently expel them from the Rift Valley by systematically inflicting fear, killing, looting, burning or otherwise destroying their property,” claims Moreno-Ocampo. He said their express purpose was to force PNU supporters in Rift Valley out using whatever means necessary, including the commission of crimes.

Uasin Gishu and Nandi Districts are said to have suffered the most with approximately 230 deaths recorded. The media, including Sang who served as a broadcaster on KASS FM, allegedly furthered the network’s organisational policy, both prior and during the attacks.

Broadcast propaganda

“Prior to the attacks, Kass FM broadcast propaganda against PNU supporters, broadcast the locations of preparatory meetings and events, and organised fundraising events that financed the attacks,” claimed Moreno-Ocampo.

He further alleged that at the preparatory meetings, the network designated specific persons to call into Sang’s programme and spread the network’s views.

“After the presidential election results were announced, Sang called on perpetrators to begin the attacks and broadcast coded language signaling that PNU supporters were to be attacked; and broadcast the locations where the attacks were to take place,” claimed Moreno-Ocampo.

He said that apart from Kass FM, financial support for the network was received from Ruto, Kosgey, ODM supporters, supporting organisations and businessmen.

“The financial component raised funds to compensate attendees at preparatory meetings, purchase weapons, purchase materials to make traditional weapons and to sustain attacks,” read the charges.

Tribal elders allegedly participated by supporting, planning, coordinating and conducting blessings all of which contributed to the attacks.

Ends

KENYA: WORKSHOP ON LAND AND WATER SECURITY

Colleagues Home & Abroad Regional News

BY FR JOACHIM OMOLO OUKO, AJ
WUNDANYI-TAITA TAVETA
FRIDAY, JULY 29, 2011
TAKE-3

Workshop on land and water security entered its third day yesterday here at Taita Taveta County in Mombasa Catholic Archdiocese with challenges on the implementations of the new constitution with some participants wondering why Kenyans voted for it overwhelmingly despite the fact that some church leaders told their flocks to vote against it.

Some participants were even concerned why the very church leaders who rejected the constitution and called the meeting to condemn one single man for wearing stud on his ear cannot do the same for over 10 million Kenyans who die of hunger.

Church leaders fear they would be blamed if they don’t condemn things that touch on morality that is why they were afraid if they did not reject the constitution because of abortion or condemn Dr Willy Mutinga for wearing the studs, which to them meant that he was either homosexual or advocating for it they would be blamed.

Those who die of hunger or still live in IDPs camps is not of a great concern to church leaders because they don’t touch on morality and therefore don’t see any need to call for meeting to push on the government to ensure that no body is dying because of hunger when they are able to feed them.

Kenyans overwhelmingly and peacefully voted “YES” for a new constitution as opposed to some Church leaders who commanded their flocks to vote “NO”. ‘YES’ got 5,954,767- representing 67.25 percent of the total votes while “NO” got 2,687,193- representing 30.25 percent.

Kenyans and for that matter, the vast majority of Christians went against their church leaders’ command and voted “YES” because they generally agreed that the proposed constitution, while not perfect, is a huge improvement over the old constitution, a colonial-era document that gives almost total power to the President and leaves out any mention that the government serves at the behest of Kenya’s citizens.

They voted “YES” because Kenya’s new constitution is not only designed to re-distribute political power away from the capital, Nairobi, to 47 newly created counties (the devolution of powers), but also the land issue. It explains why numerous groups played a pivotal role in delivering this historically critical outcome, including established groups such as the Kenya Land Alliance.

Other groups included the Center for Land Economy, Women’s Right Movements, the Green Belt Movement, and newer groups such as the young women’s advocacy group Warembo ni Yes (an outgrowth of Bunge la Mwananchi—Women’s Social Movement).

Warembo ni Yes used new technologies such as mobile phones, Facebook, Twitters and the Internet, and more traditional methods such as community forums to amplify the voices of their constituency. In the process, innovative female leaders emerged to advance women’s rights.

Women were to vote overwhelmingly for the new constitution because it guarantees that they will fill at least one-third of elected and appointed government posts, land and property inheritance. Under Kenya’s previous law, inheritance was governed by customary law, often preventing women from inheriting property from their parents or laying claim to joint assets when their husbands’ died.

A new Bill of Rights also provides that all marriages shall be registered under an Act of Parliament. This means that even customary law marriages will be certified, protecting women’s interests in disputes between a widow and her in-laws over property. Currently, in the case of customary marriage it is the in-laws who attest to the existence of the union since they are the ones who oversee the traditional wedding.

In the new dispensation, all marriages will be officially registered. Women will also be protected from claims by other women who turn up following a man’s death, claiming to have been married to the same man under customary law and demanding a share of his estate – a common occurrence.

Historically land has been the centre for controversy in Kenya especially the issue of women being denied the right to own or inherit land. There are numerous cases where women are disinherited of land and new law seeks to change this as stated in the following articles Article 60:

(1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles-

(f) Elimination of gender discrimination in law, customs and practices related to land and property in land: Article 68 Enact legislation (vi) To protect the dependants of deceased persons holding interests in any land; and water.

The new law defines community land as ancestral land and lands traditionally occupied by hunter –gatherer communities or lawfully held as trust land by the county governments. The new law entrenches provisions that protect culture and traditional lifestyles of indigenous people.

“The constitution shall protect indigenous communities that have retained and maintained a traditional lifestyle and livelihoods based on hunter- gatherer economy or pastoral persons and communities, whether they’re nomadic or settled community because of its relative geographical isolation who have experienced only marginal participation in social and economic life of Kenya as a whole.

That is why a day after Kenyans voted to accept a new constitution women across the country spoke about their hopes and expectations. Formerly women have been robbed of their financial contributions to matrimonial assets.

Men for example could just wake up one morning and sale the house they had bought together with his wife without her consent. This cannot happen now because the new constitution provides for the elimination of gender discrimination in law, customs and practices related to land and property.

This is indeed a very historic moment for the women of this country who have for years battled with their in-laws in succession cases. Formerly in the case of customary marriage it is the in-laws who attest to the existence of the union since they are the ones who oversee the traditional wedding.

The new constitution also grants health budgets for counties, making health care services more available in rural areas. It will ensure that there will be better deployment of health workers in all parts of the country, better nutrition and provision of health services. This will enable more women to deliver in hospitals and a sharp improvement of family planning services.

People for Peace in Africa (PPA)
P O Box 14877
Nairobi
00800, Westlands
Kenya
Tel 254-20-4441372
Website: www.peopleforpeaceafrica.org

BISHOP GASSIS ORDERS MISSIONARIES TO EVACUATE NUBA

From: People For Peace

Colleagues Home & Abroad Regional News

BY FR JOACHIM OMOLO OUKO, AJ
NAIROBI-KENYA
THURSDAY, JULY 14, 2011

“It is almost mid-night but I cannot sleep given the present situation”, this was the expression made by El Obeid Catholic Bishop Macram Max Gassis in his letter yesterday ordering missionaries in his diocese to evacuate Nuba Mountains for safety of their lives.

Bishop Gassi/ File photo

In solidarity with Doctor Tom, Sister Angelina, Sister Rosio, Father Ceaser, Father Francis, Father Samuel in Kauda, Brother Isaac, Father Gerald Apostles if Jesus, Bishop Gassis who is still in Europe since the bombardments began in Nuba Mountains in the letter forwarded to People for Peace in Africa Regional News, says he continues to suffer with the people of Nuba Mountains.

“I travelled extensively to bring the plight of our brothers and sisters to the international communities. The evil spirit is let loose to kill, burn, and torture innocent people. The Nuba people continue to suffer innocently”, the bishops emotionally expressed.

The bishop says he has conveyed the fathers and sisters’ dangerous life and the agony of their brothers and sisters in USA, Germany, Spain, France, Slovakia, and Australia, assuring them that he will continue, despite the fact that his heart aches to be the voice of the suffering innocent Nuba.

With a heavy heart the bishop has asked the missionaries in Nuba to evacuate the area soonest possible. The bishop says he has taken this decision because he does not want the missionaries face dangers.

He says he is not asking them to betray their Nuba brothers and sisters but he needs their safe and sound in order to serve them once this devil is cast out. The bishop has sent the missionaries 60 tons of cargo, but may not be able to send more because security of the air company. The bishop wants the missionaries to take his plea very seriously.

Repeating the words of Jesus: “This devil is cast out only by prayers and fasting”, the bishop concludes his letter with inspirational devotion that on the cross with Christ with confidence that there is also resurrection.

Since Bishop Macram Max Gassis was appointed to head the Diocese of El Obeid, Sudan, in 1980s, he has never seen peace. He found a people devastated by a grinding civil war and brutal oppression. Bishop Gassis’s flock had a difficult time getting things like education and clean water.

Yesterday the United Nations said aid workers reported heavy bombing and gunfire in several parts of South Kordofan, including around the state capital Kadugli as recently as Monday.

South Kordofan lies on the border with the newly independent country of South Sudan and has been the site of clashes between government troops from the north and southern-aligned forces.

The Nuba were among the non-Arab northern communities who joined with the southern rebel Sudan People’s Liberation Army, and its political wing, the Sudan People’s Liberation Movement, during the war.

Bashir, who is wanted by the International Criminal Court (ICC) on charges of genocide and crimes against humanity for the atrocities perpetrated in Darfur, is purportedly furious that the people of South Kordafan refuse to acknowledge the recent election of Ahmed Haroun as governor.

