Nairobi, July 11, 2012–A veteran Ethiopian state journalist who was twice imprisoned on vague corruption and copyright charges and recently convicted on the lesser charge was released today on account of a reduced sentence, local journalists said.
A panel of judges at the Lideta Federal High Court in the capital, Addis Ababa, sentenced Abdulsemed Mohammed, a former senior producer with government-controlled broadcaster Ethiopian Radio and Television Agency (ERTA), to three and half years in prison but said he could go free on account of time already served. The judges also put Abdulsemed on probation for two years, the local journalists said.
. . . http://cpj.org/2012/07/former-ethiopian-state-radio-journalist-released.php
The Committee to Protect Journalists condemns the harsh prison sentences issued by Ethiopia’s High Court today for blogger Eskinder Nega and five independent journalists on vague and politically motivated terrorism charges.
. . . http://cpj.org/2012/07/eskinder-nega-sentenced-to-heavy-prison-term.php#more
NUSOJ Condemns attack on journalist in northern Somalia
Posted On: Jul 13, 2012 (18:22:36)
The National Union of Somali Journalists (NUSOJ) today condemned the beating by security guards of regional governor of a TV journalist who was covering presidential campaign in Port town of Bossasso.
Ahmed Muse Ali, known Ahmed Jokar, who is reporter and representative of private Royal TV network was violently beaten on Thursday, 12 July, by security guards of Abdisamad Mohamed Gallan, governor of Puntland’s Bari region in northeastern Somalia, at International Village Hotel in Bossasso where the presidential campaign of one of the candidates standing for election of Somali President. Ali, who suffered injuries, was reportedly threatened by security guards that they would kill him if they see him at the function
. . .
Apparently encouraged and sensitized by the relatively small progress being made as the result of legal suit filed by the Mau Mau veterans in High Court in London against the British government for the torture and atrocities against members of the Kikuyu community in Kenya during the Mau Mau uprising years in the 1950s, another Kenyan community which had suffered similar treatment is also in the process of filing another historical suit in the UK seeking compensation for its members who had suffered similar treatment.
Member of the Talai community, a sub-tribe of the larger Kalenjin ethnic groups who were banished and exiled from their ancestral land in Kericho, Nandi, Tugen and other place for close to forty years are also considering the option of suing the British government to compensate for the loss of their ancestral land, property and the, loss of their freedom.
Commonly known as Laibon is for the belief by many Kenyans that its members possess supernatural powers of soothsaying and prophecy, the Talai community, The Talai community who were before the year 1934 were living happily among the other Kalenjin sub-tribes like the Nandis, Tugen, and Kipsigis .
The Talai had occupied the most fertile in the Kericho Highlands region. The British had decided to give this area to the white settlers for tea plantations and construction of the green tea leaves processing factories.
The large tea plantations and factories which were introduced as cash crops in the region in early 1920s still stands there and owned by foreign British multinational foreign companies to-date.
The colonial authorities in Kenya, was becoming increasingly intolerant with the falsified accusations peddled by colonial chiefs and white missionaries alleging that the Talai were mobilizing their people to stage an armed rebellion in protest for the confiscation of land meant for tea plantations. Other accusers to the colonial authorities that the Talai were capable of bewitching families even government officials to death.
A discriminating ordinance was hurriedly tabled in the Whites and settlers dominated Colonial Legislative Council in Nairobi. The newly enacted law, which was immediately sanctioned by the Whitehall and colonial office in London.
It gave the colonial authorities in Kenya the power to remove the Talai community and forced them into internal exile. Talai members were hunted down like wild antelope, bundle together in makeshift camp in Sosiot and in other places while on transits camp while waiting to be walked for miles to their new homes.
They together with their herds animals were escorted by armed soldiers and policemen across the Nyanza Province and the remotest hills are of Gwassi now known as Suba South district. The place was infested by tse-tse flies and the colonial authorities expected the members of the Talai community to perish udder such squalid condition on top of the remote Gwassi Hillsh with no water for their animals and even for human consumption.
Close 2,600 families were involved in the inhuman exercises. The Talai members use to take their herds of cow for watering 15 kilometers away at Sori at Karungu-Bay on the shore of lake Victoria only twice a week. The group was placed under the administrative watchful of one generous retired Chief Kasuku Matunga with whom the group quickly cultivated close friends and family ties, making the life much easier for them to survive. Their leader Arap Koilagen was late relocated to another remotes part of the neighboring Mfangano Island, where he later succumbed to death exile in around 1956.
While In Mfangano those Talai members who were hard-core were placed under the supervision of the latex-Senior Chief Simeon Wasonga Kwach with those who were exiled there also cultivated another very warm friendship and relationship which has lasted for decades. Strict restrictions were paced on the Talai.
They were m allowed t ravel outside Gwassi or South Nyanza district without the express permission granted permission by the local chiefs, district officers {DOs], police District Commissioners. They were also barred from receiving visitors from their original Kalenjin home region, Only the boys and girls were, however, allowed to travel back home during mandatory circumcision periods .
The came the year 1962, when Kenyan people were clamoring for political independence,the then Legislative Member representing the Kipsigis community in the white settlers dominated Colonial Legislative Council Dr. Taaitta Araap Toweett moved a motion calling upon the government to revoke lift all the restrictions t had imposed on the exiled Talai community so that these people should come back home and resume normal life among their kins in their ancestral land in Kericho.
The motion which was seconded by the late Tom Mboya and supported by among other legislators Oginga Odinga, Masinde Muliro Ronald Gideon Ngala and Daniel T.Arap Moi. It was accepted by the colonial government unanimously supported by all the 14 African elected members of the Legco, moderate Europeans and White Settler, Asian members and the rest. There, was, however some loopholes in the motion itself. It din t spelt clearly how he close 7,000 families of the Talai community would be resettled, where to settled them and the availability of the lands were never mentioned. The Talai were verbally promised they would be resettled among their people with no specific mention about the land. This is because thee were no more land in the region for free in Kericho and in most parts of Kalenjin region had already been settled and exhausted.
The Talai were then abandoned in a small Kericho Municipality parcel of land where they have been living in a crowded manner ever since 1962
The majority of hose living in Kericho have yet to get the land which they can call their own and settled on despite of the repeated assurances by the successive independent governments of Kenya.
This week members of the Talai community converged for a cultural celebration gathering. They issued fresh demands for compensation from the British government.
The community spokesman Joseph Sigilai said the community suffered heavily in the hands of the colonialists and wanted compensation from Britain as soon as possible failure of which will institute legal action.
“There are hard facts that our people were tortured by the colonialists before us being pushed from our fertile ancestral land to create room for the Tea plantations and factories in that has benefited other people still languishing in abject poverty,” said Sigilai.
The sub-tribe spokesman said they were keenly watching how the Mau Mau fighter’s case was being dealt with before making the next move or instructing lawyers to commence legal action seeking compensation.
The youths participating in the cultural gathering wee n of the role their forefathers played, particularly the late Arap Koilagen in resisting the colonialists leading to his torture and eventually forced exile and displacement of his people from Kericho in 19
He said the community was also demanding land from the government as promised saying since they retreated to their ancestral home in Kericho County, the have been accommodated relatives some of whom have now run out of patience.
“We came back to Kericho in 1962 and we were accepted and accommodated by our distance relatives. Due to pressure of land, some of us are now being told to seek for land elsewhere rendering us squatters once again” ,said Sigilai.
He said the Kenya government has only managed to settle 515 families out of the total 5,574, and we are still being told by the authorities to be patient.”Surely we have run out of patience as the government seemed to be buying times as we suffer,”said Sigalai.
The celebrations were held at the Moi Garden ground in Kericho.
FEATURES
Kenya Railways Action Group
2012-06-28, Issue 591
http://pambazuka.org/en/category/features/83200
Printer friendly version
cc Wikimedia Kenya Railways Corporation has over the past two decades gone from being an exemplar of service and care to leaving behind a greed-driven legacy of retrenchment, dislocation and abandonment of its employees. As one of the key national institutions, the Kenya Railways Corporation, at its apex, was an employer to over 25000 Kenyans, deployed to serve the Nation across the Railway Network distancing 2400km from Mombasa to the Kisumulake shore, with branch lines to Taveta =96 Tanzania, to Malaba =96 Uganda; and, within Kenya, to kitale, Nanyuki, Solai =96 Nyahururu and the Kajiado – Magadi lines. The complex network of feeder lines to the industrial areas of Nairobi and all the other major towns in Kenya also provided the connecting rail network for the invaluable range of transport services offered to the economies of the countries within Eastern Africa and the great lakes region.
Through this railways establishment Kenya became the leading provider of transport linkage to the countries depending on its services for the vital imports of goods, which moved the engines of industry and sustained their economies. Aside from this, it provided other important auxiliary services, which included the provision of engineering and technical services through the massive Central Workshops facilities – only rivaled by those in South Africa and Egypt.
The then central Railway Training School also provided vital training on the maintenance and repairs of railway equipment and infrastructures and, most importantly, played the critical role of preparing the next generation of railway men and women for the future administration and management of the Railways.
Sorry to say that all these programs, which were mooted and painstakingly mooted by our visionaries, following many years of planning and resources commitment, were in one fell swoop sacrificed at the altar of greed.
