Folks,
First I must ask if Kibaki, PM Raila, Mutula, with those like mind are ready for People power revolutionizing leadership of Kenya and those of Africa this generation?…..This is because it is possible…..and people are sick and tired of the kind of their undoing things in the political arena. That they have messed up Africa’s economy by fueling Al-Shabaab of Libya Gadafi and interest of China, giving China our valueables for a penny, and taking our lands away for Africa to be enslaved and be treated like animals. We are sick and tired from their unbecoming behaviours, their continued lies and sneakiness, without connecting to the people and creating insecurity. The youth and women must wake up to save their future against such unthinkable backward leaders.
Kenya’s and Africa’s future does not rely or depend on these their strategies. These Mafia connects are a prescription for doom and trouble for Kenyans and Africa.
This is the reason they invited the President of Sudan and treated him to Kingship banquet at the State-House. The person indicted and convicted by ICC Hague for committing violation and crime against humanity, the Geneva and Rome statute that we ratified to honor. They lie everywhere they go that they hosted Sudan president because of good neighbourliness……all these are a bunch of lies they must be ashamed of. They are supporting Africa Union because of their corruption and impunity they want to continue to perform on the people of Kenya and Africa to graze and profit Muammer Gadafi and China’s interest.
The illegal editing of The Constitution is a case of Criminal Offence and impunity fighting back….and so the New Constitution is in danger of being hijacked with subversion before it began teething. Kenyans and the People of the World must be wary and be fully engaged in the present argument of Provincial Administration saga with the president Kibaki appointments of 33 DCs which he Kibaki and PM Raila are trying to force on Kenyans people throats. They are creating serious cracks meant to infuse Satanic verses into the New Constitution and as well to deny the “People-Driven Constitution” to take root. There are growing perception that the Executive could be running away with the implementation of the New Constitution without involving the people and their Representatives, so they can have their corruption and impunity undeterred. This want to continue with business as usual and maintain their Status Quo. This behavior must meet with pressure from the Public at large and the World, for it to be scrapped off.
It is believed that human beings enjoy and are at peace when surrounded by an environment which provides certain natural rights and freedom that which is engraved within their Community Culture and Traditions. Slowly as life and development changes, they adjust to those conditions which do not come so sudden. The Government therefore, is entrusted to provide security and safeguard those rights. The New Constitution confirmed and solidified those Peoples rights which must not be blocked by nobody. Among those rights are security for life, Liberty and protection and preservation of public property, in order to legitimize Constitutional laws and foster factors of common good we all share under the People-Driven Constitution which we all became a part of its success story.
There are growing anxiety with anticipated risks that Kibaki, Saitoti and PM Raila with Moi and Kalonzo Musyoka behind the scene, could be having sinister motives to block transparency and keep away active involvement of the people, (of whom the New Constitution is all about) and their Political Representatives from engaging into the success Constitutional Implementation. This confirms fears that Libya’s President Muammar Gadaffi and China are fully in charge of Kenya, since there are active rumors that President Gadafi and China had bought Luo Nyanza and the Coastal Regions, the reason for the Provincial Administration, as well as the reason for the 33 DCs clerical appointees by President Kibaki to be their watchdogs merged with instruments Al-Shabaab (Gadafi’s terrorists) in the local village regions, the reason why Saitoti jumped the gun to sneak the Provincial Administration factor, so he can use these elements on factors of Impunity during 2012 election, the reason why Ruto and Kalonzo Musyoka are championing for Agriculture takeoff in the Coast and the Reason why Mutula Kilonzo is up in arms sending Bwana Ocampo to pack-off and leave Kenya alone……I tell you, this one, they have dialed a wrong number. It is an open truth that they had sold Kenya to China and to Gadafi and installed Muammar Gadafi as the President of Africa. They should look for their Kenya/Africa to sell to China and or Gadafi, not the Kenya I know or the Africa that I know. They are already punctured, na wamekula huu na hasara juu. It is time for pay back people ! …Wacha walipe mali ya uma mali ya wanainchi…..Let them begin to pay back what they stole and sold in darkness. Kenya and Africa is for Kenyans and for Africans. No one is going to suffer under the rulership of Islamic Fundamentalists in the name of Al-Qaeda or Al-Shabaab the way they destroyed Somalia. They know when all goes banana, they will take planes and disappear and leave Kenyans and Africans suffering after they created a mess for Kenyans and Africans. Tell them people, tell them. Do not spare anyone. Shape the Constitution the way it fits with your way of life and how it will provide gains to all of you. We are here, Africans are watching, friends are watching, the whole world is watching and big brother is watching very keenly too.
At the end of the day, elect characters that are able to deliver. Let everybody begin to take shape by way of their actions and deeds. Those who do not support public interest, security and needs, when voting comes, ditch them. No foreign influence should dictate how you should live your life and sell your valuables. Know they have an upper interest to defraud and intimidate Africans to bulkinize their riches for their people. A leader who does not protect and take considerable measure to provide for his people is not worth being a leader.
Ocampo should be left to do his Job which he started and in a weeks time, get those 20 genocide suspects to Hague. We want Liberty for Kenya and Africa and Liberty MUST prevail.
Connect the stories here under and you will learn the bitter truth where these co-joined Executives are trying to sneak their dirty Satanic verses and bad behaviors to confirm Kenya is already a sell-out. Do not give them those opportunity people !…..
I therefore request Leaders of the World to step in and help poor Kenyans to haul genocide suspects to Hague and clear Kenya from security risks of Al-Qaeda and Al-Shabaab. Somalia should be stabilized so that Somali Citizens can be returned home where there is safety as soon as possible. Al-Shabaab and terrorists must be cleared when the world is in search of Peace, Unity and Love. Without peace there will be no business, harmony or tranquility. Nature will therefore be completely destroyed.
We look forward to everyone getting involved including world community and leadership to save a situation in Kenya and in Africa.
God Bless us all as we begin to get fully engaged to save the world.
Yours Truely,
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
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Mutula to Ocampo: Quit Kenyan probe
By LUCAS BARASA lbarassa@ke.nationmedia.com
Posted Saturday, September 18 2010 at 22:00
In Summary
· The justice minister argues that the new constitutional order will ensure strong structures to punish violence culprits
A Cabinet Minister has launched a controversial campaign to stop the International Criminal Court from investigating and prosecuting post-election violence suspects.
Lawyer Mutula Kilonzo, who holds the Justice portfolio, claims that trial sought by the ICC chief prosecutor Moreno-Ocampo after he completes investigations in the next few weeks will be unnecessary when Kenya establishes a new judiciary, appoints an inspector-general of police, and installs a new director of public prosecution under the new Constitution.
The minister, whose docket is crucial to obtaining justice for the victims of the violence that broke out after the 2007 General Election, argued: “When these (appointments) are in place, we can say that Kenyan judges meet the best international standards. After that, I can even tell them not to admit the ICC case. Why on earth should a Kenyan go to The Hague?”
