From: Tebiti Oisaboke
Date: Tue, Oct 13, 2009 at 1:47 PM

General Kaguoya

With all due respect, I would like to assure you that your HWY V-2030 South, is a fantasy dream sir. You said a whole lot of stuff to implement by 2030 but to my amazement you didn’t mention any plans you may be having on how to elimenate corruption, neportism/tribalism, insecurity and how you are going to creat jobs. How are you going to implement these so called reforms before you even curtail let alone control corruption? There is no country which can succeed socially, politically and economically with corruption peaking almost 200%. Your fantasies will only lead us down south instead of the other direction. And, Raila is absolutely wrong to refer to you as a reformer. What have you reformed so far? Tribalism and corruption, the judiciary, public infrustracture are even worse than the old Nyayo days. You have spent millions and millions of the poor farmers and tax payer’s money on the consistitution commissions and to this day nothing has come out of
those money swindlers commissions. Our healthcare facilities are in a dilapidated conditions worse than those of Zimbabwe or Haiti. One can’t even find the simplest antibiotic (aspirin) in most of these facilities. You recently renewed the contract of the anti-corruption czar again the wishes of the Kenyan people. This fellow was suposed to be Kenya’s watchdog for corrupt folks. But did he deliver his dues? Agwambo should take back words (Reformer) and apologize to Kenyans as a flip of the tongue.
Best wishes with your fantasies!!!
TOI
CLT-NC

Kibaki, Raila tie reform agenda to bigger dream

Updated 2 hr(s) 5 min(s) ago
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President Kibaki and Prime minister Raila Odinga are under pressure to reform Kenya with a new constitution, and on Monday they again gambled big by tying reforms to an even bigger dream.

On the week after Chief Mediator Dr Kofi Annan left with the warning that 2012 elections could be murkier and bloodier than 2007, unless reforms are effected, the Kenyan leadership cast its eyes farther into 2030.

This is the magical year — under the Vision 2030 they are pushing — when Kenya should be, a “globally competitive and prosperous

country with a high quality of life for all Kenyans.” By 2030, if all goes according to the script, crafted by planning experts, Kenya’s economy is expected to, “grow to a GDP per capita of over $3,000 at today’s prices by 2030, which is about six times what it is today.”

But Monday President Kibaki said to reach this doorway, and for Kenyans to walk into a transformed and sunnier country with an annual per capita income of Sh233,000, Kenya must have a new constitution.

“The key flagship project under the political pillar is the delivery of a new constitution. Already, we are making substantial progress in the constitutional review process,” he said, as he moved the Grand Coalition’s bar on reforms by taking in beyond 2012.

Another life

Kibaki once again promised the nation that both dreams, though interdependent, were attainable and within grasp, and it appeared the twin issues of reforms and trial of suspected post-election kingpins belonged to another life if not day. The President cast the picture of a country on course, and different from the one painted by the increasingly critical international community, especially President Barack Obama administration, the 27-member state European Union and Canada.

Obama, Annan and the world think they are slow on reforms but President and PM argue Kenya is on highway to 2030

As Kibaki and Raila threw in their new and even bigger gamble, there was little to show for the increasing pressure and the drawing closer of the country’s date with International Criminal Court in the Hague, in whose radar are believed to be six Cabinet ministers. Justice Minister Mutula Kilonzo yesterday delivered the ICC Chief Prosecutor Luis Moreno-Ocampo’s letter to Kibaki and Raila (see separate story).

The only reference to 2007’s ugly spot on Kenyan’s collective psyche, going by the President’s speech, was the fact that economic growth fell from 7.1 per cent to 1.7 per cent the following year.

Speaking at the launch of Vision 2030 Delivery Board at Harambee House, the President conceded: “It must, therefore, be understood that the journey towards Vision 2030 is not easy. It requires sacrifice, hard work and determination. We must endeavour to consistently move up the ladder of the vision targets with the required pace.”

He exhorted Kenyans to, “take this opportunity to make history by being the generation that will fulfil the dream of our founding fathers — the dream of building a prosperous, equitable and stable country.”

He painted a picture of Kenya standing on three strong pillars — social, political and economic reforms — and assured Kenyans the Grand Coalition Government is firmly under his and Raila’s stewardship.

Raila, who also has a raft of assignments to deliver the dream under his belt, listened keenly to the man he, the previous day, described as a “reformer.”

The day was devoid of Annan’s warning last week to Raila and Kibaki that Kenyans were losing confidence in their leadership and that impatience over delivery of reforms was growing by the day.

The political reforms on which the President pinned his vision of a more prosperous and grander Kenya, with a higher quality of life, are anchored on six strategic areas: “the rule of law; electoral and political processes; democracy and public service delivery; transparency and accountability; security as well as peace building and conflict management.”

He outlined the six key areas of development in this area as, “tourism; agriculture; manufacturing; wholesale and retail trade; business process outsourcing and financial services.”

He defined the social pillar as the building of a, “just and cohesive society, which enjoys equitable social development in a clean and secure environment.” He explained: “To achieve this goal, we have to transform eight key social sectors, namely education and training; health; water and sanitation; the environment; housing and urbanisation as well as gender, youth, sports and culture.”

He added: “It must be borne in mind that all the three pillars of the Vision 2030 are anchored on the firm foundations of macroeconomic stability; continuity in governance reforms and enhanced equity and wealth creation opportunities for the poor.”

The Board is chaired by Equity Bank MD James Mwangi.

Reaping benefits

He said transformation of the country’s political system under Vision 2030 is envisaged in the rule of law, electoral and political reforms, entrenched democracy and public service delivery, transparency and accountability, security as well as peace building and conflict management.

