Category Archives: Law

EFCC AND MOCKERY OF ANTI-GRAFT WAR IN NIGERIA

From: Atlantic Reportersnews

Johnson Johnson

As time goes on, it is becoming clearer that the Economic and Financial Crimes Commission has lost direction and focus, thereby making it difficult for it to investigate cases dispassionately without witch-hunting and grandstanding.

Ethics and professionalism in the handling of investigations or prosecutions are now history. This worrisome development appears not to surprise many. If an organization is established in error by forcing policemen to lead anti-corruption efforts without first of all cleaning up their own establishment–how can they give what they don’t have? It is no news that the EFCC is another arm of the Nigerian Police. It is also no news that over eighty five percent of the staff of EFCC are Policemen. One now asks, do Nigerians have confidence in the Police? If no, how then can corruption personified lead the war against corruption?
[ . . . ]
http://www.atlanticreporters.net/index.php/anti-corruption/item/269-efcc-and-mockery-of-anti-graft-war-in-nigeria

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

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

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

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

[ . . . ]

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

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

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

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

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

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

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

PRESIDENT UHURU KENYATTA’S TRIAL DAYS AND TIMES

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

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

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

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

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

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

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

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

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

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

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

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

CC. State House

CC. All Kenyans.

Yours, Tom Nyambok

2:00pm 12/20/2013.

Hague conference leaves Kenya between rock and hard place

From: Gordon Teti

Dear Mr. Peter Kagwanja,

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

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

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

Gordon Teti
Toronto, Canada

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail omolo.ouko@gmail.com
Facebook-omolo beste
Twitter-@8000accomole

Real change must come from ordinary people who refuse to be taken hostage by the weapons of politicians in the face of inequality, racism and oppression, but march together towards a clear and unambiguous goal.

-Anne Montgomery, RSCJ
UN Disarmament
Conference, 2002

Professional Women confronted by Theocracy took up Arms; Iraq & WMD’s – – another viewpoint;

from; octimotor
to; jaluo@jaluo.com

Theocracy vs. women induced to take up arms

Perhaps readers may recall news accounts in the USA media during the early 2000’s concerning the situations of women and girls in places such as Afghanistan and other countries in the surrounding region.

For awhile the Talaban regime held sway. It operated as a theocracy.

Heavy restrictions against women seeking to hold employment outside of homes were enforced. Schooling of girls was ended for the duration of their time in power.

Eventually, using the events of the 2001 September NY City twin towers and Washington DC Pentagon attacks as the officially proclaimed motivations, US forces invaded and occupied Afghanistan and Iraq. Hence the Talaban regime in Afghanistan and the Sadam Husane regime of Iraq were unseated. After such actions eventually comes a time for the invading forces to be drawn down and prepare for what is to be established afterward.

In that context it occurred to me that there could be much value gained by setting up a particular kind of recruitment campaign.

It would be oriented toward involvement of the local women who had first hand experience of having been subjected to the restrictions imposed upon them by the prior Talaban regime. They would be provided with training in military skills and then equipped, formed up as military units.

Surely you would then reasonably expect that they could then be counted on to follow their natural interest and motivation to not again be placed under the thumb of elements of that kind of regime if it would seek to come back into power.

Against that background of my prior speculations, I was surprised to find recently a related history note. It was information in a presentation by mikitary historian Douglas Dietrich. Apparently that notion had already actually occurred in a near by geographic area a few years earlier. Those conditions arose in regards to the Iran / Iraq region at beginnings of 1980’s.

Under the US – sponsored 1950’s to 1980 Iran government of Shaw Raza Palavi, extensive moves toward Westernization of that nation occurred. Under programs pursued by that regime, women, often educated in Western nations’ universities, made major inroads into occupying high responsibility positions in the professions. These included Iranian universities faculty, law offices, government civil service, management positions in businesses.

Then in 1980. came the revolution in which the Revolutionary Islamic Republic of Iran was established, led by the clerics, very formally operating as a theocracy with religious law being held as supreme. Westernized socieo-econic-political forms were to be abolished.

In one of his presentations, Douglas Diettich said that the women, employed in such positions within the professions, were informed that they must end their participation in such activities, or else face execution. As a reaction to being confronted with that kind of drastic proposition, many chose to flee that country. Due to geographic closeness, having a shared national border with Iran, Iraq received a major influx of these Iranian expatriate women.

Iraq’s regime had seen the Iran revolution as its opportunity to try to grab some territory from Iran, hence beginning a war between the two which bogged down and became very costly to them both.

In this setting, a number of the women who had fled into Iraq from Iran under duress then were able to take up arms. They joined their efforts into a battle which they hoped would allow the regime of the new Islamic Republic of Iran to be overturned. The records show that their units proved to be quite effective, militarily speaking.

