Category Archives: Human Rights

Kenya: Some basic truths Kenyans must face

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From: Bunge La Mwanainchi.

Following the promulgation of the new constitution today at Uhuru park.Activist and Human Rights Defenders converged at Jevanjee Gardens and contacted the Human Right Organizations countrywide on the presence of El Bashir President of Sudan his presence in this historic event, since a majority of HRDs Organizations shared the same resentment as a majority of Kenyans they embarked on issuing a Press briefing for immediate arrest of the said international criminal whom were told has already left the country, while we embarked on organizing the street demonstration and picketing, Kenyans were disappointed forhis presence in their midst hence the people hopes on new order of things will be adhered to, the invitation of President of Sudan El.Bashir whom is wanted by the International Criminal Court of Justice for the genocide committed to innocent people of Sudan cannot be left to lie low.Kenya Being a signatory of the Rome status of 2002 Kenya Police Terrorism branch under the leadership of Commissioner Mathew Iteere should have embarked on arresting this international criminal,hence they found it simple to arrest the bunge members whom were demostrating for the arrest of the said International Criminal the placards they were carrying have messages “Arrest President El Bashil Now.”,the 2 arrested have been locked up at Central Police Station one of them badly injured.Francis Kihara and Peter Muli.I have visited them and talked to both of them,they showed me the marks in their bodies the assault and injuries they sustained while being arrested.

Kindly circulate and assist us to question the illegal arrest of activist on Chapter 4 on constitution bill of rights to demonstrate,picket and assembly.

Report by.
Patrick Kamotho.

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— On Thu, 8/26/10, odhiambo okecth wrote:

As we promulgate the New Constitution tomorrow the 27th August 2010, there are a few things that we must put in proper perspective. Kenyans must remain eternally vigilant.

In 1963, we were taken for a ride by the political class upon attainment of Independence. We thought we got our Independence yet it is the political class that got their Independence; Independence to loot the state coffers; Independence to flout the laws; Independence to invent corruption and Independence to bring tribalism.

We watched as slowly by slowly they raped our Independence Constitution. We must remain watchful and this time around, we must give them no chance. And this has been achieved by making amendments fairly difficult.

47 years down the line, we have nothing to show for our Independence. We have borrowed a lot from foreigners to the extent that all the 40 Million of us Kenyans are each in debt to the tune of Kshs 30,000.00, yet, we have nothing to show for it.

We have been given a lot of grants and free money yet, we are worse off than we were at Independence. We have nothing to show for the Grants and Free Money we have been given.

There are a few things that make sense to any proud nation. We need good roads; We need clean water; we need affordable shelter; we need electricity; we need hospitals with drugs; we need affordable health care; we need schools with known curriculum; What then must we do as Kenyans to ensure there is Service Delivery from our political class?

I will invite you to attempt answering this simple question with me. To set the ball rolling, we must start by electing men and women who believe in Kenya; people who have some focus; people who have feelings. We have been given an opportunity every 5 years and what do we do with it? We elect thieves, pimps and charlatans; people who have no idea about what leadership is all about. We have refused to stand up for our rightful share of leadership. By continuously electing the same people, we cannot expect different results. This group will keep hopping from one conference to the next workshop at the expense of development. We must start from ourselves and come the next elections, vote for the right people into the right offices. Let us not vote for money. These are the people who make our laws, yet, they are the same people who trample on the same laws. We must make our politicians to respect our laws.

Secondly, we must demand for a credible Judiciary. They are tasked to meet out Justice to the offenders, yet, it is our Judiciary that protects known thieves, the corrupt and those who break the law. Time has come for us to remain vigilant and demand that the Judiciary must respect the rule of law as they meet out justice to Kenyans.

Thirdly, the Police Force must enforce the rule of law. It does not matter your station in life, if you break the law, you must be arrested and appropriately charged. They must fight all sorts of crime; economic and political. Kenyans must remain eternally vigilant to ensure that the Police Force works for us, not for the Executive.

In so doing, we will keep hope alive for our New Kenya.

Again, as we promulgate our New Constitution, I want to invite Kenyans to join in demanding the following;

Vetting our political leaders; let us vet all those who offer themselves for political office. If we vote in thieves, we will get the leadership that we have voted in.

Demanding an explanation to the public debt; we must demand to be told who borrowed what for what. We cannot assume and pretend. We are each in debt of Kshs 30,000.00 on account of some money that was borrowed on our behalf yet, the proceeds were spent in private enterprise. We must demand full disclosure on the public debt.

Demanding action on economic crimes; We must make economic crime punishable and what better way will we start by demanding that all proceeds of economic crime must be confiscated by the state. It is only when this is done will our economic saboteurs know that economic crime does not pay.

Demanding action on Judicial mischief; Judges and Magistrates have ruined Kenya by not remaining faithful to the rule of law. We must demand action on all those who have chosen to auction Justice from the Bench. Radical surgery must be radical and real.

Demanding end to political impunity; we must all demand that our politicians start by respecting the rule of law. We all know that it is our politicians, people we elect, who have reigned impunity on us. We must demand action on all of those who will break the law.

Demanding equitable distribution of human and economic resource; we all know how Kenyans have been taken for a ride in as far as job distribution and resource allocation has been done. We must demand fairness for all Kenya and Kenyans.

Lastly, we must outlaw conferencing and workshoping and start working. We must reduce attendance of such and focus more on Service Delivery.

The bottom line is; we have refused to stand up for our rights. We have refused to elect people who have some vision for Kenya. We have refused to consign tribalism to the back banners and we have refused to make Kenya proud.

Eternal Vigilance has always been the price of liberty. The time is now and this time is right.

Peace and blessings as we usher in a New Kenya; Happy New Kenya.

Odhiambo T Oketch
CEO KCDN Nairobi,
PO Box 47890-00100,
Nairobi, Kenya.
Tel; 0724 365 557, 0735 529 126
Email; komarockswatch@yahoo.com
blog; http://kcdnkomarockswatch.blogspot.com
blog; http://nairobieastba.blogspot.com
Group mail; friendsofkcdn@yahoogroups.com

Odhiambo is the current chairman to the Stakeholders Evaluation Team on Performance Contract and Rapid Results Initiative at the City Council of Nairobi- CCNSET

Kenya: Glad for a New Katiba, but his was not the kind of show I imagined we’d put up.

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New Kenyans, I am still living in old Kenya?

I am Joram Ragem. A critic. Allow me therefore to offer criticism of the events of today.

There is no question that a lot of things did go well. Amos Wako indeed drafted the articles of promulgation, and Kibaki did declare a new constitution for our country, and he signed it into law. Our flag was raised very high indeed in a recently erected high pole, where a ‘jumbo’ flag will always fly at Uhuru Park. It was a very important day indeed to the extent that foreign dignitaries graced us with their presence. Kenyans showed up in their many many numbers and without question, I am very proud of this day. My father watched it, I watched it and my son watched it.

Let me go straight to the point, whereas the event was a success, I hereby give it a C grade

Here are my reasons:

1) We hosted a war criminal. A man accused and indicted by a court we are a signatory of. We allowed him to share the dais with our other highly esteemed guests, and indeed without their permission as we abetted partnership in hiding him from ICC by not stating in advance he was coming. Shame on us.