Kibaki noted that Kenyans have already started reaping the benefits of the Vision 2030 projects, and as a result the economy is set to improve.

He, however, stressed the need for hard work and determination to transform the country into a newly industrialised state.

“The success of Vision 2030 will depend on our determination and hard work. From our struggle for independence to winning gold medals in sports, it is clear that with determination we can succeed,” he said.
– – –
Subject: Kibaki, Raila tie reform agenda to a bigger dream

From: odhiambo okecth
Date: Tue, Oct 13, 2009 at 2:52 AM

Ambrose Redmoon once said that courage is not the absence of fear, but rather the judgment that something else is more important than fear. We have taken the step to examine what ails the judiciary because our pleas to many practicing advocates to take the bull by the horn is met with fear and trepidation. Many advocates would not wish to raise their heads above the water. They want to exist like submarines so that they are not earmarked. It is not that we do not fear the judges and magistrates. We fear for the judiciary more. Someone must tell the Emperor that he is naked. The reputation of the judiciary in Kenya is cascading fast towards that of the police. The Kenyan population lost confidence in the police long time ago. That is why they take the law into their hands. Equally few believe that they can get justice before the courts of law. Loss of confidence in the judiciary is encouraging extra judicial dispute settlement mechanisms such as Mungiki courts. So what ails the judiciary?

Judicial systems within the Commonwealth tend to be very conservative in nature. They are based on English law which itself is based on common law that grew from the English feudal systems. The system was defined through the master and servant relationships. This means that the law was skewed against the servant. Only the law of equity attempted to stem this imbalance. Kenya which as a protectorate and colony adopted the English laws mainly via India tends to be even more conservative. When conservatism is blended with corruption and assumed infallibility it makes lethal concoction of justice. Let us explain. On average judges and magistrates (the bench) in Kenya thrive by harassing advocates (the bar). Either because they are lazy, incompetent or both, some judges and magistrates deride advocates who try to complicate matters by citing precedents and pinning the bench. They hate burning the midnight oil trying to decipher the principles espoused in the decided cases. Any student of law knows that the law grows through precedents. Advocates rue their profession when they encounter some vengeful members of the bench. These are judges and magistrates who hate assertive advocates. Corrupt members of the bench have been known to turn accused persons or litigants against their advocates by demanding some consideration in exchange of favourable judgments. They belittle the role of the advocates. Where benefit has accrued cases are fast tracked. Judgments are made in rehearsed pantomime and woe upon cases following the normal procedure. These are postponed for eternity. Cases of corrupt judges and magistrates are not restricted to Kenya or to this age. Many Centuries ago the British Poet Alexander Pope observed – “The hungry judges soon the sentence sign, and wretches hang that jurymen may dine.”

We hasten to observe that great judges are distinguished not by the positions they hold or the awesome power they wield over advocates but by the enduring judgments they make. These are incorruptible men and women who are committed to dispense the law and who are thorough, painstaking, learned and clear. They have a thorough grasp of the existing rules and principles. They give masterly judgments. Lord Denning, one of Britain’s longest serving and most respected appeal judges was immortalized by his liberal judgments that strengthened the law of equity. When he died he was eulogized as a legal innovator who did not feel restricted by literal interpretations of statutes. It was said “His judgments were a model of lucidity. He was prepared to use the law for its true purpose — in the interests of fairness and justice.” His compatriot Judge Baron Atkins equally distinguished himself as one who relied on testing the law against the demands of common sense and the interests of the ordinary working man. He introduced the principle that ties cause and effect in the landmark case of Donoghue v. Stevenson concerning the alleged adverse effects from an alleged snail in a bottle of ginger beer served in a cafe in Paisley. The case established the modern law of negligence in the UK and, indirectly, in most of the rest of the common law world, with the major exception of the US.

Kenya has also its respected and learned judges who have made landmark judgments. The late Justice Madan was a much respected judge who made bold decisions. Others like Judge Cotran defined the place of customary law in our legal system. Recently Judge Phillip Waki demonstrated that we have men and women who can be relied upon to define the next course of Kenya’s history. Although his was not a legal judgment, he gave legal guidance in a Tsunamic issue threatening to tear the nation asunder. Like him there are many more wise, learned and dedicated judges and magistrates to whom we give our tribute. . But our regret is that they do not seem to have adequate opportunity to influence the course of timely justice for all. Instead they remain buried within the rot that depicts the judiciary in Kenya as not only oppressive to the vulnerable and marginalized but also as the greatest agent of poverty creation and promoter of inequality in Kenya.

For all intents and purposes the judiciary has resisted pleas to reform. If it responds at all it stirs into incestuous measures to blindfold the ‘ignorant’ public. It fails to recognize that in this modern day and time, the citizens know and understand the law. When a case is decided wrongly, they know but are helpless to do anything about it. It is not only the Magistrates and the Judges who are read in law. Many in the public are well conversed in law and can detect cases where there is out right judicial manipulation. The citizens Jury has now decided. Like any other arm of the government, the judiciary must undergo radical transformation.

The Government has embraced the concept of performance contracting for her employees as a means by which output can be measured by the people. It has also gone a step and decided that such performances must be evaluated by the public, the people who consume such services. Performance contracts go hand in hand with Rapid Results Management Concept where deliberate effort is put in place within a set time frame, preferably 100 days, to achieve results. Rapid Results Initiative are hence used to establish results based culture in the delivery of service while enhancing the management and implementation skills required for producing results. The citizens are prescribing such measures to overcome the cancer of pending cases where decisions have been made after 20 to 30 years.

