Category Archives: Human Rights

Kenya: Citizen Moi verses the Dictator Moi.

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If you hear citizen Moi talking about KATIBA, the way he explains how we must get a good Katiba to be peaceful, you would be forgiven for imagining this has been a crusader of human rights and social democracy all his life.

It would never cross your mind for a minute if you are a visitor in Kenya for the first time and never heard of Moi that this is the very demagogue who presided over the erosion of our democracy and social fabric, the man in whose hands social injustice crept into Kenya through his very inept leadership.

Moi, you would not fathom, is the father of corruption, impunity and degradation of our institution,( the godfather of psychophancy that some politicians have never been cured of) to the extent that we are now reshaping our constitution to build the very institutions he broke down over his 24 years of presiding over human rights abuses, torture, maiming, murder and wanton theft of public resources.He eroded the very constitution we are embarking on changing by his road side declarations, systematic deconstruction of the Judiciary and Parliament to the extent that these became irrelevant in Kenya until recently(at least for Parliament, Judiciary has never recovered).

For such a man to be even heard in public “advising” what he had 24 years to achieve and only succeeded in incarcerating those who fought for what he claims to be fighting for now is an irony that even the devil incarnate cannot understand.

Citizen Moi needs to shut up, he has no fragment of any morality to even open his mouth where discussions veer to topics such as good leadership, good governance and human rights.Otherwise, the government may be tempted to deal with Dictator Moi the way all dictators are dealt with.

Otieno Sungu.
Juba-Southern Sudan

ICC: Six to be tried at The Hague

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Folks,

We are getting somewhere. Keep on Praying and lighten your hopes high.

We know they are more than six, but, yes, we have six on hand. Good News.

Cheers !

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

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Six to be tried at The Hague

In Summary

The individuals will be those who bear most of the blame for chaos, says Ocampo

Six key architects of Kenya’s post-election chaos will be prosecuted at The Hague, International Crimes Court chief prosecutor Luis Moreno-Ocampo told a government team on Monday.

However, Mr Moreno-Ocampo is said to have declined to name the individuals during a meeting with a Cabinet committee set up to facilitate ICC investigations.

Sources at the two-hour meeting at Harambee House said the prosecutor laid his investigations plans before the committee chaired by Internal Security minister George Saitoti.

He is said to have stated that other key players in the chaos should be handled at the International Criminal Tribunal in Arusha.

Investigations

“He told us that he will eventually take six individuals to face charges at The Hague. But he refused to disclose any names to us,” said a source close to the talks.

The names, he told the meeting, would be an outcome of the investigations he has launched and not necessarily those mentioned in the Waki Commission and the Kenya National Commission on Human Rights (KNCHR) reports.

The prosecutor is said to have hinted that he will register two cases involving the six individuals at The Hague either in September or October.

Members of the government team at the talks were ministers Saitoti, James Orengo, Moses Wetang’ula and Attorney-General Amos Wako.

The team – which also includes ministers Mutula Kilonzo and Amason Jeffah Kingi – was formed by President Kibaki and Prime Minister Raila Odinga to deal with all issues relating to the ICC.

Speaking after the meeting, Prof Saitoti said: “We have had a cordial meeting and the government will cooperate with the ICC investigations.”

Mr Moreno-Ocampo was meeting the government team for the first time since he arrived on Saturday to start investigations into the post-election violence that followed the disputed December 2007 presidential election results.

At least 1,133 people were killed and another 650,000 displaced from their farms. The prosecutor has said those on the list include leaders from PNU and ODM, business people and civil servants who were closely linked with the politicians.

Mr Moreno-Ocampo arrived at Harambee House at 3pm from the Serena Hotel, where he had attended a meeting with Postmaster-General Hussein Ali and Administration Police Commandant Kinuthia Mbugua. Mr Ali was police commissioner during the chaos.

Meanwhile, 25 civil society groups are to meet Mr Moreno-Ocampo in Nairobi today to give their account of the poll chaos.

“Most of these groups have been working with victims and witnesses of the chaos at grassroots level,” said Mr Ken Wafula, executive director of the Eldoret-based Centre for Human Rights and Democracy.

– Additional reporting by Barnabas Bii

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Ocampo in quiet talks with victims

By PETER LEFTIE

International Criminal Court chief prosecutor Luis Moreno-Ocampo met victims and potential witnesses of the post-election violence shortly after flying into Kenya on Saturday.

Mr Moreno-Ocampo heard first-hand harrowing tales of those who lost loved ones, suffered injuries, lost property and were run out of their homes by marauding gangs at the height of the violence that rocked the country in the aftermath of the disputed 2007 election.

Safety of victims

The meeting with about 30 people was kept out of the glare of the media to ensure the safety of the victims. A source present at the Sportsview Hotel, Kasarani, said Mr Moreno-Ocampo “spent a considerable amount of time with the victims listening to their ordeals, posing questions to them and also responding to their queries. Many of them wanted to know whether justice will ever be delivered”.

The prosecutor later declared that he expected to finalise investigations and ask for warrants of arrest against key suspects within six or seven months. A source familiar with Mr Moreno-Ocampo’s itinerary, but who cannot be named because of the sensitive nature of the investigations, said the prosecutor met the victims hours after jetting into the country.

He intends to nail those who bear the greatest responsibility for the violence that claimed 1,133 people. Among those who met Mr Moreno-Ocampo was Mr Bernard Orinda Ndege, whose two wives and nine children were killed at his Naivasha home.

The victims, drawn from various parts of the country which bore the brunt of the violence, were brought to Nairobi by human rights groups that have been offering support and protecting likely witnesses.

Protect witnesses

The prosecutor repeated calls for the government to protect witnesses at a press conference which he convened on arrival in Nairobi on Saturday morning. He has also offered an audience to people who feared they may be in the still secret list of 20 top suspects he handed over to the ICC judges when the go-ahead was given for investigations.

So far it is not known if any prominent Kenyans had taken up the offer to meet Mr Moreno-Ocampo. But speaking separately, several politicians adversely mentioned in the Kenya National Commission on Human Rights (KNCHR) report on the violence said they had no intention of meeting the prosecutor because that might be taken as an admission of guilt.

Mt Elgon MP Fred Kapondi, Uasin Gishu politician Jackson Kibor, former MPs Jayne Kihara and David Manyara said they would not meet Mr Moreno-Ocampo unless formally asked to do so. However, Nyatike MP Edick Anyanga and his Migori counterpart John Pesa said they were willing to meet the prosecutor to clear their names.

The ICC prosecutor says he is determined to seek the court’s authority to try between four and six suspects by the end of the year. Separately, Energy minister Kiraitu Murungi said it was impossible to stop the ICC prosecutor from conducting investigations into the violence.

Reacting to reports that the PNU wing of the coalition government had attempted to block Mr Moreno-Ocampo’s Kenya mission, Mr Murungi stated: “The moment we failed to set up a local tribunal, we subjected ourselves to ICC; it is too late to stop him now”.

On Sunday, the Nation reported how bitter differences between ODM and PNU derailed attempts by the government to stop Mr Moreno-Ocampo from visiting the country. A letter by Lands minister James Orengo to the chairman of a Cabinet committee dealing with the ICC matter, Internal Security and Provincial Administration minister George Saitoti, forced the government to drop attempts to block the visit.

The May 6 letter copied to Justice minister Mutula Kilonzo, East African Cooperation minister Amason Kingi and Attorney General Amos Wako, warned that Prime Minister Raila Odinga’s ODM would reject any move to derail the investigation that was not sanctioned by the full Cabinet.

At the same time, Mr Moreno-Ocampo has assured suspects of the post-election violence of impartiality. Speaking when he met civil society groups, victims and general public at the National Museums on Sunday Mr Moreno-Ocampo sought to allay fears that particular communities were targeted by the investigations.

“We shall not be suspect-driven but crime-driven in the investigations,” he assured the country. There has been reported unease in the Rift Valley where most of the atrocities took place. Fear has gripped the province following reports that perpetrators of the violence, including prominent politicians and businesspeople, would be handed over to the court in The Hague.

Mr Moreno-Ocampo said he would follow the law in his investigations without prejudice, emphasising that he would go for five or six suspects who bore the greatest responsibility. “We shall be impartial, 100 per cent impartial. This is the law, we have to follow it,” he said.

He added that the names of the suspects would only be disclosed once he has gathered sufficient evidence. He will also meet with the suspects prior to presenting the evidence, he added. Investigations would also take place in confidence, he added.

Additional reporting by Walter Menya

KENYA: INTRODUCTION OF SHERIA LAW IN THE DRAFT CONSTITUTION: What is your responsbility?

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Dear Kenyans

Now I can speak my mind. The road has terminated into the sea and no one knows what is yonder. Kenyan members of Parliament have gimmicked for personal and non personal interests and the verdict simply put is “We are confused”. Like Jesus said, “Father forgive them for they do not know what they are doing”, so do I.

First, my main bone of contention is in Chapter ten entitled “THE JUDICIARY” and part 3 where we have the “SURBODINATE COURT AND THE KADHI’S COURT” and KADHI’s court is further given prominence. The statements under the judiciary lacks a broader statement of purpose that could have made the requirements for establishment of other courts irrelevant.

As seen in the United States constitution, the judiciary is defined by a broader statement. Here it is

“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects”.

The description of the judiciary purpose under the Kenyan constitution is vague at best and when that happens then we end up confused and add things that basically will strangle our society in the near future. The reason for the existence of these other courts including the Kadhi courts then appear as if they are absolutely necessary and yet they are not.

It now appears ladies and gentlemen that we as Kenyans absolutely need Kadhi’s court and hence will have to pay for their services and yet this is absolutely not true. If we are creating Kenya as a secular society then the laws of Kenya should not prescribe to religion or tradition but to the nation in such away that it caters to individual rights not religious laws.

When we are creating a constitution then we must ask tough questions. Is Kadhi’s court absolutely necessary? Can we have a constitution without it? If so then it must be removed. What do these courts cater for that the Kenyan court cannot?

Many will state that people who ask these questions are simply Christian fundamentalists who are bent on trampling on the rights of the Muslims and I disagree. The rights of Muslims, Christians and traditionalists are catered for in the right to freedom of religion and association. The reason for creation of Kadhi courts is as confusion as those who decided to insert them here. It will cause problems in Kenyan very very soon because it puts the passion of other religious groups into question and wakes up the old rivalry between Christianity and Islam. This is not a Kenyan problem. It should not be dragged into Kenya under the disguise of a new constitution.

If Muslims want to marry many wives and the supreme court does not have that provision then what should be discussed is whether Kenyans would like a constitution that gives freedom to marrying many wives. Kenyan people should be given an opportunity to decide if they want to include a whole religious law just because the religion practices something that contravenes the law of the land.