2) Having spent several days preparing for this event, Major General Kiaga assured us that this was going an event never seen since 1963. Well, he was right. We have never before promulgated a constitution. That was the only right thing about his pronouncement. Though I cannot blame him for the many things I saw that were not right, the military display was wanting. I have been to Uhuru park wher the military had a better display. Read a note a wrote about one of my experiences here. http://www.facebook.com/note.php?note_id=279903939461. In short, the military parade lasted shorted than the Kadhi’s Prayer, and I don’t think he practiced. Where were the Boyscouts and the Girl Guides? The St Johns ambulances? The Police K9 Squad. Oh these were not promised ok. Where were the boats. I saw one air float, smaller than the floats I see in Mombasa owned by a single tourist mounted on a 16 wheeler and guards standing at attention! Give me a break. Where were the fighter jets that used to grace public celebrations during Moi or Kenyatta era?

3) During the election return period, Kenyans in the diaspora were treated to the best TV live coverage from Kenya we ever saw. However, the live feed was discontinued because someone did not want us to see how the election was being stolen. That was easy to understand. I mean a smart thief would knock out a live camera if he sees it while robbing a bank. Today, Kenya had to show the world how we can put our best foot forward. But alas! We were treated to s show like a strip tease on a pub alongside a US highway that bears the sign ‘We bear it all.’ In fact even these joints get to show you the real deal. The live feed today was the worst I have seen ever. Even the Iraqi live feed as they hanged Saddam Hussein was better! Did I even insinuate that the folks who worked to cut the live feed in 2007 at the election results were still at work last night. I mean, lets face it, every time PM Raila Odinga took the mike, the feed went dead!

4) For an event of this magnitude, the planners really need to show that we were about to enter a second half decade of our Nations beautiful history. They should have known how many people would be sitting at the dais, who they were and where they were sitting. There were not enough chairs. I even heard that an orchestra that was invited being told to quit sitting and that they were to play their instruments while standing and walking! The faces of real heroes like Nzamba Kitonga, Kofi Anan, Mkapa, Machelle, Kikwete, Njoki, and many others were not see. To my utmost displeasure, I was annoyed at looking at Omar Bashir, a war criminals face who was placed right behind the main microphone. His face is all I see every time I close my eyes to remember the faces of the people I saw at the dais.

5) Oh my God, what happened to Muungano, Prisons, St Stephen’s, Friends Choir – Nomiya? Our music presentation was over 30 years backwards, or was it just that our filming and shooting skills have regressed. No wonder we cannot even shoot a simple soccer game, and keep chasing the ball with the camera instead of our feet!

At the risk of making my note unreadable, let me stop here and ask for your forgiveness already. I was and perhaps I am still angry at the disorganization. Please understand, some of us stayed up until 3:00am in the morning trying hard to watch an event that is our birth right.

—

Joram Ragem

wuod Ndinya, wuod Onam, wuod Amolo, wuod Owuoth, wuod Oganyo, wuod Mumbe, wuod Odongo, wuod Olwande, wuod Adhaya, wuod Ojuodhi, wuod Ragem! (You are my relative but with the new Katiba, it doesn’t matter anymore)

Kenya: Regional News

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from People For Peace

Colleagues Home & Abroad Regional News

JP2 EVANGELIZERS TEAM INSPIRED BY KAISER’S LEGACY

BY FR JOACHIM OMOLO OUKO, AJ
NAKURU-KENYA
THURSDAY, AUGUST 19, 2010

TAKE-1

John Paul II evangelizers team four days workshop opens today in Nakuru Catholic Diocese at St Mary’s Pastoral centre few days ahead of tenth anniversary of the death of a US Mill Hill Missionary, Rev Fr John Kaiser marked on August 24, 2010.

Left is Fr Kaiser (AP file photo)-from right to left- Fr Omolo, AJ, Lucy Wanjuru, Mary Mujala and Mwalimu Simon Rurinja- evangelizers team standing next to the site where Fr Kaiser was found dead/ PHOTO- Fr Richard Quinn

It is exactly 9 years ago Rev Fr. Joachim Omolo Ouko,AJ commemorated his 1st anniversary (see attached story allAfrica.com: Kenya: In Memory of Fr. John Anthony Kaiser- First … allafrica.com/stories/200108200028.html). Rev Fr. John Anthony Kaiser, was found dead along Naivasha Nakuru road on August 24, 2000 with his shot gun beside his body. He is remembered for his outspoken on human rights advocacy.


Fr Quinn consults with Mwalimu Francis Warui during one of the previous workshops in Molo- File photo by Fr Omolo, AJ

Rev Fr Richard Quinn, a Maryknoll Missionary who is also the Spiritual Director of JP2 evangelizers described Kaiser as very courageous human rights activist who served people of God in Kenya dedicatedly. Fr Quinn led the prayers at the site of his death on our way to Nakuru. He says he knew Father Kaiser very well.

Kaiser was not only a human rights activist who frequently denounced corruption among other social evils in public but also accused a powerful Kenyan minister of state of sexually violating a minor.

Like FBI the Kenyan government claimed the priest committed suicide because a shotgun was found near his body and a round of ammunition in his pocket. This theory has been sharply ruled out by fellow Kenyan human rights activist.

Kaiser also accused two government ministers of fomenting ethnic violence in 1992 and 1993 when an estimated two thousand people died in the internal conflicts. Since he came to Kenya as a missionary in 1960s Kaiser always defended the rights of his parishioners, a move that earned him many powerful enemies in the government set up.

One thing remembered about Father Kaiser is that he always loved to speak nothing else but the truth. It is against the background that he had received death threats, especially when he assisted two women from his parish to contact the Kenyan Federation of Women Lawyers (FIDA) after they said another cabinet minister had raped them.

Father Kaiser died the year Pope John Paul II declared-Novo Millennio Inuenteto (new millennium, new evangelization). While exhorting the faithful to live the present with enthusiasm and to look forward to the future with confidence since Jesus Christ is the same yesterday and today and for ever” (Heb 13:8), the Pope opened the way for the new evangelization and it is against the background that that JP2 evangelizers was formed.

The Pope had emphasized that it was the time for each local Church to assess its fervour and find fresh enthusiasm for its spiritual and pastoral responsibilities, by reflecting on what the Spirit has been saying to the People of God in this special year of grace, and indeed in the longer span of time from the Second Vatican Council to the Great Jubilee.

Jesus is “the Alpha and the Omega, the first and the last, the beginning and the end” (Rev 22:13). That is why we must give glory to Jesus Christ, for you reign today and for ever”. It is again why the year 2000 has been strongly marked by the request for forgiveness.

Born November 29, 1932, in Perham, Menisota- USA, Father Kaiser spent 20 years in the missions in the Kisii Diocese where he faced a lot of challenges while fulfilling his prophetic role.

In 1993 following the ethnic clashes, Father Kaiser asked his superiors to relieve him from Kisii to go to the Maela refugee camp in the Ngong Diocese where thousands of IDPs were camping.

He is also remembered in 1998 when courageously he testified before the Akiwumi Commission investigating the causes of the violence and the closing of the camp. Without fear or favour he fingered prominent cabinet ministers in the incumbent government as well as the then- dictator President Daniel arap Moi.

It is against the background that in November, 1999, the Kenyan government tried to deport him, claiming that his work permit had expired, the move that led him to go briefly into hiding in Kisii before he was granted a new work permit after intervention by the US Ambassador Johnnie Carshon and emeritus Bishop Colin Davis of Ngong.