It is gratifying to note that several sections of the Government have signed Performance Contracts to enable the public, who are their principal employers, to vet their output. This concept has been resisted by the Judiciary. We want to put a case that should compel the public to insist that members of the judiciary are subjected to a rigid regime that ensures Rapid Results that will ensure that the public regains confidence in the dispensation of Justice in Kenya. Several cases have been pending at our registries all across the country with litigants complaining of either delays in judgment or misapplication of justice. Very simple cases that should take only a day to decide are delayed for as long as 10 years. Yet, the public cannot query what actually goes on in the courts. The citizens cannot understand the cause of such delays especially where Magistrates and Judges come to the courts late, listen to a few cases as they drone in monotones that are incoherent to the litigants, and then promptly disappear. They act like conveyor belts giving new dates for all the files that are placed in front of them. Cases of people traveling from far distances get shallow attention as the Magistrate or Judge promptly give fresh dates for hearing, without taking into account that litigants have traveled from far. Litigants are punished instead of receiving justice. We also have cases of outright incompetence from the men and women sitting in the Bench. We feel that this has been occasioned by the secretive ways in which they are appointed based not on their professional competence but on their friendship to the appointing authorities.

A time has come for the judiciary to take judicial notice that the citizens will, if nothing is done to their satisfaction, rise against the system and ensure that impunity, corruption and perfidy are eliminated for ever in our courts.

Mr. Kinuthia Wamwangi is a Local Government Consultant, while Odhiambo T Oketch has extensive experience in Performance Contracting and rapid Results Initiatives and is the Chairman- Stakeholders Evaluation Team at the City Council of Nairobi.
– – –
Subject: REFORMS: WHAT AILS THE JUDICIARY?
To: jaluo

From: odhiambo okecth
Date: Mon, Oct 12, 2009 at 7:51 AM

Mr. Joe Ombuor, in his piece in The Standard on Saturday10th October 2009, chronicles the achievements of Mzee Daniel Arap Moi in the education sector and his efforts at finding solution to the problems of Southern Sudan. It basically drove me back to history of what education used to be. About Southern Sudan and the achievements they have indicated, I do not know.

I went to school when we used to pay Kshs 20.00 at the chief’s camp per term. We were then given pencils, rulers, exercise books, and text books the whole term in school. I only used to take my signed filled exercise book to the school office and I was given a new exercise book in exchange. The school had cartons of supplies, chalk, dusters etc.

This was up till 1978 when Mzee Jomo Kenyatta died. I was then in class 7 reading for the Certificate of Primary Education –CPE. I joined Form 1 in 1979 and again, fee in secondary school was very manageable. The cost of transport in those poor roads was also manageable then.

Then Mzee Moi came with Free Primary Milk in primary school. I am happy it found when I had left primary education and was already in secondary school. He then started what they then called Free Primary Education. Remember, we were only paying Kshs 20.00 and all educational material was given to us.

But when Mzee Moi came up with the first Free Primary Education, educational supplements started disappearing. That is when education started going to the dogs. Parents started paying more than Kshs 20.00 in support of Free Primary Education. With Free Primary Education, government supplements started disappearing, and I would have expected Mr. Ombour to investigate this and come up with an informed opinion.

Parents started buying pencil, exercise books and text books in support of Free Primary Education. That is when parents started paying tuition fee in support of Free Primary education. That is when other hitherto unknown authors started appearing on the scene with different books in support of Free Primary Education.

Do you remember Safari Book 1, 2, 3 and 4 as texts that were immortal? Do you remember Primary Mathematics series? Then we had General Science Text Book. Those were the only books used for tuition instructions when we were paying Kshs 20.00 tuition, payable at the chief’s camp. Books were available in the schools and for each subject, the teachers came with enough text books to be shared in class. These were promptly collected as the lesson ended. But when Mzee Moi came with his version of Free Primary Education, many versions of the same subject texts were introduced as part of the curriculum and parents were told to buy all these books in support of Free Primary Education.

This is when our children in the lower primary began being subjected to reading all subjects from Mathematics to English to Geography, to History, to Ethics to Everything. With the coming of Mzee Moi to power, Free Primary Education came with costs hitherto not seen by parents. This is the time they killed the Kenya National Equipment Scheme, all in support of Free Primary Education. Perhaps Mr. Ombour might do a research on how Kenya National Equipment Scheme was looted under the Moi watch and eventually killed.

The rest as they say is history. Free Primary Education under the guidance of Mzee Moi became such a costly affair for the parents in Kenya to an extent that Mzee had to think of new avenues of creating pretended soft landings. He started building schools and naming them after himself. This is how all the Girls schools named after Moi were built. And in building these schools, the school head teachers in collusion with the Parents Teachers Associations made a kill.

They extorted money under the now infamous Building Fund to support this expansionist enterprise of Mzee Moi. Schools were built, very magnificent yes, but very shallow in out put. Pupils were subjected to grater coasts to sustain this ill move. This is the time Mzee Moi came up with the Quarter System that condemned students to their villages. This is also the time all teachers were posted back to their own villages. Vintage Moi.

It is also worth remembering that it was under Mzee Moi that all of a sudden the 7+4+2+3=16 system of education was changed to 8-4-4=0 system. Journalists will recall that the change was so abrupt to an extent that it created jam when there was double admission at the university at the first admissions of the Moi Graduates. That marked the death of quality education in Kenya.

And this is known all over the world; that Mzee Moi messed the education system in Kenya. And I bet it is time we all faced the truth. Mzee Moi killed our education system that was of high quality, and subjected our children to experiments and mediocrity. Some isolated cases of brightness managed to still shine through though.