I refuse to accept the Kadhi courts section because it recognises Islam and refuses to recognise Christianity. It is like recognising gay rights and ignoring heterosexual rights. You cannot fail to recognise the majority but do so to the minority and yet claim that you are a government of by the people and for the people. Practicing Islam as a religion is a civil rights issue but entrenching Islamic law/Sheria law/Kadhi courts in the constitution is not a civil rights issue. It is fundamentalism introduced through the backdoor first in the 1960’s leadership wrangles and now through the struggle for the votes of Muslims at the Kenyan coast in 2012. It is absurd that our legislatures are using this section to inflict a guilt consciousness into the minds of Christians. In my view Christians should demand the removal of this section from the constitution. It as simple as including all or removing all. I was hoping that all Christians boycott voting for this draft.

I totally disagree with those who say that this law does not affect Christians and hence they should not worry about it. First, detailed description of things this court will and will not do is at best left vague in the constitution. It is totally uninformed about the Quran / Sheria stipulation that will be the driving engine of the Kadhi’s courts. A Christian who burns a mosque will soon be subjected to a death sentence by Kadhi’s court while it could be just a jail sentence if no lives are involved when the decision is left to Kenyan court system. The Christian will be subjected to Sheria law in this constitution. Fatua will be declared. Do not tell us that “Pili pili usioila yakuwashia nini”. Hii pilipili itaniwasha. Make no mistake about it. In my view the Christians and even moderate Muslims should reject this provision. It is a ground for religious wars and we should nip this in the bud.

Now the legislatures are telling us that “Just pass it, you will amend it later”. Well well, this is the beginning of the mother of wars. The day Kenyans will go to a referendum to remove the Kadhi’s court will be the day all the Muslims in every corner of the world come together to save their brothers from “persecution”. You will see Saudi’s, Gaddafi, Iran etc put their muscle together to fight this amendment. It will also be the day that many Muslims will feel that they are being targeted. This will be the beginning of promoting fundamentalism in Kenya. Fellow Kenyans it is now or never for the sake Kenya’s future. Deal with this law now. Vote no, no, no and no until this section is amended. Doing it now will save us headache in the future.

I think Kenya is going to be an experimental field here as there is no state where these two courts function side by side flawless. In my opinion this section of the constitution is already creating bad blood between Christians and Muslims in Kenya and this my friends is the last thing Kenya would like to see or deal with. We have enough tribal issues to deal with.

In brief, Raila, Kibaki, Kalonzo and the rest will be gone very soon. However, with Kadhi’s court entrenched in the constitution, they are leaving behind a war that will see our children being burned on the streets like we see it in Nigeria day in day out. The coast of Kenya will be dominated by Sheria law and Kenyans who live their will be subject to that law just like Nigeria’s north. It is your responsibility as Kenyan to foresee this calamity and vote no. This, my friends should be the last straw that broke the Camel’s back. As a matter of fact, All Christans and traditionalists worth their salt should vote no on this draft until KADHI’S COURT is removed from the draft.

Dr. Barack Otieno Abonyo

Kenya: Civil society groups vow to back ‘Yes’; Kenya women endorse new law

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forwarded by Judy Miriga

Haya. This is it.

Cheers !

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

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Civil society groups vow to back ‘Yes’
By STANDARD TEAM

Civil society groups involved in peace-building and conflict resolution will push for a ‘Yes’ vote.

At the same time, Deputy Prime Minister Musalia Mudavadi has told the Church the fate of the draft now lies in the hands of Kenyans.

Under the umbrella of PeaceNet, the civil society groups argue the proposed law, if passed, will tame impunity, corruption and enhance equitable sharing of resources.

The group’s Board of Trustees Chairman Michael Muragu said under the current constitution, institutions of governance have been systematically eroded and corrupted to permit political and ethical decay.

Held captive

They asked Kenyans to see the bigger picture and not be held captive to narrow and partisan interests.

In Vihiga, Mr. Mudavadi said the ultimate decision would be made by Kenyans at the referendum as Government and Church representatives failed to agree on contentious issues.

“We have strictly followed the stages and the final is the referendum,” he said.

Speaking after he laid the foundation stone for Jua Kali sheds at Chavakali in Vihiga District, the DPM told the Church that the State would not agree to any amendments.

Meanwhile, 100 people have been denied the opportunity to register as voters in Lamu West constituency following alleged failure to convince Interim Independent Electoral Commission officials that they live at Lake Kenyatta settlement scheme.

The voters, led by businessman Sabir Tahir Said, said many were turned away at Lake Kenyatta in Mpeketoni on claims they had not lived at the village for the last six months.

“We are appealing to IIEC chairman to intervene to help us register,” they said. IIEC coordinator Amina Sudi said the voters were turned away because they do not live in the region and could not show proof of ownership of property in the area.

“I stopped registering them because they could not explain their presence in Mpeketoni and had no property there,” she said.

Report by James Ratemo, Roselyne Obala and Ngumbao Kithi

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Kenya women endorse new law

By OLIVER MATHENGE and JOHN NGIRACHU

In Summary

Ms Karua and Mr Kilonzo ask women to safeguard the gains they stand to get once the new law is passed.

A minister and an MP Friday led women in endorsing the proposed constitution praising the gains that they would get from the new law.

Justice Minister Mutula Kilonzo and Gichugu MP Martha Karua also led women in dismissing the calls by church leaders for the rejection of the proposed law.

Speaking at a national women conference on the constitution, they, however, urged Kenyans to read the proposed law to avoid being misguided by those opposed to it. Church leaders came under scathing attack with speakers terming their assertions as misplaced and misinformed.

“Church leaders must accept that their views and demands have been expressed at every stage of this process and they have not been taken on board. The draft gives an option of the public initiating amendments once it is passed by the collection of a million signatures and I believe that church has this capacity,” Ms Karua told the participants.
She added that every Kenyan has an equal right regardless of their religious or cultural orientation.

Pastoral letter

The former Justice minister also said that the Church was not being sincere pointing to a pastoral letter by the Catholic bishops in 1994 that advised doctors to terminate pregnancies that endanger the mother’s life.

She also said that the clause on abortion in the draft was an improvement of section 240 of the Penal Code that allows medical specialist to save the wife of the mother.

On the kadhis’ court, Ms Karua said that Kenyan laws are based largely on Christian values and therefore the government had the role of ensuring that all other religions enjoy rights that are related to the different faiths.

“Kadhis’ court is not a religion but a subordinate court in the country’s judicial system,” said Ms Karua.

Ms Karua and Mr. Kilonzo asked women to safeguard the gains that they would stand to get once the new law is passed.

Mr. Kilonzo said that the proposed law was not a government process as has been alleged by some church leaders. The minister also alleged that the Cabinet has never discussed the proposed law despite the Tuesday meeting that adopted the draft.

“This is a people driven process and that is why we are asking you to read and vote yes or no. However, do not give Kenyans partisan opinions on the draft in order to encourage them to reject the new law,” said Mr. Kilonzo.

Shut door

Elsewhere, Vice President Kalonzo Musyoka said that the Cabinet had not shut the door on talks between the Church and the State on clauses in the proposed constitution the latter want removed.

He said Tuesday’s Cabinet decision merely affirmed Parliament’s approval of the draft law and not ruled out any amendment to the laws before Kenyans are asked to vote on it.
He spoke at the beginning of a tour of districts that constitute the greater Murang’a, where he led MPs and councilors to drum up support for the draft constitution and to inspect development projects.

“No window, when dealing with the constitution, can be closed…There is still space for dialogue and the Cabinet and the government leadership are all willing to get consensus,” said the VP.

“No country can close dialogue and make progress,” he added.
His position appears to contradict the Cabinet decision communicated via a statement from the Presidential Press Service after the three-hour meeting on Tuesday.

“The Cabinet concluded that it was practically impossible at this stage to amend the Constitution of Kenya or Constitution Review Act in order to accommodate concerns expressed by Christian church leaders and others,” said the PPS statement.

Declare opposition

He spoke a day after the Anglican Church joined the Catholics and churches under the National Council of Churches of Kenya in declaring their opposition to the church.
Mr. Musyoka spoke of his belief that it is possible to convince MPs to pass into law an act that would expressly ban abortion with the removal of the clause the churches’ leaders object to.

The Church objects to the section of Article 26, which empowers doctors to end a pregnancy only if it endangers the woman’s life or she needs emergency treatment. The section reads:

“Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other law.”

KENYA: SHARIA LAW ENFORCED EVEN BEFORE CONSTITUTION IS PASSED

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From: People For Peace

BY FR JOACHIM OMOLO OUKO, AJ

NAIROBI-KENYA

The fact that the Supreme Council of Kenya Muslims in North Eastern Province has banned DStv affirms the allegations by some church leaders claiming that the mention of Islam in the Constitution was a crafty agenda to introduce Sharia law in the country.

The Supkem Mandera branch has not only banned the DStv but also outlawed video dens, blaming them for eroding moral values among the youth and causing poor academic performance. The Supkem also shut down dozens of entertainment spots that air popular video shows and football, “in support of Islamic teachings.”

Even though Information minister Mr Samuel Phogisio criticised the move by the Sheikhs, saying Kenyans subscribe to the service mainly because of the local and international football games broadcast by the station, adding that the ban was a violation of such rights, the fear still remains that when the constitution will be voted ‘Yes’ Muslims may also use it to persecute non Muslims.

In 2007 prior to presidential elections some church leaders had also expressed similar fear when Raila Odinga signed MoU with Muslim leaders, arguing that in doing so he was giving them an ok to introduce Shari’a law if elected.

When the radical Palestinian group was implicated in the bombing of the Jewish owned Norfolk Hotel in Nairobi on New Year’s Eve in1981, some Kenyans had also expressed similar fear that Kenya had already been considered as a soft target by international terrorism experts, but little attention was given.

Even when Fazul Abdullah Mohammed was indicted for planning the 1998 embassy bombings, the Paradise Hotel in Kikambala near Mombasa and the attempt on the Israeli Arkia airliner in 2002 similar fear was expressed, yet no attention was taken.

When in early 2004 the Kenya Anti-Terrorist Police, trained and financed by the United States, were raiding mosques on a tip-off, detaining suspected terrorists all along the Swahili coast the government did not take any action despite the fact that Fazul Abdullah Mohammed warned in time.

The fact that Muslims community in Kenya has not only vowed to fight to the last man standing following what they term as discrimination by the government following an arrest and deportation of Jamaican Muslim cleric Sheikh Abdullah Al-Fasal, are just some early warning signals that Muslims are determined to force their agenda even if the government likes it or not.