Tragically though, their potentials for successes came to be deemed to be not in the US national interests, as viewed by its top level foreign relations officials. This was on the basis that Iraq, and the military units composed by expatriate Iranian women professionals, were being interpreted as players who joined alliances with the then Soviet Union as the main source for their military supplies and anticipated future political support, in the event that that they succeeded militarily.

This was a time in which the US arranged to sell arms to Iran for use in its war against Iraq. Those deals were set up by members of the Regan presidency. They started as a way to leverage his election into office. They continued afterward as a an element in his actions to confront Soviet power world wide. Look into accounts under two headings. One is “October Surprise”. The other is Iran / Contra Arms Scandal.

Observe also that previously Iraq had purchased much of its military supplies from the US as well as from the USSR.

US, Iraq, WMD-s

In the Media, much attention has been placed on the question as to presence, or not, for Weapons of Mass Destruction (WMD’s) in the hands of Iraq. The Younger President Bush made this the celebrated cause for the US invasion of Iraq following the Twin Towers Sept 2001 events. Afterward, the most widely published view holds that there turned out not to be any of those things found by the US & its allies.

But WMD’s – – chemical and biological agents – – actually had been in the possession of Iraq, at least for a period of time. However, these were items manufactured and sold by US companies to Iraq. with the quiet acquiescence of the US government. A witnesses to this fact stated he had been a member of a special forces team. During infiltration and recon operational mission he broke into the relevant Iraqi storage bunkers, and there read company receipts inside, and lettering stenciled on outside of the containers of such ordnance. Mr. Dietrich’s info is an additional account of this situation.

You can thus recognize that US officials would have strong motives to avoid national embarrassment which would arise if the presence these munitions were officially proclaimed by US / Allied officials. The trail of receipts which announced US origins likely would not go unnoticed if investigation followed high profile disclosure of such armaments. Thus a policy to have US forces in the field just bomb (not capture and retrieve) them can easily be understood as a tactic to remove inconvenient evidence.

Douglas Dietrich states that he served as an enlisted man in the ranks of the US Marines during the Elder President Bush’s Persian Gulf War. He reports being an eye witness, within sight of the event in which one of the largest storage areas containing chemical agents and bio-agents was exploded by US fighter-bomber aircraft attack. He reports that he saw the rising flaming clouds,and soon afterward experienced the strange odors stemming from some of those agents being dispersed with the winds, hence becoming a source for chronic health problems effecting the troops who had been there.

By contrast the US official position was and continues to be that our troops were not subjected to exposure to chemical and or biological weapons agents. But this is counter to the facts of the matter. A result is a rather new medical illness. This is the much talked about ‘Gulf War Sendrome’.

Some of these veterans face a very difficult predicament. A former army nurse from that theatre of conflict speaks out now advocating their cause. The veterans’ medical system has been skewed with intent to keep benefit expenditures low. It often asserts that the vets seeking treatments are officially deemed to only have psychological difficulties. In reality, though, these folks are subject to many important medical physiological pathology conditions due to exposures to exposures to toxic materials.

Signed, -om-

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

From: maina ndiritu

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

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

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

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

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

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


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

Subject: Kenya lawyers
To: “jaluo@jaluo.com”

By Agwanda Saye

Lawyers have urged President Uhuru Kenyatta to append his signature on the Matrimonial Property Bill 2013.

They also have called on the Judiciary to establish a division of the High Court that exclusively deals with matrimonial property.

The lawyers also proposed that Judges in the Family Division of the High Court at Milimani Law Courts be increased from two to 10 to deal with backlogs and increasing family disputes.

LSK Vice Chairperson Ms. Lilian Renee Omondi said that time had come for the country to do away ancient and unconstitutional matrimonial laws.

Family lawyer Ms. Judy Thongori said that the controversial amendments introduced by Parliament on November 12 can be addressed after President Kenyatta assents the Bill into law.

“We (Kenya) have made gains on the Bill that sending back the Bill to Parliament for debate may kill the dream,” Ms. Thongori said.

The lawyers were speaking during a joint Law Society of Kenya (LSK) and United Nations Development Fund for Women (UNIFEM) breakfast meeting at The Hilton Hotel in Nairobi.

UN Women Country Director Zebib Kavuma said that the Constitution has transformative provisions on equality and non-discrimination that should be upheld.

The Matrimonial Property Bill 2013 elicited public debate after Parliament amended a provision that spouses share matrimonial property 50-50 upon divorce.

According to the amendment by the National Assembly, spouses must prove financial contribution to acquiring matrimonial property before claiming a stake

Ms. Thongori said that the country has no law on matrimonial property arguing that the Bill has progressive sections that should not be embraced.

“There is a lot of public mis-information on the Bill. It has provisions that cater for both professional and stay at home mums on ownership of matrimonial property,” Thongori said.

Lawyer Ochieng Oduol said that the Bill should be passed into law and the Judiciary urged to establish a division that deals with matrimonial property.

“The Family Division at the Milimani Law Courts currently has only two sitting Judges to hear increasing cases on divorce and division of matrimonial property,” Mr. Oduol said.