But the Minister’s proposal, raised in an interview with the Sunday Nation, drew immediate opposition from the Law Society of Kenya and Government Chief Whip Jakoyo Midiwo.
Law Society chairman Kenneth Akide also disagreed with Mr Kilonzo, saying the new Constitution requires that Kenya respect agreements it had signed, including the Rome Statute that created the ICC.
“The ICC has not been replaced because of the new Constitution,” Mr Akide told the Sunday Nation by phone from China.
He said the judiciary and police were yet to be transformed to effectively deal with post-election violence suspects. He added that, contrary to Mr Kilonzo’s assertion, the judiciary “has always existed, but the country sought ICC intervention because of lack of political will to prosecute the suspects.”
In an exclusive interview, Mr Kilonzo said the administrators of the Hague-based court should know that Kenya now has a “new prosecutorial system and a new police under a new Constitution.
“I’m totally convinced. One million per cent convinced. The case before the ICC has not yet been admitted. It can only be admitted after (ICC chief prosecutor Luis Moreno) Ocampo finishes his investigation.
“I advocate a local tribunal partly because I’m a Kenyan, and I cannot entertain the idea of a foreign court having to investigate a fellow citizen on offences committed against fellow citizens,” Mr Kilonzo said.
“Under Articles 2, 4, and 5 of the new Constitution, we can now tell the world: If we appoint a new director of public prosecution, a new broom will sweep clean,” he said.
He said the Bill on vetting sitting judges and recruiting new ones, which would also look at “their temperament, their history and everything else”, was in place.
Mr Kilonzo, who has been at the forefront of pushing for the prosecution of post-election violence suspects, said the panel conducting the vetting of judges could have access to advice from intelligence services, the police, the office of the Attorney-General, and the Advocates Complaints Commission.
An ICC delegation is expected in the country next week. Mr Kilonzo’s comments come at a time when a more robust ICC process is at play as Mr Moreno-Ocampo appears keen to complete his investigations of key post-election violence suspects by the end of the year.
He is expected in the country in the next few weeks to bolster the ICC investigations. The ICC process was for some time overshadowed by the August 4 referendum, but it is now in high gear after the signing two weeks ago of an agreement to allow the court to set up an office in Kenya.
A section of the Cabinet is unenthusiastic about the ICC, while other ministers are pushing for charges against perpetrators of the violence that left 1,133 people dead.
The ICC’s actions could dramatically affect the country’s political scene as some of those mentioned in connection with the violence harbour plans to run in the 2012 General Election.
Mr Kilonzo said potential witnesses have been given protection in several places, but any trials could be carried out locally.
“My challenge to Kenya is this: You gave yourselves a beautiful gift on August 27. Give yourselves another one by telling the world through the institutions that we created to keep off,” Mr Kilonzo said.
The minister said he was personally unhappy with the way the country had dealt with the thousands of Internally Displaced Persons and that he would have liked a special division of the High Court to deal with the matter.
Sudanese President held talks with Kibaki
By PETER LEFTIE pmutibo@ke.nationmedia.com
Posted Sunday, August 29 2010 at 22:30
In Summary
Sudan leader’s movements
· Between 7.30 and 8.30am: Arrives in Nairobi and is received by Tourism Minister Najib Balala.
· 9.16am: A relaxed President al-Bashir arrives at Uhuru Park amid tight security to the surprise of the dignitaries and the huge crowd.
· US Ambassador Michael Ranneberger moves from his seat to engage his Sudan counterpart Majok Guandong.
· President al-Bashir takes a front row seat among other heads of state as the ceremony begins
· 1pm: Proceeds to State House before excusing himself from the state luncheon as he is fasting. He is driven to the airport and flies back to Khartoum
Sudanese President Omar al-Bashir held talks with President Kibaki and other visiting heads of state after the promulgation of the new Constitution on Friday. But he declined to join the rest of the guests for a luncheon at State House and instead, headed straight to the airport.
Cabinet ministers said Mr Bashir, a Muslim, excused himself saying he was fasting. Muslims worldwide are observing one month of fasting, Ramadhan.
“They held a round-table sort of meeting, all of them were there, including Museveni, Kagame, Karume and the others,” said one minister.
“He announced he could not join us for lunch because he was fasting,” said a source who declined to be named because of the visit’s controversy.
The details emerged as the government tried to defend its decision to invite the Sudanese leader, who has a warrant of arrest for alleged war crimes and crimes against humanity, and on charges of genocide in Sudan’s western province of Darfur.
Kenya, a signatory to the treaty which set up the ICC, is obliged to arrest Mr Bashir. Foreign Affairs assistant minister Richard Onyonka said Kenya invited Mr Bashir and Southern Sudanese President Salva Kiir in the spirit of the Comprehensive Peace Agreement which will culminate in a referendum in that country in January.
The sources said chief mediator Kofi Annan, who has condemned Kenya for hosting Mr Bashir, was not at State House during the heads of state meeting and only joined other dignitaries at the luncheon after the Sudanese leader had left.
The Nation learnt that President Bashir arrived and left through Jomo Kenyatta International Airport on Friday morning and signed the visitors’ book for world leaders who come into the country.
On Sunday, a leading political consultant warned that Kenya could suffer dire consequences for the visit. “The consequences are dire because we risk being branded a rogue democracy condoning injustices in Darfur. It will cost us a lot to rebrand Kenya,” said Prof Peter Kagwanja, who heads the Africa Policy Institute.
“My appeal to the international community is to understand Kenya’s predicament of trying to promote regional peace and stability and our commitment to the Rome Statute.
“The coming of Bashir was part of the engagement by the government to promote regional peace and stability, which is part of our mandate as a regional power, but his invitation brought a collision of two issues, Kenya’s obligation to bring peace in the region and its obligations to the Rome Statute,” he said.
Already, the International Criminal Court has reported Kenya to the UN Security Council. The Security Council is yet to respond to a previous ICC notification that Sudan itself was not cooperating with the court. It is not clear it will do so now and reprimand Kenya.
A source familiar with ICC investigations into the 2008 post-election violence said a senior officer, Mr Emergi Rogogier was in Kenya last week to gauge the government’s commitment to arresting the violence masterminds. It is unlikely he will return a positive verdict after Mr Bashir’s visit.
Libyan leader Muammar Gaddafi is world famous for his fiery world view, expressed in bombastic speeches and garnished with contempt for convention.
An all-female bodyguard, pitching Bedouin tents in five-star hotels and throwing tantrums is the image you have of the Libyan showstopper.
New law recognises Provincial Administration, says Mutula
By Mugumo Munene
Posted Saturday, September 18 2010 at 22:00
In Summary
· Since independence, it has never enjoyed legal recognition, Justice Minister Mutula Kilonzo tells writer Mugumo Munene.
You published three Bills last week. What are the priority areas in implementing the new Constitution?