Since then a heavy aerial bombardment by government Antonovs, MiG jets and helicopter gunships rocked rebel military strongholds and civilian villages. Photographs collected by Nuba and distributed to reporters recently in Nairobi during the press brief by Nuba communities showed graphic scenes of how bombardments are targeting innocent Nuba people, with some lying in pools of blood.

In a well-publicised recent speech, President Bashir warned once South Sudan secedes, there would be no place for ethnic or cultural diversity in the north, and Islam would be the sole source of law. It means war will continue.

The northerners, who inhabit the country roughly north of 12°N lat. and mainly near the Nile, consist of Arab and Nubian groups; they are Muslim (mostly of the Sunni branch), speak Arabic (the country’s official language), and follow Arab cultural patterns (although only relatively few are descended from the Arabs who emigrated into the region during the 13th-19th cent.).

The southerners, consisting of Nilotic and Sudanic peoples, largely follow traditional religious beliefs, although some are Christian; they practice shifting cultivation or are pastoralists, and most speak Nilotic languages. The leading ethnic groups in the south are the Dinka, Nuer, Shilluk, Bari, and the non-Nilotic Azande.

The Nuba people reside in one of the most remote and inaccessible places in all of Sudan–the foothills of the Nuba Mountains in central Sudan. At one time the area was considered a place of refuge, bringing together people of many different tongues and backgrounds who were fleeing oppressive governments and slave traders.

As a result, over 100 hundred languages are spoken in the area and are considered Nuba languages, although many of the Nuba also speak Sudanese Arabic, the official language of Sudan. The Nuba Mountains mark the southern border of the sands of the desert and the northern limit of good soils washed down by the Nile River.

The term Nuba is often used to refer to the inhabitants of the Nuba Mountains. The Nuba number 1.5 million. The various Nuba people make up some 90 percent of the population of the area, while the rest are Baggara (cattle herders), mainly Hawazma and Misiriya Arabs. The Baggara moved into the mountains from the west and north around 1800. There is also a smaller minority of Arab traders, the so-called Jellaba.

In the earliest days and for thousands of subsequent years the ancestors of the Nuba probably held the greater part of this country (i.e. what is now known as Kordofan), except the northern most deserts. Beaten back by other races that ruled the Nile banks in successive generations, by tribes from the interior, and finally by the nomad Arabs, the Nuba have now retired to the mountains of southern Kordofan.

The more recent history of the Nuba goes back to the early 16th century at the point when large groups of Juhaina pastoral tribes began to move south-westwards into the plains of northern Kordofan, ultimately confining the Nuba to the region now known as the Nuba Mountains. This great movement coincided with the establishment of the Kingdom of Sennar by Umara Dungas around 1504 AD.

The Nuba peoples seem to have lived traditionally in separate communities, with the exception of the Kingdom of Tegali, which was a relatively powerful settlement; at its peak (during the 18th century) it laid many smaller communities under its tribute. The Tegali Kingdom was founded in the Tegali hills in the extreme north-east, the area nearest to the riverain centres of Islam.

The independence of the Sudan in 1956 accelerated the opening up of the mountains to all winds of change, and catalysed the mobility of the Nuba people towards the urban centres of the Sudan and further to foreign countries. This opening up has also meant that the Nuba Mountains were henceforth open to economic and social intrusion by national and international agents of trade and politics, and to cultural exchange.

People for Peace in Africa (PPA)
P O Box 14877
Nairobi
00800, Westlands
Kenya
Tel 254-20-4441372
Website: www.peopleforpeaceafrica.org

Kenya: Mt Elgon continues

TRUTH JUSTICE AND RECONCILIATION COMMISSION HEAR OF TERROR ON THE MOUNTAIN.
By Agwanda Jowi

The Truth Justice and Reconciliation Commission continued its hearings in western Kenya today.

At Kibuk Catholic Church in Kapsokwony, Mt. Elgon, the Commission heard from divergent witnesses who narrated their perspectives and experiences of the cyclical violence on the mountain.

began to hear from witnesses in Mt Elgon a district that has experienced some of the worst episodes of violence in the country.

Mr. George Walukhu spoke of persistent harassment he attributed to joining an opposition party during former President Moi’s regime.

Ms Gladys Nanjala Obabi broke down and wept throughout her testimony. She recounted how her husband was pulled out of their home late at night by Sabaot Land Defence Force militia.

“ Young men came to our home late at night and knocked on the door. My husband declined saying it was late. The men grew in number and continued banging on the door saying they would break it down, which they did and pulled my husband out. We screamed for help but none came. I could hear him crying out for mercy and in pain. They told him to say his final prayers and killed him right there at the front of the home,” Mrs Obabi said weeping.

One of the young men then shone a torch into my face and hit her with a metal rod, knocking out four of her teeth and leaving her traumatised and in shock. She went on to tell how Police from Kopsiro came to her house took her husband’s body to Bungoma and advised her to seek medical attention.

Mrs. Obabi said she survived but was told never to return again to their farm. She said they lost, their home, cattle, and she left with the clothes on her back.

“ I am now an internally displaced person living at the Kimabole market place with my children. We have nothing. My children are not going to school and yet my father gave me an education. If I could be given just a small piece of land we could work and fend for ourselves,’ she pleaded with TJRC.

Messers George Walukhu and Jocktan Wepukhulu recounted harassment , arrest and torture during former President Moi’s regime accused of being members of the February 28th Movement which allegedly sought to destabilise the Moi regime.

“ I was extensively tortured by security officials trying to get me to admit to being a member of FERA. When we were arrested I was blindfolded with my shirt and my hands tied with my belt and thrown onto a lorry like a sack of potatoes,’ Mr. Walukhu said. He attributed his troubles to belonging to the opposition party FORD at the dawn of multiparty democracy when it was considered bordering on treason.

Mr. Mayu who also suffered unlawful detention told the hushed hearings how he had been tortured until he became impotent.

But it was 27 year old Helen Nakam’s testimony that kept the hearing riveted in horror.

A simple trip to fetch firewood in 2002 turned into a rape ordeal that left her HIV positive and led to the loss of her daughter. Ms Nakam said she was abducted by SLDF militia who accused her of disrespect.

“They said they would beat me until I told them why I was calling them janjaweed ( orginal name for SLDF ) and yet they were officers. They blindfolded me with a dripping, bloody cloth and I had to swallow blood not knowing where it came from as they walked me to Kipsis forest. The 5 men raped me and I told them ’you are hurting me and I have not done anything to you’,” Ms Nakam said.

“ They held me captive for days beating me with blows, kicks and clubs and keeping me blindfolded. One of them relieved himself into my mouth telling me to drink the water and I swallowed it. They made me go down on my knees and crawl back and forth on stones. They raped me again, all five men and I pleaded with them not to hurt me as I had done them no wrong,” she lamented in tears pouring down her face. She said she could she could hardly move as every part of her body was in pain

Ms Nakam said they would leave her and return but the last night they asked her to choose between life and death. If she wanted to live they would take her to a church in Kipsis from where she could walk home. If not they would kill her on the spot.

“They took me right to the house and told my husband they had returned his wife to him and infected her with HIV Aids.

“ My husband left me and I returned home. Soon after the baby I had been expecting died and that is my story, Ms Nakam ended her testimony.

The TJRC held a women’s forum concurrently at which those whose testimony could not be heard at the formal hearing could be given a platform to tell their story.

Most women spoke of how their husbands were taken away by SLDF despite their pleas for mercy or offers of cattle in exchange. The militia told them they did not want cattle but their husbands heads.

One woman told the session punctuated by open weeping, “ My 18 year old son was slaughtered and cut into pieces and I was forced to carry his head. The man who slaughtered my son and husband went off to drink chang’aa (illicit brew) with blood stained clothes to show that he had made a kill of her son and husband.”

The mandate of the Truth Justice and Reconciliation Commission is to inquire into human rights violations including those committed by the state, groups or individuals. It includes but is not limited to politically motivated violence, assassinations, community displacements, settlements and evictions.

It will also inquire into major economic crimes, in particular grand corruption, historical land injustices and the illegal and irregular acquisition of land especially as these relate to conflict or violence, between 12th December 1963 to February 2008.

The Commission will receive statements from victims, witnesses, communities, interest groups, persons directly or indirectly involved in events or any other group or individual; undertake investigations and research; hold hearings and engage in activities as it determines to advance national or community reconciliation.

Parliament enacted the Truth Justice and Reconciliation Act 2008 on 24th October 2008. The Act was assented to on November 28th 2008 and the Act came into force on 9th March 2009.

The Commissioners were appointed by President Mwai Kibaki on 22nd July 2009 and sworn in on 3rd August 2009.

Commissioners are: Tecla Namachanja Wanjala ( Ag.Chair Kenya) , Gertrude Chawatama (Commissioner Zambia), Amb. Berhanu Dinka (Commissioner Ethiopia), Ahmed Sheikh Farah (Commissioner Kenya), Prof. Tom Ojienda (Commissioner Kenya), Margaret Shava (Commissioner Kenya), Prof. Ronald Slye (Commissioner USA). The Commission CEO/ Secretary is Patricia Nyaundi

KENYA: TRUTH JUSTICE AND RECONCILIATION WESTERN KENYA HEARINGS BEGIN

By Agwanda Jowi

The Truth Justice and Reconciliation Commission began its hearings in western Kenya to hear from witnesses in Mt Elgon a district that has experienced some of the worst episodes of violence in the country.