Mr. Oduol said that the Judiciary should increase the number of Judges at the Family Division from the current two to at least 10 Judges.

Nominated Senator Ms. Judith Sijeny and Runyenjes MP Ms. Cecily Mbarire said that the Bill will be a pillar to both men and women when signed into law.

“We want President Kenyatta to sign the Bill into law then we shall deal with the few controversial clauses later,” Ms. Mbarire said.

Ends….

The dark side of migration: Spotlight on Qatar’s construction sector ahead of the World Cup

From: Yona Maro

Qatar’s population is increasing by 20 people every hour. most of those arriving in the country are low-income construction workers from Asia. These migrant workers have been recruited to help build massive projects worth up to US$220 billion, as part of Qatar’s drive to create a regional and global hub. Many of these projects will contribute, directly or indirectly, to the staging of the 2022 World cup. This Amnesty International report looks at how a permissive legal framework in Qatar allows unscrupulous employers to exploit and abuse migrant workers.

Link:
http://www.google.com/url?q=http%3A%2F%2Fwww.amnesty.org%2Fen%2Flibrary%2Fasset%2FMDE22%2F010%2F2013%2Fen%2Fca15040d-290e-4292-8616-d7f845beed7e%2Fmde220102013en.pdf&sa=D&sntz=1&usg=AFQjCNHgh2HCcc8qMkbmg0Q7ZAX3QIYjrg

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Canada & Tanzania: Tanzanian accused human trafficker, found not guilty

From: Fatima Husenali

The wealthy Vancouver-area woman accused of human trafficking for allegedly bringing a young African single mother to Canada to be an unpaid housekeeper has been found not guilty.

Mumtaz Ladha, 60, was acquitted on charges of human trafficking, two counts of misrepresenting facts to the High Commission of Canada in Tanzania and misrepresenting facts to Citizenship and Immigration Canada.

Ladha was accused of lying to the young woman, whose name is banned from publication, and illegally bringing her into the country in August 2008. She was allegedly forced to work long hours without pay at Ladha’s West Vancouver home. Prosecutors had argued that Ladha lied to immigration officials in order to bring the woman to Canada illegally.

But Justice Lauri Ann Fenlon said the young woman’s testimony was not credible and the Crown did not prove that she was coerced into coming to Canada or working for the Ladha family. The judge added that Ladha had no reason to hire the housekeeper under the table, but said the complainant had a motive to lie.

The judge heard that the woman worked for Ladha at a hair salon in Dar es Salaam, Tanzania’s largest and richest city, and believed she was coming to Canada to work in a salon here. In 2009, the woman left Ladha’s mansion and went to a women’s shelter.

http://www.cbc.ca/news/canada/british-columbia/mumtaz-ladha-accused-human-trafficker-found-not-guilty-1.2436932

Uganda-Kenya Relationship

News Analysis By Leo odera Omolo In Kisumu City

Kenya and Uganda governments have agreed to a mutual deal that when fully implemented will make it much easier to the citizens of the two countries have an easy access to border crossings, instead of the cumbersome going through tough immigration scrutinizes.

The agreement came at the conclusion of a week long consultative meeting held in Kisumu City. The meeting held at the posh Sun-Set Hotel on the eastern shore of Lake Victoria.

It will facilitate free movement of labor between the two countries. IN the new deal those nationals of the two neighboring nations moving to either for a period of six months will only be required to produce their national identity cards. This will apply to Kenyans crossing into Uganda while Ugandans travelling to Kenya will use heir voting cards as the official documents.

The Ugandan delegation headed by a r Mohamed Sadique arrived here last Monday during which time the two delegations deliberated on various contentious issues affecting the two countries. The two teams revived reviewed issues such as reviving the question of Migingo island in Lake Victoria, which has been the sources of endless political wrangling between the two nations for the last eight years.

The Kenya delegation was headed by James Ole SeriAN who is the Regional Co-coordinator Commissioner for Western Province. It asked the joint border survey committee which was established Five years ago to urgently embark on the review process to end the stalement. It became clear at the end of the discussions that the two countries wants Migingio ISLAND border survey reviewed quickly and the dispute between the two countries sorted out amicably and diplomatically. The same dispute has remained a thorny issue for the last eight years at times threatening he peaceful co-existence of the two countries.

Mr Ole Serian the head of the Kenya delegation had told the gathering that the long territorial spat over the disputed Migingo Island in Lake Victoria will soon be resolved in a peaceful manner. His counter part Mr Sadique said that the to countries have enjoyed cordial and warm relationship anf therefore needed to resolved all the outstanding issues harmoniously.

The joint survey team was established by the two nations in 2009 and undertook the joint inspection of the international boundaries in the region, But its work had stalled despite the two countries having made available the sums of Kshs 240 million in which each contributed half of the amount of. During another KENYA-Uganda Ministerial COUNCIL held in the Kenyan capital, Nairobi in 2011 it was agreed that the joint survey team would complete its work and come up with practical modalities to conclude the survey and demarcation of the common boundaries in Lake Victoria.