Today the Kenya Railways Corporation has become a shell of its former self and is rapidly fading into obscurity, for the reasons outlined in this paper. This forms the basis of our appeal to the concerned stakeholder for concerted action and restitution to those who were caught up or traumatized by the effects of the plunder to their lives and livelihoods, from those who, entrusted with a great and noble responsibility because of narrow interests, deliberately, caused the collapse of this giant Corporation, probably pushing us many years back in our quest to join the polity of advanced nations.
Conversely, the Railway Act (Cap 397) empowers the Corporation to fully exploit all the resources availed to it for the benefit of the employees and the country at a large.
As intended, the economic contribution to the exchequer and the general welfare of the people of Kenya would therefore be dependent on how well these resources were applied in meeting this and those other objectives which have been clearly specified in the Act.
LAND
To facilitate its operations, the Kenya Railways Corporation was endowed with large tracts of land – including estates property, major assets and infrastructures – spread along the length and breadth of Kenya. Over the last hundred years, most structures have been built parallel to the railway network, stretching over 2400 km.
However, over time and starting with the instigation of the Musuva Commission of Inquiry in 1989, this land was invaded and rapidly changed hands, without ascertaining the railways traffic requirements and the necessary expansion of the railways operational infrastructures.
In the more scandalous cases, operational land was recklessly excised and disposed of, without ascertaining KRC’s present and future expansionary needs. See Ndungu report.
For example, the allocation of land within the boundaries of the locomotive turning triangles (termed Diamonds) in the major stations system, greatly obscured traffic operations and endangered safety. This encroachment gradually crept into the Railway estates housing and staff were at times required to cede their housing accommodation overnight – often without notice – to pave way for the so called property owners or developers of the new acquisitions.
This encroachment into railway land worsened with the passage of time. The plunder was cloaked with impunity, with trespass or open violation of the employees’ rights that was justified by the political correctness of the perpetrators.
With the subsequent retrenchment of employees, the ensuing scramble for the displaced railway assets escalated. The workers’ rights and interests were completely subjugated in the process – even in the instances where GOK had issued clear instruction guidelines that the workers are given first priority and fair treatment in benefiting from the divestment program that had commenced in the government parastatals. Every effort by GOK to empower the employees under the Economic Recovery Strategy (ERS) for Employment and Wealth creation, launched in 2003, was jettisoned.
Housing assets were initially identified to be sold to staff under the GOK initiative, but the target employees were hounded out of those houses orhastily retrenched to deny them the opportunity to benefit, as their civil service colleagues had done. The staff, rightly resisting vacation of quarters for nonpayment of their outstanding benefits, were viciously evicted; regardless of the violations of their rights, KRC influenced the disposal of the cases in court on technical grounds, leaving many employees scarred and bearing irreparable damage to their lives.
This occupation and resultant effect of the hostile takeover process was entirely dehumanizing to the employees. It characterized the beginning of the severe disintegration of the once robust railways system. The attrition witnessed presently, which continues to affect and hound the lives of railway men and women, is the consequence of the scramble for the institutional assets and lands identified and set aside by the taxpayers for the welfare of the retired staff, following concession of the corporation.
COMMISSION
We can say that the genesis of the corporation’s problems accelerated following implementation of the Musuva Commission of enquiry report recommendations. It opened the system to opportunism. The deliberate variation of the commercial and administrative procedures established to regulate the complex railway systems were dismantled without thought.
KRC became a laboratory for experimentation, and in the course of time the Corporation became a haven for enrichment by all shades of personalities, brandishing name tags from the political establishment and seeking to exploit the railway resources. The scramble and plunder of railway land and assets went on to the extent of completely subjugating the welfare and legal rights of the employees. Where their labor rights were concerned, the Union was compromised to such a degree that the employees had no alternative but to hold the short end of the stick in any negotiated terms.
In the subsequent retrenchment onslaught, the employees’ cries for fairness were completely ignored and, for many, their lives began to disintegrate before their very own eyes. Families broke up and parents divorced as wives and children refused to accompany their spouses and parents to their rural homes. Evictions like the ones of Muthurwa and Makongeni Estates spilt into the public domain and the courts, where the right to housing and illegal evictions is now the subject of contention.
The barriers that had been placed in their paths in their quest for justice discouraged many, and having no other recourse, they let destiny to take its course. As a result of the inhuman treatment, many employees who were sent home without the decent safety net promised by the World Bank, in compensation for the lost employment years, silently perished from broken spirits and destitution.
BENEFITS
The Railways retrenchment was effected in phases. The first phase commenced in 1994 when the World Bank recommended that KRC could initially sell its surplus assets to raise the funds to cover the retrenchment costs. The staff then retrenched were promised increments later rescinded, forcing many to retire in penury. Those who tried to seek redress faced a biased union, an impervious court system and a hostile political environment. Their plight was drowned in the corridors of corruption, and many left for their rural homes with nothing to show for their years of toil.
The second phase commenced in 1998. With the learning curve of shortchanging the employees perfected and securely in place, this group’s terms of retirement were equally varied, leading many to retire with peanuts. Litigation did not succeed; for example, it took over 14 good years to have their exempted tax deductions refunded. In all these instances, the union was at the centre of the controversy, with the argument that once the lowly terms negotiated was registered, the courts, which had been appealed to by the aggrieved employees, could do nothing about it. In other instances, the employees whose benefits were exempted from taxation were paid last year, and, to date, others are still chasing their payments,. Others despaired and died while still awaiting payment, leaving their dependents to reckon with the administration. Those who survived the ordeal are now awaiting the outcome of the Inter- ministerial disputes resolution committee that had to step in to address the numerous cases that had been brought to it by the aggrieved employees.
Completed cases of refunds were sat upon or with held by KRC on flimsy reasons, such as that the files could not be traced, or citing lack of funds; yet GOK had set aside and granted to the corporation millions of shillings to clear outstanding debts. The issue of underpaid benefits payment has been under correspondence and has severally been referred to the World Bank by the aggrieved employees for necessary clarification. The matter is still hanging to date and is shrouded in secrecy, in view of the serious financial repercussions where funds are found to have been misappropriated.
The third phase commenced in year 2002. The circular letter stipulating the initial severance benefits promised to staff of three months pay for every completed year of service was as in the previous cases rescinded and the staff paid instead one month’s pay for every year completed. Their protest led to naught, and the most affected group, at the time, was the employees engaged on renewable contract terms; they had their contracts automatically renewed at the end of every second year period. Nonetheless, these staff merited payment, given the fact that the service rendered to the corporation was continuous, making them eligible for the full payment of benefits.
The most affected in this category were the women staff in the secretarial cadre, equally eligible for admission to permanent and pensionable status prior to retrenchment. They were retrenched on the remainder of the 2 years running contract. Those who appealed and made vigorous follow ups with GOK were paid their lump sums and rightly admitted to pensionable status, onaccount of the many years of loyal service rendered. The victims of ignorance and misinformation were left out and retrenched on the balance of their running contracts of the expired contract terms at the time of retrenchment. The affected staff left with empty handbags to face an uncertain future and to deal with economic hardships.
The fourth phase commenced in year 2006, following the decision to concede KRC. Sheltam, the firm that won the railways bid, later abandoned the concession in controversial circumstances, causing unquantified financial losses to the Kenyan taxpayers in billions of shillings.
This phase was fraught with irregular financial dealing and retrenchment terms which similarly to the previous ones, severely short-changed the staff. The payment process was riddled with controversies, with batches of the staff earmarked for retrenchment paid under terms which did not clearly reflect the agreement GOK had entered into with the World Bank at the commencement of the retrenchment program. For example, the administration created a new category of employees called permanent contract workers, whose description appeared nowhere in the corporation’s personnel regulations. The funds requisitioned on their behalf are yet to be fully accounted for, though many were sent home with almost nothing to their names.
The PKF auditors appointed by the World Bank to oversee the payment process transparently, were themselves embroiled in the misdemeanors and abandoned the program, left mysteriously without settling numerous cases of underpayments and over payments to staff, six years down the line. They have yet to account to GOK and the World Bank the millions of shillings alleged to have been misappropriated during the process of effecting payments to the staff earmarked for retrenchment.
The information on the actual retrenchment benefits was variously stifled or varied, in a manner which left many retrenchees confused as to the applicable terms.
Again, the role of the Union in undermining the rights ofthe employees, in collaboration with the railways establishment, came to the fore.
IMPACT
On the whole, this process fundamentally affected the lives of many employees. With the mounting pressure to take over the operations and railway assets, the employees’ human rights were violated in many respects. With regards to housing, many employees eligible for free accommodation until their benefits were settled in full and in accordance with established railways regulations and the existing rules of natural justice, found themselves viciously evicted and left to seek abode in the surrounding slums. The plight of their families remains the discussion for another day, to be best told by them.
We believe that this truth will be known, with your assistance, as we begin to make the rounds in the country to collect and document these stories for posterity.
Even where the parent Ministry (transport) directed that that staff who had been unjustly evicted be reinstated to their quarters until their dues were paid in full, KRC was recalcitrant; they ignored such instructions and countered with their own arrangements, which were entirely inconvenient to the interests and welfare of the affected staff. In such instances, KRC advised the aggrieved staff to proceed to their home stations or to source accommodation in the vandalized railway quarters, away from their home stations, where found available. Those who took this option and occupied such vacant wayside quarters were later, treacherously, told to pay rent or face evictions.