We nowadays have graduates who cannot communicate effectively, courtesy of Mzee Moi and his 8-4-4=0 system of education. Our children stopped playing in school because of Mzee Moi and his 8-4-4=0 system of education. Children have stopped being children because of Mzee Moi. And I cannot for once give him credit on education.

He created all the mess that will take strong will to clean. Parents must rise up and demand answers; what does a child in class one do with all those books as currently listed for them?

There are areas where I can give Mzee Moi all the marks, like opening Kenya to all the corrupt networks, like creating impunity, like entrenching tribalism, like maintaining the cost of living at low levels- prices of essential commodities and like killing football in Kenya.

But to credit Mzee Moi with building several schools and forget the pain the parents have born with the heavy costs therein attendant is to miss the point by very wide margins.

Odhiambo T Oketch,
Chair; Stakeholders Evaluation Team –Nairobi
Tel; 0735 529 126, 0724 365 557,
Email; komarockswatch@yahoo.com, friendofkcdn@gmail.com
http://kcdnkomarockswatch.blogspot.com

– – –
Subject: Moi’s indelible mark on education and peace

From: Mwana Habari
Date: Mon, Oct 12, 2009 at 8:44 AM

Tanzania in Transition –
Violent Conflicts as a result of political and economic reform
Kurt Hirschler, University of Hamburg

Tanzania is known to be an “oasis of peace” (Hofmeier 1997) on the troubled African continent. Although Tanzania is among the few African states that have experienced a “classical”war –a war between two independent states (Matthies 1998) –the East African
country can look back on forty years of relative internal peace and stability. No civil wars, no military coups, no state-collapse, no warlords, neither ethnic nor religious, neither political nor social clashes have tormented the country and its people. [1] 40 years of peace and stability are unquestionably the greatest success of the country that is still one of the poorest countries in the world. But an increase in violent conflicts within the last few years seems to endanger this success. It appears that unavoidable reforms have helped the country out of its economic and political misery, but to the price of increasing violent conflicts.

[ . . . More . . . ]

tanzania-in-transition.pdf 68K

– – –
Subject: Tanzania in Transition – Violent Conflicts as a result of political and economic reform

From: kefah gikenyi
Date: Sun, Oct 11, 2009 at 5:59 AM
Subject: Re: Rearming in the Rift-Valley-GENOCIDE BEING BREWED AS WE WATCH!!!

Thank you very much my good friends/s

What is happening now should not worry you simply because,this is the time that Kenyans alone can stand and defend there morals.
In any society where there is moral decay always what happens is immorality.

Killigs like what happened 2007/2008 this is due to most of the unaddressed injustices from the previous regimes,minus lying,Kenya is being finished by aVIRUS called OUR PEOPLE …..OUR PEOPLE…….are being targeted ….or what do you think?

When shall we as Kenyans become WAZALENDO if we talk of OUR PEOPLE and not my country?

Where can Kenyans who were once respected can stand and talk as a Kenyan and be having a positive picture before the audience without being seen as election thieves,killers,a people who does not respect DEMOCRACY and the VOICE OF WANANCHI TUKUFU.?

Once a person is over sixty eight years of age and still serving under one position,what does that mean?

Nobody has been born and is able to be there………What if this person dies????????vacuum vacuum my dear Kenyans, people have been Educated for what reason,if yoyr grandfather is still working in the GK,not even your dad,?

Worry not we need A DJ either from WAZALENDO or MILITARY to restore the image of Kenya in earlier eighties.
Tell aka alfred mutua to stop making noise unnessarry until migingo is back bwana hiyo loan imekwisha.

From: otieno sungu
Sent: Sat, October 10, 2009 10:21:51 AM
Subject: Rearming in the Rift-Valley-GENOCIDE BEING BREWED AS WE WATCH!!!

Reports that tribes are rearming in the Rift Valley are shocking as they are disconcerting. That tribeS can actually buy guns in readiness for 2012 even as we anticipate to host Ocampo shows the level to which things have degenerated.The threat of international trials won’t stop anything, we must stop it ourselves.

This is not idle talk. The rearming was bound to happen. For one, the two rival tribes in the equation have genuine fears. The Kikuyu have realized following the mishandling of the IDPs and the dragging of feet to try post election violence instigators that political expediency take precedence above justice.

On the other hand, following the way the government has been talking of perpetrators of violence from one side of the mouth, it seems only the Kalenjin were involved in the raping,killing, maiming and burning orgy. Little focus is being given to the organized groups that we pulling passengers from vehicles in Naivasha and Limuru, fully financed apparently by top government officials and the plan hatched at State House. TV footages have very clear faces of people the government could trace and arrest for a start like it did soon after the PEV in the Rift Valley.

Two things emerge here. One,both groups have realized that they are on their own against each other and government is not standing in between.It is thus foolhardy to wait for the government which is taking no concrete steps to stem another round of voilence by trying those implicated in the last one.Secondly, while the Kikuyu fear a repeat hence the arming, the Kalenjin fear retaliation.This is a sad situation that should not even be envisaged.

The skewed manner in which Kibaki has been filling the top ranks of the Police force could have send a chilling mesage to the Kalenjin that bows and arrows will not help against the arsenal they are against, a state machine being prepared to be unleashed upon them. The Luo had a taste of this in January/February 2008 so it is not far fetched. In this scenario, their fears may have driven them to the extreme, buying guns in readiness for what is increasingly looking very likely, GENOCIDE!!!!

All Kenyans of goodwill must not allow one man to drive Kenya back to where we came from, the precipice. Pressure must be brought bearing on Kibaki and his cabal to ensure justice for PEV victims, that the reforms of the police force, Judiciary,Electoral Commission and Constitution MUST be achieved whether he likes it or not. If the price is mass action like in 1990s against Moi, so be it. We cannot wait as GENOCIDE is brewing right infront of our eyes and we do nothing about it.