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We have published the Bills on the Commission for the Implementation of the Constitution, on the vetting of judges and magistrates and the Judicial Service Bill. For us, these are extremely urgent.
I’m a little disappointed that Parliament adjourned before looking at the Bills that Cabinet had approved. It means that Parliament will have to appoint the committee, and I will take them through the Bills, eating into the time within which we should accomplish this.
The Judicial Service Commission should be established by October 27 and the Commission for the Implementation of the new Constitution (CIC) before November 27.
The vetting of judges and magistrates is even more important because you cannot appoint them to the Judicial Service Commission unless they have been vetted. It is also urgent to establish the Supreme Court. I would like it very strongly established prior to the 2012 elections.
The other important one is the Revenue Allocation Commission. Although the Treasury should be the one to originate the Bill, we have already discussed it, and I’m hoping that it will soon be presented to Cabinet because it should be in place by November 27.
There is a chicken and egg situation. What comes first, the vetting of judges and magistrates or the establishment of the Judicial Service Commission?
The Bills that we have presented are neutral about who the Chief Justice is. The institutions have taken centre stage. Vetting is first, followed by the Judicial Service Commission and then shortly after, the establishment of the Supreme Court.
In establishing a Supreme Court, you automatically establish a new Chief Justice. All of this could even happen while Mr Justice Evan Gicheru is in office.
What about the Interim Independent Boundaries Review Commission? There has been disagreement about what they can or cannot do before they wind up.
It is clear to me that the IIEBRC should be established very urgently. I don’t want commissioners (at IIEC) feeling anxious. We need certainty in their minds so that they can get involved in planning the new electoral law.
The other one, which is extremely crucial, is the County government law. Although we have been given until 2012, the anxiety touching on politicians is amazing, and therefore I consider the structure of county law critical.
Yet unlike all the other statutes, we must consult all 47 counties so that we have a uniform understanding. There are people who think that they will be governors or senators of independent states or in a federal system.
I would like to tell them that Kenya is still a unitary state with one chief executive called president. All we have done is to devolve power to the grassroots.
Why should the Ligale team just wind up and do nothing more?
It arises out of my firm understanding that the interim body has less than 60 days to finish its term. The new body has a clear mandate. You cannot put old wine into new bottles or vice-versa without causing friction.
I have requested the Prime Minister for a meeting so that all of us speak from the same page. On November 27, Hon Ligale and his team must retire.
What would happen if the Ligale team decided to change boundaries before November 27?
Under the old constitution, their mandate was limited to presenting their recommendations through this ministry to Parliament that had the ultimate power to decide.
When the Parliamentary Select Committee invited them to Naivasha, they snubbed that committee and said they were independent.
Little did they know that the PSC could influence the Committee of Experts. The new body, under the new Constitution, will not need to report to Parliament. It only gazettes, but they cannot interfere with the number of constituencies; they can only alter the boundaries.
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Will the position of councillor be abolished in the implementation?
The Constitution does envisage wards that will always be represented by councillors. The other position created is that of a County representative to attend the County Assembly. There is no contradiction.
Anybody doubting that councillors will continue has not understood the Constitution. The functions of the IIEBRC go down to the ward. I have told councillors to relax. No one else can represent a ward.
The county representative, with due respect to councillors, will be a different genre of politician, just one slot below the Senator. The MP is one slot above the Senator although there are politicians who think otherwise.
And what is the fate of the Provincial Administration?
The Provincial Administration is a very important institution. Since independence, it has never enjoyed legal recognition. The Constitution has given it that recognition by requiring that it be restructured to bring it in line with a devolved government.
We have created an executive president, and he must have a way of not only implementing the manifesto he sells to Kenyans, but also a method of communicating with the administration because he is the chief executive.
How far have police reforms gone?
For me, the police reforms are critical and very urgent. Fortunately, Prof Saitoti has told me that his Bills are ready.
The police are vital. Arising from that, the creation of the office of Director of Public Prosecution is important.
The time for Kenya to begin sending the signals that the country is now capable of handling post-election violence is now.
Raila moves to avert split in Luo council
Published on 17/09/2010
By ANDERSON OJWANG and KEPHER OTIENO
Prime Minister Raila Odinga has moved to forestall a major split between the Central and Southern Nyanza over the leadership wrangles for the post of Ker — chairman of Luo Council of Elders.
At a charged meeting on Friday, elders and MPs took different positions with Bondo MP Oburu Odinga and his Rangwe counterpart Martin Ogindo calling for unity of the community and amicable solution to the wrangles. “We can never have South and Central Nyanza split. I implore you people to allow us to go out with the elders and MPs who are present so that we can find a lasting solution to this matter,” Raila said.
Raila said there was need to resolve grumbling in the council and that is why they agreed to have an election.
Embattled chairman, Mzee Riaga Ogalo, said he was still the chairman and that propaganda had been manufactured to discredit him.
AU to protest genocide report
Rwandan President Paul Kagame answers reporter’s questions during a news conference. PHOTO/ FILE
By WALTER MENYA menyawalter@yahoo.com
Posted Saturday, September 18 2010 at 22:00
Rwanda has demanded that the document be amended. And the UN has delayed its publication until October 1, ostensibly to allow countries opportunity to comment on its contents.
Was the leak deliberate? If it was then why did Mr Ban rush to Rwanda? For a document with such weighty contents to be leaked, someone had a score to settle with President Paul Kagame and Rwandans.
Former ambassador Prof Dick Kikaya believes the leak may not have been deliberate.
“In the current period of freedom of information, one cannot be too tight with information,” Prof Kikaya pointed out.
Exposed UN
Another former ambassador and Masinde Muliro University don, Prof Frank Matanga, says the leak has exposed the UN and left it with no option but to cause the amendments as demanded by Rwanda.
The recognition of Rwanda’s growing importance in African affairs, Prof Kikaya added, should provide a good starting point to mobilise the AU block to demand tighter structures to forestall any future leaks.
“The burden is on Rwanda’s diplomatic corps to lobby the African caucus to give its position on this matter,” he added.
Rwanda’s growing importance in the continent since the genocide in 1994 can be seen in its peace efforts in the region.
It currently has 3300 peacekeeping force and 86 police serving with a joint UN and African Union force (Unamid) in the troubled western Sudanese region of Darfur. It is led by Rwandan Lt Gen Patrick Nyamyumba.
Another 256 troops serve with the UN Mission in Sudan (Unmis), which is supporting the implementation of a peace deal between north and south.
“Rwanda was the first country to send troops to a very treacherous place to monitor implementation of the Comprehensive Peace Agreement. It therefore pioneered the African-based force,” Prof Kikaya pointed out.
Instead of bashing Rwanda, the UN should be thanking the country for evolving African-based peace keeping in the continent, added Prof Kikaya.
Though other African states have been mentioned in the report, Rwandan troops and their Congolese rebel allies have been singled out on allegations of killing tens of thousands of Hutus, including civilians.