Even though Al-Faisal is considered one of the most dangerous persons in the world he was in the country on the invitation of Muslims in Nairobi and Mombasa and had been scheduled to visit various mosques and hold radio shows. Following the arrest the irate Muslims held protest demos in major streets of Kenya capital Nairobi after Jumaa prayers at Jamia Mosque early this year.

This was at the same time the internet had produced a mysterious statement, purporting to come from al-Qaeda, a message, signed by “the Political Office of Qaeda al-Jihad” appeared to claim responsibility for the Kenyan attacks previous week.

It is against the background that Fr. Wilybard K. Lagho who seats in the Pontifical Council for Interreligious Dialogue as consoltor and in the Kenya Episcopal Conference Ecumenical Commission, Nairobi argues that with entrenchment of Kadhi’s courts Muslim leaders in Kenya need also to safeguard the true Islamic faith from being hijacked by some Saudi Arabia sponsored puritanical Muslims who appear to be advancing sectarian agendas in the name of Islam in Kenya.

Some Mosques in Kenya today like in many parts of the world he argues have become channels for perpetuating hatred against the so called “enemies of Islam”, which includes all people outside a specific Islamic sectarian group, Muslims and Christians alike.

That is why Muslims have yet to demonstrate to Kenyans how exclusion of the Kadhi’s Courts from the new constitution will affect their faith- if not meant for attacking other religious faiths or use it to make their own laws and parallel government.

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.ppa.or.ke

Kenya: Fw: The Kenya Constitution; KADHI COURTS; the media;

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Sent by Antony mwangi

— Frederick Ngure wrote:

from: Frederick Ngure

Kenya Constitution: It’s NOW or CRY forever!

Dear Friend,

If anyone is in doubt as to the intentions of the Kadhi courts in the Kenya constitution, this article in the Daily Nation ought to be a wake up call as what Kenya might be a year from now if the kadhi courts were allowed to remain in the constitution. Could this be the sign of things to come?

Read it for yourself: SUPKEM BANS Dstv IN NORTH EASTERN :


http://r20.rs6.net/tn.jsp?et=1103343482416&s=102
&e=0013PM4ye5Aur_VfQHCXNT_RlHG3pecwlMFAxNrnSAm0CJni
00Vw9HVkpjmabVPW8Fb3jzV3xxlKoVAQl4uLX3Xglfv8oaMEFLU
iqYN6KEcl-cQzh6p1yVqqpISE1oUIVwYnKUXporzI9V9G0_L-Eh
CkDNIzOqo7NObsDZgfARLJdPs9OV49dg42593ErCFSQ0v-35FWu
yQxlakESqHiSw7EV0ZHX9nIo37JMLM5BCprloxzmXwU95jlN8Ry
Poll5gNyFKBMazZYr7tWltxPey3qGextnuVgZwjWrKCN13M3SQ=

What will they ban next, churches? Christians must pro- actively take their stand and firmly say NO to the Kadhi courts and abortion rights being enshrined in the constitution!

Read more in the Featured Article below.

Your co- worker in Christ.

Dr. Stan Wangenye
Eagles’ Gathering Christian Centre,
LONDON, UK
www.eaglesgatheringcc.org.uk

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Featured Article:

LIES THE MEDIA ARE SPREADING REGARDING KADHI COURTS

If ever there was ever a case not only for prayers but also for action over the Kenya Constitution, it is now more than ever! I urge you to read the following article and I pray it galvanizes you to mobilize every single Kenyan in the sphere of your influence. We MUST STOP this constitution being adopted as it is, during the referendum. The consequences of it going through as it is will be catastophic and almost irreversible. Again I urge you to prayerfully read this article and do what the Lord Jesus Christ will have you to do for the future of Kenya.

PICTURE THIS

It is five years from now and the Kadhi courts have been operational for the same period. Your uncle is crying, the government has just forcibly repossessed his land and is planning to compensate him for less than his land’s worth. He seeks your advice about taking the government to court to get market rate on his land but you advise him against it. To your surprise the government begins to construct a mosque on what was formerly your uncle’s land. On completion you are informed it’s not a mosque but a Kadhi court. It begins operation and the compound is full of GK vehicles. A convoy arrives with GK vehicles complete with GK drivers and GK body guards. What appear to be Muslim clerics disembark from the GK vehicles. You are informed that these are the khadhis. They are now government Islamic judicial officers (what a contradiction, you think). You draw nearer to get a closer look and the guards inform you that this is an Islamic institution and you should therefore keep off. You leave wondering how your constitution came to allow the government ( Kenya now has a Muslim president) to build and fund a Muslim religious institution. You go to church the following day, eager to share what you have seen with fellow Christians. You find the gate locked and a big crowd outside. You notice the Pastor and you draw near to him. He tells you and others that the government has closed the church because of its proximity to the Kadhi court. He has been informed that the court is constitutional and the church is not, therefore the church must give way. He may rebuild the church at an appropriate distance so as not to disrupt court proceedings, and no, it doesn’t matter what came first only what is constitutional.

This is not a fantasy; this may be the reality if the Proposed Constitution is adopted.

LIES THE MEDIA IS SPREADING ABOUT THE CONSTITUTIONAL KADHI COURTS AND ABOUT ISLAM:

LIE NO 1. – The Kadhi courts have been retained in the proposed constitution as they are in the current constitution. This is a blatant lie. Nothing could be further from the truth. The truth is that the jurisdiction of the Kadhi court in the current constitution is restricted to the 10 mile coastal strip stretching from the Indian Ocean . This was the territory that formerly (before independence) belonged to the Sultan of Zanzibar. This area did not belong to the British and was therefore referred to as the British Protectorate. This area is currently referred to as the former British Protectorate. Furthermore in the Bomas Draft and in all other drafts except the Proposed Constitution, the jurisdiction of the Kadhi court is restricted to this 10 mile coastal strip. In the Proposed Constitution the jurisdiction of the Kadhi Court will be nation wide. I hold that there is a big difference between a ten mile coastal strip and nation
wide.

LIE NO 2. – The Kadhi court will not affect you if you are not a Muslim. This is a barefaced lie. You must not believe it. The courts will affect everything in your life. You may even find yourself without a place of worship as in the story above. Your taxes will pay the Kadhi and his staff. If each Kadhi gets a million and you add construction and other expenses, they could be taking off a clean 20 Billion from our national budget. They will use GK vehicle, they may take your land for construction of the courts.

LIE NO 3. – The Muslim “brothers are friendly people who mean no harm”. This is the biggest lie of all; Muslims are sworn enemies of Christians. Their faith encourages them to lie to kafiris. (Non-Muslims) and to kill kafiris who get in the way of their religion. In Islamic nations, like Pakistan , a Christian can be arrested and jailed for preaching. Here in Kenya , we seem to be rolling the red carpet for the Muslims. Take a look at the Islamic nations around us; see the kind of violence we are inviting.

LIE NO 4. – That having Constitutional Kadhi courts in Kenya is purely for sorting out family matters between practicing Muslims. This is also a lie; the plan of constitutionalizing the Kadhi courts is a part of the Abuja Declaration for the Islamatization of Africa. It is not an isolated incident. It happened first in NIGERIA . Today in Nigeria , pastors have to buy guns and hire people to guard churches, but our “Muslim brothers” are still managing to burn some of them.

LIE NO 5. – That all religions will be equal before the eyes of the law. This is the mother of all lies. The CEO deleted the clause” THE GOVERNMENT SHALL TREAT ALL RELIGIONS EQUALLY” This clause was present in the bomas draft , and in all subsequent drafts, but it was deleted by the Muslim headed COE to make way for the elevation of Islam from the proposed constitution. Christians be warned, the only religion in the proposed constitution is Islam. Christianity doesn’t even get a mention. Do not be deceived, they are trying to sneak in Sharia Law through the back door. Ask yourself, why would they delete this clause unless the opposite is true?

LIE NO 6. – That the amendments can be done after the referendum. This is probably the most shameless lie of all. The truth is that one requires a million signatures to petition a clause, a 2thirds majority in both the upper and lower houses and a referendum to change a single clause in the Protected Articles. Kadhi courts fall under the article on the judiciary which is protected and Abortion fall under the Bill of Rights which is also protected. They are making a fool of us. If we swallow this, they will soon be laughing all the way to the Consolidated Fund and the Treasury.

LIE NO 7. – This is the best proposed constitution so far, the let church not be a wet blanket by spoiling it. This is merely a guilt card and they should know better than to pull this one. This is not the best constitution so far, in fact it is the worst. It has a host of hidden clauses insert by individuals and groups of individuals with sectarian interests. These clause are so disguised one requires an international law degree just to recognize them. Take the clause on abortion for instance. This is the same clause that was used in the UK to legalize abortion. Whoever came up with the clause must not only be well informed but also very conniving.

SOME ALARMING DEVELOPMENTS HAPPENING IN KENYA AS YOU READ THIS

1. Do you know why government is yet to release the results of the census which ought to have been released ages ago? The reason is not only shocking, but alarming. It is because persons of Somali ethnicity now out number any others in Kenya . Experts are saying this kind of increase can only be explained by immigration not birth. In a case of too little too late, the government has now stopped admission of children into public schools without birth certificates to curb illegal immigration. The question is, what about all those Somalis that now hold illegal ID, what they are going to do about them. The government has already lost cases in court against these illegal ID holders. Our courts appear to hold the view that a national ID is sufficient proof of citizenship .Somalis are 99.9% Muslim. As you read this, these illegal ID holders are now busy being registered en mass as voters by a Muslim-headed IIEC. You still think all is well?

2. Have you noticed that mosques have multiplied ten fold in our neighborhoods in the last 5 years?

3. Have you realized investment by Muslims and Islamic countries have also increased ten fold?

4. Are you aware that the head of IIEC, the PSC, and the COE are all Muslims?

5. Are you aware that our beloved Prime minister has some kind of pact with Muslims?

6. Are you aware that our president as well has some kind of pact with ISLAMIC COUNTRIES?

7. This can only mean Kenya has been targeted to become an Islamic haven. This ought to make you very concerned indeed. They now have the voting power and the money. They are also very united and extremely good strategists.

8. Have noticed the increase of incidences of demonstrations conducted by Muslims for the most minor reasons?

9. Did it capture your attention that for the first time in Kenya , we had demonstrators using guns to attack security officers? Tellingly this was a peaceful demonstration by our harmless “Muslim Brothers”. This ought to concern you.