Former MP Wilberforce Kisiero and representative of the Sabaot community presenting their memorandum to the TJRC at Kibuk Catholic Church in Kapsokwony, narrated the long history of conflict between his community and their neighbours, the Bukusu.

“ The mountain’s problems began when the colonialists removed people from their ancestral land that is Tran-Nzoia, Bungoma including Mt Elgon. They removed the Sabaot because they wanted to settle soldiers from World War 1 and so began to forcefully remove them to Uganda, ” Mr. Kisiero said adding that some were still there to this day and others have eastern Congo, into Pokot county and Nyanza.

Describing a series of perceived betrayals by successive regimes by whom the Sabaot had been displaced and never compensated, he said all they wanted was to be settled as in government farms.

‘All we want is for land for the Sabaot to be looked for in the remaining government farms which are in Trans Nzoia which is their ancestral land, not all just a token. There should further be consideration for 5,000 displaced from Chebyuk settlement scheme. While we would prefere Mt Elgon be divided into three constituencies, in consideration of the economy and the expense, we would be happy if it was split into two, ” he said.

Mr. Timothy Mulumbi representing the Bukusu community said he recalled former President Moi saying that the removal of Section 2A from the constitution turning Kenya into a multi-party state would lead to tribal clashes and it did happen in 1992 after elections.

“The Bukusus were not armed. We still have wounds from the past but I believe that we have started healing from the testimonies being brought to you TJRC, ” Mr Mulumbi said

Asked by the Presiding Chair Prof. Tom Ojienda if he knew who among the leadership had caused the cyclical violence in the region, Mr. Mulumbi said he did. “ Yes it is our leaders, we know them but we want healing. When we reported to the police they dismissively likened to a match between AFC and Gor Mahia (alluding to rivalry between the top football teams in Kenya); they did nothing. We want healing and we want to co-exist with our neighbors,” he ended. His testimony followed by the Teso experience.

– Ends

Kenya: National Land Audit

from odhiambo okecth

Friends,

We must do a quick National Land Audit and determine who has been settled where since Independence.

We must then ask for fairness in the process of resettlement.

It is not in anyone interests that Kenyans are being declared IDPs yet we have vast pieces of lands held in private hands, land that was never acquired legally in the first place.

It is in our interest as Kenyans to address this problem once and for all. The “Government’ seems to be hell bent on repeating history. When we fight as Kenyans, a few people in the “Government’ benefit the more. They are hence keen not in settling the question of IDPs.

I bet we are smarter now and we can live to the dictates of the New Constitution in as far as the Land Question is concerned.

This is a time bomb that will destroy Kenya if not well handled, or if handled the way it is being handled now; where “Government’ id hawking some Kenyans as IDPs.

Oto

KENYA: WHAT HAPPENED TO A GROUP OF IDP IN TRANS-NZOIA HAS PUT THE CREDIBILITY OF KENYATTA, RUTO AND MUSYOKA TO QUESTION

Commentary By Leo Odera Omolo in Kitale Town.

The hostile reception accorded to a group of 255 families of the IDP who were on Tuesday this week transported from Nakuru and other areas and ferried in buses and lorries to Kwanza constituency in Trans-Nzoia County is a testimony that communal cohesion among Kenyan is still far away from being perfect.

In recent weeks, a group of Kenyan leaders calling themselves G7 have been criss-crossing the full length and widest the country claiming that they had succeeded in reconciling Kenyans of diverse tribal background, particularly those who had fought the now infamous land tribal clashes.

The group is lead by the Deputy Prime Minister Uhuru Muigai Kenyatta, who is also the Finance Minister, the suspended Higher Education Minister William Ruto. They duo have already declared themselves Presidential candidateS in 2012 and presidential running-mate in the next general elections

In their series of public rallies, particularly in the Rift Valley and in other parts of Kenya, the group made it clear that they are out to united all Kenyatta, and that the communities which were hitherto hostile to each other, particularly the Kikuyus and the Kalenjins had been reconciled.

Uhuru and Ruto in their public pronouncement have turned the heat on the Prime Minister Raila Amolo Odinga vilifying the latter as being the major source of disunity in the country.

Kenyatta and his new found political friend, however, did not point out any one single Kenyan killed by Odinga’s Luo supporters nor have they pointed out any group of IDP forcefully evicted of their legally acquired land and property in Luo-Nyanza.

The Luos despite having been marginalized and deliberately consigned to abject poverty by all the previous regimes in Kenyatta dating back to the dictatorial rule of the founding President Jomo Kenyatta who also happen to be the biology father of Uhuru Muigai Kenyatta.

On Tuesday this week, the government packed hundreds of IDP on thre big buses and several Lorries. These IDP were collected from various camps in various parts of Nakuru including Afraha Stadium,Lanet, Kipkures and Ogilgei. The close to 255 families traveled overnight in buses and trucks hired by the Ministry of Special Programmes.

The IDP groups headed westwards to Kitale in the Trans-Nzoia County where they were expected to bi given parcels of land for settlement. The land which previously belonged to Agricultural Development Corporation measuring 1,000 acres is located in Kwanza Constituency. They IDP were expected to start anew life after living in IDP tents ever since the 2008 post-election violence.

On the morning of the next day, they journey to a new promised land came to halt. All looked well with IDP people joyfully looking forward to have the new found land where they can call their own and their homes.

Upon arrival at the site of the Promised Land, the IDP people were greeted by a rowdy youths from within the area. The youth aggressively confronted the IDP and warned them not to set their foot on the firm and ordered them to go back to where they had come from. The youths were mainly from squatters and landless people in the area

The government had earlier promised each family would be given two acres farm and a quarter of an acre for building homesteads. Each family was given Kshs 10,000 compensation and further sums of Kshs 25,000 for putting new houses.

The aggressive looking youths were joined by huge crowd of people who menacingly threatened the newcomer by insisting that there are more landless people in Trans-Nzoia. They maintained that there were more squatters in the region than in any part of Kenya, who should have given priority in settlement than those from other regions. Some of the youth even resorted to war cries and songs.

The locals insisted that there were close 10,000 squatters in the region who were spilled over from the 1992, 1997 and 2007 tribal clashes.

The Chepchoina farm is part of the vast truck owned by Agricultural Development Corporation {ADC} ,which is a government parastatal in Kwanza constituency, Trans-Nzoia West district. It borders the cattle rustling prone Mt Elgon district where Sabaot Land Defense reined terror a few year ago.

The area is frequented by heavily armed and fierce Pokot warriors who come there and steal cattle. The Pokots come armed with AK 47 assault rifles, according to the area administrative chief Richard Kirui,

Civic leaders in the area said they were vehemently opposed to the government plan of settling outsiders in their region. The outspoken nominated Councilor Pius Arap Kauka said the government should consider the possibility of settling the landless locals. By bringing people all the way from Nakuru to Kwanza is an act of incitement. He said.

The MP for Kwanza, Dr Noah Wekesa, who is the government Minister for Forestry and Wildlife said he was vehemently opposed to the idea o sending IDP from other regions to his constituency, and would not allow that to happen.

The Answer to the million questions being asked by Kenyans is simple. If the hitherto hostile neighboring communities have since been reconciled and united as claimed by Kenyatta Ruto and Musyoka axis then why can’t the government send the IDP back to their own farms? Majority of the IDP are people who had their legally acquired land and even have their title deeds and other registration papers and land certificates. Why not assist them to get back to their own homes?

The majority of the IDP are members of the Kukuyus who were forced out of their farms by the Kalenjin warriors during the tribal land clashes. If Kenyatta and Ruto alliance is genuine and fruitful, then we expected the IDP to be back on their own farms and be resettled there peacefully.

May be the so called amorphous unity and political alliance is mainly to block Raila Odinga from accessing the presidency? If that is the case then it is bound to fail because Kenyans are very much awake and cannot be taken for granted. Kenyan is built of a much society which is highly enlightened on their democratic rights and as such may not easily succumb to naivety and politics of deceits.

Some of the dejected IDP told this writer that when they arrived the youth threatened to burn them alive should they set their foot on the Chepchoina farm. They said they were ready to start a long walk back to their camps located hundreds if kilometers away if the government buses and Lorries cannot ferry them back.

It is better to live peacefully in the tents instead of this kind of treatment. We are angry at being stranded by the roadside, like slaves and lost people, and not Kenyan citizens.

But the Regional Commissioner for the North Rift, William Wayanga, was today quoted by the STANDARD as saying that the IDP will have to be settled on the farm, and he warned local leaders not to sabotage the resettlement plan, difficult as it is, for the government.

Some youths were heard shouting at the top of their voices the Kenyatta family owns more than 20,000 hectare of land in the country from Taita / Taveta, Mombasa, Laikipia, Naromoru, Nanyuki and Thika. ”The family should surrender part of the land it had acquired erroneously to the landless Kenyans,”

The area MP Dr. Noah Wekesa faulted his cabinet colleague Esther Mirugi, the Minister for Special programme for not having consulted him before purchasing the land in question, But Ms Mirugi fired back saying there was no need consulting the MP when someone is buying the land in given area within his constituency, because the MP was not the gatekeeper at Endebess.

The stand off is likely to have negative effect of the political standing of Kenyatta and Ruto the proponent of unity of all Kenyan people, and yet the duo have spoken very little about the IDP people.