They were supposedly killed when the largely Tutsi Rwandan army invaded DRC in pursuit of those responsible for the 1994 Rwandan genocide.
It reads in part: “The systematic and widespread attacks described in this report… reveal a number of damning elements that, if they were proven before a competent court, could be classified as crimes of genocide.”
Angola who also sent its troops to DRC is also mentioned in the leaked report. When the details of the leaked report emerged, President Kagame threatened to withdraw the troops from Sudan. Immediately, Mr Ban flew to Kigali to urge Rwanda to rethink its position.
On the threat by Rwanda, the UN also moved swiftly to cancel the report’s publication until two weeks from now. And the 65th Session of the UN General Assembly presents Rwanda and the AU opportunity to push through amendments to the report.
Prof Matanga believes that it depends on how Rwanda’s both bilateral and multilateral diplomacy plays out.
“I am sure there are a lot of consultations going on and chances are that the AU will go for nothing short of amendments as demanded by Rwanda,” notes Prof Matanga.
Die with Rwanda
He adds that in the same way AU defended Kenya over the hosting of Sudan President Omar al-Bashir, who has been indicted by the International Criminal Court, the organisation “will die with Rwanda”.
The Central African state was hit with genocide in 1994 in one of the worst post-World War II marked by the extermination of Tutsis and moderate Hutus.
An estimated 800,000 people from the minority Tutsi population and moderate Hutus were slaughtered in massacres carried out by Hutu extremist militias, the Intarahamwe.
Why Kitili family dropped private probe
By KITAVI MUTUA kmutua@ke.nationmedia.com
Posted Saturday, September 18 2010 at 22:00
In Summary
· Nyiva Mwendwa discloses the findings of a private investigation into her husband’s death and why it was stopped
When Kitili Mwendwa died in a road accident in September 1985, the then Attorney-General, Matthew Guy Muli, instituted a judicial inquest to probe the matter amid widespread suspicions of foul play.
The public hearings conducted by a Nairobi court were delayed until after the subsequent by-election occasioned by the MP’s death, reportedly to give the Mwendwa family a chance to participate at the inquest.
However, unbeknown to the country, the family decided to launch a private investigation soon after the burial to find the suspected killers. They felt that the government-driven public inquest was “a mere public relations exercise which would validate a possible cover-up of the truth”.
The first time
His widow, Mrs Nyiva Mwendwa, has for the first time disclosed how she hired a private detective to conduct investigations parallel to the public inquest proceedings.
“I wanted to know the truth about my husband’s sudden death as all the circumstances surrounding the accident suggested foul play. Besides, it was very difficult for us as a family to reconcile with his demise,” she told the Sunday Nation in an exclusive interview.
Mrs Mwendwa recalls how the late AG, a close family friend, read Kitili’s eulogy at the burial and promised that the government would leave no stone unturned in unravelling the mysterious death, but she still felt compelled to seek justice through alternative means.
She says she contacted a retired senior police officer who ran a private investigations firm and gave him the onerous task of finding the identity of those she suspected to have killed her husband.
“Having lost my husband and best friend of over 20 years, it was a very difficult and trying moment for me, and I just had no faith in the public inquest,” she said, adding that the private sleuth was intent on getting to the bottom of the matter.
Curiously, on the first day of the inquiry, Mrs Mwendwa’s brother-in-law, Kyale Mwendwa, who had replaced her husband as MP for Kitui West, was appointed the minister for Water Resources by President Moi.
“We got the news of his appointment as Kyale, who was the first witness, took to the stand. There were mixed feelings with some people seeing it as a consolation to the Mwendwa family while others saw it as an attempt to scuttle the whole exercise,” she says.
Details of how evidence gathered by the private detective sharply contrasted with the findings of the public inquest have remained a close family secret since Kenya’s first African Chief Justice died 25 years ago.
However, Mrs Mwendwa’s search for justice and truth was abruptly cut short when the investigator was suddenly killed in a mysterious car accident before he was done with his assignment.
The detective, the only remaining hope for the Mwendwa family to know the truth, died in circumstances similar to those in the case he was working on.
“I was scared, shocked and felt completely intimidated. The guy’s sudden death was a clear warning to me that my steps were being closely monitored and I had no choice other than to give up,” the former minister recalled. “When the court finalised its own probe, I was not surprised when the inquest concluded that it did not find evidence to suggest foul play in Kitili’s death,” she added.
Mrs Mwendwa says she decided to move on with her life and for the sake of her children forgave whoever was involved in the suspected killing but still hopes one day the truth will come out.
Viewed suspiciously
She traces the troubles her husband had with the government to the detention of leaders of the outlawed opposition party Kenya People’s Party soon after the assassination of minister Tom Mboya.
“Having served under then Vice-President Jaramogi Odinga as his permanent secretary, Kitili was viewed suspiciously by Kenyatta’s inner circle. They had become great friends,” she explained.
After being released from detention in 1970, Mr Odinga telephoned his friend, Mr Mwendwa, and sought an appointment to see the Chief Justice.
“Kitili later learnt that his telephone line had been tapped and their planned meeting been leaked to high places when then Attorney-General Charles Njonjo warned him against hosting Jaramogi for a courtesy call in his office,” she said.
According to Mrs Mwendwa, Kitili narrated to her the episode of his tapped telephone conversation with the former VP and the government’s attempts to frustrate their meeting, and said he would not shy away from meeting his friend Jaramogi.
Fresh from detention, Jaramogi, then a thorn in the flesh of Kenyatta’s regime, went ahead to pay the courtesy call on the CJ against the wishes of the President’s inner circle.
“We even hosted the KPU leader at our Nairobi home and, though Kitili was not called to account for his open defiance, we knew that the die was cast and all manner of schemes would soon be unleashed to punish him,” said Mrs Mwendwa.
She added that despite all the accusations that flew around, President Kenyatta had a soft spot for Kitili, and he respected her close friendship with First Lady Mama Ngina.
“When accepting Kitili’s resignation from government, the late President regretted the turn of events and surprisingly implored him not to allow political passions to strain or break our families’ bonds of affection,” Mrs Mwendwa recalled.
The former Kitui West MP, who became the first female minister in Moi’s administration, remembers with gratitude how Mama Ngina intervened and defended the CJ before Kenyatta when he was accused of attempting to overthrow her husband’s government.
Criminal charges
This helps explain why Mr Mwendwa was allowed to resign in 1971 without criminal charges being preferred against him and why Mrs Mwendwa joined elective politics soon after in 1974 when the political atmosphere was still hostile to the family.
“Mama Ngina stood with us during our most trying moments when other friends avoided us like the plague. We’ve maintained our friendship to date and I have a lot of respect for her,” she said.
Coincidentally, Mrs Mwendwa was with the former First Lady in Zurich, Switzerland, when Kitili died, and Mama Ngina is the one who broke the news to her after being telephoned by her daughter, Christine Kenyatta.