10. Did you know that according to a recent UN investigation hundreds of Kenyan Somali youth are now fighting alongside the insurgent AL-SHABBAB against the TFGORVERNMENT of Somalia? Do you realize that if history is anything to go by, these youths are likely to come back home and use their experience to instigate plan and execute a parallel insurgency right here in our own country. If this doesn’t concern you, I don’t know what will.

11. Are you aware that our politicians having noticed that the landscape is increasingly Islamic are now falling over themselves to make pacts with Muslim leaders in order to secure their political future?

12. Are you aware that you are now the last hope in this war? The politicians have failed, the civil society has failed, the professionals have failed, and the experts too have failed.

WHAT CAN YOU DO?

Register as a voter and vote NO in the referendum.

Send this email to all Christians you know including the one who sent is to u. you must do this with urgency. Time is far spent and we must inform all before the Islamic propaganda gets to them.

Print out this email and make copies for the friends you have who have no email. Please do this with utmost haste. The future of the future generations of Christians depends on us.

Translate this article into another language. I do not posses the expertise to do this.

Edit the article to your suitability (Add facts I may have omitted or clarify others) and resend to all Christians you know. And please hurry and do not delay.

Keep the article away from Islamic headed commissions and committees and from the Islamic Nation Media.

We understand that this article may be offensive to a certain category of people. If you find this material offensive, please delete from
your computer ASAP.

KENYA: CHURCH LEADERS FROM WESTERN KENYA ASK FOLLOWERS TO MAKE OWN CHOICE OVER DRAFT.

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BY Dickens Wasonga

Church leaders drawn from various independent churches in Nyanza and Western province are now asking their christian followers to read the proposed constitution and vote according to their own wisdom.

Speaking to the press in Kisumu led by the chairman of the Kisumu pastors network Bishop Zephania Ouma Orao said the demand for the removal of the contentious Kadhis courts and the abortion clause has been overtaken by events and urged the NCCK to drop it.

The leaders said it was now time for the church in Kenya to begin to ask its flock to compare what is their preferred choice between the current constitution and the proposed draft.

“This demand for the removl of the Kadhis courts and the amendments on abortion clause has been overtaken by events.time to advocate for the amendment of the draft is over,its time to compare the current constitution and then go for the one which is better.” said Bishop Orao.

He said the church leadership is reminded that in a time like this they need to sound alarm to relevant organs of the state which it has done but not to be seen to be having competing interest with politicians.

The clerics added that the members of congregation were very knowledgeable and are capable of making their own informed choices and proposed that they be given the liberty to do so without being persuaded.

“We ask that there be a countrywide unbiased civic education so that every person be given opportunity to make informed decisions.”

Kenya: Baraza La Taifa has invited you to the event ‘3rd grassroots study of African Charter on Democracy, Elections and Democracy’ on Baraza La Taifa!

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Dear Pan Africans,
The following event will be of much importance to all the Africans,we kindly support and get involved in deliberations on the Africa Charter.
Thank You
C.E.O

Baraza La Taifa
Baraza La Taifa. Kenya

Time: April 18, 2010 all day
Location: Sunrise Rest next to Nakumatt Lifestyle
Organized By: Baraza La Taifa-=Bunge La Mwanainchi

Event Description:
Dear Pan Africans,

This is a reminder that the 3rd grassroots study of African Charter on Democracy, Elections and Democracy
starting at 1 o’clock.

We shall be reading the following chapters:

– chapter 8: sanctions in cases of unconstitutional changes of government
– chapter 9: political, economic and social governance
– chapter 10: mechanisms for application
– chapter 11: final clause

I appeal to you all to come with one or two progressive Pan Africans. Please plan to attend on time.

Yours in the organizing for united Africa,

George Nyongesa
Convenor: Pan African Desk

See more details and RSVP on Baraza La Taifa:
http://barazalataifa.ning.com/events/event/show?id=4707499%3AEvent%3A2580&xgi=0QflNpeTBkOsAc&xg_source=msg_invite_event

About Baraza La Taifa
Baraza La Taifa is a lobby group geared towards,sensitizing /engaging Kenyan to vote YES the draft constitution on august referendum.

KENYA: NO NEED FOR KADHI COURTS IN CONSTITUTION

4 Replies

From: sang kip

The independent Kadhi Courts applied to the ten mile coastal strip and it was about protecting and securing the rights of minority Muslim then.  Why do we have it now when the draft has bills of rights that guarantee protection of all minorities?

Why favor one religion and enshrine its institutions in the constitution? Doesn’t our draft say Kenya shall be secular?

I wonder why matters of religion should be included in a constitution especially during these times when religious radical fundamentalism threatens all major religions.

Catholic and NCCK are justified: The constitution should be secular but guarantee freedom of worship and association.

Let Muslim have their Kadhi Courts but do not enshrine them in a constitution that should be secular.  No matter how their inclusion in the draft is defended they should not be part of the constitution. The issue is not about Islam but rather equality of all religions before the supreme law of the land.

Vilifying Christians on this is not the way forward.

Uganda: Government introduces national identity cards to be issued to its nationals

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The NEWVISION has reported this morning that the German firm, Mühlbauer Technology Group, yesterday unveiled the new national identity card at Hotel Africana in Kampala.

Ritter Mathias, the Muhlbauer programme manager, presenting a specimen of the national identity card in Kampala yesterday

The ID card will be made of polycarbonate (plastic) material. It will have as visible features a picture of the card holder, a signature, date of birth, sex, card number, date of expiry, a thumb print and the national flag with the map of Uganda.

It will have additional invisible features, such as tribe, clan, village, parish, district, details of spouses, with provision of up to four wives, and children.

The sh185b project will first cover the new voters for the 2011 general elections, estimated at 3.5 million people. They are supposed to get their ID cards by October this year.

Under the second phase, Ugandans who are already on the voters’ list, a total of 10.5 million, will have their bio-data updated.

They are expected to get their ID cards in the next two years.
The German firm yesterday kick-started the training of 450 trainers who will in turn train 8,000 operators to carry out the voter registration at parish level.

However, Mühlbauer Technology Group did not respond to media reports which claimed that the price of the project was highly inflated.

The Observer yesterday quoted similar projects in neighbouring Kenya and Tanzania which cost sh53b and sh41b respectively although they have larger populations.

Questions have also been raised about the procurement process. A tender for the ID cards project in 2005 was cancelled by the IGG due to irregularities and corruption.

The three bidders were South African Face Technologies, Indian Contec Global and an Israel company called Supercom. Mühlbauer Technology Group was not one of the bidders.

Instead, the German company bid for the Electoral Commission bio-metric voter registration last year but the process was stopped by the procurement authority, PPDA, in December due to irregularities in the evaluation process. PPDA advised the Electoral Commission to re-evaluate the bids.

However, the commission did not follow this advice and abandoned the tendering process altogether.

Last month, the Ministry of Internal Affairs signed a contract with Mühlbauer for not only the ID cards but also the bio-metric voter registration system.

A third concern raised is about the type of ID card, which uses barcode technology.

The East African Community secretariat as far back as 2008 advised Uganda to abandon that type of technology because it was unsuitable and not compatible with other countries in the region.

“The experts advised Uganda to use the smart card technology which Tanzania has opted for,” said Monique Mukaruliza, the chairperson of the EAC council of ministers, during a session of the EAC Parliament in December 2008.

The smartcard technology uses a chip instead of a barcode. A chip can accommodate a lot more information, such as medical records, criminal records, educational data, driving permits and social security data.
It can also authenticate fingerprints and photographs, which are additional safeguards against forgeries.

“A smartcard is critical for e-government,” an expert told The New Vision.

“You present your card to a hospital and it shows your blood group, medical history, the treatment you are on or the medicines you are allergic to.

“It can also contain A’level and O’level results or the schools somebody attended.”

Asked for a reaction last week, internal affairs minister Kirunda Kivejinja, also the chairman of the security committee handling the project, declined to give details, arguing that the national identification project was a matter of national security.

“This is a national security matter I don’t have to discuss with the press,” he said.

He added that the deal would not be presented before Parliament as some MPs wanted.
“There are certainthings Ido not havetogotothe cabinet or parlimenfor.”

Ends

KENYA: LOW VOTER TURN OUT MARS DAY ONE OF THE REGISTRATION EXERCISE

1 Reply

By: Dickens Wasonga in Kisumu.

Kenyans countrywide yesterday ignored calls by the government to register as voters ahead of the planned national referendum on the proposed constitution.

Even as president Mwai Kibaki headed to his Othaya constituency to register as voter number one, many voter registration centers remained empty in most parts of the country the better part of yesterday.

The exercise, which kicked off in a low key, is the first to be carried out by the Interim Independent Electrol Commission (IIEC) and is set to take 45 days, during which a new voter register will be developed.

According to the commission’s chairman, Mr. Ammed Hassan Isaac, about 10 million Kenyans are targetted to register in the one and a half months exercise, which will see voters who registered previously surrender back their voters cards to the commission.

The exercise is also expected to help the electoral body to clean up the voters register which was used in the past elections, where it was alleged dead voters took part in polls.

The commission however will have to intensify its campaigns to convince the people, who are reluctant to register, if they wish to realise its targetted figure.

Many Kenyans interviwed were categorical that they have little faith in the country’s electoral process, given how the now disbanded ECK bungled the country’s last general election, whose presidential results were disputed vehemently.

Most Kenyans are still agitating for comprehensive reforms, which they believe would eliminate a repeat of the violence which rocked the nation after the 2007 polls, which left over 1000 people dead and another 300,000 internally displaced.

“Why do I need to register as a voter while those in leadership do not honour the verdict of the voters”, said a Kisumu resident.

Most political leaders, particularly members of parliament, skipped the day one of the exercise, as they were locked up in horse trading amongst their political parties at the Nairobi’s Kenya Institute of Administration, where they are trying to build consensus over the proposed constitution.

ENDS.

Holland: My life is in serious danger

4 Replies

From Shem Nyamitta living in the Dutch city of Nijmegen.

I hereby urgently request you my fellow countrymen

to help me because one west African guy is trying to intimidate me

because he want to use my garage to put his things for free but I have

disaggreed with him about this. Hi did this last wednesday the tenth

of march 2010. This is what he told me on the phone at ten in the

evening last wednesday the tenth of march 2010: He said: shem, you do

not know me good, I will show you what am made of, I will kill you, I

swear, I swear, I swear, if am in Nijmegen here I will make sure you

go to the ground,I will kill you, I will scater your meet on the road

he said and he came to my home last vriday the twelth of march 2010 at

eleven in the evening and he repeated the same things to me again in

front of my flat saying to me: Shem I swear,me and him will go to

Africa dead . Below are his mobilephonenumbers: 06-43256536 or

06-84329330. My I countrymen, I would really appriciate it if you

would call this west African guy and warn him for me because he thinks

am alone I have no body to help me. He is from a west African country.