The incident has given the area MP Dr. Wekesa an instant fame, when he in solidarity with his electorate openly opposed the settlement of outside within the constituency. It has brought blames games between the two Ministers who are all members of the PNU side of the coalition, and exposed the government of operating without consultation between the Ministrie

Ends

KENYA: WE ARE ABANDONED, SAYS LUO IDPs.

By Agwanda Powerman.

INTERNALLY Displaced Persons in Nyanza province are accusing the government of neglect over compensation.

The IDPs told a Parliamentary Select Committee looking at their welfare that their living condition has worsen since the 2007 election debacle.

IDPs chairman for Kisumu and Siaya counties Nelson Oluoch says that several of them have not received the government stipend of Sh. 25,000 for housing and Sh. 10,000 for upkeep.

Oluoch says that their children are also out of school yet other IDPs children are receiving education bursary to keep them in schools.

He also accused legislators from the region for doing little to champion for their rights in parliament.

Igembe North MP Ntoitha M’mithiaru who chaired the Kisumu session told the IDPs that the committee will take their issues to the government when they hand over their report in June for action.

M’mithiaru says that complains had risen in the past that some IDPs were being neglected a situation that led to the formation of the committee last year.

He says that the report they will present to the government will give a clear picture on the current situation of IDPs countrywide.

Some of the committee members who attended the Kisumu session included MPs, Millie Odhiambo, Dr. Jocye Laboso and Boaz Kiano.

Ends.

Kenya: Who Caused Kenya’s 2007 Post Election Violence & Why?

from Judy Miriga

Folks,

First and foremost, the subject question is now in the hands of the ICC Hague to comb and give a ruling where Kenya does not qualify to do.

But the fact remain that we all know the truth as the acts were done in broad day light all we are asking is that, let Justice be done. Those found guilty will definitely face the Law.

Those who Joe Kihara is trying to implicate, he is doing it at a wrong forum, I believe it would be just right for him to apply for visa to the Netherlands at ICC Hague and put up his challenging case there……

However, I am still in charge as a voice of reason, Diaspora Spokesperson, standing tall for the voiceless. From the onset, before and after, I led the voice of reason of the Diaspora to dialogue, debate, rally and demonstrated commitment. On the second of January 2008, I swiftly planned and organized where we formed a crowd of more than 300 Kenyans and Friends of Kenyans’ demonstrators who turned up in a cold chilly winter, before US State Department during Bush Administration, demanding for an immediate intervention on “Election Thieving” and to halt Election Violence.

Former President Bush took immediate initiative in response, where he send US State Secretary Condoleeza Rice to Kenya to mediate on the same. From that point on, I echoed that, ICC Hague is the answer ! …….I have not rested since then, but kept pressure and fire on all Leaders of the World including the UN Security Council and the ICC Hague to make good on the call of Post Election Violence and crime that have been committed in Kenya and elsewhere in Africa, so to mark a symbol of change in leadership in Kenya and Africa and to guard over corruption and impunity, a monster pushing Africa into poverty death-bed and as well that African Leaders begin to play by the rule and respect the voice of reason and People’s mandate where they are required to honorably oblige and relinquish power safely and peacefully or face the law.

This we hope, will serve as a sign of responsible democracy taking root for just rule and good governance and we hope for an improved governance where Development Millennium Agenda is able to take root to benefit the people of Africa fairly from grassroot, who are the majority poor, without marginalization, discrimination or intimidation.

This behavior of Hard-Core Corrupt Leadership in Kenya and Africa has turned to be too cancerous and a dangerous monster quite unbearable. It is about time Africa see light and appreciate Blessings of God with a breathing space.

Therefore, Joe Kihara has no right to smear and create character assassination of Responsible Leaders of the West. It is a scheme they author and are nurturing thinking it will help them escape justice. They have lived in a world of wishful thinking for too long and escaped reason, but banked on indoctrinating fear factor on people they rule by iron fist for too long, imagining everyday is Sunday……Lucky go happy…..

They should know, it is time Mugumo tree can be cut by a razorblade……as the struggle continues……

Blame Game will die on thin air……….and because we want Peace, Reconciliation and Reconstruction to benefit common purpose and interests, we are looking forward to earn freedom to be enjoyed by all in a conducive environment on a fair level playing field.

ICC Hague is the way to go Joe…….No short-cut…….I am not going anywhere until this matter is fairly concluded in the best way Kenyans and Africans will appreciate Justice has finally dawned in Kenya and Africa …..

Cheers !

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

– – – – – – – – – – –

— Paul Nyandoto wrote:

From: Paul Nyandoto

OHO!, OHO! WAUUUU! what a story?.

An old parable goes like this: If somebody kills your child and you do not report to the police but you go home call your friends, make a meeting talk and come to agreement to take revenge and go a head and kill other people related to the man who is accused of killing your child. What do you call that?. Do you call that Obama, Sarkosy, Hillary Clinton, only supports ODM but not PNU or what?. I think it is high time we learn to know that killing people is not a game. Calling mass action is not the same as raping, burning people, fighting for land Kenyatta stole from the rift valley etc. or police use live bullets shoot to kill etc. How is mass action explaining Mungiki killings or secret state house meetings to kill luos in Naivasha?.

What this writer have forget is this: The killings were done when somebody had already sworn himself at night, so Kenya had a government to protect people, but completely failed. Instead made meetings to kill more.

Paul Nyandoto

– – – – – – – – – – –

Joe Kihara Munugu wrote:
Who Caused Kenya’s 2007 Post Election Violence & Why?
By Paul N. Njoroge : Nairobi, Kenya : March 30, 2011

What’s been happening lately in Libya has been an eye-opener about the real nature of the leaders in America and in the West. I now have no doubt they are a thoroughly bad lot, spiritually and morally petty, arrogant and full of contempt for people with less power than they. Of course, things are very worrying for all of us who live in the so-called Third World.

I’m certain the Second Scramble for African territory is on, and the operating ideology the ideology of the Sarkozies, Obamas and Hillary Clintons is: Might is Right!

They’ll insist on imposing puppet-leaders on our (Third World) countries.

I have begun to understand what’s been going on. For example the way these Western countries were committed to regime change in Kenya during the 2007 elections in spite of the fact that the incumbent president Mwai Kibaki is a man in real liberal mold, and had shown commitment in respecting human and democratic rights. Western powers were fed up with Kibaki simply because he was not at their beck and call, and he’d dared to do business with China.

Kibaki had also dared to pursue the attainment of national economic self-sufficiency. Somebody told me, “The white man [western powers] is not prepared to walk shoulder-to-shoulder with the African.” How true!

In contrast, Raila Odinga was ready to court the West in order to ascend to power, while treating his own Kenyan heritage with contempt. Raila’s 2007 elections campaign was premised on the proposition that nothing positive had ever been achieved during the whole period since Kenya became independent. Raila’s campaign was undemocratic and fascistic. It mobilized wholesale ethnic hatred against the Agikuyu. ODM’s 2007 election slogan was ‘Forty-One against One’, meaning all the forty-one Kenyan tribes against the enemy Kikuyus.

Nobody from the so-called democratic West ever pointed to Raila that democratic electoral campaigns are never conducted in such hateful manner against a whole innocent ethnic group.

Not Bush, not Condoleza Rice, not Barrack Obama raised a finger or warned Raila against such call and drumbeat for an all out violence on a whole Kenyan people, Kikuyus, based purely on their ethnicity. They failed to warn Raila that his conduct was grievous crime against humanity.

Following investigations by an independent commission, South African judge Johann Kriegler wrote a report on the conduct of the 2007 elections in Kenya. Kriegler acknowledged that the ODM campaign relied heavily on the demonization of the Kikuyu.
Judge Kriegler noted that a prominent feature of the ODM campaigns (before people voted) was the claim that only rigging could prevent ODM from taking power at the elections. The commission did not find evidence of rigging at the KICC, as alleged by ODM.

Now, I have no doubt in my mind that America and the Western countries are grooming Raila Odinga to seize power come 2012. The International Criminal Court (ICC) process has been politicized to achieve that end. In all seriousness, how could one charge William Ruto and Henry Kosgey, two members of the ODM Pentagon and not charge the other members of the ODM high command, including their captain Raila Odinga who ordered all ODM members to mass action? Who can’t see Obama’s hand in this political scheming?

But is it going to work? I’ll bet Raila Odinga will be called into the trials as a witness. Even Obama will not stop this. At the ICC trials it will be demonstrated that the violence that followed the 2007 elections had been planned in advance. It’ll be clearly established that it was, in fact, part and parcel of the campaign of ethnic hate against the Kikuyu carried out systematically by ODM. It will be established that the violence was the natural outcome of that ODM campaign.

It’ll also be demonstrated that the worst didn’t take place. Why? Because the violence was planned to take place in the context of the then anticipated electoral victory by ODM. Victory was perceived in the minds of the entire ODM high command as certain, long before the voters went to the polls.

The 2007 post election violence had been planned to right the “historical wrongs” in Kenya once and for all – by expelling millions of Kikuyus and other non-Kalenjin people from the Rift Valley.

It was planned to have been carried out under an ODM-controlled state security machinery, which was expected to be in place immediately after the 2007 elections. This project was designed by the whole ODM high command.

It would have been carried out while the so-called International Community averted its eyes. But God prevented it: the reins of state power did not slip from the hands of ODM’s enemies – and the country, inspite of the horrific and massive sufferings, was saved! So, who’s bluffing who by the current exhibition of self-righteous bravado in the current chorus about taking the Ocampo Six to The Hague? If I was any member of the ODM High Command, I’d be more afraid than Uhuru Kenyatta, Francis Muthaura, or Police Commissioner Maj. Gen. Mohamed Hussein Ali.