The two families also shared glorious moments such as the 1969 opportunity the young CJ got to swear in President Kenyatta after that year’s General Election. A photo taken during the swearing-in ceremony hangs at his mausoleum.
Brace for new law implementation hurdles, says Moi
BY LEONARD KORIR and KIPCHUMBA KEMEI
Politicians led by former President Daniel Moi called for unity among Kenyans saying constitutional debate was over and what remains only was its implementation.
The former Head of State defended himself on his stand during the referendum campaigns saying he had reasons for his decision.
He was speaking yesterday during the homecoming celebration party for the new 800m world record holder David Rudisha in Kilgoris.
Moi told a mammoth crowd which turned up to welcome the heroic Rudisha that Kenyans would soon prove him right on why he chose to say ‘No’ during the polls.
“I want it known that I never opposed this new law just to get cheap publicity but I had reasons for my action,” said Moi.
difficult times ahead
He said Kenyans should brace themselves for difficult times yet to be brought by the passage of the new constitution .
“This new law has a lot of shortcomings which are not favourable to the ordinary citizens and leaders should not sit back and watch things done the wrong way,” Moi said.
Speaking at Kilgoris DEB playground, Moi said the Government should know that Rift Valley Province voted overwhelmingly against the new law and its people should not be victimised for exercising their democratic right.
The retired president also faulted the Government for legalising local liquor saying it would spoil the entire generation of youth. Vice-President Kalonzo Musyoka avoided politics and instead called on the Government through Ministry of Sports to set up an Appreciation and Welfare Association to rewarding excelling sportsmen and women.
He urged leaders to stop talking ill of Moi but instead respect him for uniting Kenyans during his 24-year rule.
Higher Education Minister, William Ruto, said it was time to implement the new Constitution and urged leaders to stop politicking.
“This is the time to deliver to Kenyans what the new Constitution stipulates and not to discuss how we voted in the last referendum,” said Ruto.
He said he was hopeful the new Constitution would propel the country to a better level. Others in attendance were MPs, Charles Keter (Belgut), Nkoidila ole Lankas (Narok South), Gideon Konchelah (Kilgoris) and several civic leaders from the new Narok County.
Veteran athletes Kipchoge Keino, Sammy Kosgei, Billy Konchelah, Charles Kokoyo, Japheth Kimutai, Stephen ole Marai, Noah Ngeny, Daniel Komen and Wilfred Bungei, among others attended the ceremony.
Ex-soldiers confess role in Kenya poll chaos
By PATRICK MAYOYO pmayoyo@ke.nationmedia.com and BERNARD NAMUNANE bnamunane@ke.nationmedia.com
Posted Sunday, September 5 2010 at 22:20
New evidence on how Kenya’s post-election violence was planned, funded and executed has been revealed.
The International Criminal Court says the fresh information was supplied by former soldiers who trained youths who caused the mayhem in various parts of the country.
The witnesses had not given their testimony to the Waki commission which investigated the violence for fear of their security. But they had spoken out after being assured that the court with its seat in The Hague would protect them.
The revelation by an official conversant with ICC investigations came as it emerged that the court would carry out a publicity campaign to ensure Kenyans fully understood its mission.
The official also revealed that ICC Prosecutor Luis Moreno-Ocampo would visit Kenya early next month and head to areas which were hardest-hit by the 2008 violence in which 1,133 people were killed and over 650,000 ejected from their homes in two months of violence that followed the disputed 2007 presidential election.
Among the areas he will visit are Eldoret, Naivasha and Nairobi. President Kibaki of the Party of National Unity was declared the winner but his challenger, Mr Raila Odinga of the Orange Democratic Party disputed the results saying the election had been stolen.
The violence ended after the two signed a peace accord brokered by former UN secretary-general Kofi Annan in which the two agreed to share power with Mr Kibaki as President and Mr Odinga as Prime Minister.
On Sunday, the official working closely with The Hague on the investigations said more key witnesses who had agreed to co-operate with Mr Moreno-Ocampo included chiefs and their assistants from areas affected by the violence.
“The chiefs and their assistants were used in raising and distributing funds to the militias mostly in Rift Valley,” said the official who did not want to be named because of the sensitivity of the matter.
“The information provided by the new witnesses is crucial in nailing the masterminds of the violence and
giving ICC the crucial evidence it needs to prosecute the culprits,” he said.
The Waki Commission report revealed that guns from Mt Elgon and an employee of the Eldoret bullet factory assisted the gangs who unleashed violence in the North Rift. The report, which laid bare an intricate plan, design and execution of the violence showed that supporters of a political party were planning to raid Ngano factory — the bullet makers — to steal ammunition.
They were also to seek the assistance of military personnel guarding the factory to train the youths on how to use the munitions. “Later on 4 January, (NSIS) identified an employee of the bullet factory in Eldoret as the leader of youth groups involved in the violence there, further claiming that they shared a password to be used to mobilise them for attack,” the Waki report said.
On Sunday, the official said six post-election violence witnesses had been taken abroad under the witness protection programme while six others were in safe houses locally and were just waiting to be taken out of the country.
The Hague has signalled its determination to carry out intensive investigations and conclude them by the end of the year. Last Friday, the government signed an agreement that allows the court to set up an office to coordinate its activities with its staff enjoying the privileges and immunity enjoyed by diplomats.
The deal also included victim and witness protection and logistical support for ICC operations. The court’s registrar, Ms Silvana Arbia, said she trusted that the government would fully respect its obligations under the Rome Statute and facilitate the work of the court.
The Hague has the backing of the international community which wants to ensure that prominent politicians and business people who planned, financed and helped to execute the post-election violence are arrested and brought to justice.
Mr Moreno-Ocampo was in the country in May for a preliminary visit with post-election violence victims from different parts of the country, suspected perpetrators, witnesses and government officials.
Reports of threats against potential witnesses have been on the increase with the Kenya National Commission on Human Rights warning that the ICC may not succeed in its mission unless the witnesses were given protection.
Last week, Ms Arbia said the ICC had received close to 400 applications from people who are willing to give evidence on the violence.
Mr Moreno-Ocampo has given clear indication that he will pursue two sets of crimes and in each prosecute two to three suspects: those that were committed by sponsored militias and other gangs; and those committed by state agencies.
300 new spies will soon be in your midst
Published on 07/09/2010
By CYRUS OMBATI
The national spy agency now has more eyes and ears on the ground after boosting its intelligence gathering capacity in time for the introduction of county governments.
More than 300 new spies have joined the National Security Intelligence Service (NSIS) and are undergoing training at the National Intelligence Academy.
It is believed NSIS is being strengthened to cope with expanded roles under the new Constitution.
The recruitment of the undercover agents was done a few months ago to help the spy agency in achieving its mandate.