In spite of the Railways Union’s clarification to the Transport Ministry on the railway’s housing policy, and the ministerial directive to KRC for reinstatement of the staff back to their houses, the staff affected, who had completed the requisite options forms introduced by KRC to implement this ministerial directive, never received any feedback, leaving the matter to fizzle out with the passage of time. Today, a majority of these staff now live in embarrassing destitution, leaving heartbreak, sorrow and desolation, thanks to the travesties of new managers and changed and untested policies imposed on an institution which once ran like clockwork and took very good care of its employees.
As such, it may be observed that over the years many KRC employees became victims of an institution run down as a consequence of conflicting interests. Their condition has worsened with every subsequent separation of staff from the institution. It was therefore necessary to document these happenings, so that justice can be served for those whose rights and lives have been turned upside down by the establishment; and to seek restitution for those who have suffered loss and to comfort the bereaved in the cases where spouses surrendered and sought solace across the Rubicon.
Across the country, there are over 9465 retired employees who now depend on the Kenya Railways Staff Retirement Benefits Scheme for their livelihood. They are required to receive monthly pensions until the end of their lives. However, this prospect is now threatened and constrained by political machinations targeting the properties which were set aside by GOK to provide for the pension needs of the retired employees.
Equally, the non-permanent staff, numbering over 3000, presently are pursuing payment of their retrenchment benefits with the corporation. Staff who stuff who suffered evictions and were residents in the sprawling Makongeni and Muthurwa railway housing estates are keeping their fingers crossed and hoping for redress through the courts.
However, in all these instances procrastination is noted, and whether this is deliberate or otherwise depends on whether those who have been charged with the responsibility to act are enjoying largesse by way of railway land. We have always suspected that to be the case, as the continuing suffering of KRC employees in the midst of all the atrocities committed to them clearly defies logic.
In this respect we would like to request the readers of this article to come on board and assist in achieving the following objectives:
i) Facilitate funding for mobilization of the aggrieved staff, system-wide; to collate and document their grievances and channel them to the right agencies for redress.
ii) To counsel and provide hope to the widows and dependents whose breadwinners have departed prematurely as a consequence of the maltreatment by the railway establishment
iii) To establish a case for compensation and payment of claims owing to the staff who were prematurely retrenched, which have not been fully settled by the employer.
—
Generously, have a fruitful environmental friendly day.
Patrick Kamotho
Fahamu Pan -African Fellow[FPAF]
African Views-Kenya Chapter.
Interim Co-ordinator East Africa Alliance of Inhabitants.Member. Bunge La Mwananchi.
Country Convener, Baraza La Taifa Social Movement
C.E.O. Shields & Spears Co. Ltd
Opinion piece by Judge Sang-Hyun SONG, President of the International Criminal Court
International Criminal Court turns ten
On 1 July 2002, the first three staff members of the International Criminal Court (ICC) entered the ICC’s building in The Hague, the Netherlands. On that day, the ICC’s founding treaty, called the Rome Statute, entered into force.
Ten years after that modest beginning, the ICC has turned into a major international institution, securing justice for victims when it cannot be delivered at the national level. 121 States have ratified the Rome Statute, and another 32 countries have signed it, indicating their intention to join the treaty.
The ICC is working in seven situation countries, and monitoring developments in seven others on several continents, turning the principles of the Rome Statute into reality. In March this year, the ICC delivered its first judgement in a case concerning the use of child soldiers in the Democratic Republic of the Congo. Six cases are in the trial stage and nine others in pre-trial phase. These proceedings are testimony that impunity for genocide, war crimes and crimes against humanity is no longer tolerated by the international community.
The victims are a vital part of the ICC’s work. Thousands of victims have been given a voice in the arena of international justice, where their rights are upheld and their suffering recognised. The ICC’s proceedings have emphasized, on a global scale, that children cannot be used as soldiers during hostilities, that sexual violence as a weapon of war is an unacceptable international crime, and that those in positions of power must safeguard the fundamental human rights of people caught in conflict.
Support for international justice is growing around the world every year. Everywhere, people want peace, justice, rule of law and respect for human dignity. The ICC represents the voluntary gathering of nations in a community of values and aspirations for a more secure future for children, women and men around the world.
However, rather than rejoice over our accomplishments, it is far more important that we recognise the shortcomings and the obstacles that remain, and redouble our commitment to further strengthen the Rome Statute system in order to move closer to our ultimate goals. If we act wisely, pulling our strength together, we can prevent terrible suffering before it takes place.
The ICC is the centrepiece of the evolving system of international criminal justice, but the most important aspect of the fight against impunity takes place in each country, society and community around the globe. Domestic justice systems must be strong enough to be able to act as the primary deterrent worldwide, while the ICC is a “court of last resort”, a safety net that ensures accountability when the national jurisdictions are unable for whatever reason to carry out this task. In a spirit of solidarity, the States Parties to the Rome Statute have expressed their commitment to work together to ensure that this principle of complementarity is effective.
Another crucial aspect of the ICC is the cooperation of states and the enforcement of the Court’s orders. The ICC has no police force of its own. The Court relies entirely on states to execute our arrest warrants, to produce evidence, to facilitate the appearance of witnesses and so on. Unfortunately, several suspects subject to ICC arrest warrants have successfully evaded arrest for many years. Political will and international cooperation is crucial in order to bring these persons to justice.
While we work together to prevent impunity and to ensure accountability, we must remember that international criminal justice is one piece in a bigger framework for protecting human rights, suppressing conflict and working for peace and stabilisation. It is vital that other essential elements of conflict prevention and post-conflict recovery are present where needed, alongside international justice mechanisms. Only when accompanied by education, democracy and development, can justice truly help prevent the crimes of the future.
Let us cherish our spirit of solidarity as we look forward to the ICC’s next decade, celebrating our achievements and acknowledging the challenges that remain ahead. We must be united in our resolve to defeat impunity and the lawlessness, brutality and disdain for human dignity that it represents. At this crucial juncture, we must continue the fight against impunity with renewed resolve and increased vigour. We cannot rest until every victim has received justice.
On the 10th anniversary of the International Criminal Court, I call on states, organisations and people everywhere to join this shared mission of humanity.
Distributed by the African Press Organization on behalf of the International Criminal Court.
Photo Judge Sang-Hyun SONG, President of the International Criminal Court: http://www.photos.apo-opa.com/index.php?level=picture&id=238
Logo “10 Years Fighting Impunity”: http://www.photos.apo-opa.com/index.php?level=picture&id=241
The densely populated Kasipul-Kabondo is one area in the greater Southern Nyanza region which is expected to produce the real fire works during the forthcoming general elections.
The Interim Electoral and Boundary Commission {IEBC} has since sub-divided the vote rich constituency into two parliamentary electoral constituencies.
The IEBC has renamed the old constituency, naming the upper side as Kasipul-Kabondo, while the lower part has been renamed Kasipul.
The renaming of the two constituencies all located in Rachuonyo South district within the Homa-Bay County is understandably in communal, political and economic interests of the diverse clans and sub-clans living in the region.
The original Kasipul-Kabondo is one of the oldest parliamentary constituencies in the old greater Southern Nyanza region. It was created in 1962 by the then Electoral and Boundary Commission, which was appointed by the British government’s Colonial Office, and led by a British University professor Prof. Mackenzie.
Its first MP was an American trained ex-school teacher called Samuel Onyango Ayodo who was sponsored by KANU. Ayodo beat a fellow teacher John Ogweno Oindi. Ayodo was from Kabondo while Ogweno hail fro Kojwach in eastern Kasipul.
Prior to the 1963 general elections, Ayodo had served for three years as a member of the White settlers-dominated colonial Legislative Council. He was plucked out of Kisii Government African School {now Kisi High School} in 1959 by the late Tom Mboya and successfully contested in the by—election to fill the vacant Legco seat left by the jailed former member Lawrence Gerald Ouda, who had won the South Nyanza seat in 1957 and became one among the first eight African Elected Members of the Legco.Other African el3ecedLegc members were Ronald Gideon Ngala {Coast}, James Nzau Muimi {Ukambani}, Thomas joseph Mboya {Nairobi}, Benard Mate {Central}, Daniel Toroitich Arap Moi {Rift Valley}, ADONIJAH Obadiah Oginga Odinga { Central Nyanza }.and Henry Masinde Muliro {North Nyanza}.
Out of the eight African elected members of Legco, Masinde Muliro was the holder of a and Bachelor of Arts University degree which he had obtained from a South African University and Benard Mater who had a master’s degree.
Ngala and Odinga both had graduated at Makereee University College in Uganda diploma certificates in teaching
Oguda was arrested and prosecuted for flimsy criminal offence of making seditious and inflammatory remarks in a public gathering at Awendo Market. He was taken all the way to Kericho where he was hurriedly arraigned before the one-eyed white man acting as resident magistrate whose name was Capt. Grey and found guilty and sentenced to 12 month.
Oguda was freed from prison in 1960 after serving and completing his jail term and made an unsuccessful effort to recapture the seat. He was handed a devastative defeat by Ayodo. Oguda by then was aligned to Jaramogi Going Odinga while Ayodo was a political associate of Tom Mboya.
But in the 1961 “Little General election” which was called by the colonial office in London and which pitied KANU and KADU after the first round the table constitutional conference held in Lancaster House, London, between February and March 1960 Oguda was in the election race against Ayodo for the same South Nyanza seat.