For the truth will surely come out as an answer to the ultimate question: Who was the prime, the first, cause of the violence? The world may watch in fascination after the ODM High Command are summoned as witnesses. That will enable this question to be answered. The answer to the question “Who responded to the originally organized violence” will, most likely, take a back seat.

Kenya: Into the new Dispensation-One People, One Nation as we interrogate Leadership.

From: otieno sungu

As we approach another electioneering year, it is upon all of us Kenyans to begin keeping score cards both individually and collectively. We must start recording the qualities of leaders who are angling for leadership.

Kenya is undergoing a lot of upheaval at the moment, we are grappling with socio-economic problems, we are faced with high cost of food and fuel prices, hunger,ever increasing unemployment and poverty.

Meanwhile, every little opportunity that most pretenders to the throne get to address Kenyans, it is not food security they talk about nor is it measures to mitigate the deaths from hunger, it is neither how to stall the sky rocketing food, fuel and the average cost of living.

While they wield the instruments of power and positions that allows them to sort out these problems, our so called leaders seem oblivious what responsibility such positions bestow upon them.

As they waste and squander the small positions they hold, busy angling for greater power while not accounting, like the Biblical slave given Talent and buried it to the ground instead of multiplying it, we should record their performances. Next year, we will be demanding the talents back, we will be asking each servant what he/she did with the Talent we gave them.

This is time to note the arrogant, the few who are retrogressing our march to a fully developed nation, those who use our August House to rape our democracy, stifle the full implementation of our KATIBA and make a mockery of our Parliamentary arm of government by trading reason for parochial, sectarian interests.

We must keep building these score cards, we will need to use the character and conduct of all the aspirants, their performance and how they have dealt with interest of the common man and Kenyans in general. We still have IPDs to be settle, we must interrogate those with responsibility of ensuring we settle fellow Kenyans in comfort and humane conditions. We must ensure they get justice and must interrogate those who continuously keep blocking the doors of justice for these victims so that we can achieve true national healing and reconciliation, we must interrogate the ones who spend millions of shillings for suspects rather than the victims.

We must remain one people, but above all,as a nation, we must keep our score cards ready for these interrogations.

Otieno Sungu is the Chairman of Vugu Vugu Mashinani.

UN: UNHCR Nansen Refugee Award

From: Eric W. Mburi

Details here
http://www.unhcr.org/pages/49c3646c461.html

UNHCR Nansen Refugee Award: The Nansen Refugee Award is offered to an individual or organization annually “in recognition of extraordinary and dedicated service to refugees and is the most prestigious honour conferred by UNHCR.”

It is offered to any person or organization from any country irrespective of creed, colour, age or profession.

Anyone can nominate an organization or individual for the Award. There is a special committee appointed by UNHCR to select the final winner.

The Award has a commemorative medal and a US $100,000 monetary prize which is donated by the governments of Norway and Switzerland.

The monetary prize that accompanies the Nansen Award is intended to enable the recipient to pursue refugee assistance projects drawn up in consultation with UNHCR.

“The monetary prize that accompanies the Nansen Award is intended to enable the recipient to pursue refugee assistance projects drawn up in consultation with UNHCR. To date, so-called Nansen Fund projects have benefitted refugees in places such as Cambodia, Botswana and Venezuela.”

Nominations can be submitted online through the UNHCR website.

Ja’kamburi

Kenya: Kalonzo Musyoka Foundation / Armed youth keep vigil to prevent resettlement of IDPs

Folks,

Breaking of the Law by senior Government employee, a public servant is a serious offense punishable by law and a reason to vacate public office with immediate effect.

1) A public government employee should not, according to law, run his NGO using government facilities and resources for personal gains.

2) No Public servant should make use of his or her NGO as a tool for political campaign

3) Kalonzo Musyoka is seen to be invading in the Masailand which has been lodged pending in court, overriding court rulings and ordering resettlement of IDPs on a disputed land pending in court

4) Kalonzo Musyoka is out of order, using his personal NGO to garner and lure votes for 2012 Presidential election by false manoeuvres through public utility theft, taking for a ride unsuspecting voters. This is a criminal offense and this is a criminal act which must be condemned by all.

We expect these good-for-nothing leaders do a better job of resettling IDPs and not engaging false pretense or using shoddy quick fix to gain political credit.

Such leaders are creating more problems than good, where it is seen that they are paying off their bills and stuffing and fattening their personal accounts through ill gotten public funds. Where the public end up paying accrued taxes in Loans and Credits for such activities.

It is time they must be stopped and investigated because, the public facility and utilities are plundered and mismanaged by such leaders resulting in, Public Budget deficiency, in other words, causing the budget to fall short of binding legal implementation according to the Rule of funds disbursement. For this reason, the circumstances results in havoc and continued destruction.

Kalonzo Musyoka must be told and made to honor responsibility of his actions.

The wishes of Masai Community must be respected and honored. Their livelihood is at stake and they have a right to protect their land by all means.

Thanks,

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

– – – – – – – – – – –

Armed youth keep vigil to prevent resettlement of IDPs

By Beatrice Obwocha

Armed youth are keeping vigil at the disputed Rose Farm in Mau Narok to prevent surveyors from subdividing land meant for resettlement of Internally Displaced Persons.
The youth armed with rungus, simis, bows and arrows vowed not to allow the surveyors into the land and threatened to lynch them.

Addressing the Press at the farm, representatives of villagers from Tipis accused the Government of using force to resettle IDPs there.

Kantet ole Yengo said they have vowed not to allow strangers to be resettled in the land as it belonged to their ancestors, hence it is theirs.

He said they chased away surveyors who wanted to subdivide the land last week and will not allow them in.

“This is our land and we will protect it even with our blood,’ he said.

Calls for dialogue

On Wednesday evening, a group of youth stormed the land that was bought from a British farmer, David Hampshire Rose, and chased away surveyors who were demarcating the land.

According to the villagers, the controversial land is part of the 30,000 acres taken from them by the British Government and should be returned to them. The Government has bought the land and plans to resettle over 900 IDPs on it.

Vice President Kalonzo Musyoka and Special Progmammes Minister Esther Murugi assured IDPs that they would be resettled on the land early 2011 after surveyors finish subdividing it. But Eldoret Catholic Diocese Bishop Cornelius Korir has called for dialogue to resolve the standoff over resettlement of IDPs in parts of Rift Valley.

Bishop Korir said land was sensitive and communal dialogue should be embraced to curb recurrence of violence in future.

Cause of conflict

“People should not ignore sensitivity of land issues in Rift valley. Communities should not be ignored when it comes to resettlement to prevent eruption of violence in future,” said Korir.

Speaking at the Eldoret Catholic diocese, Korir urged Kenyans to use the festive season to build peace and reconciliation.

He told politicians to ensure the country was united before embarking on 2012 election campaigns.

Elsewhere, two MPs have urged the Government not to resettle IDPs on the controversial Mau Narok land. Fred Outa (Nyando) and Pollyns Ochieng (Nyakach) said resettlement of the IDPs on such land would cause conflict.

They cited the killing of an activist Moses ole Mpoe recently for speaking out against the planned exercise.

“We ask the Government to be cautious in its plans to settle IDPs in Mau Narok against the wishes of the local community,” said Outa.

Yesterday, the MPs told The Standard the Government needs to consult extensively with the Maasai, and listen to them on the particular land, before IDPs are resettled there.

– Additional reporting by Titus Too and Mangoa Mosota

Ocampo Six ‘legal kitty’ an insult, say IDPs

By TITUS TOO & KARANJA NJOROGE
STANDARD CORRESPONDENTS

Internally Displaced Persons in the North Rift are dismayed at efforts to raise legal fees for the Ocampo Six.

The IDPs, still languishing in camps, three years after the Grand Coalition Government was formed, are angered by the fact that they have not only failed to get justice, but have seen no real effort to resettle them.

Energy Minister Kiraitu Murungi led the appeal to raise money for the now infamous Hague Six.

Kiraitu even suggested not only the rich could contribute, but ordinary Kenyans could also conribute Sh100 each.

“We cannot sustain ourselves further because we are ravaged with diseases, lack of food and shelter. For the last three years, we have lived under God’s grace,” said Ms Mary Wambui, an IDP at Yamumbi camp in Eldoret.

She said the Sh100 ordinary Kenyans are being asked to contribute is hard to come by in the camps.

“That money can sustain a family of three for three days. Those planning to raise funds for the six suspects should give priority to Kenyans like us,” adds Wambui.

She claimed ten IDPs had died at the camp in the last three years, adding that it was unfortunate the next elections were approaching while people were still in camps.
Elsewhere in Nakuru IDPs at the Pipeline camp term the move to raise legal fees for the ‘Ocampo Six’ a mockery of their predicament, adding that most leaders spearheading the fundraiser had ignored their plight.

“We have always tried to lobby the MPs to put pressure on the Government to fast track our resettlement, but the MPs have not been enthusiastic like they are now for the Ocampo Six,” says Ms Nduta Marai outside her tattered tent.

Nduta says none of the leaders has ever bothered to come up with an initiative to raise money for their resettlement.

After the Government failed to assist them, some IDPs pooled resources and bought the 14-acre farm.

“The Sh10,000 we received is the one we used to buy this piece of land. Had we relied on some leaders we could have gone to the streets to beg,” she adds.