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

Kenya: The Industrial Sector Falling-Apart in Commotion with Presidential Convoy

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Folks,

Women must be treated with respect, honor, value and virtue.

Women are the fundamental potential Industrial Production Unit Area for Humankind.

KCC (Kenya Creamery Corporation) Public/Private Department MUST be protected by the Government at all times, and their DEMANDS must be listened to with immediate responsive action.

And, when the Presidential convoy approached, these women got roughed up and pushed like logs on the road side…..they did not deserve to have been treated they way they did. They rightly had a case for petition. Jee….. huu ni ungwana?

I am saddened, if men have no respect for women and can treat women with dishonor publicly and severely roughed up, KCC and INDUSTRIAL DEPARTMENT falling apart onthe road-side like this, is something to worry about and question. I can imagine to what extend women suffer under “Quite Impunity”? They have the right for kujitetea, na
President Kibaki akiwa upande ule…….The First Lady, Mama Lucy will read charges.

I await to hear for resolution and compensation to the damages. This was not right.

Kudos Wa Mama, yes it can be done…….

Thanks,

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

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Take a Look !

Women push for larger budget share

NTVKenya | August 20, 2010

http://www.ntv.co.ke
Kenyan women staged a peaceful protest in Nairobi’s City Centre to petition parliament to increase budget allocation to maternal health care. Marching under the banner of World March of Women Kenya, the women walked from Uhuru Park to Parliament buildings where they presented their petition to a group of MPs.

Kenya: Letter To The New Gender Minister

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From: Tebiti Oisaboke

Njoki Karuoya

Dear Dr Shabaan, Welcome to the Ministry of Gender, Children Affairs and Social Development.

I’m not sure if you expected this but you must take on anyone who dares say that this is a demotion. I may not understand the qualifications of a ‘big’ or ‘small’ ministry, but if it is about money then I do believe the Gender Ministry is universally recognised and receives great financial support from the United Nations and other international donors.

I must admit, however, that I was a bit thrown when I heard you had been appointed Minister for Gender because, during your ‘No’ campaigns, you made it clear you were not lobbying for women gains in the Constitution but for the interests of the Taita people.
Interestingly, women make up a huge percentage in your constituency.

Is it true that you do not believe in gender equality? Is it true that you believe women can never be equal to men? Do you believe empowered women destroy homes?

I sure hope not, because you are one of few women in Kenya who has risen through the ranks of male-dominated fields — medicine and politics — and come out tops. As a result, millions of women and girls, especially from your constituency, consider you their role model and desire to emulate you.

Traditional roles

I don’t believe marriages are breaking up because of the agitation for gender equality (which many people misunderstand and misinterpret).
I do believe, however, that society has largely abdicated its traditional roles, where many men no longer carry out their responsibilities as heads of households in charge of families, while many women, the gelling glue of families, have stopped catering for the needs of their husbands for whatever reason. This partial or total disregard of traditional responsibilities is one of the causes for tension between spouses.

Men and women have broken barriers and engaged in roles that traditionally were not in their domain. This tupsy turvy arrangement comes with new mentalities… and new challenges. mwThese, waziri, will be your new daily cup of tea as you embark on your momentous task as the Gender minister.

If we are to save families — and I strongly believe you are genuinely concerned about the preservation of this critical societal unit — we must deal with the issues that are rocking and threatening families.

Bill of rights

Our men need jobs so they can fend for their families. The contributions of women need to be recognised and appreciated.

Women, too, must also be protected.

Children must be educated if they are to take this nation forward.
Then there is the Bill of Rights in the New Constitution that uplifts the status of women in Kenya. And there is a host of other goodies for women in the new law.

My earnest prayer is that, although you strongly campaigned against the Constitution, you at the very least believe in these gains for women and will, as the new Gender minister, strive to protect them so we can move forward as a nation.

After all, when a woman is empowered, a society develops. If Kenya is to become a first world country, we must protect the integrity and dignity of all men, women, boys and girls.

As your ministry officials and related stakeholders brief you on what needs to be done, I urge you to protect our men from self-destruction (illicit brews, crime and violence).

Protect women and children from physical abuse (spousal violence, rape, defilement, female genital mutilation) and social injustices (discrimination at the workplace, at home and in the public fora); and protect the elderly.

For now, I would like to congratulate you on your new responsibilities.
You have your work cut out for you. You are now on stage and all women in Kenya and the nation as a whole are watching you to see whether you will play by the script of the new Constitution on gender.
We await your judicious guidance.

Yours truly

Tebiti Oisaboke

Africa countries should ratify Maputo Protocol on Human and Peoples rights

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Writes Leo Odera Omolo

ON July 22, 2010 Uganda ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa also known as the Maputo Protocol. This is a landmark achievement which indicates Uganda’s commitment to be legally bound by this Protocol.

The Protocol was evolved out of concern that despite the ratification of the African Charter on Human and Peoples’ Rights and other international human instruments, women in Africa still continue to be victims of discrimination and harmful practices. The Maputo Protocol came into effect in November 2005, after 15 of the 53 African Union (AU) member countries ratified it.

The Protocol provides for elimination and discrimination against women; the right to dignity; the right to life, integrity and security of the person among many other rights.

In respect to procedures, it provides for remedies, implementation and monitoring, interpretation, signature, ratification and accession, entry into force, amendment and revision, status of the present protocol and transitional provisions.

Countries that ratify the protocol are obliged to ensure implementation and to submit periodic reports indicating legislative and other measures undertaken for the full realization of the rights recognized therein. Countries that ratify the protocol also undertake to provide budgetary and other resources. An international treaty such as the Maputo Protocol passes through three main stages— adoption, signing and ratification or accession.

The stage of adoption means that the text of the treaty has been negotiated and agreed upon. A treaty may be adopted by vote or by consensus. The Maputo Protocol was adopted by 53 heads of state of the AU in Maputo, Mozambique, on July 11, 2003.

When a state signs a treaty, it means it is obliged to refrain from enacting laws that discriminate against women.

Ratification can be done after signature or alongside with signature. Ratification indicates a state’s commitment to be legally bound by the treaty. It can be done after a treaty has entered into force or after a specified time limit for signature has expired.

When a state ratifies a treaty, it may enter a reservation at the same time as the instrument of ratification is deposited. Reservation means that it will not be legally bound by a particular article of the treaty. The Protocol allows reservations, provided such reservations are not incompatible with the object and purpose of the Protocol.

Uganda ratified with reservation on two provisions under Article 14 on Health and Reproductive Rights – women’s right to control their fertility and authorization of abortion in specific circumstances.

Women’s right to control their fertility and abortion are highly emotive subjects the world over. They hinge on religious, cultural, economic, social, human rights and political dimensions. Some argue that the best way to reduce recourse to abortion is to expand access to family planning; thus issues of fertility control and abortion are interlinked.

These issues deserve further debate because for example, promotion of reproductive health and rights is sometimes wrongly equated with abortion! Uganda is a jet setter in promoting respect for women’s rights and can be effectively used to enlist all African states to ratify the Maputo Protocol expeditiously.
Now is the time to tear down the oppression of women. The tidal wave is unstoppable.