Am constantly walking in fear that he may curry out his threat when I

meet him somewhere. My name is Shem Nyamitta and I live in the Dutch

city of Nijmegen. I have my bigger brother back in kenya who is deaf

and he has four children and am the only one who can help him because

every month I remit some money to them for food and I even have plans

to start a small business for them. My countrymen once again I hereby

urgently request you to help me go out of the country either to

Swisstzerland or America. I really fear for my life and am very

important for my bigger brother back in kenya because am there only

help from poverty and I even have very big plans to put them out of

poverty. Am seruisly contemplating living Holland. I have relatives

there in America but I have no contact with them. Am looking for my

felow kenyans there in America who can help me with a temporary

accomodation untill I find my own place. Am a very hardworking man and

I will even accept a cleaning job to pay for the accomodation. Am a

born again christian and my whole family also are deep in God. My

fellow kenyans pleace help me esacpe this seruis threat on my life.

pleace, save my life. I hope that I have given you enough information

concerning my urgent appeal for help from danger on my life and that I

will hear something possitive from my fellow countrymen.Bye.

My warm geetings to you all,

Shem Nyamitta

Mobilephonenumber: 06-59019323

E-mail: shemnyamitta3@gmail.com

UGANDA: GUN-FIRE RENTS THE AIR AS ENRAGED BAGANDA LOYALISTS TRY TO STOP MUSEVENI FROM VISITING THE BURNED TOMBS OF KABAKAS {KINGS}

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Writes Leo Odera Omolo

Gunfire rocked Kasubi royal burial grounds as security personnel fired to clear the way for President Yoweri Museveni to inspect the Royal tombs yesterday, following a fire that destroyed the complex, reducing it to rubbles.

Two people shot during the incident died later at Mulago Hospital, and five others were still in critical condition, after the Military Police and the Presidential Guard Brigade (PGB) battled rowdy crowds that had blocked the route to this world heritage site at Kasubi.

According to sources at Mulago, the dead were both young men, and both died from bullet wounds.

Those admitted in critical condition were Ishmael Bugembe, Abdallahtif Ssentamu and Patrick Mwanje. All had bullet wounds. Others admitted with bullet wounds were Simon Birungi, 33, and Kaloli Sserwadda, 32, a resident of Namungoona.

The Media Centre executive director, Fred Opolot, said in a statement that three fire fighters were injured and are also admitted at Mulago. Opolot said windscreens of eight vehicles were shattered.

The Tuesday night fire, whose cause is not yet known, burnt the royal tombs, the final resting place of Buganda kingdom’s royalty. Security sources said it was not clear who or how the fire started. The tombs, a UNESCO World Heritage Site, were built in 1882.

Baganda loyalists converged at the tombs in the wee hours of yesterday and started cleaning up the site. The youth, the elderly, women and school children cleared the debris at the hitherto key national tourist site.

Several ornaments, medals, royal gifts and artifacts were destroyed in the inferno. Announcements were made on megaphone for workers to surrender any valuables they picked up.

Lorries carried tanks of water to wash away the cinders and put out smouldering planks of timber. Several people began erecting the lubiri (traditional fence) using reeds brought in by loyal subjects.

The mood was sombre. Women wept, men sobbed, while the youth vented their anger through violent protests. Students were equally astounded by the level of destruction.

As a sign of mourning, Buganda’s blue-and-white flag flew at half-mast and a fireplace was stocked at the burnt-out entrance to the main tomb-house, Muzibu-Azaala-Mpanga.

Some Baganda wore bark cloth. Angry youth sneered at anybody who looked on with indifference. They barred those donning jackets or carrying guns from the royal site. At around 10:00am, word filtered through that Museveni would visit the site.

Thirty minutes later, Presidential Guard Brigade soldiers arrived and asked the adamant youth to remove a lorry and barricades at the entrance to the tombs but they refused. Sporadic gunfire then filled the air. People scampered to safety but quickly regrouped and took cover in the compound.

Prince David Wasajja, who was seated with several princesses, had to take cover. He was constantly on the phone. When the shooting intensified, soldiers demanded that the crowd clears, but many were adamant. The soldiers then started whipping anyone reluctant to leave, including those lying on the ground. During the melee, Prince Wasajja, surrounded by a small group, left through the fence.

Four of Buganda’s kings; Muteesa I, Mwanga Basammula, Daudi Chwa and Sir Edward Muteesa II are buried at the Kasubi tombs. Muteesa II is the father of the reigning king, Ronald Muwenda Mutebi II.

The Kabaka, who arrived at 1:45pm with the Nabagereka, Sylivia Nagginda, plus his children, Prince Jjunju and Princess Sangalyambogo, inspected the tombs. Prince Wasajja, Katikkiro JB Walusimbi, Buganda ministers and a large crowd received him.

On viewing the devastation, the king drew a white handkerchief to wipe away tears. The king’s public grief triggered off wails from people standing near him. He spent a few minutes, standing motionless at the main entrance to the tombs, in which his father, Muteesa and grandfathers are buried.

He did not address his subjects, but waved at them. He also inspected other houses in the complex and greeted the resident princesses. The Kabaka left after about 30 minutes. His convoy was swarmed by a large crowd which walked along from Kasubi to Nakulabye. At Sir Apollo Kaggwa junction, the Police blocked the chanting loyalists from further escorting Mutebi.

Meanwhile, some politicians, who were deemed pro-government got hostile reception from crowds at the tombs.

Lubaga division chairman, Peter Ssematimba, who came in a yellow T-shirt, was harassed and his spectacles broken in the process. The tombs are in Rubaga division and yellow is the ruling NRM party colour.

Maama Fiina, a traditional healer, was beaten up by youth.

The NRM, Chairman Moses Kigongo, however, was allowed free access to the four burial sites.

Ends

International Commission of Jurists (ICJ Kenya) letter requesting for the resignation of Ambassador H.E. Bethwell Kiplagat as Chair of the TJRC

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In view of the fact that the Chair of the TJRC, Ambasador Bethuel Kiplagat, has elected to hold onto office notwithstanding the credible calls on him to resign, and in view of the attitude that he has displayed towards those calls, ICJ Kenya has decided to make public the private letter that we wrote to him, in which we appealed to his sense
of honour to prevail in considering the demands on him to resign.

We have made the letter public because we feel that no purpose is served in keeping private our communication with him, because Ambassador Kiplagat has accused all those that demand his resignation of being motivated by less than pure motives.

George Kegoro

The Kenyan Section of the International
Commission of Jurists (ICJ Kenya)
P.O. Box 59743 00200 Nairobi , Kenya
Vihiga Road , Off Othaya Road
Kileleshwa
Tel. 254 – 020 – 3875981 / 6750996
Fax. 254 – 020 – 3875982

———————————————————————————————————————
Dear Ambassador H.E. Bethwell Kiplagat

RE: REQUEST FOR YOUR RESIGNATION AS CHAIR OF THE TJRC

Following weeks of wide consultation and reflection, ICJ Kenya has come to the difficult decision that it must respectfully request you to consider resigning your position as Chair of the Kenyan Truth Justice and Reconciliation Commission.

Your chairmanship of the Kenyan truth Justice and Reconciliation Commission has been the subject of contestation from sections of the Kenyan public. We have endeavoured to understand the basis of these objections which we have classified into three clusters.

First, there are allegations that because of your position as the Kenyan High Commissioner to the United Kingdom and later as the Permanent Secretary in the Ministry of Foreign Affairs, you might have useful information that would lead to the truth surrounding the death of the former Minister for Foreign Affairs, Dr. Robert Ouko. It is noted that at the time of his death, Dr. Ouko was your minister when you were the Permanent Secretary. It has been pointed out that the independent investigation into the death of Dr. Ouko, by the Metropolitan Police (New Scotland Yard) recommended that you be involved in further investigations into the death of Dr. Ouko.

Secondly, it has been pointed out that you might have useful information on the irregular allocation of public land which took place in the past and which is an integral part of the investigations by the TJRC. In this regard, it has been claimed that you benefitted from the allocation of land alleged to have been allocated irregularly, and which, as pointed out, will come under investigation by the Commission. We have had sight of the detailed allegations against you, and can share these with you if you are interested.

Thirdly, members of the public and civil society view you as having countenanced human rights abuses or consistently failed to unequivocally condemn such actions in a past regime. This view is based on the fact that you held influential positions in a past regime was a major human rights violator, and whose acts form a major part of your inquiry at the TJRC.
For these reasons you are viewed as failing the first and most basic test of leading a truth seeking process- impartiality. As a result, your tenure as Chair of the TJRC might be disruptive and thus undermine the ongoing TJRC process.

We need to stress that we are aware that your appointment process was a very public affair. We also appreciate that the process leading to your appointment was in line with the provisions of the law i.e. from the Selection Panel to the Parliamentary Committee on Justice and Legal Affairs and finally to the Prime Minister and the President. We also know that you have very good credentials and come highly recommended.

However, your mandate is ultimately people-driven and is derived from victims, members of the public and civil society organizations, who have fought hard to realize the establishment of a truth seeking process- the Kenyan TJRC. They have the biggest stake in this process and now have no confidence in you. Similar to the reasoning behind legal principle that “justice must be done and be seen to be done” the TJRC is a national process that needs to be endorsed by the public at all stages for the process to be successful. Therefore those who lead the TJRC should be acceptable to the people -a requirement that you now fail to meet.

We know that you love this country and as an honoured diplomat, you are aware of when to fight a good fight and when to ‘hang up the boxing gloves’ – your tenure at the Commission unfortunately falls within the realm of the latter. Kindly, resign in order to restore dignity to this process.

Please note that it is out of respect for you and your position, and in order that you may have a quiet reflection on the matters that we have covered in the letter, we have chosen to only copy this letter to your colleagues in the Commission and the Minister for Justice.

Yours faithfully

George Kegoro

Executive Director

—

Journalism and Tanzania Journalist

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Journalists are like intellectuals. Some are. Without journalists and the intellectual class, society may stagnate, regress, or even decay. Indeed, there are no societies in the modern era that has made progress without an honest and enterprising pool of journalists and an accompanying pool of intellectuals.

Every society needs men of conscience; every society needs truth-tellers; societies need men and women of courage and who are forthright in their thinking and in whatever advice, suggestions or recommendations they may proffer.

Every society needs its intellectual and journalism class mostly because you cannot entrust governance and the wellbeing of the people wholly to politicians, the elite and the bureaucrats as the vast majority of politicians, the elite and the bureaucrats are the scum of the earth. They are like the fabled vampires that suck blood and sap human energy.