South Nyanza electoral area covered vast areas as Kericho and Bomet and part of Narok Counties, what is today known as Kisii and Nyamira Counties,Homa-Bay and Migori Counties.
But in the 1069 general election that was called by the founding Preident Jomo Kneyatta immediately after Mboya’s assassination, Ayodo who had been a cabinet Minister in the post-indepedence cabnet waa given a thorough beating by a fellow former school teacher James E. Mbori –Yogo.
Ayodo, however who won the seat once again, bounced back in 1974 and successfully defended his seat in 1979, but lost it to Mbori again in 1983. Mbori was re-elected in 1988.
In 1992 during the first multiparty elections in Kenya a firebrand Dr Ralph Kopiyo who contested the seat on the Oginga Odinga led Ford-Kenya party dismissed Mbori of KANU and sent him into political limbo.Kopiyo was ousted in 1997 by William Oloo Otula who lost the seat to Eng Pete Otieno Owidi in 2002, but the latter died in the midterm causing the by-election which saw Paddy Ahenda winning he controversy-ridden by election. Ahenda lost to the incumbent Joseph Oyugi Maguwanga in 2007.
In the case of the Kasipul origonaly set apart from the newly created Kasipul-Kabondo, which it shall be analyzing in the near future the contest, may be headed for clans politics for the first time in elections history of the people of Kasipul, who consider themselves as shrning one ancestral grand father,Sipul sn of Rachuonyo son of Jok.
All the previous elections in this region have always been contested on personality cult and not on clans and sub-clans and superiority in numbers.
This constituency is divided down the sub-clan line, the Jokatinda Nyar Kamine comprisng Kodera, Kotieno, Konyango, the largest, In this arrangement the Jo-Kachien from Kachien location will provide the swing votes, just in the same way s the Jo-Kojwach voters have been doing in the past eletions.
Several names, however, are being floated as the potential aspirants. Some of the people beng mentioned have aleady hit the ground in their campaign trails.
Other would be aspirants have been heard advertising their potentialities in series of articles posted to the numerous social websites and news online, but have neither foot in Kasip for the purpose of lobbying for their votes and such they have been branded paper-tigers.
They included Kisumu based wealthy business tycon Eng. Tom Awino Okoko,a Nairobi based lawyer Mr Ochilo’a.
Geographically speaking, the incumbent MP Oyugi Maguwanga will have to defense his seat in the lower Kasipul, because the new Ksipul-Kabondo boundary realignment has placed his home in the old Kasipul near Oyugis, while the boundary re-alignment has left the MP’s parents in their home which is in the newly created Kasipul-Kabondo. He hails from the minority immigrant jo-Wasweta sub-clan whose origins can be traced in predominantly Suba regions in Migori nd Mbita.
The may have he option to either defend his seat in the old Kasipul onstituency where he is living or chose to contest the election in the newly created Kasipul Kabondo where his parent and family members lives. He is however, said to be facing lean time in the lower Ksipul due to his dismal performance in the current paliament because he is among one those legislators listed as not being of high performance. the ODM is the party of choice in his region, which has the highest voters registration in 2007 toppig close to 75,000
The newly created constituency retained Kasipul-kabondo owing to the fact that several sub-clans of the indigines people of Kasipul origins such as Kakelo,Kokwanyo and Kojwach were geographically included in the new constituency grouped together with Jo-Jabondo groups to forms the new constituency now called Kasipul-Kabondo.
The men considered as being serious contenders for the seat included the Meru based businessman Ong’ondo Were, Kisumu based tycoon En. Tom A Okok, Nairobi lawyer Ochilo, Norway based Dr. Otien Mbare and the incumbent MP oyugi Maguwanga.
Among these men Dr. Mbare and Sam Kotiende are perennial election losers in the area and have contested the election before in the old Kasipul-Kabondo in previous elections. In fact they include the youthful Sam Kotiende and as such they are not newcomers to the race.
However, the election in Kasipul could be complicated following the recent emergence of a cartel of power-brokers who are known to be shuttling here and there peddling pack dreadful lies and concocted information I vain effort praying other aspirants in bad taste.
Oyugis Town is awash with extortionists and power-brokers for hire and political hireling hunting for cash hand-outs from the aspirants using menaces tactics including slenderous tactics ad crude manner of peddling information. Some of the political hirelings and goons are either found in Oyugi Town huttling between Oyugis and Nairobi in search of the campaign resources, while engaging in slanderous campaign against their perceived political enemies either real or imagined
The main trading center is Oyugis, but there are smaller trading centers such as Kadongo, Sondu, Chabera, Ober, Ringa and Sikri.The region is served by the Kisumu-sondu-Oyugis-Kisii and Migori highway.
Although agriculturally rich with god rainfall, fertile and arable land ,most land are still laying fallow sparsely cultivated with exception of Kabondo region where farmers have turned into growing the money-minting sweat potatoes, tea, maize, pineapples, bananas, vegetables and other cash and food grains for domestic consumption.
There are any immigrant sub-clansi Kasipul such as Nyakach Agoro, Nyakach Jimo, Mugusero, Kagak, Jo-Osije, Koredo, Wasare, and many other smaller sub-clans which are not indigines.
The war on terror is on and many of our people ar ebeing hurt. Is there something we can do ? the answer is yes.
Here is the plot.
Pray for each of your neighbours or friends, or bloggers, including atheists. especially if potential of being turned terrorists is high. Ask God to delete terroristic mindsets in them, incase they are terrorists. ask God to foil their plans incase they are. ask God to foil any plans of them or their descendants being recruited in terrorism. ie Close that door. Tell God to hit at the demons of terrorim in your town/village/country.
It is demons that generate the ideas of hurting people. God knows exactly who is involved or who pulls the real strings. They could even be people in high places in USA or Russia or Medina. Somali alla shababu could just be pones.
The prayers could kinda take 2 minutes. You can even do one neigbor/friend/blogger a day. or one in the morning another when taking 10oclock tea another when you are praying for lunch etc. My believe is; this is the formula to solve the terrorist attacks to humans once and for all.
Antonio wa mfalme mwema
Voice from desert fo Tekoa where giant killers are drilled.
—
The League of Young Professionals, Nairobi Chapter, Invites you to our June Monthly Talk & Networking Forum, Thursday 14th June from 6:00pm – 8:00pm. Our Guest Speaker will be Derek Bbanga, CEO Public Image East Africa and he will be talking about Developing Your Personal Brand and Professional Image. Cost for Members is Ksh. 500, and 1, 000 for non members. Venue KICC, Tin Tin Restaurant.
Confirm attending by texting your name and profession to 0708 021 680.
A Burundian appeals court must reverse the ruling against a journalist sentenced to life in prison on vague terrorism charges, the Committee to Protect Journalists said today.
A High Court in the eastern town of Cankuzo today found Hassan Ruvakuki, a reporter for local radio station Bonesha FM and French government-funded broadcaster Radio France Internationale, and 13 other defendants guilty of “participating in terrorist attacks” under the country’s penal code, Patrick Nduwimana, the interim director at Bonesha FM, told CPJ.
On June 21, the government of Ethiopia is due to announce a verdict in the case of local journalist and blogger, Eskinder Nega, who faces a potential life sentence on vague terrorism charges that followed his writings discussing the Arab Spring and criticizing the government’s use of terrorism legislation to jail dissidents. Since his arrest in 2011, CPJ has been closely monitoring Eskinder’s case and advocating for his release.
Regional experts from the Committee to Protect Journalists are available in New York and Nairobi for interviews on Eskinder’s case and Ethiopia’s press freedom record.
The item below is troublesome. Within recent year or two, statutes were passed to claim it may be ok. But it is COUNTER to the tradition of Law and Rights in USA for the past several centuries!
Drones May be Targeting YOU
Wednesday, June 20, 2012
It is the intention of the United States government to destroy privacy in America, and a big part of this evil is the planned deployment of 30,000 drones that will be able to monitor in detail the movement and activities of every citizen of this country. The path to the surveillance state has been paved by the Supreme Court, which has ruled that citizens have essentially no right of privacy from being observed from overhead.
The President has been granted the right to kill American citizens without a trial, and deadly Predator and Reaper drones will be deployed over American soil from Creech Air Force Base (AFB) in Nevada, Holloman AFB and Cannon AFB in New Mexico, Fort Drum in New York, Grand Forks in North Dakota, Ellsworth AFB in South Dakota, Whiteman AFB in Missouri, and the Southern California Logistics Airport, among others.
It is sad that Kenya has too many serious corrupt problems that require to be investigated.
Kenya is still very much deep into corruption and impunity.
A lot of harrassments and intimidation are all over and people are living in fears. This is unacceptable and something must be done to save this sorry situation. This is a sign Kenya may be drifting apart into confusion and destruction.
Kenya cannot go on like this without desolving the Coalition Government for a new Transitional Caretaker Committee. Things will soon get out of control.
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
– – – – – – – – – – –
Kenya’s Sorry State:
Tuesday, 26 January 2010
Kenyan activists under attack yet again
Battle lines have been drawn with full frontal attacks on prominent Kenyan activists. Just last weekend the wife of a prominent youth activist Joshua Nyamori of the Nyanza Youth Coalition was attacked by six armed men and her car taken at gun-point at their home-gate. Nyamori’s youth group has been under spotlight as one of the groups who have been receiving support from the US Ambassador Michael Ranneberger.