Ends

Kenya: A Poem from a friend

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From: odhiambo okecth

SABA SABA DAY

We didn’t want to stand in line

To vie ’gainst friends on village green

‘THEY’ told us then just what was what

“ You’ll have what you get…like it or not. “

A few took part…results were rigged

The rest stayed home…jiggerty jigged

Dissension brings detention in the Kanu Pot

We’d got whom we’d got…That’s our lot

Democracy’s for others made…

Until a few stood up and braved

The wrath of those in powerful seats

“ Detain them !” ‘THEY’ called…and searched the streets

A sign, evolved in Churchill’s day

Became the Multi-Party’s way

To demonstrate the need for Change

Who’s advocates were soon detained

“Cut off their fingers and send them to

Kanu Headquarters !” What a stew….

Those violent words and vicious threats

And author…stayed in back of heads.

Arrange a Kamukunji…yes

No license given. Ok…No stress

But Mwenje advertised it “ON”

Our own Sharpville had just begun.

Saba Saba Saturday

1990…Meeting day

Saw empty ground but people round

Were shot or beaten. Lesson sound?

Don’t play it down, it happened there

At famous Kamununji Fair

The Law moved in…teargas and gun

To keep the peace …or have some fun.

The message spread. The bubble burst.

Outraged villagers freedom thirst

The tide broke loose for Liberty

For Justice,Truth…for you…for me

Enough’d enough of subjugation

Now to wake the Kenya nation

No right to ask, nor meet nor speak

What else to do but run the street

By Monday morning all was calm

Except we heard with some alarm

Just after schools began their classes

The streets of many towns found masses

Of people out on foot ..irate

Their wish…to speak…to demonstrate

Against the ones who’d have us blind

And deaf…and dumb…without a mind.

Police and GSU moved in

By four o’clock they’ed quelled the din.

In Kawangware, Satellite,

Innocents suffered policemen’s might

Husbands bludgeoned, women raped

The way out forces operate

And soon we all knew someone dear

Who’d suffered and been filled with fear

Of Law Enforcers…uncontrolled.

Government numbers…the death toll

Twenty dead and and sixty injured

Cooked up, played down “official” figures

Scared politicians met…took stock

Their nests to save and all ‘THEY’ED’ got

“ Take up your pangas … kill them all…

No two ways about it !” the clarion call.

These rigged in men of greed and power

Began their last and final hour

We thought. But nay..a politician

Only gets mild admonition

Ev’n for inciting anarchy

Power war, no less on you and me

We people in the Market Place

Look on with pride to those who faced

Detention without trial…or worse

Have to leave their place of birth

Just because no-one will hear

Their call …our call…for what is dear

Our need for Truth and Liberty

Justice, Our Rights…Democracy .

‘

Sam. Early July 1990.

Kenya: Ruto paints Gatundu Red._ Please Mr. Kipkorir, Jonah don’t remind us of the Mzee’ Era.

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from elijah agevi

Hi Julius,

Thanks JTO and how right you on who should be annoyed and indeed very annoyed… it is the general Kenyan populace that underwent untold suffering under 24 years of Mzee Moi’s rule. This is the whole bitter truth. I know as a country we have tried to very kind to Mzee. We have tried to be very forgiving to him and those who surrounded him. We have tried to forget and forgive and move on with our lives. It is therefore my humble prayer that Kipkorir Jonah and co should not take back along that lane. No.

Yes Julius, I vividly remember the humble soft spoken late Adungosi whose life was abruptly brought to an end by a regime that so intolerant to any alternative thinking. The late was a student in the school of Architecture, Urban Planning and Design, where I had started just teaching and researching by the time of death.

I am therefore asking those who might have not been old enough to appreciate what was going on then in Kenya, spare us the agony of reminding us of that dark era in our History the era of Mzee Moi.

Let’s Mzee Moi enjoy his freedom of speech and association that Kenyans could not enjoy during his tenure. One that many Kenyans lost their lives demanding for. One that caused alot of brain drain in 1980s from our Universities of giants like professors Ngugi, Prof Micere Mugo- turning them into refuges for simply asking for a basic right like freedom of speech! If the same standards of intolerance were to be applied now, we could not have enough detention camps!

Could this be why Mzee Moi is opposing the PC particularly the chapter on Bill of Rights? Could someone throw some light on this?

Let’s vote in honour of all those that gallant Kenyans who had a vision and fought for our second liberation but never lived to enjoy birth of a new Kenya.

Please confirm that your Green voting card is with you and keep the date of 4th August, 2010.

Regards

Elijah Agevi

Defender the Green corner

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From: jt okinda

Kipkorir,

Why don`t you just tell Maryann why you think Ruto should be listened to in Gatundu. Why are you annoyed Mr. Kipkorir?

The other day Hon Mwai Kibaki challenged in a light touch the former President, Hon. Moi to join the yes campaign. I was surprised the following day to see a very annoyed Hon. Moi accusing Hon. Kibaki of all type of sins related to tribal clashes of 2007. This was uncalled for. Why was he annoyed when those entitled to be annoyed are the Kenyan people he made sure had no rights for the 24 years he was in power. I remember a christian colleague at the university, the late Adungosi who died prematurely due to overbearing and uncalled for annoyance of Hon. Moi. The young fellow who only wanted the student community to understand that Moi meant well was bungled in prison and tortured to death. It is Adungosi mother and friends who should be annoyed not Hon. Moi.

My advice to all Kenyans is to always be calm and use their brains more. Annoyance and primitive reactions have no place in modern society. You are free to say what you please but being abusive is stupid and uncalled for!

On Wednesday, the 4th of august,2010, I, JULIUS OKINDA will vote YES whether MOI and company likes it or not!

OKINDA JT

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From: GILBERT KIPKORIR

Maryann,

Leave Ocampo to do his own investigations and arrest the culprits.

Ruto has a stable family by the way if you didn’t know and has children who respect him and as if not enough, he has followers not like you who crouch in tribal cocoonship.

Bure Kabisa.
Buiywo.

– – – – – – – – – – –

Maryann Wanjiru wrote:

Jonah and all,

The people of Gatundu were not there for the purpose of the rally, they were there to see for themselves the person who was responsible for the massacre for there fellow tribemen and women in the 2007 PEV! end of story, if at anytime you think the people of Gatundu can vote for anything that has Ruto in it, pole sana! Ruto try elsewhere!

Kenya: Most women MPs believe draft KATIBA is pro women.

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Most women MPs are campaigning and urging women to vote for the draft KATIBA because of the benefits it heralds for women. Except a few who are rooting for NO like Naomi Shabaan, Margaret Wanjiru, Jebii Kilimo, and the Eldoret South MP, almost all women Parliamentarians across the political divide believe this draft document has the greatest gains for women.

http://www.standardmedia.co.ke/news/InsidePage.php?id=2000014989&cid=4&

Otieno Sungu

Kenya: The Clock is Ticking Away when The Big Brother and the World are keenly Watching; Compensate all Nyayo-era victims of torture and then prosecute Moi

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Folks,

All is well is what ends well.

We have keenly taken stock of what has failed Kenya all these years. We know who the enemies of Kenya and Kenyans are, those who are determined to fail Kenya But, we have faith and trust in the two Principles’ Leadership (President Kibaki and PM Raila), we believe they will deliver the much awaited Reform Agenda through the Referendum in August 4th 2010.

We have faith that the New Constitution will pave ways for a New Era for “The Kenya We all Want” that which we will be proud of.

We also believe majority Kenyans are tired of living a wasted lifestyle. It is time for CHANGE and REFORM in a forward strategy development agenda for progress and prosperity.

