Monthly Archives: February 2010

Kenya: Damning Report says the country is headed into crossroads as violent gangs resurface

DAMNING REPORT PREDICTING KENYA TO BE ON CROSS ROADS, FOLLOWING THE RESURGENCE OF POLITICALLY INSTIGATED GANG RULE AND LAWLESSNESS.

News Analysis By Leo Odera Omolo In Kisumu City

A damning report paints a gloomy picture about the presence in Kenya of gangs of terrorist groups that were organized by politicians during the post-election violence, and have mutated into criminal gangs, posing a big threat to the country’s national security.

The report entitled “Kenya National Dialogue Report” is an audit report carried out between October and December last year.

Some of the gangs, says the report, have retained their old names, while others have changed identity and are now engaged in extortion, torture and destruction of properties.

The operation of these gangs, outlined in an audit commissioned by the Kofi Annan-led group, that negotiated an end to the 2007 post-election violence, are mostly concentrated in the capital city Nairobi, Nyanza and Central Provinces.

“Findings show the politically-organized armed militia is not in place in a manner similar to the early 2008 period. As argued in the past, the groups have mutated into criminal gangs or are simply idle because there are no political jobs”, the report says.

Eighteen gangs, according to the report, which has been quoted extensively by the DAILY NATION, have been identified in Kibera slums alone, a suburb of Nairobi, which experienced some of the worst atrocities during the mayhem caused by the disputed presidential election of 2007.

Another eight gangs are based in Nyanza, two others are in Mathare slums and three are in Central Kenya.

Security personnel are conversant with the operation of the groups during and after the post-election violence, in which more than 1500 people were killed, and 650 displaced from their homes.

Two years after the violence ended, Siafu youth groups is still operational in Kibera slums. This particular group was responsible for the eviction of people from their houses at the height of the violence, but two years later, its members continue to control the houses, dictating who occupies them. Members of the public, living in such houses are forced to pay rent to the group and it has been threatening to expand its illegal influence to the neighboring areas. Like the Mungiki, gangs in Kibera also control public transport on routes passing through areas they have claimed control.

Gangs preying on the transport sector include, “Yes We Can, 14 Gengerarmerie, 12Flamingos, 12 Disciples, 40 Ndugus, ODM Youths, Darajani, Jipange and Super 14.

Security sources said recent gangs like Jipange, and Yes Wee Can have not been profiled yet.

In Nairobi North, where Mathare slums are situated, the, report identified Thaai and Wailer groups, which are described as the new version of “Mungiki”.

The report is, however, silent over the recent discovery of 131,000 bullets and some guns in Narok and in other parts of the Rift Valley Province, and unexploded bombs and grenades in various parts of the country that has caused a lot of jittery in the grand coalition government.

In Nyanza, there are Nyalenda Base, the Chief Squad, Nyamasaria Massive, Kenda Kenda, Kondele Bagdad for Peace, Karamojong Boys, Saba Saba, Artur Margaryan,Kebago, Chinkororo, Sungu Sungu,Amachuma.

“It is difficult to disband illegal groups because they enjoyed the support of some political leaders and sustain themselves through criminal activities”, points out the report.

Complicity by police officers and the inability by the police force to destroy the groups were also cited as an obstacle in checking insecurity.

Community policing, often touted by the government as the vehicle to tackle crime, was labeled as a “source of insecurity for the communities”.

“Gang members”, it is noted, “demand for payment of security in poor neighborhood. And the outcome of deteriorating security has led Kenyans in some areas into accepting informal groups in the society, thereby leading to compliance and allegiance to the gangs.”

Although the gangs are concentrated in urban areas, the marginal areas have not been spared by the State laxity and the report says more than 380 people were killed in pastoral areas in 2009.

The killings were occasioned by clashes between communities competing for water and green pastures for their livestock.

In Kisii region, the Sungu Sungu outfit, which had sprung up as an efficient group, politicking the villages and flushing out criminal elements, have since turned out to be “hired killers” executing the villagers for a prize under the pretext of eliminating witches and cattle rustlers. But the truth of the matter is that many innocent and peace-loving Kenyans in this particular region have lost their precious lives on petty family jealousies, and old unsettled land disputes.

The group at first received the approval of the Provincial Administration and police authorities to work and supplement the security operations in the region. But later turned the heat on the population, killing people, and even at times setting ablaze their dwelling house, which leaves the villagers in shock.