The initiatives, however, stalled due to what Mr Ole termed as failure to bring on board the stakeholders. NINTH KENYA-UGANDA JOINT BORDER TECHNICAL COMMISSION does bring on board all the stakeholders, and, that exercise among the many issues surrounding the true ownership of Migingo Island. Which were supposed to have been addressed adequately and sufficiently.

Ends

USA: Democrats ditch historic U.S. Senate rule blamed for gridlock

From: Judy Miriga

Good People,

John Boehner ought to have done that, sign up for Insurance through Affordable care (Obamacare) long time ago; the moment it was made law. It is because, Law is Law and there is no BUTS or IFS about the Law. First instinct is to obey the law first, then talk later. It is how things are suppose to be done. Law is an order and you cannot talk over the law. If you have a problem with the law, you sign up first, and bring up your case later.

Here is what wise people in the democratic space will do. Knowing that the Government is a People’s project, all rich and poor must play by the same set of rules. People’s project demands that all (Rich and the Disadvantaged or Poor) must comply by the same set of rules as guiding principles to achieve whatever people want to achieve in life……..that, the Government is the resource pool for opportunity to all big and small people/ rich or disadvantaged.

Corporation are people, is undoubtedly true, because a group of affluence (rich) people decides to pull their power together to achieve a common business interest agenda for PROFIT MAKING in their network ……but that is only 1% of the group missions against those of the 99% of the population majority interest. This is the reason why the 1% cannot dictate and command over the interest of the 99% in the People’s Democratic Governance ……. if they do, then it stops being a People’s Democratic Government. It becomes the Rulership of the most powerful rich which in the essence is a DICTATORIAL GOVERNANCE by the rich who having succeeded in opposing the interest of the 99% of the majority, imposes their demands on the 99% of the population.

This is where the interest of the majority is weakened and have no say of how they wish to be governed, because the rich will have influenced and imposed their demands unfairly on the majority; in which case, the People’s Government of the majority 99% will have been overpowered and superseded by the 1% and the 1% becomes the MASTERS controlling and imposing their demands on the 99% who will have no option but to be swallowed into SLAVERY because their voted REPRESENTATIVES who are suppose to represent and protect their interest are bought off by the rich and compromised their service to people and engaged into conflict of interest to do and serve the will and demands of the 1%. Practically, they fail to go by PUBLIC MANDATE that had them voted into public service, instead of complying to the wishes and interest of their voters who carried the 99%, they switched interest to serve Corporation of Special Business Interest in public service delivery.

Good people, this was headed to end the People’s Government. Which is why, President Obama diligently kept the space in the bipartisan, knowing that he was elected by the people to DELIVER PUBLIC MANDATE. That, he is a custodian of the People’s Government and must pay attention to what the people want. It is the same reason why when the going gets tough at the Washington, he takes solace in the people’s Referendum; and it is because, in the democratic space of the People’s Government, people decides how they wish to be governed. It is the opposite of unfair Corporate Dictatorship Rule of imposing Special Business Interest demands on the majority people. This is unacceptable.

Selfish Greed is a cancer meant to destroy good intent of Love, Unity and Peace in harmony that are for common good of all people. Selfish Greed must be defeated to achieve harmony and happiness we all want. Which is why, filibuster rule was proposed by Hurry Reid in the Senate so that things can move in the right direction, and it is the good thing to do, to avoid gridlock and obstruction that stall people’s business from taking effect at the Washington because of Corporate Special Business Interest negativity and selfish greed of a few that are not for Public Interest Mandate. We shall expect a lot of drama, because they want to resist everything and anything a BLACK PRESIDENT is about to bring to the people………….to them, BLACK IS EVIL………and have not RIGHT to go down in record in the books of HISTORY………..BUT, we all must be watchful and resist any kind of pressure that are driving people to SLAVERY, because, we cannot go back to those dark days………. the days of unwarranted killings, pain and sufferings that bring no good to this wonderful great Nation that leads the world. ALSO, they have to learn that, BLACK IS A PEARL OF LOVE, PEACE, UNITY AND HAPPINESS. That they should stop HATING BLACK and begin to adjust so we can all be ONE. That BLACK is only a COLOR and when we are all dead, WE ALL RESEMBLE THE SOIL OF THE EARTH……………

JF Kennedy was WHITE, but had the heart that welcomed all people of color. He knew that people cannot form barrier amongst themselves. That all had talents and skills to contribute to the well being of all. He saw this 50years ago and walked the path of PEACE and UNITY. He knew what the people want is the right thing to do. He remained firm to do the will of the people and persistently pushed for Public Mandate. He was killed because special business interest did not want to hear about People’s Civil Rights with other to do list that was going to be made into a LAW to become a BILL. After he was killed, Civil Rights Bill with all other bills still became the LAW. Why then did they have to kill JF Kennedy??? …….. The answer is simple……..Selfish Greed.