It is time Kenya must show the world that “It is Ready for the World” in Economic, Social and Political challenges and competition, that which will provide a balance and make the Universe a better place to live in Unity, Peace and Love, caring and sharing for each other and preserving nature as was purposed by God upon creation.

Big brother and the world are all keenly watching the unfoldings in Kenya as the time keeps ticking.

This will be an opportunity for President Kibaki to offer and deliver a special gift to Kenyans. He will have broken the cord of the Devil which has been holding Kenya backwards and has kept Kenya behind from achieving its development worth, a sorry and truely sad-state-of-affair.

For many years, Kenya has remained sunk into bottomless deeper in oppression, corruption, impunity and in depleting poverty which has caused Kenya to remain behind in their development agenda strategy. This will now remain behind us.

President Kibaki will have in essence delivered true and real “Freedom” to the people of Kenya to mark the dead end of the long, hard and strenuous journey for Kenya’s freedom. Consequently, this move will begin to heal the broken hearted and be able to make history that which will be remembered by all Kenyans for very many years to come. A very memorable record will then be set on the Books of the World History of Fame, that which will have been made in Kenya, following with the rest of Africa in general.

We also noticed President Kibaki has already declared August 4th a holiday for Kenya. Surely this holiday is worth Celebrating in a big-big way. May I take this opportunity to request for a chance on behalf of all Kenyans, sympathizers, friends and foes to provide a moment for “Shake the Leg”? I believe it is prudent? This will suffice for an immediate antidote, a sure way to begin to forget and heal…..Spread the Word people, because, Ni Dawa !…. Let us all CELEBRATE.

We will all value, cherish and celebrate the month of August 4th in a couple of many ways, not forgetting that, the August 4th is also a Grand Memory Birthday of President Barack Obama, and for this, President Kibaki will have given Kenyans a privileged opportunity to appreciate and honor the Son of a herdsman from Kogelo “The Pearl of Africa” The President of United States of America in style. Glory to God, what a Blessing!

Seeing all women come out to soldier, I am already in a good mood. I must therefore, in advance take this moment of relief and offer appreciation, sending a word of “Thank You” to all from the bottom of my heart. Those who participated in all other ways and means to assist, those who pulled and help put all these activities together to a fruitful end, the push and shove of all kind that brought us this far, with those who stood by me in breathtaking moves, including those who acted in spar of moment upon the sound of the voice of alarm from the wilderness, to all partners and sympathizers, with those who diligently worked on their own volution, doing their own things which they know how that which contributed in part, as a result which has brought us this far, and in the most weird moments in upscale, deserve to be thanked…….and I thank you all.

Most sincerely, I must say, you deserve Kudos President Kibaki! Because of you, we are in a FREEDOM CORNER.

At such times, therefore, when Great Things are about to happen, many are called home to God, BUT, I humbly Pray to God to let me and my family with all those who are in the struggle, have a chance to see and feel the beautiful moment of the end of this Wonderful Story of The long Journey for Struggle of 50 years for Kenya’s True Independence.

I am looking forward to seeing a situation where the People of Kenya will be in command to make things happen for purposes of Sustainable Development where in Partnership with the Government, and under the New Constitution will provide Good governance with improved Legal Justice dispensation, where Public will Demand for their needs and provide directions to their legislators for service delivery, while focusing on how they wish to be governed, within the code of Ethics Rules of checks and balances, transparency and accountability, Responsibility and Commitment in a shared Public Services delivery. Or else, lazy leaders will be re-called back for poor performances …………This will in essence be a journey to a success story of True Reform Agenda achieved within time frame ….. proving the fact that, in Faith, “Yes” it can done People ! ……

Let us not relax, the struggle is not over, we must continue to endeavour in close watch and observation for the best of results……….

So Go Vote “YES” on the Referendum Day for a New Beginning…..

Cheers !

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

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Compensate all Nyayo-era victims of torture and then prosecute Moi

By PETER WANYONYI

Posted Thursday, July 29 2010 at 18:39

In a welcome departure from the norm in Kenya’s Judiciary, a Nairobi court late last week awarded compensation to 21 Kenyans illegally tortured and detained without trial by former President Moi’s regime.

The compensation comes late: the cases were first filed in 1988, and other cases with similar complaints are still pending in court, while seven earlier cases were concluded last year, with Lady Justice Roselyn Wendoh awarding the victims compensation of Sh1.5 million each.

Allegations of torture at the hands of Mr Moi’s corrupt regime have been made many times – indeed, many contend that Mr Moi did not stop at torture, but that his regime murdered opponents seen as a threat to its survival.

Even hard-boiled pro-democracy activists like Kiraitu Murungi and Gitobu Imanyara – who was the lawyer in the latest case involving these allegations – had to flee into exile when Mr Moi’s security men turned the heat on.

It came as a massive relief to Kenyans when Mr Moi’s Kanu was soundly defeated during the General Election of December 2002.

A line was quickly drawn under State-sponsored torture, as President Kibaki threw the infamous Nyayo House torture chambers open to public tours, and then closed forever.

That was the first step – closing the doors on an unfortunate chapter in our recent history.

It surprises no one that torture and political repression to this extent occurred under Mr Moi’s regime, a period in Kenya’s history that will not be forgotten quickly – such was the repression, economic retrogression and ethnic discrimination under the ruthless regime.

Few were surprised when Mr Moi’s motorcade was pelted with stones as he left President Kibaki’s swearing-in ceremony after the 2002 elections.

The courts, in awarding compensation to the victims of torture, have taken the second step in righting this massive wrong against the people of Kenya.

The compensation is not much, and can never make complete restitution for the evil visited on these Kenyans for merely standing up for what was right.

It is a mere recognition that the State – and Mr Moi, with whom the buck ultimately stopped – were not just wrong in doing what they did, but actually committed criminal offences against Kenyans.

These are people sworn to upholding the Constitution, but who went ahead to arrest, maim, imprison and murder citizens who had done no wrong.

This is why the third and final step in this process is vital. It is not enough for the courts to merely recognise that crimes were committed against the victims of torture by the State.

The responsibility for these crimes must be apportioned accordingly, and criminal justice procedures should be instituted against the perpetrators.

Mr Moi left power eight years ago after the ignominious defeat of his protégé, Mr Uhuru Kenyatta, by a coalition of then-opposition politicians and civil society activists.

These people had clearly had enough of his regime’s evil ways.

To President Kibaki’s credit, Mr Moi and his regime’s goons were largely left alone after they were turfed out of power, to the extent that some of the former president’s most loyal acolytes – like Mr William Ruto – even found their way back into government as ministers.

To no one’s surprise, Mr Moi is opposed to the proposed constitution, a document that is strong on the very civil liberties that his regime ruthlessly curtailed.

Indeed, the people who were closely associated with Mr Moi during his ruinous reign – such as Mr Ruto – have also come out against the draft. No surprise there.

It is, however, amazing that none of the politicians in favour of the document have pointed out this consistency.

Mr Moi’s regime was always against respecting the rights of ordinary citizens. It naturally follows that he would be opposed to a constitution that actively seeks to protect those rights.

In the quest to entrench civil liberties, it is crucial that the abusers of such rights – past or present – be brought to book.

This is why the Attorney-General, Mr Amos Wako – or his successor – should open criminal cases against Mr Moi and his erstwhile government’s associates, for the torture of the victims that were recently awarded compensation by the courts.