We know the aforesaid to be true in Tanzania where governance is no longer about public service and caring for the people. Today, most go into public service in order to steal and to rape and to violate people’s rights. Crimes against humanity and against posterity are routinely committed by Tanzanian politicians. In almost fifty years, there has been no hash deterrent against criminality and foolishness.

In such a country and under such circumstances, you cannot go to bed with both eyes closed. You cannot entrust the future of the country to their care. You cannot leave them to their own devices. To do so is to court danger and disaster. Frankly, nowhere on the face of the earth is one likely to find such an assemblage: a thoroughly despicable group of people.

Against such a gathering, society need men and women of courage; it needs men and women of substance to speak the truth and be the nation’s conscience. Society needs such men and women to shape and to direct national conversations, its policies and politics. Tanzania needs such men and women. Colonial and post-colonial Tanzania was awash with such men and women.

And so it was that for more than 50 years, the Tanzanian intellectual class was the envy of the world. At home and abroad their voices and their writings and their services were acknowledged. Gradually however, most of its members became afflicted with several social diseases, and in no time succumbed to internal and external inducements. A few succumbed to threats and poverty; many forsake intellectual pursuits for political power.

As with their thinking-counterparts, Tanzanian journalism also has a long history of service and excellence. For a while, some of the nation’s nationalists had their roots in the art and science of journalism or in the written world. Hence, post-independence Tanzania was home to some of the best and the brightest journalists and writers East Africa had to offer.

Several Tanzanians media houses produced gadflies, intellectuals, and social critics of no mean feat. And indeed, many social critics, intellectuals and gadflies worked for or were associated with several media houses. They battled, fought against corruption and indiscipline, and championed the peoples’ rights. They also helped to shape national conversations vis-à-vis domestic and foreign policies.

Collectively, Tanzanian journalists had their shortcomings. They had their weaknesses. Individually too, there were a few bad apples. That was to be expected. They are humans. The good news was that, collectively and individually and for the vast majority of the times, they were — individually and as a group — a credit to the nation and to their profession. They made us proud. That was then.

That was then. That was the time when the journalism profession meant something to the nation and to the people. That was the time when journalists practiced their craft the way it was meant to be practiced. In pursuant of their duties, they had several obligations and responsibilities which included reporting the truth, shinning light in dark places, and educating the people and the government. Their activities furthered the people’s wellbeing. That was then. The practice and the environment are different now.

The decline was gradual. But beginning in 1995 or thereabout, things took turn for the worse. The rot became apparent. True, a few valiant and courageous voices fought the Benjamin William Mkapa ; but for the most part, the stench became widespread and unbearable in those years. And by the time Kikwete came into office, “all hell was loose and the center could not hold.” Journalism went to the dogs!

The Tanzanian journalism has been in the cesspool since. To say all practicing journalists are stained and tainted would not be correct. It is not correct. In fact, using a spiky-broad brush to pain them all would be insincerely and sinful. That is because in spite of the rotten state of the profession, there are a few good men and women who are dedicated to the idea and the ideals of the profession: journalists who toil day and night to the glory of their craft.

Majority of the reporters practicing in Tanzania today are pen-prostitutes. For a dollar, they’d sell or kill a story. For a dime, they’d write speeches for politicians. For a nickel, they’d fabricate stories. Now, if you think the reporters are slimy, well, you must know that some of the editors are truly disgraceful. A messed up bunch of people! Now, most of those who are likely to end up in the deepest part of the raging fire are members of the editorial board/columnists.

Now, take the editorial board members/columnists plus the publishers, then, you truly have the bad of the bad: the profession’s red-light prostitutes. You’ll feel nauseous once you know what this bunch is up to. They have “access” to power at all levels; they are filthy rich in filthy and unaccountable sort of way with choice lands and landed properties; they travel round the world and stay in preferred hotels. For this group of people, it is all about money and power — not journalism, and certainly not the people’s interest.

Now that intellectual pursuit is (mostly) a thing of the past and journalism too is deep in the gutter, what hope do the people have? What hope do we have against government’ abuse and excesses? Who will defend the people against foul winds blowing from all corners of the country? To whom do we leave the job of shaping public discourse and public policies? Without our intellectuals and our journalists, who is left to defend our national interest?

As it is, intellectual pursuit as a craft is in a state of despondency. The Fourth Estate is in shambles. The legislative branch is on a leash, and the executive branch is nothing but a pit of waste and corruption. As for the judiciary, well, every so often it exhibits flashes of brilliance. And that’s about it. Otherwise, it is mostly a chamber of tired and old hands.

In a democratic dispensation, journalism is the last hope of/for the nation. Therefore, the profession should clean itself up. It should look inward, self-question, retool itself and retrain its members. The current state of the professions is nothing but a disgrace. And it is pitiful.

If nothing is done to resuscitate, repair and reenergize this once glorious profession, one may not be able to tell the difference between it and street side prostitutes and carriers of social ills and malfeasance that roams Dar es salaam, Arusha and Mwanza.

—
Yona Fares Maro
I.T. Specialist and Digital Security Consultant

What if Raila & Kibaki are in Ocampo’s sealed Envelope?

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Friends,

Few who actually read my notes know my motto: To lay matters bare, there has to be an unusual way of looking at issues, don’t you think?

And in the same spirit I ask.
Hypothecially, what if Raila & Kibaki are among the prominent Kenyans whose names were given to the ICC Judges today?

I ask you, Ocampo indicted Slobodan Miloševi?, Radovan Karadži?, Félicien Kabuga, Omar Hassan Ahmad al-Bashir, a sitting president among others, what will he not do to our principals?
Raila and Kibaki

I ask you again, when the crocodile eat their own eggs, what will they not do to the flesh of a frog?

It follows therefore that we must think out of the box. That we must ask ourselves the ‘what if’ questions and come up with viable answers to our complicated hypothetical.

My hypothesis is that if the principals are in the Ocampo’s sealed envelope to the Judges, Raila would step down, but Kibaki wouldn’t. Because of this, the ICC may not reach and arrest others who also bear the greatest responsibility. How could he, when the duly sworn will claim that Kenya is a sovereign state?

On the other hand, my 10th great grandfather Ragem’s thesis is that anyone mentioned adversely should step aside, face the ICC squarely and if proven innocent, can rejoin active politics again.

However, the reality is that this situation is about Kenya. And Kenya being a land of Nguachi, whose Capital is Nairobbery, the City in the sun, and of plaster and stone. It is God’s country ‘ya kitu kidogo’ of ‘Eeee ndonege matubo bau!’

Kenya is still a country where we believe there is no way a wife can abuse a husband, or that rape cannot occur in a marriage, and when it occurs outside marriage, it was someones’ fault, or that the principals are above the law. That because whatever happened, happened, or that because the arm of the law is not long enough, Ocampo should leave us alone. After all we are in the middle of creating a new constitution and a new voters register, and his actions will interfere with our noble work.

People, I ask again, have you thought really hard about what will happen to our political landscape when Ocampo’s list is made public? The worst to imagine is that Kalonzo Musyoka could become caretaker president, considering he was # 3 in those elections and is also the VP! The best to imagine is that we could go to early elections and vote for Hebron Mosomi or Mark Mutunga, or George Luchiri Wajackoyah or Omondi Bunde, even though we still do not havew a voters register or new constitution!

Really, because we have this impunity syndrome, I do not see clearly what impact Ocampo’s action will have on our political landscape. My thinking is that it is just a front for US and other interested Nations, through UN to ensure that we complete Agenda IV to avoid the occurrence of another dark period in our Nation’s history.

However, in the very unlikely event all mentioned adversely including the principals agree step down, I, and not my 10th great grandfather Ragem, urge you to consider a vote for Omondi Bunde. He is a fisherman who has never hurt a fly or stole a pence.

—
Joram Ragem
wuod Ndinya, wuod Onam, wuod Amolo, wuod Owuoth, wuod Oganyo, wuod Mumbe, wuod Odongo, wuod Olwande, wuod Adhaya, wuod Ojuodhi, wuod Ragem! (Are you my relative?)

Conflicts in Africa. Is it the Pride or the Price of African Democracy?

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By Douglas Majwala.

Do wars and conflicts in lovely Africa mean evolution or revolution? Or do they mean second independence struggle? And the very primary question remains, who is behind all this, western powers or unfounded and bothersome leadership styles in Africa that do not seem to command what is right and forbid what is wrong? Which way forward for Africa? Are conflicts and wars Africa’s birthright? Is Africa castaway? Who can mentor Africa to the Promised Land? Has God forsaken Africa? Will the Armageddon improve shattered relationship between God and African leadership?

A civilian Being forced to accept futile democracy.

Armed conflicts in Africa have turned to be the laboratories for breeding refugees, poverty, disease and ignorance for where there is one no productive activity can take place and the same for medical services and education, almost every undertaking stagnates, thus amicably resolving these conflicts means redeeming Africa from the four major curses which have mainly stereotyped leaderships in the continent. Wind of socio-economic and political change in Africa has not been graced with delight and as the result the ball keeps rolling with great uncertainty, which put the continent under spotlight for uncertain destiny.

Riot police men in full combat to quell possible demonstrators against rigged elections.

In 50 years, the continent has seen 186 coup de tats and 26 very expensive major conflicts to date and perhaps many more are expected in duplicate the number above in just another time frequency of the like if situation is not well taken care of, Comoro leading with 19 coups since her independence in 1975. Totalitarian/tyrant cum red tape leadership systems have denied Africa opportunity for political progress, which would have laid foundation for today’s quest for strong and true continental unison. It does not ring a bell to hear that some post colonial modern African states have conducted free and fair elections only once or so in a couple of decades. Election hullabaloo and ululations are costing Africa her potential material and human resources (think of assassinations, jail terms on counts of differences in opinion and plundering of resources) hence a development curse.

Is Pangaring only way-out to express dislikes to counterfeight democracy?

Africa’s agenda in any global forum has always been like a goat’s case brought before hyena for judgment; Africans are born crying, live complaining and die disappointed. Africans in Diaspora remain the same as Africans in Africa in terms of dignity; the continent is developing at a snail’s pace and is somewhat like a fly in the ointment. Situation is critical in Sub Sahara which is endowed with more than half the wealth of the continent and approximately two third the global precious natural resources let alone productive human resource which is severely depleting of catastrophic HIV/AIDS and its partner diseases, tragic accidents, armed banditry, uncontrolled massive brain drain and protracted conflicts resulting into war related deaths.

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Butchered apparently for nothing other than tribalism that ensued during electoral mess up.