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

– – – – – – – – – –

Democrats ditch historic U.S. Senate rule blamed for gridlock

WASHINGTON (Reuters) – The Democratic-controlled U.S. Senate, in a historic and bitterly fought rule change, stripped Republicans on Thursday of their ability to block President Barack Obama’s judicial and executive branch nominees.

The action fundamentally altered the way Congress’ upper chamber has worked since the mid-19th century by making it impossible for a minority party, on its own, to block presidential appointments, except those to the U.S. Supreme Court.

The change in the so-called “filibuster” rule does not apply to legislation, which can still be held up by a handful of senators.

The now-defunct rule, a symbol of Washington gridlock, has survived dozens of attacks over the years largely because both major political parties like to use it.

The action will undoubtedly come back to haunt Democrats the next time they lose the Senate and the White House simultaneously. Getting rid of it was considered so momentous and divisive that it was dubbed the “nuclear option” in the Senate.

On a nearly party-line vote of 52-48, the Senate reduced from 60 to 51 the number of votes needed to end procedural roadblocks.

Obama, a former senator, praised the action, calling the filibuster “a reckless and relentless tool to grind all business to a halt.”

The change will speed up the confirmation of Obama appointments to the courts as well as to cabinet and regulatory agencies.

One beneficiary is likely to be Representative Mel Watt, whose nomination to take over the agency that regulates mortgage finance giants Fannie Mae and Freddie Mac was being blocked by Republicans.

But the immediate spark was Democratic frustration at Republican use of the filibuster to block Obama’s appointments to the U.S. Court of Appeals for the District of Columbia Circuit, considered the nation’s second most important court after the U.S. Supreme Court.

The Washington-based appeals court handles crucial disputes over the powers of the presidency and Congress, along with regulatory matters involving air and water pollution, banks, securities trading, telecommunications and labor relations. It has also been a feeder to the Supreme Court, with four of the current justices being former D.C. Circuit judges.

NEW RULE USED QUICKLY

Democrats quickly used the new rule by ending a Republican filibuster against one of those court nominees, Patricia Millett, on a vote of 55-43. A vote to confirm her nomination will be held later.

Millett is a Harvard-trained lawyer who worked in the administration of both Democratic President Bill Clinton and Republican President George W. Bush. The American Bar Association gave her its top rating for the D.C. Circuit post.

As is often the case with stalled nominations, Republicans did not contend that Millet lacked qualifications. They simply do not want to give Obama more appointments to the important court, which they argue is underworked anyway.

For nearly two years, Republicans held up confirmation of Richard Cordray as director of the Consumer Financial Protection Bureau because they objected to the bureau’s powers, not to Cordray, who has since been confirmed.

Senate Majority Leader Harry Reid, a Nevada Democrat, led the charge on the rules change, accusing Republicans of record obstructionism and saying the American public is right to believe that “Congress is broken.”

Reid said that of the 168 filibusters against presidential nominees in U.S. history, half were held against Obama’s picks.

“It’s time to change,” Reid said.

Republican Senator Charles Grassley of Iowa fired back, “This is a naked power grab.”

Senate Republican leader Mitch McConnell insisted that there was no reason for a rule change, saying Republicans had confirmed the vast majority of Obama’s judicial nominees.

McConnell also accused Democrats of taking the action merely to divert attention from the botched launch of Obama’s healthcare law, known as Obamacare.

But with Congress’s approval rating in single digits and no indication Republicans will compromise with Obama on much of anything, Reid decided to pull the trigger.

Reid assumes that voters, who polls show are disgusted with a largely “do-nothing” Congress, won’t be upset by a rule change to confirm stalled nominees, Democratic aides said.

Reid also figured that if he did not change the rules, that increasingly anti-compromise Republicans would change them when they win control of the Senate, which could happen in next year’s election, the aides said.

Stephen Hess, a congressional analyst at The Brookings Institution, said, “There’s a good reason why it’s called ‘the nuclear option.’ This does change the system.”

“And whether it’s good or bad depends on from whence you view it and at what moment,” Hess said. “It is good for Democrats on the 21st of November, 2013. And it may not be good (for Democrats) if the landscape changes in the mid-term election” next year and Republicans take control of the Senate.

Asked whether the Democrats’ move could worsen relations with Republicans and make it more difficult to pass legislation, Hess said “I don’t know that relations this bad can get an awful lot worse.”

(Reporting by Thomas Ferraro, Richard Cowan and David Lawder; Editing by Vicki Allen, Fred Barbash and Tim Dobbyn)

=================================

John Boehner Has Officially Signed Up For Insurance Through Obamacare

Speaker.gov

House Speaker John Boehner has officially enrolled in a D.C. insurance exchange under the Affordable Care Act, he said in a blog post on his website Thursday evening, after having some difficulty signing up earlier in the afternoon.