NSIS’s former headquarters in Nairobi. The spy agency is a vital component of the security system. [PHOTO: FILE/STANDARD]
With the promulgation of the new laws, the agency’s name changes to National Intelligence Service (NIS) and it is tasked with security intelligence gathering and counter intelligence roles.
“There is nothing sinister because they will be there to serve Kenyans,” said an official at the Office of the President who asked for anonymity. ……(How come, we already begin to smell a dead rat)
The advertisement for vacancies in the agency was published in the print media in May 2010.
Insiders said the recruitment was done in anticipation of the new Constitutional dispensation in the country. NSIS officers are some of the best-paid government personnel.
Office of the President, under which NSIS falls wants to ensure deployment of the personnel is done in all regions, once the new Constitution is operational.
Currently, there is an intelligence officer in each of the 278 districts across the country.
Overstretched
Some sources argued that with the recent increase of the number of districts in the country, the operations of the agency have been overstretched.
“No one wants to be caught off-guard when the Constitution starts to work,” added the source.
NSIS collects internal and external intelligence for analysis and action. The new Constitution has changed the name of the agency to National Intelligence Service (NIS).
Article 242 of the Constitution says NIS will be responsible for security intelligence and counter intelligence to enhance national security.
It will also perform other functions prescribed by the national legislation.
In 1998, a new Act of Parliament in Kenya established the National Security Intelligence Service (NSIS) to replace the former Directorate of Security Intelligence, which was commonly known as the ‘Special Branch, the dreaded wing of Government.
It was part of the Kenya Police Department and was used to crack down on political activists fighting for reforms.
The NSIS brief, like many intelligence organisations, is to gather and exploit secret information.
Threats
It identifies conditions that threaten Kenya’s political, economic and social stability. It subsequently develops opportunities and strategies to neutralise such threats.
The Current NSIS Director General Maj-Gen Michael Gichangi took over from retired Brig Wilson Boinett.
Boinett was appointed by former President Moi to head NSIS.
Kenya’s spy agency is divided into seven sections including Information Technology , Internal Intelligence, External Intelligence, Analysis & Production, Operation and the National Intelligence Academy and administration.
The NSIS was recently in the news after Attorney General Amos Wako sensationally claimed its agents approached him to make illegal changes to the draft of the proposed Constitution before it was printed.
In the new Constitution the NIS is considered a critical security organ, listed alongside the Kenya National Defence Forces, the National Police Service.
The primary object of the national security organs and security system is to promote and guarantee national security in accordance with principles of national interest and prosperity.
security organs
Under the new Constitution, Parliament is expected to enact laws to provide for the functions organisation and administration of the national security organs.
It was not immediately clear if any bills relating to the NIS were being drafted to help the institution conform to the new Constitutional order.
Previously, the agency was called Special Branch, and it was a dreaded arm of the police. Its officers could arrest and drag suspects to court.
But the NSIS has been professionalised, with its officials being civilian agents who collect information and share it with other government security organs.
But of late, the agency is regarded to have either lost its ability to be on top of events as they unfold, or its briefings are being ignored.
A lot of questions were raised about the effectiveness of the agency after the post-election violence erupted in 2008, following a disputed presidential election.
Mutula criticised for remarks on ICC Kenya probe
Justice Minister Mutula Kilonzo (pictured) on Sunday came under immense criticism for suggesting that with the passage of new constitution and new institutions to follow, post-election violence suspects can be handled at home.
By LUCAS BARASA
Posted Sunday, September 19 2010 at 13:45
Justice Minister Mutula Kilonzo on Sunday came under immense criticism for suggesting that with the passage of new constitution and new institutions to follow, post-election violence suspects can be handled at home.
Civil society leaders said the minister’s latest affront on the International Criminal Court is reaffirmation of betrayal of commitment to end impunity for human rights atrocities in Kenya.
“It further exposes the depth and extent of a well knit choreographed political scheme being played by powerful forces within the government which affects not just the justice for post-election violence but also the Truth Commission and the implementation of the Constitution,” International Centre for Policy and Conflict executive director Ndung’u Wainaina said.
He added: “It is outrageous. It is something to make every Kenyan get worried on the Government’s commitment to justice for post-election violence victims and correct implementation of the Constitution.
In an exclusive interview with our sister publication the Sunday Nation, Mr Kilonzo, whose docket is crucial for ensuring justice to post election violence victims said the new laws would strengthen the judiciary and police to deal with the chaos that left 1,133 people dead and more than 600,000 uprooted from their homes.
Kenya National Commission on Human Rights commissioner Hassan Omar said the statement raised questions over Government’s commitment to the ICC process, just weeks after it attracted local and international spat by inviting wanted Sudan President Omar Bashir to attend the promulgation of new constitution.
Mr Omar said Mr Kilonzo’s remarks symbolize the Government’s slow diversion from respecting and cooperating with the court as political re-alignment emerge ahead of 2012 elections.
The statement, Mr Omar warned, would not to augur well for Kenya internationally, its democracy and efforts to fight impunity.
Mr Omar said the ICC process is irreversible, adding that Mr Mutula’s assertion shows the Government invitation of Mr Bashir was deliberate.
He said it will take two to three years before the new constitution starts functioning well, a thing that if relied on could delay justice to victims and perpetrators of the violence.
“There’s absolutely no basis for substituting the ICC with the new constitution. The process must go on,” Mr Omar said.
He said some perpetrators of the skirmishes have been strategising to delay the ICC process and warned “any further delay will be a miscarriage of justice.”
Mr Omar said it is almost three years since the killings occurred and that it is important that the efforts to attain justice is speeded up.
Nominated MP George Nyamweya said Mr Kilonzo “could be having some point as the country needs to reconcile, unite and find its own solutions to local problems.”
He, however, said it is up to the whole country or the coalition government to decide and make it clear whether it wants to proceed with the ICC process.
Mr Nyamweya said victims of the skirmishes need to be compensated and that the incident “could not just be wished away.”
Supreme Council of Kenya Muslims secretary general Adan Wachu said Mr Kilonzo should “stop goofing as he normally does on all national and international issues.”
“The new constitution he talked about requires that Kenya abides by all international rules it has signed,” Mr Wachu said.
The secretary general reminded Mr Kilonzo that Kenya is a signatory to the Rome Statute “and the minister as a senior counsel should know better.”
“ICC does not try riots, stealing, assault, arson and petty crimes as demanded by Mutula. The minister should stop the usual diversionary tactics by Kenyan leaders. His statement shows something must be cooking,” Mr Wachu said.
The ICC authorised chief prosecutor Luis Moreno-Ocampo to start investigations on the 2007 post-election violence in March. The names of some prominent politicians, government officials and businessmen suspected to have organised and funded violence are believed to be in list presented to the ICC by the Waki Commission which looked into the chaos.
A number of politicians suspected to be in the list enjoy large ethnic following and are interested in vying for presidency in 2012.