Afro-centric arguments that the continent is messed by and still grappling with colonial legacy hitherto stand very slim chance of convincement. This in great deal is of no solid reasoning base as some adopted post-colonial policies have come as the result of plagiarism from the then colonial powers thus making the policies barren for Africa though productive for the originators; African policy researchers have not been credited/crowned aloud for their good work, instead in very rare occasions their policy research work have been applied in the continental context. Instead, the foreign institutions through the shadow of NGOs have hired local research and non research experts at the cheapest cost to them though to our eyes the packs seems more than enough, to do the job for them which in turn they trade to the African governments and sometimes with greater returns [capital flight].

Can all this be blamed on the west or on African inept leadership that can not work effectively for the good cause of the people of the continent? It is even evident now that the leadership in the continent lacked stamina and vision in coordinating so called SAP [Structural Adjustment Programme] masterminded by the rich west through Breton wood sister Institutions. SAP has eventually proven to be the wrong prescription for pain killing and the leaders of Africa just swallowed it not knowing its worst reactionary effects which are now spreading like wild fire, to some extent in other countries SAP even laid ground for coup de tats and even losses in elections.

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Combatant servicemen walking past civilian who election turmoil cost his life.

Had the African leadership heeded indigenous/local expert’s warnings against accepting such like policies, perhaps Africa would have looked much better today than ever before thus, accepting counterfeited foreign policies in Africa is tantamount to betrayal against Africa and the Africans as doing so sparks holocaust. SAP aimed at cutting the costs for running the governments by streamlining their operations, but today it is even worse as un-controlled corruption is siphoning governments’ coffers to the worst extent ever experienced since colonial domination in Africa.

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Innocent citizens burnt in the church where they sought refuge following shelling by government security forces and tribal revenge for failed elections.

Opponents who have lost confidence in the judiciary systems, electoral commissions and the constitutional courts which have most of time never ruled victory on their side, have in turn resorted to insurgency with glowing hope for fostering politics of intrigue and retaliation should they manage to rise to power.

African leadership should bear in mind that the ruled in Africa want to live an alternative Africa not this waning Africa, they want Africa for which they sacrificed their blood, sweat, spirits and wealth during independence struggle for promised good course. They want to live Africa free from wars, conflicts, disease, ignorance, poverty, religion tensions, tribalism, plundering, aggravated democracy, geo-political secessionism and what not?!.

Can AK47 decide for the people democratic route they should take?

Assurance of daily bread has never been possible in Africa even after decades of flag independence with the marvelous natural ecological endowment. Lack of assured daily bread which is the priority for man regardless of his station of life has featured to be the evidence for shattered social security systems in Africa due to expensive investment in politics than anything else that is life giving. The ruled in Africa does not want Africa in which the cake of independence can not be shared evenly among the ruled and the rulers as this raises fears of xenophobia that perhaps independence was attained at the cost of blood and sweat of the poor ruled majority who lined up in the front for the struggle whilst the top brass kept in the air-conditioned lavish posh offices crafting policies and compiling data of the maimed and the killed in the independence battle fields.

The epitome of ailing agriculture in Africa which is the source of bread and employment for the majority can be traced not only in the western policy but rather in the poor African leadership as well let alone vague meteorology. African leadership of the current epoch has never prioritized agriculture as it has done in the defense and security. African leadership thinks its enemy will ever come from outside the borders where in fact even food insecurity can also dethrone the leadership. So when heavily financing defense and security, agriculture should also be equally financed. Failed agriculture which is the mother employer of Africans has brought about multi-dimensional poverty; today one can define poverty in every need, basic and or secondary.

Burnt to ashes during electoral chaos, the settlements of the poor civilians who no election
has ever given them dissent settlement since flag independence.

Terminologies like food poverty, income poverty, education poverty (illiteracy) e.t.c are heard and rampant in Africa than any other developing continent. Countless elections have passed, democratic and non-democratic, but not one has ever shown the voters [sons and daughters of Africa] roadmap to God-made Africa full of milk, honey, tranquility, love and precious stones e.t.c instead they are shown the road to civil wars, widespread corruption, animosity, multi-dimensional poverty, plundering, disease, ignorance, xenophobia, shamble democracy, fundamentalism e.t.c. In poor Africa every infrastructure is damn poor, health facilities, education, and transportation e.t.c. to the contrary, African leadership has ever echoed its determination to improve the situation but to no avail.

Fight for democratic principles in elections earned them death.

In today’s Africa likelihood is that 99% of the graves are of the poor, 99% of the jailed are the poor, 99% of the delayed justice in the courts of law are those of the poor prosecuting the rich, 99% of the hasty court judgments are those of the rich prosecuting the poor, 99% of the delayed justice in service delivery public offices are of the poor and vice-versa.

It is in Africa where it was alleged that some immoral leaders turned cannibalists (e.g. Late Idd Amin and Bouekassa) while some were arraigned either for sodomy or rape (e.g. Rev. Canaan Banana) tarnishing the good image of blacks and their naturally beautiful continent, are these really serious and keen leaderships on which people can be tempted to bet.?!. Does today’s Africa need them anyhow anymore? Even firebrand cum radical African politicians having been elected to the peak post and stonewall themselves following decades of un successful struggle for the throne sometime from behind the bars or bush, with all their dogmatic and rightist stands and some being in the unipolar economies, have snubbed their wananchi having been indoctrinated by their predecessors hence no noticeable material change have been recorded during their tenure.

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Minor crying for his killed mother in electoral mayhem. Can this plant hatred into the minor?

It is from this angle that donors see political activism in Africa as lacking ability and interest to analyse into the real roots of continent’s misery e.g. volatile political climate, poor social set-ups, corruption and economic backwardness, Africa is no longer the best performing economy but an economy marred by acts of fraud, struggle for power sometimes by dynasty and depletion of highly needed productive human resources through man-eater HIV/AIDS and chronic brain drain. Some African leaderships have since post-independence multi-party democracy been at loggerheads with donor community apparently for misuse of aid and betraying and sabotaging democratic principles which have resulted into bloodshed whilst our hospital blood banks are drying up for lack of it all. Can wrathful donor community assure us of our continental resurgence?

Douglas O. Majwala,
majwalaoriko@yahoo.co.uk
0752311287,
Box 9292,
Dar es Salaam.

Tanzania: The icons of audacious journalism in the renowned island of peace and good governance.

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By Douglas O. Majwala.

State efforts to establish a stably democratic society enshrined with such principles as good governance, respect for professionalism, mass campaign in support of war against graft, rule of law, human rights and free media that raises awareness of wananchi of what their government is working out for them thus make wananchi also in return fulfil their duty of citizenry, suffers deliberate sabotage masterminded by immoral figures in the society who does not have at heart the welfare of this very society.

In Tanzania, the right to give and receive information is enshrined in the Constitution of the United Republic of Tanzania (GOT, 1977).

Article 18(1) of the constitution stipulates that “subject to the laws of the land, every person is entitled to freedom of opinion and expression; that is to say, the right to freely hold and express opinions and seek, receive, and impart information and ideas through any media and regardless of frontiers…Freedom from interference with correspondence [is also guaranteed].”

Down memory lane of the symbols of gallant journalism tend to prove that it is now becoming an order of the society since the founding of this politically independent nation where the twenty five years of the first rein managed to protect the freedom of the nation but not that of press whose role is check and balance amalgamated in the three most important duties of information, entertainment and education.

History has documented the horrific demise of an outstanding investigative journal of the defunct Mfanyakazi newspaper in early 1990s Stan Katabalo who sacrificed his spirit for the right course of this ailing nation but whose life ended up in the hands of anti-progress elements who are believed to have commissioned his manslaughter by armed banditry committed in a night raid of his Buguruni residence. The ecosystem agenda he took aloft during his last days now reveals wanton degradation and pouching to an alarming stage and has of recent sparked anger of the indigenous people in those locales.

Several times public offices responsible for management of natural resources have since been criticized and deplored for mismanagement, irresponsibility and deliberate lack of accountability when it comes to defending the national and or public interests, the offices have on different occasions been reorganized an exercise that shown some untrustworthy personnel the exit door. The late Katabalo was fulfilling his constitutional right, this constitutional right is given in its broadest sense to include rights to give and receive information on environment and natural resource management. Articles 18 and 27 are the most relevant constitutional provisions.

Adam Mwaibabile’s truthful pen turned into a painful pen in the hearts of people who had the duty to defend him as a licensed freelancer and this tarnished the image of the whole idea of establishing free media in our country. Languishing in the tortuous cubics on constitutionally backed orders of heavyweights who did not want truth revealed of the discrepancies in their administration sent him into detention and after public outcry he was able to be taken to court for justice. He was imprisoned on count of breaching the national security act by possessing sensitive cum confidential mail whose contents ostensibly aimed at barring him from getting license for his intended business. He came to pass away of complicated kidney on 01st February, 2007.

Said Kubenea’s fate is still fresh and puzzling in peoples’ memories. Fulfilling his patriotic duty earned him machete and acid assault by hired thugs and Kubenea has managed to get back to manipulate frontlines by the help of a merciful JK who fought tirelessly to make sure Kubenea’s sights are restored and wounds of bodily cuts are cured at any cost and wananchi keep getting the press flavour of their choice, which is a symbol of a loving and caring high profile patron, JK’s sympathy affirmed his inner desire for bringing freedom of the press regardless of stumbling blocks.

Kubenea the executive editor of weekly print Mwana Halisi and Mseto and Ndimara Tegambwage a veteran writer and director of IDEA an NGO working on social agenda were altogether victimized in the attack. Kubenea’s car was burnt down and received phone text messages of threat to exterminate him if he kept reporting burning issues of the public interest which involves individuals who chose apathy as a way of life in a society that is opposed to it. These non patriotic lots do not want what they perceive as toxic press note books of the Kubeneas.

The sms flushed to his hand set read “Kiburi chako kitakuponza, jiandae kwa shughuli nzito itakayokupata”, “Kifo chako kitakuwa cha aina yake, mzoga wako hautaonekana”, “Dawa ya kushughulikia maiti kama wewe imepatikana, jiandae”, “Maandalizi ya mauti yako yameiva, watangazie mabwana zako wanaokutuma. Unanuka uvundo wa kufa”, “Vuta pumzi zako za mwisho, hatuko mbali, yamebaki masaa machache kabla hatujakupeleka panapostahili”. Literally “your arrogance will betray you, get prepared for horrific incident that you are likely to face, your death will be of its kind, a cure for dealing with a dead body like you is available, get prepared, preparations for your death are completed, inform your masters who instructs you, you are smelling the odour of death, breath your final air, we are not far, few hours remaining before we take you to a right place”.