“Like many Americans, my experience was pretty frustrating,” he wrote of his experience at first, a reference to the dysfunction that has plagued the exchange websites since their launch.

“After putting in my personal information, I received an error message. I was able to work past that, but when I went to actually sign up for coverage, I got this ‘internal server error’ screen.”

In his original blog post, he wrote that he had put a call into the help desk. A short while later, he added an update:

“Kept at it, and called the DC Health Link help line. They called back a few hours later, and after re-starting the process on the website two more times, I just heard from DC Health Link that I have been successfully enrolled.”

Brendan Buck, Boehner’s press secretary, joked that “sure didn’t take long after the blog post.”

The federal health care law requires members to enroll in D.C. exchanges.

ICC crippling amendments

From: PubliceyeT

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

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

KENYANS NEEDS REPENTANCE

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

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

KENYANS NEEDS REPENTANCE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sen. Brown and Portman: Stop military rape

From: Nita and Shaunna, UltraViolet

The Senate is about to vote on a proposal to take military rape cases out of the chain of command and finally get justice for survivors. Can you call Sens. Brown and Portman and ask them to pass the Military Justice Improvement Act?
http://act.weareultraviolet.org/go/1277?t=2&akid=687.6000.Q0PlqU

Sen. Brown – (202) 224-2315
Sen. Portman – (202) 224-3353

Dear Readers:

Right now is our big chance to stop the epidemic of rape in the military and finally get justice for survivors.

This week, the Senate will vote on Senator Kirsten Gillibrand’s (D-NY) amendment to the National Defense Authorization Act (NDAA) that would take military sexual assault cases out of the chain of command.1 That means that decisions about these cases will be made by an independent, objective military justice system–not commanding officers.

Momentum for Sen. Gillibrand’s proposal, called the Military Justice Improvement Act, has been growing and the bill has support from Republicans and Democrats. But it also faces resistance from some members of the military brass, and it’s being .2

Your senators, Sherrod Brown and Rob Portman, will be key votes on this amendment, and they need to hear from you right away. Can you call Sens. Brown and Portman and tell them to stand up for survivors of military sexual assault? Ask them to support Sen. Gillibrand’s amendment to the NDAA.

Here’s where to call:

Sen. Brown – (202) 224-2315
Sen. Portman – (202) 224-3353
Then, please report your call here, so we can track our progress together.
http://act.weareultraviolet.org/go/1277?t=3&akid=687.6000.Q0PlqU

Here are some points you can make on your call:

– The military should be a place that is safe for the men and women who are willing to give their lives for their country. They deserve better.

– The Gillibrand bill creates an independent, objective, and non-biased system of military justice. It leaves commanders with the tools they need to maintain good order and discipline.

– Both survivors and military brass say the current system has failed. Survivors and many retired military leaders support the Military Justice Improvement Act.

Military sexual assault is a national crisis. The Pentagon estimates that 26,000 service members were sexually assaulted in the military last year. That’s up from 19,000 the year before. But only 3,000 incidents were reported.3 This has to stop.

It’s time to take oversight and prosecution of military sexual assault cases out of the chain of command. Will you ask Sens. Brown and Portman to vote for the Sen. Gillibrand’s amendment and help military sexual assault survivors get justice?

Call Sens. Brown and Portman and tell them to vote for the Military Justice Improvement Act.
http://act.weareultraviolet.org/go/1277?t=4&akid=687.6000.Q0PlqU

Thanks for speaking out,

-Nita, Shaunna, Kat, Malinda, Adam, Gabriela, and Karin, the Ultraviolet team

Sources:

1. Gillibrand ready for next fight over sexual assault reforms, MSNBC, November 17. 2013

2. Retired U.S. Military Officers Who Support The Military Justice Improvement Act, Senator Gillibrand

Veteran & Women’s Groups Supporting the Military Justice Improvement Act, Senator Gillibrand

3. Sexual Assaults in Military Raise Alarm in Washington, New York Times, May 7, 2103

AMENDMENTS WILL CRIPPLE THE ICC

From: Joseph Lister Nyaringo

Its my sincere hope that the Twelfth session of 122 nations who are also signatories to the Rome Statute congregating in The Hague will put emphasis on the genesis and intent to the founding of the ICC before they even contemplate any form of amendments majorly pursued by President Uhuru and his deputy.

Any hasty amendments to the Rome Statute will have dire consequences on the strength, respect and legitimacy of the court in fighting injustice and impunity in less democratic nations.

As they congregate in The Hague, from 21st November, we hope that the plight of the Kenyan victims of the post election violence and those from other nations will dominate the plenary and not the amendments pursued to protect the powerful.

Indeed, if the court was formed to deter people or leaders who use their powers to unfairly torture and kill the innocent, then the current arrangement where the accused are prosecuted irrespective of their status in society is the best option. Those who want to reverse this arrangement are enemies of justice, fairness and the war on impunity which continues to derail democratic success in Kenya.