Another activist under attack is Shem Ochuodo who apart from having a corruption case looming over his head, has had to face the tribulations of being considered in opposition to the grand coalition. His office in Nairobi was closed and people purporting to be ‘auctioneers’ seizing his equipment when in fact he had overpaid his rent and a lorry used for the 2007 elections being impounded. Ochuodo himself has wide appeal not only because of his byname ‘father of the internet’ but also for his activities in the newly formed Mageuzi Trust.
Unearth the truth, CJ urges probe team – News |nation.co.ke
The team that will investigate the helicopter crash that killed six Kenyans including two ministers was sworn in Wednesday with calls to unearth the truth.
www.nation.co.ke/News/ UnearththetruthCJurgesprobe… – Cached
Unearth the truth, CJ urges probe team
Attorney General Githu Muigai (left) during a news conference after the swearing in on members of a team to probe the helicopter crash that killed six government officials including Internal Security minister George Saitoti and his assistant Orwa Ojode. On the right is Chief Justice Willy Mutunga. EMMA NZIOKA
By BENJAMIN MUINDI bmuindi@ke.nationmedia.com
Posted Wednesday, June 20 2012 at 14:08
The team that will investigate the helicopter crash that killed six Kenyans including two ministers was sworn in Wednesday with calls to unearth the truth.
The five-member team chaired by Court of Appeal judge Kalpana Rawal will investigate the cause and circumstances surrounding the crash that killed Internal Security minister George Saitoti his deputy Orwa Ojodeh, two pilots and two bodyguards.
It was sworn in at the Supreme Court by Chief Justice Willy Mutunga accompanied by Attorney General Githu Muigai and Transport minister Amos Kimunya, who appointed the team in line with the Civil Aviations Act.
“This team must be alive to the history of probes and inquires of similar nature, which have been used as a whitewash,” CJ Mutunga said.
“It must be alive to the strong underlying public concerns on this crash, which it must address directly and steadily without cowering or intimidation… It must restore public confidence in public inquiries,” he added.
The CJ asked the team not to deepen the grief of the families affected through shoddy work urging them to remain forthright in their conduct, professional in their operations and courageous in work and findings.
“To do otherwise will be an unforgivable assault to justice, to families and an indefensible dereliction of duty to country, and an irredeemable dishonour to self.”
The members are Maj Gen (Rtd) Harold Mwakio, Maj Gen (Rtd) Charles Wachira, Capt Peter Maranga, Chief Inspector Mark Owenga and Fredrick Opot.
Transparent investigations
They will be assisted by counsel from the offices of the AG and Director of Public Prosecutions James Warui, Charles Mutinda and Faith Irari.
On his part, Mr Kimunya said: “We are confident in the team appointed that we can finally learn the circumstances that have caused us so much sorrow in the country.”
He noted that the team has the responsibility of assuring the families of the six Kenyans who died in the crash that justice is done.
“We want to assure the public that open, thorough and transparent investigations will be conducted and the the report will be made possible to the public in the earliest time,” Prof Muigai added. Lady Justice Rawal said that members of the families affected are free to participate in the investigations, or to appoint representatives.
She will also be charged in determining the time and other resources that the team will require to carry out the undertaking, while Mr Kimunya will notify the public on the date of the first public hearing. This will be after the commission has found a secretariat to operate from.
Mr Kimunya also noted that foreign investigators including the helicopter manufacturers, their government and insurance will be party to the investigations.
East African journalists fleeing violence in their countries make up nearly half of the more than 450 journalists forced into exile in the past five years, the Committee to Protect Journalists found in its “Journalists in Exile 2012” report marking World Refugee Day.
“There is a journalist refugee crisis in East Africa that has drastically affected the region’s ability to maintain media institutions that provide reliable, vital information,” said Maria Salazar-Ferro, CPJ Journalist Assistance program coordinator and co-author of the report. “After enduring violence and threats, these journalists fled for their lives, only to land in a state of prolonged uncertainty as governments and the U.N. refugee agency process their cases.”
In the past year, more than a quarter of the 57 journalists who fled their homes came from an East African nation. The greatest number fled violence in Somalia, where six journalists have been killed in 2012 and no journalist murders have been prosecuted since 1992. Eritrea and Ethiopia, East Africa’s worst jailers of journalists, also lost many to exile. Journalists also sought refuge from targeted attacks and threats in conflict-ridden Syria and Pakistan.
CPJ’s annual survey of journalists in exile counts those who fled due to work-related persecution in the past 12 months and provides an overview of the past five years. Dozens of journalists seeking asylum without the legal right to work nor access to basic services live in desperate, insecure, and impoverished conditions, CPJ research shows. To help journalists reach safe destinations, regain stability, and earn a living, CPJ’s Journalist Assistance Program works with other organizations to optimize advocacy, logistical, and financial support. A special effort is being made to help East African journalists deal with this crisis.
The National Union of Somali Journalists is concerned about the increasing journalists’ casualties in Somalia after a broadcast journalist was wounded in a landmine blast in Mogadishu on Sunday 17 June, 2012 around 7:00pm, while the union hopes quick recovery for another wounded journalist who was flown to Nairobi for further medical treatment
The journalist, Abdifatah Ibrahim Hassan, a newscaster of SIMBA radio, a privately owned radio station, was wounded by a shrapnel from a landmine blast on Sunday evening, June 17, 2012 around 7:00pm local time, as he left the radio station at Bakaro market and heading his home at Hamar-Bile neighborhood. The shrapnel hit the tight close the testicles of the right leg. Two people were killed in the blast and three additional people were wounded.
He was rushed to Madina Hospital where he went under two successful surgeries, according to the Director of the Hospital, Dr. Mohamed Yusuf who spoke with NUSOJ, “He was under two surgeries and now we hope he will recover.”
The director of SIMBA Radio, Abdullahi Ali Farah (Atosh) who spoke with NUSOJ said that, It was unfortunate incident that one of his journalists were wounded, noting that the journalist was not only servicing the radio but the public as well.
The National Union of Somali Journalists (NUSOJ) called the incident worrisome trend that everyday the journalists are on the line of fire. “It is intolerable to witness that our members are either killed or wounded in Mogadishu,” Mohamed Ibrahim, NUSOJ Secretary General said, “We call on the all sides of the conflict to respect the journalists who are tirelessly feeding them updated news information and urge the Transitional Federal Government to carry out full investigations into the previous cases of murders and wounds and end the culture of impunity reaching its peak.”
Meanwhile, officials from the National Union of Somali Journalists visited Mohamed Nur Mohamed “Sharif” of Bar-Kulan Radio at The Aga Khan Hospital in Nairobi after he was flown to Nairobi after the journalist’s health condition has deteriorated, after surviving an assassination attempt. Mohamed Sharif was wounded by two unknown armed men after he left a local television offices in Hamarjajab neighborhood for home on June 8, 2012.
“I had a problem of breathing and I was taken to Nairobi and receiving treatment at Aga Khan Hospital.” Mohamed Sharif who was speaking to Mohamed Garane, the Union’s training secretary who visited him at the hospital said, “I am feeling good now.”
“I had the damaged areas of my stomach scanned and I have gone under care and treatment, for Allah’s mercy I can breathe now” Mohamed Sharif added, thanking Bar-Kulan radio administrators – a UN funded radio -, Albany Associates, NUSOJ and Somali journalists for their sympathy and care.
NUSOJ sent urgent medical assistance to Doha Center for Media Freedom (DCMF) and had kindly responded. DCMF has helped at least 10 either wounded or sick journalists including the journalists wounded at the theatre blast this year alone.
National Union of Somali Journalists (NUSOJ) welcome Ahlu Sunna waljama release the two journalists arrested in the Somalia’s central town of Dhusomareb two days ago were illegally sentenced to three months jail by the Sufi militia run local court and submitted to the central prison in the town but later released with the help of The National Union of Somali Journalists (NUSOJ) on Thursday.
But after many contacts with the Sufi Ahlu-Suna rulers in Dhusomareb, the NUSOJ officials succeeded to convince the court judge the charge against the journalists was baseless and they were released on Wednesday at 06:00 PM local time.
The journalists were sued with an false charges on accusing them of a news coverage describing the Ahlu-Suna fighters as clan based militia bandits but that case lacked any evidence.
The chairman of Ahlu-Suna Sheik Ibrahim Sheik Hassan Guureeye told NUSOJ he will intervene the case and correct the faults within the administration. Ibrahim has opologized over the journalists’ arrests and pledged for NUSOJ that this won’t happen and those who were behind it will be brought before justice.
The man behind the reports’ arrests who is the chairman of the security board in Dhusomareb town Farhan Sheik Ali has himself paid an excuse over this order pointing it as a mistake which came into misunderstanding.
Journalist Abdirahman Moalim Ahmed described their arrest as in violation of their freedom. They were beaten and tortured to confess un existed and uninvolved crime.
Militias loyal to the local Sufi militias, Ahlu Suna Wal-Jama raided the offices of the Radio Voice of Central Dhusamareb (Idaacadda Codka Bartamaha Dhusamareb) based in Dhusamareb on Tuesday morning around 6:20am local time, where they have seriously beaten and arrested Bashir Mohamed Salad Aka Bashir Sanka who contributes both Dalsan Radio, a privately owned independent radio station based in Mogadishu and Idacada Codka Bartamaha, an independent radio station based Dhusamareb and Abdi Jamal Moalim Ahmed, who is the correspondent of Radio Bar-Kulan, a UN Funded radio.