The Rwandese must be looking at us and saying,”the gods must be crazy!!”

Otieno Sungu.

From: odhiambo okecth
Date: Sat, Oct 10, 2009 at 11:43 AM

The Government has embraced the concept of performance contracting for her employees as a means by which output can be measured by the people. It has also gone a step and decided that such performances must be evaluated by the public, the people who consume such services.

Performance contracts go hand in hand with Rapid Results Management Concept where deliberate effort is put in place within a set time frame, preferably 100 days, to achieve results. Rapid Results Initiative are hence used to establish results based culture in the delivery of service while enhancing the management and implementation skills required for producing results.

It is gratifying to note that several sections of the Government have signed Performance Contracts to enable the public, who are their principal employers, to vet their output.

This concept has been resisted by the Judiciary. And I want to put a case that should compel the public to insist that members of the judiciary are subjected to a rigid regime that ensures Rapid Results and more so, makes the public to regain confidence in the dispensation of Justice in Kenya.

Several cases have been pending at our registries all across the country with litigants complaining of delay in ruling and in other cases, misapplication of justice. We have very simple cases that ought to take only one day being delayed for as long as 10 years, yet, the public cannot query what actually goes on in the courts.

We have cases where Magistrates and Judges come to the courts late, listens to a few cases as they drone in monotones that are incoherent to the litigants, and then promptly disappear. They behave as conveyor belts giving new dates for all the files that are placed in front of them.

Cases of people traveling from far distances to come and listen to their cases being handled gets shallow attention as the Magistrate or Judge promptly give fresh dates for hearing, without taking into account that litigants have traveled from far. It is like the litigants are being punished instead of receiving justice.

We also have cases of outright incompetence from the men and women sitting in the Bench. This has been occasioned by the secretive ways in which they are appointed. Some are appointed not based on their professional competence, but based on their friendship to the appointing authorities.

We have a case of a woman who was appointed a Judge simply because she had sued a senior person for child maintenance. We also have others who were appointed Judges because they offered sexual services to the appointing authorities. Yet we have some who have simply been appointed to act like official gate keepers. They serve the interests of the appointing authority; they do not serve the law.

But then, we also have men and women in the Bench who are beyond reproach. They are prompt in courts, they talk very clearly, they dispense justice with the efficiency that it deserves, they delay no cases and above all, they are well learned in law; people we can call with all confidence as learned Colleagues.

Not all lawyers are learned colleagues. Some just went through law classes as a matter of convenience.

The Chief Justice knows about all of this and that is why, he is resisting the Judiciary being put under Performance Contracts and them embracing the concept of Rapid Results Initiatives.

In this modern day and time, we all know the law. When a case is decided badly, we all know. It is not only the Magistrates and the Judges who are read in law. Many in the public are well conversed in law and cases where there is out right judicial manipulation, we will all detect it. And this is why we ought to demand that Magistrates and Judges are committed to Performance Contracts and Rapid Results Initiative.

Through such engagement, the public will help stem the rot that is our judicial system. Magistrates and Judges who perform should be commended and promoted. Those who under perform must to go back home, while the official gatekeepers will be shamed.

It is through Performance Contracts and Rapid Results Initiatives that we will be able to clearly determine how many cases each Magistrate and j Judge handles in a day, and how many of such cases are dispensed with.

The public must demand that the Judiciary staff in the bench are subjected to bench marks as defined in the Performance Contracts. The Chief Justice owes the country this unless there is an official oath he took in secret to serve and promote corruption in the Judiciary.

Odhiambo T Oketch,
Chair; Stakeholders Evaluation Team –Nairobi
Tel; 0735 529 126, 0724 365 557,
Email; komarockswatch@yahoo.com, friendofkcdn@gmail.com
http://kcdnkomarockswatch.blogspot.com

– – –
Subject: Judiciary MUST embrace Performance Contracting

From: Yona Maro
Date: 2009/10/8

DIRECTORATE OF PRESIDENTIAL COMMUNICATIONS
UNITED REPUBLIC OF TANZANIA

Telephone: 255-22-2114512, 2116898
E-mail: press@ikulu.go.tz
Fax: 255-22-2113425

PRESIDENT’S OFFICE,
THE STATE HOUSE,
P.O. BOX 9120,
DAR ES SALAAM.
Tanzania.

TAARIFA KWA VYOMBO VYA HABARI

Mimi naitwa Dk. Peter Mfisi, ni mmoja wa madaktari wa Mhe. Rais. Nipo Ikulu. Nimekuwa na Mhe. Rais tangu wakati wa kampeni mwaka 2005 mpaka sasa. Mwenzangu ni Dk. Mohamedi Janabi ambaye ni daktari bingwa wa maradhi ya moyo katika Hospitali Kuu ya Taifa Muhimbili.

Nimewaiteni waandishi wa habari kufafanua masuala muhimu kuhusu afya ya Mhe. Rais kufuatia tukio la Jumapili iliyopita, Oktoba 4, 2009, pale Mwanza.

Tukio hilo limeleta mshtuko kwa watu wengi na kuendelea kuwa jambo linalozua mjadala kuhusu hali ya afya ya Mhe. Rais. Naelewa sababu ya wananchi kuwa na hofu na kuwapo kwa mjadala miongoni mwao. Rais ndiyo kiongozi wetu mkuu katika taifa na hivyo kuwa mwenye afya njema ndiyo matakwa ya kila mwananchi.