For purposes of fairness, equality and access to justice, I don’t agree with Britain’s latest gesture where they suggest for President Uhuru and his deputy William Ruto to be tried via video link.

Besides, why should an accused person- leaders attend court sessions from the comfort of their State palaces to the glare of the victims who are alleged to have been inflicted with pain by the same leaders?

Suppose the evidence adduced by the prosecution in court appears to implicate an accused national leader, will the flexibility pursued to amend the Rome Statute, not give that leader room to build more avenues for dictatorship in order to remain in power and therefore abscond the court process altogether?

I’m not savvy in criminal law, but I’m sure there is no court in the world where an accused criminal dictates the court on the way he or she should be tried. Mutilating the Rome Statue to make Uhuru and Ruto happy is killing the court which is the only haven for safeguarding justice to those who cannot easily get it in their countries.

Besides, perceived dictators and purveyors of impunity need to be kept in check and the surest way it to avoid tampering with the current structure of the Rome statute.

Take for instance the former candidate of the ICC, the late Slobodan Milosevic of Serbia, and former Liberian dictator Charles Taylor who has since been sentenced by the Hague court, would they have travelled from their respective countries to the Netherlands to serve their prison terms if they went on trial through video link?

Secondly, will the ICC indictee and President of Sudan Omar Albashir’s regime nurture any democratic reforms in the Country when he is an international fugitive? Mr. Bashir is only interested in shielding himself from trial while consolidating power in perpetuity-life presidency?

Suppose the Sudanese strongman opined to attend his trials via video link from his Khartoum palace, how would one expect him to leave office and travel to The Netherlands to start his jail term if he is found guilty?

Immunity from prosecution for all sitting heads of states will be the best way to make the ICC toothless, create more life Presidents and manufacture more despotic leaders especially in the Africa Continent.

Its ironical that President Kenyatta, who is exerting too much energy to stop his case and his handlers plus his defense team have hinted several times that his case is weak and that the prosecution witnesses were coached by the Civil Society to implicate him. Why can’t he just join his deputy to let justice take its cause while he continues with his Presidential duties?

When the motion for deferral for Uhuru and Ruto’s cases was defeated at the United Nations Security Council, the Kenyan Government has been ballistic; mostly excoriating two key world powers- the USA and Britain, whom they have consistently accused of wrongly targeting Kenya and Africa, unfairly.

It’s extremely undiplomatic for the Kenyan leaders to peg the Country’s foreign relations based on the cases they face at The Hague.
Truly, how can personal challenges facing a President and his deputy define a nation’s global policy? When mortal Ruto and Uhuru will exit the scene, does it mean Kenya will fade from this planet?

In fact, Deputy President William Ruto who openly professes the Christian faith should be the last person to castigate other nations on the nature of their friendship with Kenya. An entire society cannot be punished because of alleged inequities of a few individuals.

Ruto should remember that we are in a new Covenant where you take responsibility for your own actions.

For instance, in the book of Ezekiel 18:20, it’s clearly written that, the soul that sinneth, it shall die; a son shall not be punished for his father’s sins, neither shall a father be punished for his son’s sins.

The righteousness of the righteous shall be upon him and the wickedness of the wicked shall be upon him. That is why; I vehemently differ with the deputy President who early this week called the nations who voted against the deferral of their cases, enemies of 41 million Kenyans.

How can you call the USA and Britain, enemies of Kenya, when the two countries have always acted as our bigger brothers? In fact, they are the first to show up during our desperate moments.

If a leader has no intent to cause any atrocities, why is there too much energy from the Kenya leaders to amend the Rome Statute, and pave the way for immunity from prosecution? We will hate to see characters reminiscent to the late Bokassa, Mobutu, Idi Amin, Samuel Doe and Milosevic if the Rome Statute is amended.

The leaders who care about global peace, justice, security and checking impunity MUST resist the intended mutilation of the Rome Statute.http://listernyaringo.blogspot.com/2013/11/amendments-to-rome-statute-will-cripple.html

KENYA: WHY GOVERNMENT WON’T PUNISH CULPRITS OF GOLDENBERG SCANDALS

From: Ouko joachim omolo
The News Dispatch with Omolo Beste
TUESDAY, NOVEMBER 19, 2013

Adede Omondi writes via email: “I read one of your blogs on corruption and I would wish you share your ideas with me on these questions: one-is parliament now immune from manipulations of transactions like Goldenberg International limited? Two- compare the parliament that existed before the 2010 constitution and the parliament after the 2010 constitution. I would be grateful for your help”.

Yes, you are absolutely right Adede Omondi and the reason why parliament is immune from manipulations of transactions like Goldenberg International Limited is because Goldenberg refers to a series of monumental financial scandal involving chains of very important and influential officials in the government.