But many leaders are undeterred in raising money to help the Ocampo Six.
Nakuru Kikuyu Council of Elders chairman Samuel Maigua and Nakuru Mayor John Kitilit say it would be unfair to abandon post-election violence suspects.

“There is nothing wrong with the contributions. But if you want to assist you should not publicise it,” says Maigua.

“They(suspects) have been leading a life of opulence and they now want us to fundraise for them while they have been blind to our predicament,” Mr Nathan Waweru, who has been at the camp for two years with his family of six.

ICC & KENYA: “OCAMPO SIX HAVE NO CHANCE TO ESCAPE THE ICC PROCESS EVEN IF KENYA WAS TO WITHDRAW” – RAILA.

By Dickens Wasonga in Kisumu.

Hopes for the Ocampo Six ,as they are now commonly known, seemed to sink further as the Kenya’s prime minister declared the country had lost the opportunity to have the suspects tried locally.

Speaking at Kenyatta sports grounds in Kisumu, Raila Odinga said the ICC had taken over the case and it was formally underway adding that the recent developments in parliament where MPs passed a motion seeking the country’s withdrawal from the courts as futile efforts that should not worry Kenyans.

The PM, who was in Kisumu to witness the home coming ceremony of the recently installed chairman of Luo council of elders, Mr Willis Otondi, said those who initially opposed the Hague process, while describing the local tribunal option as vague, have now realized that the ICC process is real and was here with them.

” When the matter of forming a local tribunal was brought for debate before the floor of parliament, most MPs who are now anti-Hague, described it as the best option. One of them even told the house that we should not be vague,go to the Hague. They believed the process would take years to catch up with the perpetrators.”, said Raila.

The ODM supremo said Kenyans had all the time to ensure those implicated were tried locally but the MPs frustrated the move and they must now chew what they picked.

” If a child cry for a razor blade, you as a parent should give him or her and if he or she cut himself or herself with it,they learn”, Raila said in Kiswahili.

He said Kofi Annan,, who brokered a peace deal that eventually ended the post poll chaos and later saw Kenya form a coalition government, held the secret envelop, which had names of those believed to have organized and funded the violence, for three months with the hope that the leaders would chose the local option in vain.

” Even Ocampo also held the envelop for a while, thinking that we could agree to have a local solution to this matter, but it did not happen, so nobody should claim he is favouring any side of the political divide because he is not even a Kenyan” He said.

And as if to offer solace to the Ocampo six, Raila said the Hague process can be reversed only if a local tribunal was formed and a thorough judicial reforms are carried out which will meet the UN set standards.

Raila said that route would take several years, and the six would still be under the close watch of the ICC, until Kenya convinces the international community that it now has the capacity to try and deliver justice to the victims of the post poll chaos.

He said the only way to end impunity in the country was by ensuring those who committed any atrocity during the violence are tried.

Other MPsj who spoke at the functionj included MPs Nicholas Gumbo [Rarieda], James Rege [Rachuonyo], Oyugi Magwanga [Kasipul Kabondo, and also included ministers James Orengo [ lands] Otieno Kajwang’ [Immigration] and assistant ministers Ayiecho Olweny[ Education]and Dr.Oburu Odinga[Finance].

Since the naming of the suspects, MPs allied to those six have been making claims that Raila had and in the issue and allegedly knew who was to be picked.

Those now opposing the process have of-late been pushing for withdrawal of Kenya from the ICC claiming it was partisan.

ENDS.

KENYA, D.R. CONGO, EAC: THE DANGERS OF POWER VACUUM IN KENYA

From: Lucia Akech

There is a leadership vacuum in Kenya right now and corporate controlled western governments are taking full advantage of it! Read the details in the link below:

http://csis.org/multimedia/video-interview-us-ambassador-kenya-michael-e-ranneberger

The ordinary Kenyans must prepare for potential dangerous hidden pitfalls in the forthcoming 2012 election circles!

The 2007/08 Kenya ’s elections brought with it chaos not anticipated by ordinary voting citizens who were expecting some real changes! Instead, they were forced to deal with loss of lives, properties and displacement of about 350,000 people! Foreign businesses, particularly those relying on the Kenya-Uganda Railways to transport goods from Rwanda , Burundi , Uganda and Southern Sudan through Mombasa were also paralyzed. However, these businesses have not been sitting idle since then! What is worrisome is the announcement by ICC prosecutor, Moreno Ocampo that a number of Kenyans may be going to The Hague, a court that has been strategically set up by corporate controlled western governments to create chaos and then prosecute Africans elites who may be temped to engage in the chaos, particularly, if they are not favored by these corporations! In slightly over one year from now, campaigns for the 2012 general elections will begin!

We now have a Coalition government, negotiated by the usual African intellectual proxies like Kofi Annan and others. Nobody knows whether the contested Coalition Government, which has created a gaping power vacuum, was done to protect the 99% of struggling Kenyans, or or to protect foreign entities operating in Kenya who are taking full advantage of it! Knowing that the 2007 elections resulted in the deaths of about 1,500 unarmed Kenyans and left at least 350,000 others running for their lives, ordinary Kenyans citizens cannot afford to bury their heads in the sand and assume that 2012 elections will run smoothly. They must take cues from events that led to the 1994 Rwanda genocide because there are similarities!

Prior to invading Rwanda , Kagame was a powerful general in the Ugandan army. In fact, the RPF (Rwandan Patriotic Front) was an integral part of Ugandan army and whoever endorsed, trained, financed and maintained the incorporation of exiled Rwandans into Ugandan army must have had some specific intent.

On August 4, 1993, the negotiated settlement between the Hutu led Rwandan government of Juvenal Habyarimana and the Ugandan based exiled Tutsi RPF forces, under Paul Kagame, was reached in Arusha, Tanzania: http://en.wikipedia.org/wiki/Arusha_Accords

For some mysterious reason(s) yet to be explained, Paul Kagame chose a different path to grab power in Rwanda, resulting in loss of about 800,000 Rwandan civilian lives in a matter of 100 days!

Barely two years after that mayhem, Kagame would proceed to march into Zaire (Democratic Republic of Congo) where about 7,000,000 (7 million or more) unarmed Congolese civilians have been slaughtered!

One would think that the deaths of millions of unarmed civilians would create uproars in every corner of the world, particularly, African. Instead, there has been a news blackout by world’s corporate controlled media and many Africans are not even aware that close to 7 million unarmed Africans have been slaughtered in Zaire (Democratic Republic of Congo)! Even African Union does not dare to talk about what is happening in Congo! It is like nobody values Africans lives, including Africans themselves!

Kofi Annan and Moreno Ocampo, who have been very busy and vocal about the deaths of 1,500 Kenyans, have been very silent about the deaths of 10 million of unarmed Africans in Congo! Annan was the UN Undersecretary responsible for UN Peace Keeping Forces during the Rwandan genocide. He was the UN Secretary General while the Congolese were being slaughtered by the millions. He played it cool by being very limp and mute!

It is bad enough that one unarmed human should be senselessly killed, particularly for the family members left behind. However, it is stunning that the deaths of 1,500 unarmed Kenyans has woken up Kofi Annan while the deaths of 800,000 unarmed Rwandans in 1994 or deaths or 7 millions Congolese that followed were allowed to happen.

Severe attempts have been made by corporate-controlled western governments and the UN to change the subject when it comes to discussing the deaths of 7 million Africans in Congo. Those who have attempted to raise their voices about what is happening in Congo have been met with vicious attacks from the very media and the international communities who have now employed Mr. Annan and Mr. Ocampo to work in Kenya. The vicious critics would rather discuss the diminishing population of gorillas in the Virunga National Park than millions of innocent African men, women and children being annihilated in Congo! It looks like these forces have the power to pick and choose who deserves to live and those African millions whose deaths do not deserve to be mentioned! Why?

http://rwandinfo.com/eng/karegeya-and-nyamwasa-to-the-un-kagame-is-one-of-the-major-if-not-the-principal-stumbling-block-to-peace-and-stability-in-the-great-lakes-region/

Paul Kagame’s corporate supporters have fully endorsed his claim that his march into Congo was in pursuit of the Hutus, blamed for the 1994 Rwandan genocide! The deaths of 7 million Congolese seem to have been explained away as collateral damages which must be ignored! Those collateral damages continue to die in Congo .

For some reason(s), Rwanda has been rewarded with both membership of East African Community and the British Commonwealth! The addition of Rwanda and Burundi as member states in EAC took place in July 2007; the time campaigns for the 2007 Kenyan elections were at their peaks! In less than 6 months, the rigging of the elections and violence that followed would occupy the attention of Kenyans wherever they were on planet earth! While every Kenyan’s attention was fixed on this internal turmoil, a couple of events started taking shape: (a) the formation of Kenyan Coalition government (was and still is) being shoved down the throats of the members of the squabbling two political parties (ODM and PNU) by Kofi Annan (b) some of these Kenyan elites (were and still are) being threatened with prosecution at the ICC court at The Hague by Mr. Moreno Ocampo (c) other members had their travel visas revoked by governments of United States, European Union and Australia (d) some of the newly elected MPs were being eliminated through crafted assassinations (e) rules of engagements in the newly formed East African Community (Rwanda, Burundi, Kenya, Uganda and Tanzania) were being crafted and pushed hard by same people! THIS IS THE POWER VACUUM STARING AT KENYANS AS 2012 ELECTIONS ARE APPROACHING!