The Shabab, which is affiliated to Al-Qaeda looted the Radio equipment twice after raiding the town and briefly taking it over, there has been similar fears within the residents after the Ahlu Sunna Waljama militias supported by the Ethiopian troops abandoned the town of Elbur, a strategic town in central Somalia this weekend.
On 5th June, 2012, The Deputy Security Chief of the town’s Security Committee, Mr. Nor Elmi Hoosagale threatened the journalists after similar episode, of which the town’s people evacuated the town, took place.
On June 8, 2012 Two unknown assailants armed with pistols shot twice Mohamed Noor Mohamed better known as Mohamed Sharif – reporter for the Bar-Kulan Radio – below the heart which penetrated the back and the stomach on Friday evening June 8, 2012 around 7:30pm local time near Horn Cable Television office in Hamarjajab neighborhood as he was returning from work. The attackers fled the area immediately, according to witnesses.
Authorities in Angola’s enclave of Cabinda must immediately launch an investigation into the robbery at the home of an independent journalist on Sunday, the Committee to Protect Journalists said today.
Unidentified assailants ransacked the house of José Manuel Gimbi, a correspondent of the U.S. government-funded broadcaster Voice of America and a human rights lawyer, at around 4 p.m., when no one was at home, the station reported. The assailants stole items related to the journalist’s work, including two computers, an external hard drive, a voice recorder, two USB sticks, and a bag containing important documents related to his work, Arão Tempo, a lawyer and Gimbi’s mentor, told CPJ. VOA reported that the assailants also stole some personal items, including books and jewelry belonging to Gimbi’s wife.
Although the motive for the attack was unclear, local journalists told CPJ they believed the assailants were targeting items used by Gimbi for his professional work. VOA reported that Gimbi had not reported any threats recently. The journalist filed a complaint with Cabinda’s police Criminal Investigation office, but officers had not yet visited the house, Tempo told CPJ.
Gimbi is one of only two independent journalists in Cabinda, a volatile region where the government is locked in a conflict with a low-level separatist insurgency. He had recently interviewed members of opposition party UNITA about their objection to proposed government amendments to the electoral law ahead of parliamentary elections scheduled in August. Last week, he reported from Abuja on a forum of experts and civil society members, where participants raised issues that included wealth disparity in oil-rich countries like Angola.
Gimbi has been targeted for his independent reporting and human rights advocacy in the past, according to CPJ research. In August 2011, gunmen raided his home and threatened unspecified harm against him, CPJ research shows.
“We condemn the attack of the home of José Manuel Gimbi, who is the ongoing target of threats and persecution for his independent reporting in Cabinda,” said CPJ Africa Advocacy Coordinator Mohamed Keita. “We hold authorities in Cabinda responsible for Gimbi’s well-being and call on them to explore all leads in the case, including a political motive linked to the sensitive nature of the journalist’s work.”
Romão Macário Lembe, the vice-governor of Cabinda, told CPJ today that he was not aware of the burglary. “I have not heard anything, either on radio or in the independent newspapers. There are things that people say on the airwaves of VOA that are not true. My first reaction is to cast doubt on your information. But I am not saying that it is false, either. I am going to try to find out.” He also suggested the robbery could have been a random act. “Here, robberies are numerous. The robbers come from neighboring countries and go back there. We lead investigations, but we never find them.”
This 70-page report finds that deep-rooted shortcomings in the design and implementation of key policies have effectively left mine operators to supervise themselves. This has fueled pervasive lawlessness in India’s scandal-ridden mining industry and threatens serious harm to mining-affected communities. Human Rights Watch documented allegations that irresponsible mining operations have damaged the health, water, environment, and livelihoods of these communities.
Read the Press Release
I. Background: “Illegal Mining” in India
II. Goa Case Study: Regulatory Collapse and its Consequences
III. Regulatory Collapse in India’s Mining Sector
IV. Karnataka Case Study: Criminality and Mining
V. Mining and Human Rights: Government’s Duty to Regulate
VI. A Nationwide Problem
VII. Reining in the Abuse: Practical Steps Forward for India’s Government
Acknowledgments
Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable.
We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all.
. . .
—
Karibu Jukwaa la www.mwanabidii.com
Pata nafasi mpya za Kazi www.kazibongo.blogspot.com
Blogu ya Habari na Picha www.patahabari.blogspot.com
The Malawi government showed strong support for victims of international crimes by deciding not to be the host of the African Union (AU) summit if President Omar al-Bashir of Sudan is allowed to attend, African civil society organizations and international organizations with a presence in Africa said today.
The AU has insisted that al-Bashir, who is wanted by the International Criminal Court (ICC) for genocide, war crimes, and crimes against humanity committed in Darfur, be permitted to attend the summit, scheduled for July 9 to 16, 2012.
“Malawian President Joyce Banda took a strong stance in support of justice despite tough pressure from the African Union,” said Undule Mwakasungula, director ofthe Malawi Centre for Human Rights and Rehabilitation. “Malawi has done right by Darfur victims today.”
When Banda became president in April, she indicated that Malawi would continue to host the AU summit as planned. But she also made clear that al-Bashir would not be welcome at the summit given his pending ICC arrest warrant.
Malawi is a state party to the Rome Statute, which created the ICC.The Rome Statute requires member states to cooperate with the court, which includes executing arrest warrants. The ICC has no police force and thus depends on member states to enforce its orders.
According to news reports, the AU wrote the Malawi government in June that it would move the July summit if al-Bashir were not welcomed. The AU previously has issued decisions that its members should not cooperate in the arrest of al-Bashir, but these do not negate the obligations of ICC member states to arrest, the organizations said. Malawi’s previous president, the late Bingu wa Mutharika, allowed al-Bashir to visit in October 2011.
“Malawi joins an increasing number of countries that have declined to welcome al-Bashir,” said Alan Wallis, international justice lawyer at the Southern Africa Litigation Centre. “More states should follow Malawi’s example.”
Some countries have allowed al-Bashir on their territory, such as Kenya, Chad, and Djibouti. Following outcries from African civil society groups, other states have cancelled visits, including Zambia, Central African Republic, Uganda, and Kenya for a return visit. In addition, countries such as South Africa and Botswana have made clear that al-Bashir is not welcome on their soil.
“Civil society groups across the African continent have repeatedly urged governments to arrest – not host – al-Bashir,” said Elise Keppler, senior international justice counsel at Human Rights Watch. “African activists have called for their governments to stand with victims, not with suspected war criminals.”
The organizations quoted in this news release are part of an informal network of African civil society organizations and international organizations with a presence in Africa who work on the ICC and Africa. Additional organizations that are involved in this informal network that expressed support for this release are the West African Bar Association in Nigeria, the Ugandan Coalition for the International Criminal Court, the International Commission of Jurists-Kenya, the Coalition for Justice and Accountability in Sierra Leone, the Center for Accountability and Rule of Law-Sierra Leone, the International Crime in Africa Programme of the Institute for Security Studies in South Africa, Amnesty International, the global Coalition for the International Criminal Court, and the International Center for Transitional Justice.
Malawi civil society organizations have indicated they will also issue a statement on Malawi’s decision not to be the host for the summit. A link to their statement will be added to the webpage version of this release once it is available.
Ohioans work hard, and I believe their hard work deserves fair pay, regardless of gender. But today in Ohio, women earn just 85 cents to every dollar a man makes. According to the Joint Economic Committee, that earnings gap means over the course of their working lives, women lose more than $400,000.
That’s unconscionable.
Nearly fifty years ago, Congress passed and President John F. Kennedy signed the Equal Pay Act into law, making it illegal for employers to pay men and women different wages for the same work. But since then, women have made only minor gains against the salaries earned by men for performing the same work.
I believe that equal pay for an equal day’s work should be an American right. Without congressional action, women will not achieve pay parity with men until 2056. And so, if the pay gap continues, women will never be able to catch up. A lower salary starting at hire doesn’t just mean a smaller paycheck—it means a smaller pension, a diminished 401K, and smaller Social Security check benefits. The discrimination that begins at hire continues for life. There’s nothing fair about that.
That’s why I won’t give up fighting for the Paycheck Fairness Act, which would shore up the Equal Pay Act and create stronger incentives for employers to follow the law while helping women fight pay discrimination when it does occur.
As a father of daughters and as a husband, I know that this pay gap devalues women’s work. And it discourages economic growth—because women make up more than 46 percent of today’s workforce. The pay gap doesn’t affect just women, it also affects their families. Addressing the gender pay gap is a crucial step toward getting our economy back on track.
With 33 percent of married mothers in Ohio serving as their families’ primary wage earner, and more than 6.3 million working single mothers heading families across the United States, it is urgent that women earn the pay they deserve. Our economy works better when women can negotiate fairly and when women are paid what they’re worth.
Unfortunately, 46 Senators—all in the minority—voted against bringing Paycheck Fairness Act to the floor for a vote.
Ohio women are hard working. Many get up early, stand on their feet all day, then head home and take care of their children—and they don’t ask for a handout. They don’t ask for a bailout. But they do ask for equal pay.
They ask that we act now, that we continue the fight for the Paycheck Fairness Act—for women everywhere, and for our mothers, our daughters and our families. It’s these women that I will think about as we continue to fight together for equality and for the Paycheck Fairness Act.