Anything less than that is unacceptable.

Mr Wanyonyi is an IT professional working in the Middle East. (pwanyonyi@gmail.com)

Kenya: Call for Proposals- Akiba Uhaki Foundation

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Forwarded by: odhiambo okecth

From: Sarah Nkuchia

Dear Sir/Madam,

Akiba Uhaki Foundation – the Human Rights and Social Justice Fund (AUF), is a regional grant-making organization dedicated to supporting and accompanying human rights and social justice related organizations in East Africa (Burundi, Kenya, Rwanda, Tanzania and Uganda) and in particular, works to support processes, forums, movements and work that initiates radical ways of looking at and addressing root causes of poverty, human insecurity and structural violence.The Fund envisions a just world in which all people enjoy human rights and live in dignity.

Its mission is to be a proactive and innovative grant-making institution working to promote and strengthen human rights inclusive of social justice. Akiba Uhaki espouses and at all times aspires to be guided by, advocate for and adhere to the human rights principles of accountability, empowerment, non-discrimination, participation and express application of the international legal (human rights) framework.

AUF is funding projects aimed at stimulating capacities of communities across East Africa to claim their rights in development. Through a Swedish International Development Agency funded initiative , Akiba Uhaki seeks to develop mutually beneficial partnerships with organizations whose innovative projects seek to advance economic, social and cultural rights of communities and to address the root causes of social injustice in the region. For details please visit our website at www.akibauhaki.org.

The second main aim of this development support is to stimulate Capacities for Communities within East Africa to claim their rights in development through the application of existing knowledge, advocacy and local participation. This will be realized through creative and meaningful partnerships with knowledge institutions and community based organizations.

This development support has the following four principal components;

1. Enhancing the capacity of people to demand their rights through the repackaging of existing knowledge
2. Strengthening linkages between research and advocacy
3. Making the law work to serve the people’s needs and claims
4. Support access to Information Communication Technology(ICT) by rural, peri-urban and urban poor

In this regard, we are pleased to send you this information for your consideration. Should you find it in line with your work, feel free to contact us for discussion on this information. Alternatively, you can send us a Project Proposal or concept Paper for funding consideration. We also encourage you to pass this information to organizations within your network whose work is relevant to this Call for Proposal for funding consideration. Attached is our Call For Proposal document for your attention.

Regards,
Sarah Nkuchia
AUF Programs Intern

Sarah Nkuchia

Akiba Uhaki Foundation – The Human Rights & Social Justice Fund
K-Rep Center, Wood Avenue, Kilimani
Box 27611-00100, Nairobi, Kenya
Tel: (254) 20 2441204/2441196
Fax: (254) 20 3861576
Mobile; (254) 0722 659 364
Email: sarah@akibauhaki.org
Website: www.akibauhaki.org
…………………………………………….
“For a Just and Egalitarian East Africa where all persons enjoy their
Rights and live in Dignity”

– – – – – – – – – – –
AUF CFP .doc
STIMULATING CHANGE FROM BELOW : CALL FOR PROPOSALS

Background:

About Akiba Uhaki Foundation

Akiba Uhaki, the Human Rights and Social Justice Fund, is a proactive and innovative grant-making organization dedicated to supporting and accompanying Human Rights and Social Justice related organizations in East Africa i.e. Burundi, Kenya, Rwanda, Tanzania and Uganda.

Stimulating Change From Below Project

Akiba Uhaki Foundation in partnership with the Swedish International Development Agency (SIDA) is implementing a Project focusing on “ Stimulating Change from Below”. The objective of the project, which will run from 2009 to 2012, is to stimulate capacities of communities within East Africa to claim their rights in development. It recognizes that in order for citizens to be able to assert their rights, and lift themselves out of poverty, they need access to information.

The Project is a response to the need to strengthen the capacity of the citizenry to claim their rights from the state and other duty bearers towards improvement of their social and economic welfare including poverty alleviation through intermediation of knowledge. It is based on the belief that for the state to provide services effectively including those aimed at poverty alleviation and addressing other forms of social inequality, the citizenry must have the capacity to demand these rights and to hold the state accountable.

The project recognizes that the extent to which governments will be effective and responsive to the people’s needs in delivering services and facilitating development greatly depends on the capacity of the citizenry to not only hold the government to account but also to actively assert and claim their rights. In addition, we recognize the fact that for the citizenry to be able to effectively assert its rights and to improve their social and economic conditions, their access to information is critical, hence the need to provide accessible, affordable, rights-focused alternative media, ICT and enabling infrastructure. This project will benefit communities in both urban and rural areas with a particular emphasis to disadvantaged communities/those who are most affected by social injustices.

Call for Proposals(CFP)

This call for proposals/concept papers invites applications from organizations in East Africa (Burundi, Kenya, Rwanda, Tanzania and Uganda ), both registered and unregistered (provided the unregistered organizations are fiscally hosted by registered organizations). Applications are restricted to initiatives that aim to achieve any/all of the following;

1. Intermediation of Knowledge i.e.

* make knowledge from research institutions and other knowledge generating institutions easily accessible and usable by local communities e.g through dissemination of research findings and/or translation into simplified versions and/or local language versions

* link research to advocacy for positive change
* Strengthen the competence of the human rights and social justice sector to produce popular versions of documents.

2. Promoting evidence based advocacy and planning initiatives e.g.

* Bringing to the fore realistic indicators of poverty and other social inequalities
* research on how policy makers use local knowledge while making laws relating to human rights and social justice
* policy and legislative campaigns aimed at enhancing the capacities of people to own and participate in grassroots based development and poverty reduction initiatives

3. Strengthen Existing Community Media (Urban and Rural Community Radios and Community ISPs/Telecos) through

* Support to acquire equipment for quality community media services
* Internal capacity building of community media to push for realization of Social justice at the grassroots level
* Development of human rights and social justice content for community media
* Solidifying links between Community Based Organizations and community media
* Raising awareness of national issues at the grassroots level and linking of grassroots issues with national policy level discourse through utilization of community media

Application Requirements

Interested organizations should submit either project proposals (not exceeding 5 pages), or concept papers (not exceeding 3 pages). The proposals/ concept papers should be in English or French, and guidelines for Akiba Uhaki concept papers and proposals are available on the website: www.akibauhaki.org. Each proposal/ concept paper must be accompanied by the following additional information:

* Two (2) letters from endorsers (human rights and social justice experts, credible organizations, previous funders, government officials, etc)
* bank account details;
* confirmation from host organization (where applicable) that it accepts hosting responsibilities; and
* a budget not exceeding US $10,000.

Any application that is incomplete or fails to meet the above requirements will be disqualified automatically.

Technical Evaluation Criteria:

Proposals/concept papers will be reviewed by a multi-disciplinary panel of staff at Akiba Uhaki and the following will be the key considerations:

* Quality of proposed idea
* Relevance and responsiveness to the CFP
* Clarity in analysis of the problem and the root causes the proposed project seeks to address
* Clarity and viability of strategy and tactics proposed to address the root causes of the problem
* Innovativeness and creativity i.e. Pursuit of new ways to reach audiences, engage citizens and explore new platforms
* Organizational capacity

Upon notification, applicants with good concept papers will be required to develop them into full proposals.

Suitable proposals/concept papers proposal should be sent electronically, mailed or hand delivered to the undersigned by August 15th, 2010. Applications received after this date will not be considered.