A renowned new generation in the media fraternity, electronic media hero and scooper of several awards Jerry Muro reported to be lured to succumb to blackmail by a recently sacked Bagamoyo district treasurer and managed to fall in the hands of the law enforcers, has sparked public debate on the authenticity of the allegations of receiving Tshs. 10 ml as kickback from the sacked official and now the whole saga is said to be the price Muro is paying for his investigative reports that saw about 20 police corps walking out of their employment on charges of graft when delivering as service men.

“A revenge or what?! Framed or truly corrupt?! No! No! His mic must have betrayed him! Was Muro’s wide mouth against graft and social vices a misconception of polisi jamii (community policing)?! Are TBC1 and the Police force not state machineries? Could they come to a win-win solution to clean these two sensitive instruments before public eyes and cover up government shame on the longstanding problem of graft? What happened when Police clashed with Prevention and Combating of Corruption Bureau officers on the allegations of that nature on different occasions when arresting police officers found receiving bribe?

Are journalistic awards of best TV reporter on graft and man eater HIV/AIDS not deserved of Jerry?! Why didn’t police inform Prevention and Combating of Corruption Bureau which is mandated with combating graft to carry the arrest if the sacked treasurer knew about the trap and got time to prepare the 10 ml catching lot?. Do Police and PCCB know clearly the limits of their areas of work to avoid confusion?!” Mixed feelings gripped Jerry’s fans when the news of his being booked by police struck the country and left his sympathizers awesome, all ears, eyes and mouths on Muro vs Police. Print, electronic, blind and blog media were headlined with TBC1 commentator’s arrest news.

Let the public give way for rule of law to prevail by taking Muro to court for justice to prove beyond reasonable doubt the genuineness of the allegation. Muro was advised by some of his proponents through blog that this is not the right time to come out public to explain what actually happened as this may worsen it all, but some had thoughts that going public will help wipe out possibility for concealing the truthful side of it by his accusers and also put to a balance unfounded speculations by the public. Some cited a case of former BoT chief who threatened to go public to reveal all those who were behind him in the protracted EPA scam but only ended up dying with the truth in his heart, thus appealing to Jerry not to blunder (wait) as did former BoT head.

Is free media an impractical philosophy for both public and private press? Which recipe for free media is worth adopting in the society for stability? Is freedom of the press a one man right when it comes to defending his interests against his opponents or when justifying his own cause? Is there anywhere in the world one can find conducive environment for free press? Is this kind of freedom meant for compromise? Is threat against brave journals a threat against freedom of the press? Is threat against press men who fulfils their lawful obligations a breach of Article 18(1) of the constitution of the URT? Frenzy against media, is it the price or the pride of professionalism? Why can’t society command what is right and forbid what is wrong? Which way forward for media? Is persistent brutality against media its birthright? Is media castaway in our society? Who can usher media to the Promised Land (freedom)? Has God forsaken media? Who can improve shattered relationship between media and heavy weights?

majwalaoriko@yahoo.co.uk
Tel. 0782299399

Kenya: Did we learn anything from the Post Election Violence?

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Just before the 2007 elections, Peace Agents were on the sprawl with several appeals for peace and a peaceful election. Chagua Amani Zuia Noma was launched in September 2007 and the Religious leaders came up with a Peace Charter that binded Presidential candidates to Peace and peaceful conducts.

Then we went for elections and the aftermath was the kind of bloodshed and destruction the kind that we have never seen in Kenya before. As many as 1333 Kenyans were killed in the process, and property of unknown value got destroyed. Many Kenyans were rendered homeless as well.

Two years on, the process of National Healing, Peace and Reconciliation is still wanting. We are still showing tendencies that reflect that we learned nothing as a result of the Post Election Violence.

What went wrong? Did the Peace Agents get it so wrong that we could not rally the country to maintain peace immediately the results were announced? Did we have to kill each other so such mercilessly, destroy our property with complete abandon and create a massive wave of Internally Displaced Persons as such?

These are some of the challenges that we must start facing as a country and as Peace Builders. And as we do this, pertinent questions are arising; as Peace Agents, should we disclose our political orientation and leanings?

I want to invite debate on this. And I will start by declaring that Peace Builders ought to be as clear as possible about themselves. We must not lie to the public about our preferences. In the Developed World, people are so clear about their political affiliations, and this does not affect their day to day engagements.

In the USA, we have known Republicans and known Democrats, and this does not create conflict. The same applies to the UK. Political affiliation does not create conflict. Then, how come that I would want to pretend with my political affiliation in Kenya on account of being a Peace Builder?

This is the lie we lived prior to the Elections of 2007 and if we move on like this, we shall achieve very littlt peace. We will have more conflicts after each and every elections, and the 2012 one can be very messy.

At KCDN, we have been encouraging our Friends, Partners and those whom we work with to be as open as possible about their political preferences. This has worked very harmoniously for us and every time we have a team event, people come out and we work together as a team.

We are seeing people becoming more tolerant in as far as political differences are concerned and we like it. It is making us to encourage as many people as possible to start being very clear about their political leanings in a process that makes this usual. We then start looking at each other as brothers and sisters sharing the same resources but having different political preferences when elections are called. And this must not lead to conflict.

But when Peace Builders become pretenders, we are building our house on quick sand. I do not see it a problem being a KANU sympathizer. Just like I do not have a problem with any ODM, PNU, ODM-K or KADDU member. Being in a given political party is their democratic choice and that must not lead to conflict, or it must not make me pretend otherwise.

As a country, we are at cross roads, and I bet we must be bold enough to face reality in order to save Kenya.

We are launching the KCDN Peace Caravan 2010 at our offices in Komarock on 3rd March 2010 and we will visit 6 constituencies within the next 6 months. We want to invite all Peace Agents to come forward and help move the process of Peace, National Healing and Reconciliation forward by being proactive players.

Time for pretence is gone. Time for workshops is gone. It is time for action and at KCDN, we believe in action. We believe in reaching the man in the street and the woman at the next corner. Let us join hands and move this process forward and convert as many Peace Agents across Kenya as possible. Let us not discuss issues of Peace, National Healing and Reconcilaition in Boardrooms and Workshops. Let us engage people out there.

It makes very little sense to preach to the converted. People who attend workshops are people well known to each other and they have little to learn from each other. The people who need more information are out there and we must reach out to them and engage them.

It starts with you being very open about your political affiliations. Or, what do you say?

We are looking forward to your support and partnership as we address this emotive issue of Peace, National Healing and Reconciliation during the KCDN Peace Caravan 2010.

Peace and blessings,

Odhiambo T Oketch,
CEO KCDN Nairobi,
Tel; 0724 365 557, 0735 529 126,
http://kcdnkomarock swatch.blogspot. com
http://nairobieastb a.blogspot. com

Kenya: Citizens’ statement against the inconvenience of the rushed Birth Certificate policy

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Citizens’ statement against the inconvenience of the rushed Birth Certificate policy

This statement is issued in solidarity with fellow citizens who in pursuit of birth certificates have over the past number of days had to brave numerous inconveniences not least of which include scorching days, long queues, tired feet and slow service, parched tongue, rumbling stomachs and fainting spells. We wish to register our loud protest against the continued frustration of Kenyan citizens as they attempt to secure this apparently vital document and demand that immediate action is taken by the relevant government authorities to end the needless suffering.

While we appreciate the importance of national population statistics in informing the allocation of national resources, and the need to deter cheating and impersonation in national examinations, we vehemently protest against the manner in which the Ministry of Education and the Ministry of Immigration and Registration of Persons have approached this exercise. Although the policy was well-intentioned, it is obvious that its implementation was not well thought through. The policy-makers’ implementation oversight has resulted in the loss of many man hours and has indeed turned out, at the very least, to be an economic burden.

It is not lost upon the keen observer that those standing on these winding queues along Nairobi city streets are Kenya’s majority, the poor working class, who have travelled from far and wide to comply with the government directive. Put in perspective, these are very persons for whom the endless hours spent on the snaking queues have meant irredeemable lost opportunities by which to put food on their tables since they ordinarily depend on hours worked and daily wages earned to barely get by from day to day. The rushed policy has meant that families that have from generation to generation not possessed birth certificates, have had to pool what little resources they have in order for the examination candidate amongst them to obtain the hitherto optional document. It has meant that many from the rural and remote parts of the country have made unbudgeted and unplanned trips to distant District head quarters or Nairobi, leaving their usual economic sustenance activities untended and neglected while they spend painfully long hours idly exposed to the elements on city streets. It has also meant less sleep, short tempers and the agony of apprehension as obtaining the certificates has increasingly proved futile.

Going against the Ministries’ service charters, this policy has also been most reactionary as evidenced by the lack of adequate personnel at the relevant offices both in Nairobi and at district level. This has exposed parents and students to the aforementioned hassles as well as to unscrupulous individuals with empty promises of assistance in quickly obtaining the document. The ill-planned implementation of the policy is perpetuating corruption in government offices as desperate Kenyans seeking these registration services fall prey to greedy individuals capitalizing on their need.

It is totally unacceptable that innocent Kenyans must continue suffering due to the government’s planning failures and lack of foresight.

We therefore demand that as a matter of great urgency:

1. The process of registration should be undertaken at the primary schools and secondary schools themselves in order to save the man hours lost by parents and students travelling to and camping outside District headquarters or outside the Attorney General’s office in Nairobi. It is not enough to advise certificate seekers to return after seven days, since in any event most cannot afford the repeated trips to and from Nairobi.

2. Besides, additional staff must immediately be hired both in Nairobi and at district registration offices to ease the congestion and delays currently characteristic of the registration exercise.

3. The registration of persons in Kenya must be decentralized from Nairobi and from district headquarters to ward or village levels. In many areas of rural and remote Kenya, even a trip to the district office is not an affordable option to local residents.

We wish to remind those in position of government leadership that this government exist to serve the people of Kenya and its services should be easily accessible to them no matter where they live. Government policies and their implementation should not be an inconvenience to Kenyans. In the spirit of people-responsive governance, the formulation of policy must not only be proactive but must have the welfare and interests of the Kenyans as central considerations.

We urge fellow Kenyans to demand the top class services for which they have paid their taxes. It is our right as taxpayers to enjoy easily accessible services and to be served professionally and efficiently. We must not by suffering silently agree to perpetuate the social injustices triggered or aggravated by poor government planning or leadership for that matter. Let us not flinch from demanding good governance and accountability from this government.

In solidarity and for Bunge la Mwananchi,

George Nyongesa
www.bungelamwananchi.org
+254 720 451 235

Editor’s notes:
Bunge la Mwananchi is a national platform for grassroots Kenyans to engage in democratic expression on good governance, political accountability and social justice issues.