Kibaki and Raila silence ministers
Published on 15/09/2010
By Martin Mutua
The special session of Cabinet ended with most ministers tightlipped on the proceedings, as fears emerged Treasury’s failure to release funds could risk implementation of the new Constitution.
President Kibaki and Prime Raila Odinga chaired the sitting, which came against the backdrop of disagreements on implementation of the new Constitution — especially over the mandate of Interim Independent Boundaries Commission and redeployment of members of the Provincial Administration.
Some of the ministers conceded they were under orders to stop media wars over the new Constitution because of fear the exchanges could stall the implementation.
One minister was blunt: “Hatukubaliwi kuongea…..sisi tume chukua kiapo.” (We are not allowed to speak. We have taken oath of secrecy).
It is said the President and PM asked Cabinet ministers to stop trading accusations the implementation of the new Constitution enters a crucial stage, and continues to raise political temperatures.
No ministers, who are bound by the oath of secrecy and collective responsibility, was willing to give the details of the meeting that the Presidential Press Service reported approved the Judicial Service Bill 2010.
PPS outlined part of the mandate of the Bill as providing procedure of appointment, discipline, and removal of judges, other judicial officers and staff, and establishing National Council on Administration of Justice. The Council shall bring together all players involved in the justice system.
Cabinet ministers have for the past two weeks, been engaged in verbal war on how implementation of certain provisions of the new Constitution was to be undertaken.
Disagreements
The Prime Minister, Justice Minister Mutula Kilonzo, George Saitoti (Security), James Orengo (Lands), Otieno Kajwang’ (Immigration), Uhuru Kenyatta (Finance), Amos Kingi (Fisheries), and several Assistant Ministers have publicly aired their disagreements with their colleagues even though there is a Cabinet sub-committee supposed to build consensus among them.
On Wednesday, Roads Minister Franklin Bett called on his colleagues and MPs to concentrate on how well to operationalise the new Constitution.
“We need to tone down on how we talk and concentrate on work before us. We must first agree on issues before we go to the Press,” said Bett, who did not want to be drawn on what transpired in the Cabinet meeting. He expressed confidence the implementation would go on smoothly.
But Mr Uhuru, who is the Minister of Finance, is now on the spot over delay in coming up with a Bill on the stipulated Commission on Revenue Allocation, which would in turn make available money for the implementation of the new Constitution.
The critical commission will be the link between the National Government and the County Governments.
Fears have been raised whether the Bill would meet the implementation deadline, as outlined in the new Constitution, since it is supposed to be in place within 90 days after the promulgation of the new laws.
The Parliamentary Departmental Committee on Finance, Planning and Trade is now concerned that Uhuru, who is also Deputy Prime Minister, is silent on the matter. The Committee Chairman, Nambale MP, Chris Okemo, told The Standard his committee tried to seek audience with the minister over the matter, but in vain.
Parliament criticised
Mutula agreed the Commission on Revenue Allocation is restricted by a timetable in the new Constitution. Similarly, he said the constitution of the Judicial Service Commission and the vetting of judges and magistrate has a time limit.
The line minister said the process could be affected by Parliament’s failure to prepare the oversight committee before it adjourned. He said Parliament ought to have prepared and published Bills to restructure the Judiciary and create the Revenue Commission before breaking off early this month.
“The Bills should have been published before adjournment. The Vetting of Judges and Magistrates Bill is crucial because of the urgent need to interrogate judges who will serve in the Judicial Service Commission,” he argued.
uhuru summoned
The minister said the Judicial Service Commission should be established by October 27, as required by the new laws. He also said legislation to create the Commission on Revenue Allocation must be passed urgently to enable its establishment by October 27. Earlier, Okemo who is also a former Finance minister, said the committee met last week and resolved to summon Uhuru to shed light on the matter.
“The Bill has to come from the Ministry of Finance, but we also want to have an input in the legislation. We do not know whether anything has been done, that is why we have called the minister to appear before us next week,” Okemo said.
The Ministry of Justice and Constitutional Affairs has prepared the Commission on Implementation of the Constitution Bill 2010, which has been debated by the Cabinet, approved and published. It is waiting tabling before Parliament when it reconvenes on September 28.
The Chairman of the Public Accounts Committee Bonny Khalwale accused Mutula of abrogating the role of drafting the Bill without the input of the relevant House committee.
“We are going to amend that Bill and demand that members of the Commission apply for the jobs through the Public Service Commission subject to vetting by a reputable audit firm before recommendation by the Parliamentary Select Committee,” Dr Khalwale said.
Impeccable sources told The Standard Deputy Prime Minister and Minister for Local Government Musalia Mudavadi has already created structures for the 47 counties outlined in the new Constitution.
The sources said Mr Mudavadi has formed a task force to come up with the structures that will operationalise the counties.
Mutula also explained a new Director of Public Prosecutions has to be appointed to speed up investigation on unsolved crimes.
Pending issues include the bombing of a prayer meeting during the referendum campaigns and the prosecution of culprits behind production of fake copies of the Proposed Constitution later passed during the August 4 referendum.
Former detective reveals details of how outspoken Bishop Muge met his death
By WALTER MENYA wmenya@ke.nationmedia.com
Posted Saturday, September 18 2010 at 22:00
In Summary
· He talks of two previous plans by the dreaded Special Branch to ‘finish’ the vocal cleric
Had the Kiplagat team, which is supposed to dig out the truth from Kenya’s past, started off on the right footing, Kenyans would already have been treated to shocking details about their political past.
And it might just happen if they take up testimony from a former intelligence officer, James Lando Khwatenge, who has stepped out, saying the time has come to speak out on the atrocities committed in the 1980s and early 1990s by agents of the now defunct Directorate of State Intelligence.
The dreaded torture machine for the Moi government was commonly referred to as the Special Branch and Mr Khwatenge, who worked with the agency, says he knows the chilling details only too well.
He has contacted the Truth Justice and Reconciliation Commission to give his side of the story and provide highlights of what might turn out to be controversial revelations.
Mr Khatwenge, who left the security service as inspector in 1992, is waiting for his chance at the witness stand to tell Kenyans what he knows about the operations of the defunct State agency and the men and women they marked for torture and death.
Their only crime was challenging the government at a time when dissent was suicidal.
Anglican bishop Alexander Kipsang Muge was one of the many marked men. One of the Kanu hawks who had issued threats against the bishop was then Cabinet minister Peter Okondo. He had warned the bishop that should he step into Busia, he would not leave alive.
But Bishop Muge was not a man to take such threats. He was committed to the justice he lived and died for and he believed in speaking the truth.
On August 14, 1990 he decided to go to Busia for a crusade. On his way back to his Eldoret base, the outspoken cleric died in a mysterious road accident.
Observers and commentators did not miss the point of the threats that had been issued before his death. But that was as far as they could go.
Bishop Muge’s death was attributed to an ordinary accident. The driver of the “killer vehicle” was jailed for dangerous driving but died after serving five of his seven-year sentence.