The Program Coordinator,
Akiba Uhaki Foundation
Wing 3C, K-Rep Centre, Kilimani
P.O Box 27161100100, Nairobi, Kenya.
Fax: +254 (020) 3861576
Tel: +254 (020) 2441204/2441196
Cell: +254 (0) 722 659 364/731 465 660
Email: info@akibauhaki.org

Proposals/concept papers submitted under this Call for Proposals must contain this reference: REF. NO. 001/AUF/CFP/2010/EAST AFRICA:

KENYA: LEST WE FORGET, THE PRIZE OF REFORMS!!!!

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Because we tend to have such short memories, it is good to remind ourselves of the darkness that anti reform can lead to. In this article, sample the feelings of politicians Raila Odinga, James Orengo, William Ruto, media owners, civil society and Kenyans at large.

http://rds.yahoo.com/_ylt=A0geu1s3KTtMtvAA3O5XNyoA;_ylu=X3oDMTEzNXEwdnN1BHNlYwNzcgRwb3MDNQRjb2xvA2FjMgR2dGlkA0g1OTJfMTM5/SIG=12hk07k60/EXP=1279031991/**http%3a//www.standardmedia.co.ke/InsidePage.php%3fid=1144001866

Freedom of the media is what the draft constitution envisages for Kenyan media, which shall free the media from the draconian laws and muzzling by government. The notorious libel used to settle political scores with journalists will be checked by article 34(2)(b) which politicians have turned into a cash cow. The media freedom is guaranteed by 34(2)(a) where state shall not interfere with media freedom’s of broadcast, production and circulation of any publication or dissemination of information.

The kind of things that happened to The Standard Newspapers will never happen as the law prohibits the impunity the kind Michuki visited on the Standard.

Freedom of the media;

34. (1) Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in Article 33 (2).

(2) The State shall not—

(a) exercise control over or interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or

(b) penalise any person for any opinion or view or the content of any broadcast, publication or dissemination.

(3) Broadcasting and other electronic media have freedom of establishment, subject only to licensing procedures that—

(a) are necessary to regulate the airwaves and other forms of signal distribution; and

(b) are independent of control by government, political interests or commercial interests.

(4) All State-owned media shall—

(a) be free to determine independently the editorial content of their broadcasts or other communications;

(b) be impartial; and

(c) afford fair opportunity for the presentation of divergent views and dissenting opinions.

(5) Parliament shall enact legislation that provides for the establishment of a body, which shall—

(a) be independent of control by government, political interests or commercial interests;

(b) reflect the interests of all sections of the society; and

(c) set media standards and regulate and monitor compliance with those standard.

Otieno Sungu.
UKWEL WA KATIBA UJULIKANE, UWONGO

USA: emancipation proclamation celebrated

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McIntosh Park, located in one of the cities of S.W. Ohio, USA, today is the site of festivities and a modest sized carnival. The park is in a part of town where the population majority is are Americans of African ancestry.

The occasion for today’s weekend festivities does memorialize a national historical occasion worthy of recalling. Specifically, during the 1860,s Abraham Lincoln, USA president, signed the emancipation proclamation. It stated that humans held as slaves in the southern states could now go free; military and forces of the north, would assist them them realizing that stratus.

The time was that of war between the states of N. America, a rather tragic and destructive affair The loosing side suffered the death of 1 out of 4 of its male people between the ages of 10 and 65.

In the period afterward, the victorious north passed and ratified a related constitutional amendment. It stated that it was no longer lawful in this nation for humans, except in punishment for crime, to be held in bondage or as property.

There is a need to not be let the joy overcome vigilance, though, unlike the statement of one lady there using the public address system.

“Free Now – – once and forever”, she said.

We need, though, to be continually on guard,not to be again overtaken, by threats to liberty for all persons.

Sincerely,
awm

ICC: Ocampo appeal to the authorities to assist ICC in arrest of criminals

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By Leo Odera Omolo

INTERNATIONALCriminal Court Chief Prosecutor Luis Moreno-Ocampo has called for public and diplomatic support in the execution of arrest warrants issued by the court.

He also wants the severance of non-essential contacts with persons wanted by the court.

In his address to the ICC review conference that opened at Speke Resort Munyonyo yesterday, Ocampo also called for the cutting off of supply networks to such people, and provision of support for arrest operations.

Former UN Secretary General Kofi Annan and ICC prosecutor Luis Moreno Ocampo attending the opening of the ICC conference

“There is need for consistency. Massive crimes require a careful plan. Certainty that these crimes will be investigated and prosecuted will deter crime and protect the victims,” he said.

“Arrest has become the biggest test for states parties. Some individuals, sought by the court, are enjoying the protection of their own militias. Others are members of governments which shield them from justice,” he added.

He warned that no military commander or top political leader will be beyond the reach of the growing shadow of the ICC that has covered 111 states.

The court, Ocampo noted, has issued 13 arrest warrants and one summons, each of them against top leaders of groups that are alleged to have committed crimes.

He also noted that in terms of crime prevention, armies all over the world are adjusting their operational standards, training and rules of engagement to the Rome Statute.

Ocampo said the goal of the statute was to ensure that impunity of crimes discussed would never happen again.

“We are meeting to ensure that states parties guarantee respect of the rights of victims in the Democratic Republic of Congo, Uganda, Central African Republic, Darfur, Kenya and elsewhere.
“Victims of atrocities will not be ignored again. It is time to show how the law is implemented.”

He boasted that the challenges faced by the statute today, were not a product of failure but of success.

ICC President Judge Sang-Hyun Song said the development of the ICC has exceeded expectations.

“When the Rome Statute was adopted in 1998, the most optimistic observers expected it would take decades to enter into force. Yet, more than 60 states ratified the statute in less than four years, bringing it into force,” he said.

Ends

Kenya: Judge Joseph Nyamu verses Judge Ibrahim Mohammed-Mirror Mirror on the wall??

2 Replies

Law and legal experts, your indulgence is sought here. Who delivered what can be said to be Solomonic wisdom with regard to our constitution in the case of the Kadhi Courts? It is a matter that needs scrutiny because we have been crying about the rot in the judiciary, this is a test case to actually pause and ask ourselves; a tale of similar suits, a case of two differing judgements.Somebody is sleeping on the bench.Somebody is not telling the truth as per the provisions of the current KATIBA, who??? Joseph or Ibrahim?

Are thy Lords using the same set of the constitution or is it a case similar to the draft KATIBA where there are two, one a sabotage attempt and the other the actual one? If so, how so is it that they can be worlds apart on what the position of the constitution is on this matter at this point in time and given the prevailing circumstances?There is the letter of the law and the spirit of the law, who captured both?

Is it possible that they can interpret the constitution is such varied ways? If so, does it mean there may be several differing rulings to a similar situation?

Is justice being miscarried by our very own judiciary?

Who, pray learned friends, can be vindicated by the constitution itself? I am not just talking some greenhorn Otieno Sungu here, I am talking some “grey haired” fellows who should be full of judicial wisdom and experience aided by the sanctity of the constitution.

Otieno Sungu.
Juba-Southern Sudan

RWANDA: NATION ON STEADY PATH TO RECOVERY AFTER THE GENOCIDE

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BY JEFF OTIENO – IN KIGALI RWANDA

After loosing over 1 Million people in the 1994 Genocide pitting HUTU and TUTSI’s tribes Rwanda is bracing the odds to once again redefine its destiny.