Naelewa fika kuwa kutokana na kiapo changu cha udaktari na maadili yangu ya kazi siruhusiwi kutoa hadharani undani wa habari yoyote inayohusu mgonjwa ninayemtibu bila ridhaa yake.

Hata hivyo, kwa kuwa huyo ni Rais wa nchi, na suala la afya yake ni kwa maslahi ya taifa na umma wa Watanzania kwa jumla, na kwa kuwa yeye ameridhia kutolewa kwa habari za afya yake ili watu wajue ukweli na kuondoa hofu, nimeamua kufanya hivyo.

Kama sote tujuavyo, Jumapili iliyopita, Oktoba 4, 2009 mwaka huu, Mhe. Rais Jakaya Mrisho Kikwete, akiwa anashiriki katika sherehe za miaka 100 ya Kanisa la Africa Inland Church Tanzania (AICT) kwenye Uwanja wa CCM Kirumba, Mwanza, aliishiwa nguvu na kulazimika kwenda kwenye chumba cha mapumziko.

Baada ya mapumziko ya dakika 10 hivi, Mhe. Rais alirejea kwenye shughuli hiyo na kuendelea kushirikiana na waumini wa AICT hadi mwisho wa ratiba yake.

Ninapenda kusisitiza kuwa tukio la Mwanza limetokana na Mhe. Rais kuzidiwa na uchovu, na wala siyo kwa sababu nyingine yoyote ya kiafya. Wakati tukio hilo linatokea nilikuwepo, nilichukua vipimo muhimu kama daktari anavyotakiwa kufanya linapotokea tukio kama lile kwa mtu. Vipimo vyote vilithibitisha kuwa Mhe. Rais hakuwa na matatizo yoyote ya kiafya ambayo yangeweza kuhusishwa kuwa chanzo cha tukio lile.

Pressure yake ilikuwa 130/85mmhg ambayo ni kiwango cha kawaida kwa mtu wa umri wake. Mapigo ya moyo wake yalikuwa 76 kwa dakika ambayo pia ni ya kawaida. Sukari kwenye damu ilikuwa 5.5mmol/l ambayo nayo ilikuwa ya kiwango cha kawaida. Joto la mwili lilikuwa digrii 37.5 centigrade ambalo ni la kawaida. Mhe. Rais pia hakuwa na kiungo chochote kilichoonekana kutetereka, jambo ambalo lilithibitisha kuwa hakupata kiharusi.

Kutokana na matokeo hayo, sikuona hatari yoyote ya yeye kuendelea kushiriki katika sherehe hiyo muhimu kwa wakati huo. Ndiyo maana niliruhusu aendelee kushiriki sherehe zile mpaka alipomaliza na kuondoka.

Baada ya kurudi Dar es Salaam siku ile niliwasiliana na madaktari wanzangu wa hapa nchini na nje ya nchi ambao tumekuwa tunashirikiana nao katika kuchunguza na kufuatilia afya ya Mhe. Rais. Wote hao baada ya kuwasimulia kilichotokea na matokeo ya vipimo nilivyomfanyia Mhe. Rais, kwa tafakuri zao hawakuwa na wasiwasi wowote kuwa tukio hilo lilisababishwa na jambo jingine lolote, isipokuwa uchovu. Imani yao inatokana na ukweli kuwa wanaifahamu vizuri hali ya afya ya Mhe. Rais kwa kuwa wanahusika katika kuifuatilia mara kwa mara. Mmoja wao alimuona Mhe. Rais siku moja kabla ya kuondoka New York ambapo alipata nafasi ya kuchunguza afya yake.

Mimi na mwenzangu Dk. Mohammed Janabi, ndiyo wenye dhamana ya kuiangalia afya ya Mhe. Rais Kikwete kila siku. Tumekuwa tunafanya hivyo kwa zamu na wakati mwingine kwa pamoja, inapobidi kufanya hivyo. Katika kufuatilia hali ya afya ya Mhe. Rais tumekuwa pia tukimfanyia uchunguzi wa afya yake kwa vipindi maalum hapa nchini na nje ya nchi kwa vipimo ambavyo hapa nchini havipo. Napenda kuwahakikishia wananchi wenzagu kuwa katika miaka hii minne Mhe. Rais wetu amefanyiwa uchunguzi wa kina wa afya yake. Nadiriki kusema kuwa hakuna kipimo ambacho hatujapata kukifanya katika uchunguzi wa mambo muhimu ya afya yake.

Kwa sababu ya kuwatoa hofu wananchi na kwa vile mwenyewe anaridhia tufanye hivyo napenda kuwapa ufafanuzi kuhusu hali ya afya ya Mhe. Rais. Katika hali ya kawaida nisingefanya hivyo kwa sababu maadili ya kazi ya udaktari yanakataza. Naamini madaktari wenzangu wataelewa mazingira niliyokuwa nayo. Katika kufuatilia afya ya rais tumekuwa tunaangalia na kuchunguza mambo yafuatayo.

(a)Blood Pressure: Tunafuatilia kwa karibu sana hali ya nguvu ya msukumo wa damu (blood pressure). Tunampima mara kwa mara na mwenyewe tumempa mashine ya kujipima kila siku na anafanya hivyo. Kwa jumla pressure yake iko kwenye viwango vya kawaida. Aidha, uzito wake wa mwili unaendena ipasavyo na urefu wake. Mhe. Rais ni mtu mwenye mazoea ya kufanya mazoezi na yuko makini katika chakula anachokula. Sisi tunahusika kwa ukamilifu na kuelekeza kuhusu chakula anachokula. Hatuna matatuzi na Mhe. Rais kwa jambo hilo. Ana nidhamu ya kujipima pamoja na mazoezi na chakula.