Ordinary accident
But now Mr Khwatenge, who worked in Eldoret at the time, says the theory of an ordinary accident was only a cover-up, or even “an accidental” cover by the government for a murder well-planned and executed by agents of the Intelligence service. And that’s the testimony he so badly wants to tell the Kiplagat commission.
“This was an induced accident,” the former policeman told the Sunday Nation.
Mr Khwatenge says he was not involved in the mission and obtained details of what befell the bishop through his position in the Eldoret office.
According to him, days before the bishop died, four Special Branch officers from Nairobi arrived in Eldoret with specific orders to “finish the bishop” who was becoming a thorn in the flesh for the Moi regime.
This was at the height of clamour for the opening of democratic space and introduction of multiparty democracy.
Bishop Muge, Rev Dr Timothy Njoya and Bishop Henry Okullu were at the forefront pushing for reforms, but President Moi and his political lieutenants resisted, often accusing pro-reform voices of plots to destabilise the government.
The officers were seconded after “the Eldoret team failed to execute the mission”. At the time, Mr Khwatenge was serving in Eldoret as an inspector on a recent transfer from Mandera.
Bishop Muge’s biggest crime, claims the former security agent, was to publicly claim that people in West Pokot were dying of hunger and accusing the government of neglecting them.
“Those were the days when you could be poisoned but you could not say so. Everybody waited for our political leaders to say something then you all supported it. I don’t know for sure whether people were dying but I know that a decision was made to kill Muge,” Mr Khwatenge said.
Initially, two sites had been identified for the mission, he said. But each was dismissed for reasons that was not given to the assigned officers.
The first site was a ravine at Mutembur between Nasoko Girls High School and Kacheliba, West Pokot.
“The plot was to kill him and push his vehicle into the ravine and then fake an accident,” said Mr Khwatenge.
The second site was Chepkararat, inside Uganda but near the border with Kenya. Having worked in West Pokot, Mr Khwatenge remembers that the place was known for smuggling, prostitution and criminal activities.
Many people knew Bishop Muge in spectacles and simple hairstyle. In their plan, said Mr Khwatenge, Special Branch agents would remove his glasses and shave him clean. They would then remove his priestly robes and dress him up like a Pokot so that people would not recognise him. They would then take him and leave him among the tribal villagers who would have killed anybody dressed like a Pokot because of the enmity between the two cattle rustling communities.
Frustrating bishop
The plan to fake a disappearance was supposed to have worked perfectly well. This plan did not work and both police and Special Branch resorted to frustrating the bishop, he said.
A trained paramilitary explosives expert himself, those trailing him thought Bishop Muge somehow understood their motives.
“There are occasions he would be stopped on the road and be harassed. Whenever they did that, he recorded them on a voice recorder that he always carried in his pocket and kept the tapes,” said Mr Khwatenge. “It reached a stage when they were being pushed but they were not acting because he (bishop) was cleverer than them. He was a GSU-trained man, remember.”
Just when the Special Branch agents were considering giving up, an opportunity presented itself. The then Labour minister, Peter Okondo, warned him not to set foot in Busia.
“When Mr Okondo talked, he wanted to be seen to be so loyal to the President. As far as we in the Intelligence knew, he was not part of any scheme (to harm the bishop). Muge knew his life was in danger but when he heard Okondo saying that, it confirmed his fears so he dared them and went there.”
The minister was going to be the scapegoat, it was widely agreed. Immediately, four officers were dispatched from Nairobi to Eldoret. The four met a widely-feared senior officer. Mr Khwatenge recalls that the four men introduced themselves as dog handlers and requested an escort who would show them the crime-prone areas.
“They needed dog escort. That is to say they had been sent to carry out some work but they needed a local person to show them around,” he said.
A young agent of the rank of constable was chosen as the “dog handler” for two reasons. His home area was Busia and, secondly, he had worked in Lugari before he was transferred to Eldoret. Therefore, he had a good knowledge of the region.
What happened after they left Eldoret, Mr Khwatenge said, was narrated to him by the constable whose code-name cannot be published for legal reasons.
They started by trailing him to Busia. Surprisingly, Mr Khwatenge said the agents did not make attempts to hide it from their victim that they were following him.
They hurled insults at the bishop and made middle finger gestures every time they overtook his car just to annoy him.
“It is called hostile surveillance, where you make somebody aware that he is being trailed then he becomes emotional and irrational,” Mr Khwatenge said.
When Bishop Muge was returning to Eldoret, they kept up with their harassment.
“All along, Bishop Muge knew he was being followed and he was looking for a way to shake them off.”
So, when he was approaching Kipkaren town towards Eldoret, he noticed a lorry ahead of him that was emitting thick smoke.
The ex-intelligence officer believes Bishop Muge wanted to overtake the lorry in the cover of the thick smoke, and then make good an escape.
For the bishop’s plan to work, he had to wait for an oncoming vehicle, preferably a trailer and then make the manoeuvre – to overtake the smoke-emitting lorry at high speed and get back to his lane just before the oncoming one approaches to delay his tormentors from overtaking.
“After Bishop Muge crashed his vehicle, the man who was in charge of the operation from Nairobi came out of their vehicle and ordered the rest to stay behind. He went straight to Muge’s damaged vehicle and only God knows what he did there,” said Mr Khwatenge. “When he came back, he took a powerful communication gadget to call Nairobi and said, ‘Operation Shika Msumari successfully completed’. It meant the bishop had been pushed to his own death.”
But the death of Bishop Muge shook the country and galvanised the proponents of multipartyism to carry on with their struggle.
There was no independent confirmation of the claims by Khwatenge, which are likely to be investigated by the TJRC, to which he has submitted a statement. The commission confirmed that it had received his forms.
Police charged the lorry driver who was driving on his lane at the time of the accident with dangerous driving. He was also charged with stealing school milk after several cartons were discovered in the lorry. He later died in prison.
Mr Khwatenge says he has approached the Kiplagat team and filled the forms some four weeks ago. Mr Wafula Buke, who is now a statement taker with the commission, handed him the forms.
Prodded him
Afterwards, a friend he did not name approached him and prodded him to apply for a job as a statement taker at the commission, but he declined because he believes had he got the job, he would be unable to testify as a witness.
Witnesses and victims give highlights of their testimony only in those forms to help the commission determine which witnesses they should call. According to Mr Khwatenge, he filled both as a victim and witness and is waiting for a call from the commission to testify.
TJRC’s communication director Kathleen Openda said they have yet to call Mr Khwatenge or any of those who have expressed their intentions to testify because the process of statement taking is still ongoing.
“We shall only call people after investigations and verification by the commission of the statements we have received. Right now, everything we have are claims and allegations that have to be investigated and verified before acting on them,” said Ms Openda.
Statement taking and verification is a five-month process that will then form the content for hearings set to begin in January 2011.
The commission has said that at the end of September they expect to have received 6,000 statements.