All critical events with far-reaching consequences are taking place simultaneously! The questions which the right minded Kenyans must ask are: (a) how have the squabbling Kenyan elites manage to comprehend the implications and feasibility of adding Rwanda and Burundi as members of the EAC? (b) Why are these EAC discussions being pursued with such vigor at time when the attention of the elites who could have effectively represent Kenyans’ interests are elsewhere? (c) Who has been representing Kenyans’ land issues which are at stake at these EAC critical negotiations? Could it be he Paul Kagame or his partner, Yoweri Kaguta Museveni? These war-lords are masters at, intentionally, operating under the radar screen in such chaotic environments because this is are the time when most damage can be done to the whole country! http://www.un.org/apps/news/story.asp?NewsID=29299

Do not forget that this has also been the period when Uganda has been going after Migingo Island in Lake Victoria ! It is also the time when the Great Lakes’ proxy-in-chief, Paul Kagame, has been suggesting that the governing of Kenya be taken over by the military! http://voicesofafrica.africanews.com/site/list_messages/15343

Kenyans, particularly those with vested interests in or have loved ones around Lake Victoria region, should be very concerned about the presence of Paul Kagame in the newly formed East African Community. Kenyans must find out the real reasons behind (a) EAC failure in 1977 (b) its revival in 2000 (c) why it has been vital to add Rwanda and Burundi as members in 2007! There are interests being served by this move and it may not be poor Kenyans’ interests. Bundling all the tribal groups of Rwanda , Burundi , Kenya , Uganda and Tanzania under one roof will create chaos and nobody knows how the potential chaos will be resolved and by whom! The people pushing these views believe that African lives cannot stand in the way of their resources interests!

There are also talks of lumping together all tribal groups under one super government called Federation of East African with the hope that managing them will miraculously be a cake walk! Unless the brains behind this idea are intending to politically marginalize and/or clean-up some particular tribes, this idea can only serve the purpose of those brains. http://en.wikipedia.org/wiki/East_African_Federation.

Nobody knows who the winners and losers of this colossal merged government will be and what will happen to the losers or the marginalized! With the lack of development in healthcare, education, roads construction, water and sewage treatments, power and lighting in individual states, who would be in charge of the Federation of East Africa governments? How would this individual be chosen? How will the daunting task of the severe underdevelopment problems be addressed? How will the land issues be resolved? In other words, who will be calling shots on land ownership or will the marginalized be corralled in Kibera-like slums that may spring everywhere?

What is happening now had happened before. Just as many African countries were gaining their “independence”, the emerging African leaders were being coerced and bamboozled into signing deals that left economic powers in the hands of same colonial rulers who are now making critical decisions about what they see as good for Kenyans and Africans. These decisions turned out to be false and have left Africa in colossal debts with African elites blamed for corruption and failures.

The debts have hindered development in Africa due to the fact that most African resources, including land and infrastructures are held as sureties by creditors who advanced loans, like World Bank Group and IMF. Most, if not all, of Africa ’s borrowed money have gone towards the purchase of second-hand military equipments primarily used to mow down unarmed African civilians who are not allowed to complain!

All African ruling elites are left to perform law enforcement duties of controlling and reigning in on their African citizens to ensure the safety of the foreign war-lords pushing for changes that cater for their security interests! The results have been dead with many unarmed Africans dying!

Sudan: Khartoum’s Army Bomb South, Targeting Darfur Rebels

from Judy Miriga

Khartoum — At least 8 people have been injured in an aerial bombardment by Sudan Armed Forces (SAF) hunting rebel forces from war torn region of Darfur in Aweil north county, Northern Bahr el Ghazal State, South Sudan.
Colonel Philip Aguer Panyang, official spokesperson for Sudan Peoples’ Liberation Army, on Saturday told Sudan Tribune from the regional capital of Juba that two military aircrafts belonging to the Khartoum-controlled SAF dropped bombs on southern territory in the state of Northern Bahr el Ghazal.

“I am told by our forces on the ground in Northern Bahr el Ghazal that the air attack occurred on Friday. No death causalities have been reported but there are reports that 8 civilians have sustained serious injuries. Some of these victims with light injuries are being nursed in the local clinic in Gok Machar but those with inflicted shrapnel injuries and are at critical conditions have been moved to Aweil civil hospital,” explained Panyang.

However, other southern officials have indicated that there may have been fatalities.

The senior military officer said the high military command in Juba contacted Khartoum yesterday night for explanation and were told that the bombing was part of government forces pursuing Darfur rebels the Justice and Equality Movement (JEM).

“We contacted central command of the Sudan Armed Forces yesterday night seeking explanation of why they bombarded our territory. The explanation they gave us in response was that they were pursuing rebel forces. They said it was not their intention to bomb our areas. They were only following routes of the Darfur rebels,” explained Panyang.

Sudan Armed Forces spokesperson Al-Sawarmi Khaled, accused the southern Sudan ruling party of supporting JEM saying the southern army (SPLA) evacuated wounded rebels to Juba and to Uganda.

Al-Sawarmi said SAF forces on Saturday attacked JEM rebels – who were trying to cross the 1956 border into south Sudan – in Meram, South Kordofan state.

The SAF spokesperson claimed the JEM fighters had withdrawn to South Sudan to receive help from the SPLA. He said the SPLA evacuated 67 injured rebels through Jaj airstrip in Bhar el-Ghazal to Juba and Uganda.

SAF spokesperson stressed this support is a clear violation of the military and security protocols of the 2005 Comprehensive Peace Agreement (CPA), between the Khartoum government and the former rebel SPLM/A.

Helping JEM hinders government efforts to achieve peace in Darfur, Al-Sawarmi added.

Ahmed Hussein Adam, JEM spokesperson speaking to Sudan Tribune from Doha where he is taking part in discussions between the mediation and the rebel group over the resumption of peace, denied any presence of their fighters in southern Sudan. He further accused the Sudanese government of seeking pretext to delay the referendum on southern Sudan independence.

“These are baseless allegations. This is a conspiracy by the Sudanese government to impede the referendum process,” he said.

“But we say they have to hold the referendum on time,” he stressed.
The National Congress Party this week repeated accusation to the southern Sudan government of harboring JEM rebels, a matter that southern Sudan officials denied.
Colonel Deng Thiep Akok, a former commissioner of Aweil North who comes from the area also confirmed to Sudan Tribune from Juba occurrence of the incident and disputed claims that the bomb was meant for Darfur rebels.

“Sudan Armed Forces claimed that the bomb was meant for Darfur rebels who are alleged to have attacked Majaac on Monday. Majaac is a settlement under south Darfur territory. They claimed that Sudan Armed Forces attacked Majaac and looted everything before they retrieved towards Gokmachar in Northern Bahr el Ghazal. This is not correct. I come from the area and I am not aware of the presence of some Darfur rebels in the area. As far as I know the area, there are no rebels from Darfur operating in the area presently,” said Akok.

Akok said that the attack was part of a plan by Sudan’s ruling National Congress Party to sabotage voter registration processes for the south’s referendum, which is due to begin next Monday.

Officials from United Nations Mission in Sudan working in Aweil town, capital of Northern Bahr el Ghazal State, said a UN team was going to the area to assess the situation.

“We are told that the area of the attack could be between two states: Northern Bahr Gazal, which is part of South Sudan, and South Darfur, which is part of the north,” said the official from UNMIS who declined to be named.

The borders between north and south Sudan have not been demarcated despite the 2005 peace deal establishing mechanisms to do so.
In the run up to January’s referendum on southern independence some members of the NCP have said that the vote should be delayed until the border is finalised. The southern government has rejected this saying that border demarcation can be completed after the poll takes place.

There is concern as the vote approaches that rising tensions on the north-south border could trigger renewed conflict.

South Sudan fought a two-decade civil war against successive Khartoum governments in which 2 million people died and more than a million migrated north to escape the fighting.

The independence referendum will be the culmination of the 2005 peace deal that ended over 20 years of north-south conflict.

Sudan: UNAMID Chief Warns of North-South Affect Over Darfur, Demands Access to War Zones
14 November 2010

Khartoum — The recent flare-up of fighting between the Sudanese government and rebels in Darfur as well as tension along shared borders with south Sudan has exacerbated the security situation in Darfur, the head of the UN-AU peacekeeping mission in the region said on Sunday.

Ibrahim Gambari, who heads the hybrid peacekeeping mission known as UNAMID, told reporters in a press conference at Rotana Hotel in the capital Khartoum yesterday that he was “deeply concerned” about the renewal of violence in the region, urging the belligerent parties to immediately cease hostilities.

“I call upon all parties to refrain from further offensive military action and respect international humanitarian law,” Gambari said.

In the past weeks, Darfur region witnessed a spike in fighting between government forces on one side, and rebels from the Justice and Equality Movement (JEM) and the Sudan Liberation Movement led by Abdel-Wahid Al-Nur on the other side.

The increase in violence comes as Sudan inches closer to holding a politically sensitive vote in January 2011 on the full independence of its semi-autonomous region of south Sudan from the north. The plebiscite is stipulated by a 2005 peace deal that ended Africa’s longest war between the Muslim-Arab north and the Christian-African south.

North and south Sudan have recently traded accusations of exhibiting an aggressive military posture along shared borders and supporting each others’ rebels.
On Thursday, South Sudan army the SPLA said that militias associated with north Sudan are acting in a provocative manner with the intent of breaching the permanent ceasefire between the two sides.