(b)Moyo: Tumekuwa tunafuatilia kwa karibu hali ya afya ya moyo wake. Tumemfanyia vipimo kama vya ECHO, ECG na vinginevyo, na hatujabaini kuwepo tatizo lolote.

(c)Ubongo: Mwaka uliopita, 2008, Mhe. Rais tulimfanyia uchunguzi wa afya ya ubongo wake katika Hospitali ya Taifa Muhimbili hapa Dar es Salaam. Tulitumia kipimo cha CT – Scan na matokeo yameonyesha kuwa hana matatizo.

(d)Ini, Figo, Bandama, Kongosho: Mhe. Rais Kikwete kila mwaka tunapomfanyia uchunguzi wa jumla wa afya yake tumekuwa tunamfanyia kuchunguza viungo vyake muhimu vya tumboni kama vile ini, figo, bandama na kongosho. Tumekuwa tunafanya hivyo kwa kutumia kipimo cha ultra sound na kwa kupima damu yake kwa kutumia vipimo muhimu. Uchunguzi huo umebaini kuwa viungo vyote hivyo ni salama na vinafanya kazi vizuri.

(e)Mfumo wa njia ya Chakula: Mfumo mzima wa njia ya chakula (alimentary canal), yaani koromeo la chakula, tumbo, utumbo mdogo na utumbo mkubwa nao tumeufanyia uchunguzi wa kina kama kuna tatizo lolote katika kipindi cha miaka miwili hii. Mwaka 2007, tulimfanyia kipimo cha colonoscopy mjini Paris, Ufaransa, kuchunguza hali ya afya ya utumbo mkubwa. Matokeo ya uchunguzi yalionyesha kuwa utumbo wake mpana uko salama kabisa na hakuna matatizo yeyote. Daktari bingwa aliyemfanyia uchunguzi huo ameshauri kuwa Mhe. Rais hahitaji kufanya kipimo hicho tena mpaka baada ya miaka saba. Nakumbuka pia daktari huyo alimtania Mhe. Rais kuwa angefurahi kuazima utumbo wake.

Wiki mbili zilizopita, Mhe. Rais akiwa mjini New York, Marekani, alifanyiwa kipimo cha endoscopy kuchunguza kuanzia koromeo la chakula, tumbo, na utumbo mdogo. Matokeo ya uchunguzi huo yametoa majibu mazuri kuwa yako salama. Makusudio ya kufanya vipimo hivi viwili ni kuchunguza maradhi ya kansa na viashiria vya ugonjwa huo. Bahati nzuri hana maradhi hayo na wala hakuna dalili yoyote iliyoonyesha kuwapo viashiria vya kansa.

(f)Tezi la Shingo (Thyroid Glands): Aidha, wakati wa safari yake hivi karibuni majuzi mjini New York, Marekani, Mhe. Rais tulimfanyia uchunguzi wa afya ya tezi la shingo pamoja na kiwango chake cha utoaji wa homoni. Matokeo ya vipimo vyote vilivyofanyika yameonyesha kuwa hakuna matatizo yoyote.

(g)Tezi la Kibofu (Prostate): Septemba, mwaka huu, 2009, tulifanya uchunguzi wa hali ya afya ya tezi la kibofu (prostate) kwa kutumia mashine maalum na kwa kuchunguza damu yake. Vipimo vyote hivyo vimeonyesha hali si mbaya. Tezi lake lina ukubwa wa kawaida na hata vipimo vya viashiria vya kansa ya tezi hilo (PSA) tunavyofanya kwenye damu vilikuwa katika kiwango cha kawaida. Mhe. Rais hana matatizo ya prostate.

(h)Macho, Masikio na Pua: Tumeshamfanyia vipimo vya macho, masikio na pua na vyote viko salama. Mhe. Rais anavaa mawani lakini hayo si maradhi. Watu wengi baada ya kufikia umri wa miaka 40 si ajabu huhitaji mawani. Tunapofanya uchunguzi wa macho, ukiacha ile ya kuchunguza uwezo wa kuona, tunaangalia pressure ya macho na hali ya viungo vya nje na ndani ya jicho. Mhe. Rais hana matatizo yoyote.

(i)Damu: Tumekuwa tunamfanyia Mhe. Rais uchunguzi wa damu yake kwa vipimo mbalimbali vinavyotumika kutambua maradhi mbalimbali yahusuyo damu yenyewe na mwili mzima wa mwanadamu. Tumekuwa tunafanya hivyo kila baada ya miezi sita au panapojitokeza ulazima wa kufanya hivyo. Tumekuwa tunafanya hivyo hapa nchini na hata nchi za nje kwa nia ya kulinganisha matokeo yetu na kwa vipimo ambavyo sisi hatunavyo. Matokeo ya uchunguzi wetu yameonyesha kuwa Mhe. Rais yuko salama. Hana maradhi ya damu au kisukari, wala ukimwi, au ya wingi wa mafuta (cholesterol), ama ya kiwango cha madini, au ya tezi la kibofu, wala ya tezi la shingo, au ya ini, au ya homoni mbalimbali zilizoko mwilini na mengine n.k. Jambo pekee linalojitokeza ni kwamba Mhe. Rais ana damu nyingi. Hivyo, tumekuwa tunamshauri kupunguza damu kwa kuchangia Benki ya Damu. Tunashukuru amekuwa anafanya hivyo karibu kila baada ya miezi sita. Damu nyingi inaweza kuwa na madhara mwilini lakini Mhe. Rais hajafikia kiwango cha kuwa ni tatizo la kiafya. Pia tunamshukuru kwa kuwa mwepesi kukubali kupunguza damu ambayo tunaitumia kuokoa maisha ya watu wengine. Hakuna hofu yoyote.
Napenda kusema wazi watu wote wasikie na kwa ukweli kwamba mimi na daktari mwenzangu yaani Dr. Mohamed Janabi hali ya afya ya Rais silo jambo linalotutia shaka wala kutusumbua au kutunyima usingizi.