During the genocide, all the key sectors like Health, Judiciary, Education, Transport among others crumbled.

The government of President Paul Kagame has flexed its muscles and opened doors for foreign investors to invest freely in his country without coercion or intimidation.

During a visit to Rwanda of Kenyan youths and journalists which was sponsored by PEACE and HOPE FOUNDATION which is a brain child of former foreign affairs Minister Raphael Tuju who was also in attendance, it emerged that over 49 journalists were massacred.

The foundation aims to promote peace and hope among the youths across the continent and to empower them to face the future with glimmer of hope.

Also in attendance at the foreign affairs conference hall to grace the occasion were Minister of youths affairs and the Permanent secretary for East African Community.

Post genocide media industry has however given hope and sigh of relief to many practicing journalists in Rwanda. The country has 20 radio stations, 70 prints (1Daily Newspaper) and 1 TV station which is state owned but the figures are set to skyrocket, thanks to article 34 which underlines the freedom of press and information.

There is also an I.C.T bill in parliament which if approved will ensure that hate speeches in the country is curbed or curtailed.

Rwanda is going to the general elections in August 9th and according to a senior foreign affairs official who talked to the press on a condition of anonymity, all the mechanisms have been put in place by the government to ensure that the whole process is free and fair.

In a bid to restore order and give justice to genocide victims, the government in 30th August 1996 formed GACACA courts. Its other objective is to disclose the truth of the genocide events, speed up trials, to eradicate the culture of impunity, to recommend and strengthen unity and to show that Rwanda can solve their problems on their own.

GACACA judges are called “INYANGAMUGAYO” meaning people of integrity and they are elected by the people. GACACA has so far investigated and prosecuted 6000 files out of 120,000 files which the majority feels is below expectations but the judges interviewed are optimistic.

The magnitude of Rwanda genocide is manifested in Kigali memorial hall which was established in 1999. It is home to over 258,000 unclaimed remains from various districts in Rwanda. Inside the magnificently built centre are chambers of heavily battered human skulls, video footages of harrowing encounters at the height of war among other related archives.

Its interesting and imperative to note that majority of the population feels strongly that the church was to blame for some of the animosity and brutal deaths.

They gave an example of a priest of a local church who ordered for the killing of over 2000 people who had taken refugee in the church precincts. Rwanda has a population of about 11,000,000

——- END——–

Kenya: KADHI COURTS – – MUSLIM INSTITUTIONS

2 Replies

From: sang kip

Millicent:

Kadhi Courts will litigate Muslim cases only. Muslims refers to members of the Islam religion. You lie when you say Kadhi Courts are not religious.

By the way no Christian is opposed to establishment of Kadhi Courts by Muslims for their religious sake but we are opposed to having it entrenched in a constitution written for a country that has diverse religious groups.

When Christians are depicted as intolerant for saying NO to Kadhi Courts in the constitution the country is misled. Christians has never and will never be intolerant to other religions. In fact it is Islam that has a rich record of intolerance. Many Christians are languishing in jails in Burma, Iran, Iraq and no one can profess Christianity openly in Saudi Arabia today. Go to Somalia today and say you are a Christian and you will never live to witness what will follow thereafter.

One Ayaan Hirsi Ali [former Muslim] in her book Nomad has exposed how Islam persecutes people of other faiths and women. We see intolerance in Jihad where religious zealots are fighting to force non-Muslims to convert to Islam. Now those Jihadists fight for a god they say is merciful. How come Allah is merciful yet his followers are brutally intolerant?!

Calling Christians intolerant is uncalled for. What Christians are saying is that all religions should be equal before the supreme law of the land. Let the Muslims have their Kadhi Courts out of the constitution. Tanzania has Kadhi Courts out of the national constitution. What is so unique in Kenya such that Kadhi Courts should be entrenched in the national constitution?

If what Christians are calling for is intolerance then the word intolerance has lost its true meaning.

Kenya: Bad timing on Kadhi Courts ruling

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Bad timing on Kadhi Courts ruling

If the case challenging the inclusion of the Kadhi courts was filed by the Church 6 years a go, why did it take so long to come up with a ruling? I think the judges are joking with the minds of Kenyans now that we have a big debate about the enactment of a new constitution.

The Kadhi court in the proposed constitution is one of the contentious clauses that have almost polarized the Country. This ruling will set the Church on a jubilation mode unless legal experts move in with speed to provide direction and guide the nation on how this will affect the coming referendum.

Indeed, this latest development is likely to add insult to injury to an already polarized nation over the proposed constitutional debate. The timing of this ruling is suspect, biased, unfair, and wrong and against the reforms our nation desperately need.

Its true our nation need an independent judiciary but when they take 6 years to deliberate on a case and make a ruling when we are few months to the referendum, it reflects that our judges do not want Kenyans to achieve the reforms that we desperately need through the enactment of a new constitution.

May legal experts guide the nation in this latest development from our justice system to avert a constitutional crisis.

Joseph Lister Nyaringo, New Jersey USA

KENYA: SPEAK TRUTH TO POWER

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From: Afreeka Unite

Greetings,

We write to inform you that AAPRP, RAS Foundation, UPePO, The Liberators, Fahamu, Oxfam, UNMC and KHRC will be holding a celebration of the 52nd African Liberation Day on the 25th May, 2010 at the Nairobi Safari Club-Lilian towers from 2pm – 8pm.

In line with the unreserved call for the unification and emancipation of the African people, the event will run through various themes;

Speaking truth to Power
Celebrating Women’s contribution to African Liberation and Unity.
Afreeka for Afreekans
While commemorating the life and works of departed African revolutionaries, the event will also provide an open space for dialogue and expression on local and international issues affecting the African struggle towards self-determination.
Invited speakers will include Prof. Anyang’ Nyong’o, Wahu Kaara, Mwandawiro Mghanga, Wachira Mamluki & Keli Musyoka. There will be performances by Dr Dan, Sam Ondieki, Poet, freeMAN and Tempa Tella.

We therefore take this opportunity to seek your participation in this significant conference. Please confirm your attendance by 24th May, 2010.

For more info contact: 0720-662650 (Agwambo),email: agwambo8@yahoo.co.uk

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Mexico: How that nation treats illegal aliens

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from Taras

Is the president aware that in Mexico, police are “required to demand that foreigners prove their legal presence in the country before attending to any issues”? …

“Migrants in Mexico are facing a major human rights crisis leaving them with virtually no access to justice, fearing reprisals and deportation if they complain of abuses,” said Rupert Knox, Mexico Researcher at Amnesty International. “Persistent failure by the authorities to tackle abuses carried out against irregular migrants has made their journey through Mexico one of the most dangerous in the world.”

The migrants, who are usually attempting to make their way through Mexico to the United States, suffer kidnappings for ransom, robbery, and rape. Mexico’s National Human Rights Commission reports that nearly 10,000 were abducted over six months in 2009. Almost 50 percent of victims said that public officials were involved in their kidnapping. Amnesty [International] estimates that six out of 10 migrant women and girls experience sexual violence. …

Mona Charen: Getting Lectured on Human Rights by Mexico

http://www.townhallmail.com/
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http://townhall.com/columnists/
MonaCharen/2010/05/21/getting_lectured_on_human_rights_by_mexico