Sincerely,
Sherrod Brown
U.S. Senator
Washington, D.C.
713 Hart Senate Building
Washington, DC 20510
p (202) 224-2315
f (202) 228-6321
Columbus
200 N High St.
Room 614
Columbus, OH 43215
p (614) 469-2083
f (614) 469-2171
Toll Free
1-888-896-OHIO (6446)
Ordinary poor people must fight for Doctrine of Fairness on public mandate for fair constitutionality for public interest in observing and making the law to work and function properly for the sake of survival and livelihood away from skewed corrupt leadership gimmicks. Like the people did at Referendum, they can do it again using People’s Power to make things work for good. Leaders who have corrupted themselves cannot deliver effectively to Public Mandate, and this is the reason why Kenyans must united to form a common independent movement for GAINING REALISTIC REFORM CHANGE on a New Platform led by fresh leaders of People’s choice. There must be a fresh start, so legal justice can take its rightful cause of action without intimidation or fear.
People have a right to form a united front movement for a People’s Party, that stands for Public Interest Unity for Fairness against oppressive, suppression, intimidation, marginalization and being pushed to the corner under fear. This will provide for Citizen/Public involvement in the process of how they want to be governed, and to define how they want to be governed charting Way-Forward for the Bills of Rights putting forth Public Interests and demands requirements. Voters must not let Self Greed and Special Interest overshadow their Progressive Agenda for an improved sustained and secured destiny. It is today that we make plans how in a united front, our future should be without poverty, pain or sufferings. United we are strong, divided we perish.
Public Unity is Strength:
United we are able to make public policy issues work well without Public Interest being violated, or Self Ego/Greed or Special Interest invading, hijacking and owning Public Wealth and Resources under the control of Special Interest. The Greedy and Special Interest are with intent to harm Public Interest, place a heavy burden and consequently impose unfair doctrine of insecurity to Human Rights, putting at risk issues of importance for livelihood and survival, is not acceptable.
Confederation Council Foundation for Africa:
Our organization exists to provide education to public to be in partnership with the government on a fair playing field. To address matters of constitutional rights of citizens, particularly in the context of the poverty, draught, environmental, education, health, security, crime, violation and abuse which are based on Common Law guarantee to develop, secure, preserve and defend livelihood and dignity for survival, where life suffer from motivated failure legitimately and constitutionally provide service to, or because of selfishness, Ego or Greed, malice or recklessness from irresponsibility in leadership fail to do is no excuse. The justice of this rule is obvious, it can be followed and observed, with or without the Constitutional Bills of Rights. It is a moral obligation for humanity (Common Law) that any ordinary person is capable of holding base to sue such corrupt leaders with conflicts of interests, through the Supreme Court within those facts of Common Laws.
These are matters on which the public has fundamental basic legitimate interest on which it is legitimately proper and desirable that all should be able to freely engage public interest without restrictions. They are the Public Mandate Privileges as Statement of Facts.
People MUST not shy away from subjective expression of opinion in the form of remark, information, or criticism, or observation which is generally capable of proof or as public knowledge. These are how people stay focus on matters of progressiveness and growth, challenging transparency and accountability on such behaviors or characters that are deemed illegal or unconstitutional; for purposes of checks and balances and for being fair.
Political alliances in Kenya need to embrace issue-based matters of Public Interest including those action-oriented policies as opposed to empty rhetoric that has characterized our politics for decades. Asking for more time and doing nothing is unacceptable and People must not allow this game of fooling public lacking objectivity and taking people for granted with cheap handouts that amount to nothing but will continue to drive people into more poverty, pain and sufferings.
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
– – – – – – – – – – –
CIOC Worried Over Pending Bills
Published on Jun 6, 2012 by kenyacitizentv
Members of the 10th Parliament could have their 5-year term prematurely cut short, if any Kenyan successfully petitions the Chief Justice to ask the President to dissolve it, for failing to enact two constitutional bills within the specified timelines. The Constitution Implementation Oversight Committee has expressed concern at the slow pace of enacting the necessary pieces of legislation meant to anchor the constitution. CIOC chairman Abdikadir Mohamed has called for an informal meeting of all MPs on Tuesday next week, to lobby them to pass two pending bills, which require the support of at least 148 lawmakers. And as Francis Gachuri reports, the blame game is on between the executive and backbenchers over the looming constitutional impasse.
cioc county commissioners
Published on May 30, 2012 by NTVKenya
No description available.
NHIF Report
Published on Jun 5, 2012 by kenyacitizentv
The chief executive of Clinix, Toddy Madahana could face prosecution if it is established that he misrepresented himself before the parliamentary committee on health. This is among a raft of recommendations made by the committee which has been probing the National Hospital Insurance Fund, NHIF, medical insurance scheme for civil servants, whose report was finally tabled in parliament today. The house health committee also wants the Ethics and Anti Corruption Commission to investigate the role of the Medical Services Minister Prof. Anyang Nyongo, Public Service Minister Dalmas Otieno and a host of other senior ministry and NHIF officials in the saga. Abdi Osman has more on the report.
Integrity of budget process questioned
Published on Jun 7, 2012 by NTVKenya
http://www.ntv.co.ke
An application by the Mombasa Republican Council seeking a referendum for secession has now been referred to Chief Justice Dr Willy Mutunga.Mombasa resident judge John Mwera directed the case file to be placed before the CJ to decide how to proceed with it.And as NTV’s Jane Ngoiri reports, the MRC maintains that any future election in the region will be illegitimate.
MRC case referred to CJ
Published on Jun 7, 2012 by NTVKenya
http://www.ntv.co.ke
An application by the Mombasa Republican Council seeking a referendum for secession has now been referred to Chief Justice Dr Willy Mutunga.Mombasa resident judge John Mwera directed the case file to be placed before the CJ to decide how to proceed with it.And as NTV’s Jane Ngoiri reports, the MRC maintains that any future election in the region will be illegitimate.
Jirongo claims that Mudavadi is a ‘State House project’
Published on Jun 7, 2012 by NTVKenya
http://www.ntv.co.ke
Deputy Prime Minister Musalia Mudavadi is coming out fighting the tag that he is someone’s project. Mudavadi insists he will vie for the top seat job come the next elections, dismissing his critics saying in the end, Kenyans will make a choice. This comes even as Lugari MP Cyrus Jirongo claimed that the deputy premier’s candidature was hatched in State House.
PM put on the spot over rising insecurity
Published on May 30, 2012 by NTVKenya
http://www.ntv.co.ke
In parliament, Prime Minister Raila Odinga was put to task over the apparent security lapses in the country. MPs were seemingly not convinced with the Government’s explanation that security had been heightened. Sheila Sendeyo is on that story.
Judiciary Blue Print
Published on May 31, 2012 by kenyacitizentv
Chief Justice Dr. Willy Mutunga has sent out a clear warning that the Judiciary will not be manipulated as he steered the institution towards the path of reform. Speaking when launching the Judiciary’s Blueprint for the next five years on Thursday, Mutunga said a raft of measures have been identified to be implemented over the next five years to transform that institution which until just recently many Kenyans had lost confidence in. And as Hussein Mohamed reports, there was evidence at the launch that the past and current state of the Judiciary as well as the future proposed state, are equally shocking.
NHIF REPORT TO BE PRESENTED TO PARLIAMENT
Tuesday, 05 June 2012 10:43 Diana Madegwa
An audit on how the money you contributed to the NHIF scheme was used will have to be carried out if recommendations by a parliamentary committee are implemented.The health committee also wants the anti corruption watchdog to investigate the ministers for medical services and public service, the director of medical services, the medical services PS, the NHIF board among others.
NHIF Report
Published on May 31, 2012 by kenyacitizentv
The multi-million shillings National Health Insurance Fund medical scheme saga has taken a dramatic turn, with the Chairman of the Health Committee, Dr Robert Monda claiming that his life was in danger. The committee probed the questionable award of multi-million shillings tender to two private healthcare providers, Clinix and meridian, and recommended that Cabinet Ministers Prof Anyang Nyong’o and Dalmas Otieno be investigated by the Ethics and Anti-Corruption Commission(EACC). As Francis Gachuri reports, speaker of the National Assembly Kenneth Marende has Directed Police Commissioner Mathew Iteere to beef up Dr Monda’s security.
Insight into NHIF saga
Published on May 6, 2012 by NTVKenya
http://www.ntv.co.ke
The government Saturday suspended the NHIF board after exchanges between the board members. There is a lot of debate on whether or not NHIF should increase the monthly contribution from 320 to a max of 2000 and then there are allegations of corruption within the fund. Atieno Ndomo, a social policy analyst gives us more insight into this matter.
Parliament Adopts List of EALA Nominees
Published on May 31, 2012 by kenyacitizentv
Political intrigues pitting MPs drawn from the ODM party on the one hand and PNU legislators assisted by some ODM rebel MPs on the other dominated a voting exercise to pick 9 representatives to the East African Legislative Assembly which sits in Arusha. After a lot of lobbying and night meetings between one group led by Deputy Prime Minister Musalia Mudavadi and the other led by Eldoret North Mp William Ruto with a common aim of frustrating the ODM side of the coalition, they made sure that ODM nominees former Nyakach Mp Peter Odoyo and Ronald Ng’eny, seen as close confidantes of Odinga do not sail through. However ODM was comfortable having nominated 3 women out of their 5 slots. And as Chris Thairu reports, the 9 nominees were finally elected and are ready to be sworn in on Monday.