Similarly, north Sudan on Friday accused south Sudan army of aiding JEM rebels who clashed with government forces near Al-Meirem which abuts south Sudan’s state of Bahri al-Ghazal.

South Sudan said on Saturday that north Sudan army “accidently” dropped a bomb inside its territories as it was conducting an aerial bombardment against Darfur rebels.

Gambari voiced fears that “old alignment” between south Sudan leaders and Darfur rebels could be “rekindled” and result in further complication of the situation in Darfur.
The peacekeeping chief further warned that armed incidents along north-south borders shared borders could extend to affect Darfur.

“We are also concerned about the spillover effect of the north-south border and the armed incidents occurring there, particularly in the no man’s land between south of Sudan and south of Darfur,” he said.

However, he later said that his mission had devised “a contingency plan” to counter any violence resulting from tension between north and south Sudan.
“That’s why UNMIS and UNAMID have developed contingency plans,” he added.

Gambari also said that UNAMID needs to gain “unimpeded” access to all areas affected by recent fighting in order to assist the population there.
On Darfur peace process, Gamabari said that the UN-AU Chief Mediator for Darfur Djibril Bassole had held a “good” meeting with JEM leader Khalil Ibrahim, reiterating his calls on JEM and SLM-Nur to join Darfur peace talks in the Qatari capital of Doha.
Sudan Tribune took Gambari aside and asked him about the latest developments regarding the case of the six Darfur refugees who are under UNAMID custody and sought by the Sudanese government on accusations of instigating last July’s violent clashes in Kalma displacement camp between supporters and opponents of Darfur peace talks.

Gambari said that the situation in this particular case was “under control” and that UNAMID was working very closely with the Sudanese authorities in order to reach what he called “a win-win outcome.”
He elaborated that the ideal win-win outcome would be a one that respects the sovereignty of Sudan and assures the UN that the wanted IDPs would receive a proper trial observed by UNAMID, access to attorney and immunity from capital punishment.
Darfur region came to the fore of international agendas in 2003 when a harsh counterinsurgency campaign by Khartoum government against rebel groups created one of the worst humanitarian situations in recent history.
According to UN estimates, the conflict killed 300.000 people and displaced more than 2 million.

Kenya: A case of Concealing Truth to Reward Impunity

from wainaina ndungu

Advisory Note

RE: International Center for Policy and Conflict monitoring report on the Truth Justice and Reconciliation Commission: “A case of Concealing Truth to Reward Impunity”.

With the enactment of the New Constitutional dispensation a genuine process and efforts to deal with Kenya’s past authoritarian history and the social conflicts legacy that has nurtured and entrenched culture of impunity must begin with earnest. Kenyans have been aspiring and pushing for establishment of an effective truth commission which would: uncover the truth about the past atrocities; name perpetrators; provide redress for victims, and promote national healing and reconciliation.

Such a truth Commission should be: founded on the principles of openness and transparency; based on fact of genuine principle of tackling and dismantling impunity and upholding accountability; avoiding “plastering over the cracks” and instead should foster a culture of accountability in government; timing for setting up the documentation process; a clear action plan for what will happen to the records after the commission; and use of the media and civil society as critical vanguard to encourage public support for the process.

Kenyans have overwhelmingly said that the truth about the past must be known, that perpetrators must be identified and punished, that victims must be accorded justice, and that reconciliation is only possible after the truth is known and justice is done. But Kenyans want an effective and credible truth commission, an institution that will not engage in a witch-hunt or a whitewash.

There is no any other better time than now to institute a truly people’s Truth Justice and Reconciliation Commission. Establishment of a truly People’s Truth Seeking Initiative is unstoppable.

International Center for Policy and Conflict( ICPC) has been monitoring and evaluating the current Truth Justice and Reconciliation Commission and arrived at a conclusion that it suffers from serious conceptual and operational weaknesses that would severely compromise the ability of a truth commission to operate in a credible, independent and effective way.

The ICPC has a longstanding commitment to the development of genuine justice initiatives in Kenya and rest of Africa and maintains solid partnerships with civil society organizations focused on the redress of past abuses, historical clarification, and sustainable reconciliation. The objective of this monitoring and analysis is to contribute to an informed and constructive discussion on the fundamental task of official truth-seeking.

One of the reasons the TJRC project failed to gain traction was that its ownership and form, loosely modeled after South Africa’s Truth and Reconciliation Commission, raised significant doubts among human rights groups, intellectuals, and victims’ organizations. It is in no doubt that the differences between the nature of the transitions in Kenya and South Africa was not taken into account.

Herein attached find our detailed Monitoring report of the Truth Justice and Reconciliation Commission Titled “A case of Concealing Truth to Reward Impunity”

Signed by

I hope you will make use it. It give details on


Ndung’u Wainaina
Executive Director
International Center for Policy and Conflict
P.O.Box 44564 -00100 Nairobi, KENYA
Tel: +254 722 425 167 +254 20 247 3042
E-MAIL: admin@icpcafrica.org
wainaina.n@gmail.com
Website: www.icpcafrica.org

Read or d/l the document;

TJRC MONITORING REPORT A Case of Concealing Truth to Reward Impunity.pdf
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Kenya: Mars Group Kenya Update; WHO IS THIS MAN, OMAR AL BASHIR, THAT SOME KENYAN GOVERNMENT OFFICIALS ARE SO DESPERATELY DEFENDING?

From: Mars Group Kenya

On November 5th 2009, Kenya’s President Mwai Kibaki and Prime Minister Raila Odinga issued a statement which officially committed themselves and the Government of Kenya to cooperate with the International Criminal Court domestically and internationally. They categorically stated: “the Government remains committed to cooperate with ICC within the framework of the Rome Statute and the International Crimes Act.”

The extension by the Government of Kenya to invite Omar Al Bashir, an International Criminal Court indictee, renders the commitments by the two principals doubtful. To his credit the Prime Minister Raila Odinga has publicly disavowed knowledge of the Omar Al Bashir invitation, but senior members of his Government, and some from his own political party, are shamelessly justifying Omar Al Bashir’s presence at the Promulgation Ceremony for the Constitution of Kenya last Friday. President Kibaki has not only remained silent, he has left the country for a COMESA meeting in Swaziland.

Some African Heads of State are clearly sympathetic to Al Bashir, and are determined to try and shield him from justice at The Hague. But truth be told if their citizens knew what kind of person Omar Al Bashir is, and what he has been charged with, their citizens would not back them; just as Kenyan citizens have refused to support Kibaki’s invitation to Omar Al Bashir.

WHY OMAR AL BASHIR IS AN INTERNATIONAL FUGITIVE FROM JUSTICE

Put simply, Omar Al Bashir has been charged with a deliberate crime against his own citizens from the Fur, Masalit and Zaghawa groups.

The warrants of arrest for Al Bashir lists Ten Criminal Charges against him on the basis of his individual criminal responsibility under article 25(3)(a) of the Rome Statute as an indirect (co) perpetrator including:

Five counts of crimes against humanity: murder – article 7(1)(a); extermination – article 7(1)(b); forcible transfer – article 7(1)(d); torture – article 7(1)(f); and rape – article 7(1)(g);

Two counts of war crimes: intentionally directing attacks against a civilian population as such or against individual civilians not taking part in hostilities -article 8(2)(e)(i); and pillaging – article 8(2)(e)(v) Three counts of genocide: genocide by killing (article 6-a), genocide by causing serious bodily or mental harm (article 6-b) and genocide by deliberately inflicting on each target group conditions of life calculated to bring about the group’s physical destruction (article 6-c).

WHAT ARE OMAR AL BASHIR’S SPECIFIC CRIMES? To those few Kenyans who believe that Omar Al Bashir should have been allowed to come to Kenya we urge you to read more about Omar Al Bashir’s crimes: specifically genocide of 3 Sudanese communities here: http://blog.marsgroupkenya.org/?p=2382
www.marsgroupkenya.org

Watching Out For You.

Kenya’s TJRC must be disbanded and a new credible commission formed

rom Salah Sheikh

The Truth Justice and Reconcilitiation Commission has now turned into an organization that depends on massive PR campaigns and strong arm tactics for its survival. The credibility crisis bedeviling Bethuel Kiplagat, the Chairman and the conflict of interest facing some of the Commissioners has convinced the public to have little faith in the commission’s work. To counteract this scenario the Commission’s PR guru, Ms Openda has organized a charming campaign on the erstwhile hostile media with luncheons, per diems and transport rebates. The commission has also contracted politicians in a bid to calm the very hostile reception awaiting them in many parts of the country. In Wajir, the scene of genocide at Wagalla, politicians from the region have been given jobs for their supporters. This was a tactic used by the Moi regime to silence the survivors of Wagalla and to get them to destroy evidence. The commission has also hired statement takers from the clans in the area; TJRC pays ksh. 2500 per day for a twenty day exercise. The TJRC has also hired hecklers in regions perceived to be hostile to its work. This hecklers drown out the voices of survivors of past crimes who may oppose the commission. The commission has also awarded plum jobs to some survivors of torture; a clear bribe to get their support. All this bulldozing will not change one fact, that this TJRC lacks credibility and is part of the past regimes’ efforts to cleanse their past. It is a perpetrator tool, it is committing impunity and causing pain to the survivors of torture and genocide. It is a fraud “in every sense of the word” being played on the people of this country. The only way to redeem the process of truth-seeking is to disband this group and constitute another more credible commission after 2012 elections. This commission is fallacious, its findings will be biased and it will cause disappointment to the survivors of torture and genocide. It must go.