Tatizo pekee ambalo limekuwa likimsumbua Mhe. Rais mara kwa mara ni maumivu ya shingo yanayotokana na kuumia zamani utotoni na wakati wa ujana. Kuumia huko ni kwa baadhi ya pingili za uti wa mgongo, sehemu ya shingo (cervical spine), kuathirika na kumsababishia maumivu. Mara nyingi matatizo ya namna hiyo huwapata wanamichezo na wanajeshi. Kutokana na shughuli wazifanyazo. Kuumia siyo jambo la kustaajabisha.

Tutakumbuka kuwa Mhe. Rais amekuwa mwana michezo hususan mchezaji wa basketball, mpira wa miguu na hata riadha wakati wa ujana wake. Pia alikuwa mwanajeshi. Ili kutambua vizuri tatizo la shingo ili tujue namna ya kumpatia tiba tumeshamfanyia vipimo vyote muhimu vya uti wa mgongo toka juu mpaka chini. Tumetumia x-ray, CT – Scan na MRI-Scan. Pia ameshaonwa na madaktari bingwa wa upasuaji wa mishipa ya fahamu hapa nchini na nje. Pamoja na kuwepo athari katika shingo, madaktari hao kwa dhati wameshauri kuwa kwa sasa maumivu yake hayahitaji upasuaji isipokuwa mazoezi ya viungo. Mhe. Rais amefundishwa mazoezi anayotakiwa kuyafanya na amekuwa anayafanya kwa nidhamu ya hali ya juu. Matokeo yake ni kupata nafuu kubwa. Ndiyo maana siku hizo haonekani kunyoosha shingo mara kwa mara kama ilivyokuwa zamani kwa wale wanaokumbuka. Tunafuatilia kwa karibu sana hali ya shingo yake. Tunamfanyia vipimo vya MRI na kuonana na madaktari bingwa mara kwa mara.

Mwisho
Napenda kabla ya kumalizia nisisitize tena kwa kusema kuwa mimi na daktari mwenzangu hatuna mashaka na hali ya afya ya Mhe. Rais. Afya yake ni nzuri, hana maradhi yanayotishia maisha yake au kupunguza uwezo wake wa kulitumikia taifa na watu wake. Pia maoni yetu hayo ndiyo maoni ya madaktari wa ndani na wa nje waliowahi kuhusika na uchunguzi wa afya yake.

Napenda pia kuwahakikishia kuwa, sisi madaktari wake, hatutachoka kufuatilia kwa karibu na kwa umakini mwenendo wa afya ya Mhe. Rais ili tujue mapema kama kuna jambo la kushughulikia. Kwa hili lililotokea, tutaendelea kuchunguza kama jambo lolote lililojificha ambalo hatujalibaini.

Kwa sasa napenda kurudia kusema kuwa hakuna ushahidi wa kitaalamu wa kusema kuwa kulikuwa na sababu nyingine zaidi ya uchovu. Rais aliondoka New York Septemba tarehe 30 saa nane ya usiku kwa saa ya hapa Dar es Salaam kuanza safari ya kurudi nyumbani. Aliwasili nyumbani saa saba ya usiku wa tarehe 1 Oktoba. Njiani alisimama London na Nairobi kuunganisha ndege. Hivyo basi, alisafiri saa 24 bila ya kulala vizuri. Isitoshe hata kwenye ndege alitumia muda mwingi akifanya kazi. Asubuhi na mapema siku ya Oktoba 2, aliondoka Dar es Salaam kwenda Arusha kufungua mkutano wa Wabunge wa Jumuiya ya Madola saa nne asubuhi. Baadae jioni yake alishiriki kwenye hafla ya chakula cha jioni alichowaandalia wabunge. Rais aliondoka saa sita usiku kwenda kulala. Hatuna hakika alilala saa ngapi kwani najua akiwa na kazi huchelewa sana kulala. Tarehe 3 Oktoba, 2009 alikuwa na mikutano mfululizo na viongozi na wananchi pale Arusha kabla ya kuondoka majira ya alasiri kwenda Mwanza. Alipofika Mwanza alikuwa na mazungumzo na wenyeji wake usiku ule mpaka saa nne ya usiku. Tulipofuatilia tuligundua kuwa hata siku hiyo nayo alichelewa sana kulala kwani walipondoka wageni wake yeye aliendelea kushughulikia hotuba yake mpaka karibu na alfajiri. Katika mazingira hayo kupata matatizo ya mwili kuchoka sana, na hata kukataa kuendelea kutumika, na kutaka kupumzika kama ilivyotokea si jambo la ajabu.

Mwisho kabisa napenda kuwahakikishia kuwa Rais yuko salama. Afya yake ni nzuri na haina shaka yoyote. Uchovu uliokithiri ndicho chanzo cha yaliyotokea Mwanza siku ile ya tarehe 4 Oktoba, 2009. Mimi na wenzangu katika Ofisi Binafsi ya Rais (OBR) tumejifunza na tumeazimia kuwa waangalifu zaidi katika kupanga ratiba ya kazi ya Rais.

Dr. Peter Mfisi Ikulu, Dar es Salaam
Daktari wa Rais 08 Oktoba, 2009
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Yona Fares Maro
I.T. Specialist and Digital Security Consultant

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Subject: Taarifa ya daktari wa rais