The firm, according to testimony during the Goldenberg Commission of Inquiry (2004 – 2005) was co-owned by Pattni, former President Daniel arap Moi and the chief of intelligence at the time, the late James Kanyottu.

When Goldenberg money corrupted the political system during the 1992 General Elections, involving the launch of a new currency note to deal with unprecedented inflation in its aftermath, there was a youthful movement known as Kanu for youth 92 (YK92) to campaign for Moi come back.

One of the members in the movement was William Ruto who is currently the deputy president for the Republic of Kenya. In its wake Goldenberg caused the collapse of dozens of banks precipitating a banking crisis.

The careers of civil servants who helped expose Goldenberg were ruined. Journalists who exposed the story disappeared into oblivion. Chief executives of companies doing business with Goldenberg either fled into exile or died quietly.

During the scandal, former minister for Internal Security, Prof George Saitoti was Finance Minister. Deputy Prime Minister Musalia Mudavadi was appointed to the Finance Ministry in 1993 while payments to Goldenberg continued.

Kalonzo Musyoka was a minister in the Moi government while this was happening at that time and he knows very well about the scandals. Raila’s father, the late Jaramogi Oginga Odinga, confessed in 1993 that his political party received Goldenberg money.

Because it involves untouchables, is why the 2004 Commission of Inquiry into Goldenberg set by Mwai kibaki has since been accused of ignoring evidence in order to protect powerful personalities such as ex-President Moi and his cronies.

According to evidence presented before the Goldenberg Inquiry, Mr Pattni formed Goldenberg International with Moi and Kanyottu for the purpose of making money from gold and diamonds smuggled from the Congo (at the time called Zaire).

When Kibaki came under pressure from the opposition party to form yet another commission in July 2008 to investigate the sale of Grand Regency Hotel, the Commission comprising of five members led by Justice (rtd) Majid Cockar, Charles Kirui and Kathurima M’ Inoti as commissioners while Messrs Anthony Oteng’o Ombwayo and Wilfred Nyamu Mati as the secretary and counsel to the Commission, Kibaki was accused by the opposition party leaders that he formed his team to cover up.

The Commission was mandated to recommend any legal and administrative measures that it may deem necessary with regard to the case and hold the inquiry in public or conduct private hearings where necessary.

The hotel was allegedly sold for about $45 million instead of its recorded valued of $115 million. This took place shortly Kibaki had signed an exclusive trade pact with the Libyan government, which gave its companies a head start over other investors when competing for lucrative government contracts.

The trade pact was signed after a meeting between President Mwai Kibaki and his host Muammar Gadaffi. The Grand Regency was recovered from Kamlesh Pattni, the man behind the Goldenberg scandal, in which the government compensated him millions of dollars in a fake gold export scheme.

Recently The Kenyan Daily Post reported that Laico Regency (originally Grand regency Hotel) was reportedly bought by Mwai Kibaki at a throw away price. The hotel which was initially owned by Kamlesh Paul Pattni, was taken by Central Bank of Kenya after Pattni negotiated immunity from prosecution for his role in Golden berg in exchange for the transfer of the Grand regency to the Central Bank of Kenya.

It is said Amos Kimunya colluded with Central Bank Governor, Njuguna Ndungu, in selling the hotel to alleged “foreign investors” who will be later established to be Kibaki’s proxies.

Goldenberg cost the country over Ksh 158 billion according to a Judicial Commission of Inquiry appointed by President Kibaki in 2003. Although George Saitoti was named as one of the beneficiaries, instead of asking his aside from his ministry pending investigation, in 2008 he was promoted from the Ministry of Education to take over as Minister for Internal Security. He was in the same PNU party with Kibaki.

This can answer your second question whether there is different from 2010 parliament and current one when it comes to corruption and impunity. They are the same people who were there since Moi was removed from power in 2002- So what next?

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail omolo.ouko@gmail.com
Facebook-omolo beste
Twitter-@8000accomole

Real change must come from ordinary people who refuse to be taken hostage by the weapons of politicians in the face of inequality, racism and oppression, but march together towards a clear and unambiguous goal.

-Anne Montgomery, RSCJ
UN Disarmament
Conference, 2002

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

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

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

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

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

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

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

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

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

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

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

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

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

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail omolo.ouko@gmail.com
Facebook-omolo beste
Twitter-@8000accomole

Real change must come from ordinary people who refuse to be taken hostage by the weapons of politicians in the face of inequality, racism and oppression, but march together towards a clear and unambiguous goal.

-Anne Montgomery, RSCJ
UN Disarmament
Conference, 2002

Kenya: Why Is Uhuru Doggedly Pursuing ICC Deferral?

From: Samuel Omwenga

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

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

That was Round I.

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

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

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

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

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

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

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

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

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

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

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

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

Peace, Unity and Truth
Omwenga



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

From: maina ndiritu

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

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

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

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

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

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

The forum was attended by German Minister for Justice.


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