Kerich leaked audio
Published on May 22, 2012 by capitalfmkenya
No description available.
Kenya for sale to these crooks. The height of impunity and arrogance. Someone talked of the corrupt vomiting on the feet of Kenyans…Honestly! This is too much. Is this how policy making is done in? Kenya? We have left health policy making to one greedy, arrogant muhindi in this case. Who is this guy? Why does Kerich sound like a subordinate reporting to his boss? Are these people serious, are you kidding me……
MultiMetameta 1 week ago in playlist Uploaded videos
the truth always comes out…the days? of a thief are numbered.Kenyans should all fight corruption……imagine if this muindi’s proposal went through….no more out patient medicine for a large majority of kenyans….which company does he work for, who are his bosses…they should be deported.
zuri654 1 week ago
and this Muindi idiot is talking about Chile yet he doesn’t say 75% of the population? (who are low income) are covered under the government scheme (like NHIF)…this Muindi should be jailed
chemolingot 1 week ago
This Kerich guy was recording this thing? deliberately…..this Muindi is so stupid
chemolingot 2 weeks ago
Ako wapi atwoli afungue? hio Mdomo sasa!!!
Simon Peter 2 weeks ago in playlist More videos from capitalfmkenya
NHIF Report
Published on May 31, 2012 by kenyacitizentv
The multi-million shillings National Health Insurance Fund medical scheme saga has taken a dramatic turn, with the Chairman of the Health Committee, Dr Robert Monda claiming that his life was in danger. The committee probed the questionable award of multi-million shillings tender to two private healthcare providers, Clinix and meridian, and recommended that Cabinet Ministers Prof Anyang Nyong’o and Dalmas Otieno be investigated by the Ethics and Anti-Corruption Commission(EACC). As Francis Gachuri reports, speaker of the National Assembly Kenneth Marende has Directed Police Commissioner Mathew Iteere to beef up Dr Monda’s security.
FINDINGS ON NHIF
Published on May 28, 2012 by gbskenyatv
Just a few days before the much awaited parliamentary report on the recent financial controversy facing the NHIF the international budget partnership has released a report further showing the public corporations’ inability to manage its finances in transparent and effective manner. The finance inventory carried out between the month of march and may this year, shows that much of financial information is shrouded in secrecy and the available one portrays gross mismanagement in the social health insurance.
More damning report on NHIF
Published on May 22, 2012 by capitalfmkenya
http://www.capitalfm.co.ke/
Where are Mugo and Nyong’o?
Uploaded by NTVKenya on Dec 7, 2011
http://www.ntv.co.ke
It has been three days since doctors abandoned their stethoscopes, thermometers and blood pressure cuffs, but there has been no word from the man and woman who are in charge of health matters in the country. Medical Services Minister, Prof. Anyang’ Nyong’o, and Public Health Minister, Beth Mugo, have been missing in action as patients suffer and agonize over lack of treatment. and so Tonight Ntv’s Rita Tinina asks, where are the ministers?
IEBC defends creation of new units
Published on Jun 4, 2012 by NTVKenya
http://www.ntv.co.ke
The Independent Electoral and Boundaries Commission has defended the creation of new electoral units saying it was done according to the law. The IEBC through its lawyers now wants a suit challenging the creation of new constituencies and wards thrown out. Petitioners in a suit challenging the creation of new constituency and ward boundaries argued that the IEBC did not take into account the delimitation criteria including population quota. Rita Tinina reports from the Milimani courts…..(Stephen Mwenesi…….Legal Teams representing parties to state their cases)
IEBC Demonstrations
Uploaded by kenyacitizentv on Feb 13, 2012
Kenyans from different parts of the country have held demonstrations in recent days to express their dissatisfaction with the delimitation of boundaries by the independent electoral and boundaries commission. Residents of Pokot and Kuria took to the streets protesting the proposed boundaries of new constituencies carved in their counties by the IEBC. However as Sally Mbilu reports while recognizing the right to picket, the IEBC maintains that Kenyans can still forward their petitions to the commission and the parliamentary committee on justice and legal affairs
Kisii, Meru IEBC hearings
Uploaded by NTVKenya on Jan 26, 2012
Five MPs from the greater Gusii land have protested against the manner in which ten proposed new constituencies have been distributed in Nyanza Province. The legislators say Kitutu Masaba constituency deserves to be subdivided alongside North Mugirango/Borabu, Bomachoge and Kitutu Chache to make four new electoral units in Gusii land. Elsewhere in Meru County, People from Igembe North and Igembe South Constituencies opposed the Ligale Commission’s recommendation that they be added one more constituency saying they needed two more.
Heated exchange at IEBC hearings
Uploaded by NTVKenya on Jan 17, 2012
http://www.ntv.co.ke
The issue of creating the 80 new constituencies has not been as smooth as the Independent Electoral and Boundaries Commission would have liked. Tempers flared during an IEBC session in Nandi County, as leaders and voters clashed over the subdivision of Tinderet and Emgwen constituencies, to create two more electoral units. A similar incident was reported in Lagdera constituency, where resident exchanged blows over whether or not to split the constituency. And as NTV’s Brenda Cheruiyot reports, this could be the trend across the country, as the IEBC seeks to deliver 80 new electoral units.
IEBC- Public Hearings
Uploaded by kenyacitizentv on Jan 16, 2012
Kenyans have started giving their views on the controversial preliminary report on boundaries launched over a week ago. Some have backed the report while others have opposed it. Evelyn now gives us the first day of the public debate on the report by interim electoral and boundaries commission.
IEBC Report on Boundaries
Uploaded by kenyacitizentv on Feb 13, 2012
Kenyans from different parts of the country have held demonstrations in recent days to express their dissatisfaction with the delimitation of boundaries by the independent electoral and boundaries commission. Residents of Pokot and Kuria took to the streets protesting the proposed boundaries of new constituencies carved in their counties by the IEBC. However as Sally Mbilu reports while recognizing the right to picket, the IEBC maintains that Kenyans can still forward their petitions to the commission and the parliamentary committee on justice and legal affairs
Mutula and Karua differ with IEBC on election date
Uploaded by NTVKenya on Feb 10, 2012
http://www.ntv.co.ke
Amid the anxiety, the Independent Electoral and Boundaries Commission appears to have muddled the election date question even further. Justice Minister Mutula Kilonzo has now rejected the suggestion by the IEBC to have the two coalition principals determine the crucial date. The Minister says he will instead fast track legislation that seeks to change the date to December. Ntv’s Irene Choge has more.
Boundary review – Dujis and Lagdera to be split?
Uploaded by K24TV on Apr 30, 2010
The three mile coastal strip boundary dividing the north eastern and Coastal Provinces dominated the submission to the Interim Independent Boundary Review Commission with area residents terming it retrogessive and should be abolished forthwith.
At the same time the residents are saying that the greater Garissa District should receive a minimum of two more constituencies. They want Dujis and Lagdera split.
Kibaki on NHIF
Published on May 19, 2012 by kenyacitizentv
President Mwai Kibaki has ordered for speedy investigations into the NHIF scandal. The President also wants anyone found to have misused taxpayer’s money dealt with firmly. Kibaki who was speaking in Isiolo during the official opening of the Isiolo Mater Care Hospital said Kenya cannot compromise with its people’s health due to the greed of individuals. Andrew Ochieng’ reports.
NHIF Twists And Turns
Published on May 25, 2012 by K24TV
KMA calls for suspension government officials in the NHIF caretaker board
The Kenya medical association ( KMA) is now demanding that government officials in the NHIF caretaker board, who were members of the previous board, including the permanent secretary be suspended.KMA says that presence of the former members cannot allow for free and fair investigations into the rot at the NHIF.They say efforts to communicate this to the government has failed and they may now seek legal redress over the issue.
NHIF SCAM -HOW 900M WAS PAID OUT TO A JERSEY ACCOUNT.flv
Published on May 24, 2012 by kisstvnews1
The NHIF scandal deepened after it emerged that at least 900 million shillings that was to be released to service health care providers was diverted to a ghost account in the U.S. News at eight has also learnt that the account is held in the state of New Jersey.
Now Nyong’o Reinstates NHIF Board
Published on May 6, 2012 by kenyacitizentv
Medical Services Minister Professor Anyang Nyong’o has reinstated the National Hospital Insurance Fund (NHIF) board barely a day after the acting Head of Civil Service Francis Kimemia suspended it. Nyong’o says Kimemia has no powers to suspend the board of NHIF which falls squarely under his docket, and worse still did so without even consulting him. While retaining the status quo, Nyong’o also accused operatives within the office of the president of manufacturing scandals in ministries with ODM ministers, intended to taint the prime minister’s image. Andrew Ochieng reports on this new twist to the NHIF saga.
NHIF Scandal
Published on May 8, 2012 by K24TV
No description available.
KMA, Kerich And COTU On NHIF Scheme
Published on Apr 28, 2012 by kenyacitizentv
A CONTROVERSIAL COVER: Medics say new NHIF scheme was a scandal in waiting. NHIF boss defends new scheme as above board.
Truthmeter 10/02/2012
Uploaded by kenyacitizentv on Feb 11, 2012
TRUTHMETER: Sifting through the truths, half – truths and lies.