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leooderaomolo@yahoo.com

The Anatomy of Official Corruption and dysfunction of Kenya’s Coalition Government: Maize Scandal

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Time is long overdue to cut our losses folks; this coalition government has proved irrevocably unworkable; it is simply NOT working, I mean it hasn’t worked but isn’t it very clear by now? It is time we went back to the drawing board. The ongoing FPE, Maize saga once again prove that in Kenya, there are two sets of rules and standards; one for the High and Mighty in Society and their friends and one for everyone else. It has also validated many Kenyans heightened misgivings about this “Grand Coalition” government arrangement; this thing was doomed to fail from the start. God help us wake up from this nightmare that no Kenyan asked/voted for; it is too costly with its very astronomical human and economic cost. Kenyans are worse off under this coalition than they were in the first NARK administration, the looting has only tripled and Kenyans are burdened with the excessive mouths at the top to feed. These malfeasances in government are a direct consequence of the calls for Mass Action and the ensuing violence. Kenyans are tallying the ever rising REAL COST both in human lives and resources of Post Election Violence thus far and we don’t like it AT ALL. I want you, the reader, to follow the following narrative on the maize scandal, all of which is in the public domain by the way, and then project it by a factor of all the other scandals, exposed such as (Goldenberg, Kisumu Molasses Plant, Grand Regency sale, Immigration, Triton Energy, Anglo Leasing, Kenya Pipelines, Kenya Airports Authority, Kazi Kwa Vijana, Women Development Fund, Medical Services Procurement, FPE, etc) ,and yet to be exposed and judge for yourself the sincerity of the werewolves now shouting at the top of their lungs about corruption in Kenya:

Ø In October 2008, following the Post Election violence of 2007/2008, an estimated 3.5 Million bags of maize were destroyed, the Kenyan government, supposedly in order to fill the gap, avert famine, subsidize and stabilize consumer prices, imported maize at KSh3,750 per 90 kilogram bag with the intention of selling at KSh1,750 to bona fide millers and distribute to the affected populations. The government used taxpayer money to pay for the premium of KSH2000 per bag. The purchase/tendering was single sourced by a group (Ad Hoc Committee on Food Security) headed/chaired by Prime Minister Raila Odinga. No explanation has ever been given as to how the import price of KSh3,750 was arrived at. There was NO reason given why government procurement procedures were scuttled or why other interested companies couldn’t openly bid for the import tenders

Ø Farmers began hoarding maize in protest against the Government’s decision to fix their price of the crop at a much lower rate than what is paid for imports. As stated before, the Government was paying KSh3,750 for every sack of imported maize but paid domestic farmers only KSh1,950 for the same quantity of the grain!

Ø In April, 2009 Parliament’s Departmental Committee on Agriculture, Lands and Natural Resources called for investigations to be carried out the maize imports.

Ø Prime Minister Raila Odinga, his family and staff were adversely named in the subsequent report by the committee, as beneficiaries of the fraudulent scheme to inflate the purchase price of the maize to profiteer on the back-end.

Ø After these issues were raised in the report, in an attempt to cover up the PM’s alleged involvement in the scheme, the adverse recommendation against the Prime Minister, his family and staff was expunged for being “politically engineered” and “absolutely clumsy”. Instead they deferred responsibility for the questionable tendering for importation to the NCPB as the lead government agency for managing all aspects of grain importations into the country. Elsewhere on earth, this qualifies as “passing the buck”

Ø The top management of the NCPB, led by its Managing Director Prof. Gideon Misoi, was also named by Parliament’s Departmental committee on Agriculture, Livestock and Co-operatives as partially responsible in the irregular importation of maize. Additionally, allegations of impropriety were that some allocations of maize to entities/ individuals were done contrary to government policy at the time of allocating to millers according to their capacity. William Ruto, The Agriculture Minister however maintained that no law was broken in the allocations!

Ø 15 members of the current Parliament, some of them ministers and senior government officials, implicated as having written letters to the NCPB to allocate maize to their associates, friends or constituents. They include Hon. Henry Kosgei (Minister for Industrialization), Dr. Kilemi Mwiria (Assistant Minister for High Education Science and Technology), Hon. Kareke Mbiuki (Assistant Minister for Agriculture, Hon. Emilio Kathuri, Hon. Isaac Ruto, and Hon. Gitobu Imanyara) among others.

Ø The Prime Minister’s office, Ministries of Agriculture, Special programmes and Finance are All trustees of the Strategic Grain Reserve. As trustees, they authorized the release of the grains from the reserve. In one instance, the trustees are said to have released maize to the defunct National Milling Corporation alleged to have closed down in 2007! How was that possible? According to media report55, “Interglobal Logistics Limited”, a non-miller company co-owned by Dr. Mohamed Abdi Isahakia Permanent Secretary in the Prime Minister’s office and Mr. Barre Shill, a member of the NCPB board, was allocated 10,000 bags of maize for which KSh19 million was paid. Mr. Isahakia worked under the direct supervision of Prime Minister Odinga. A search at the Company’s Registry reveals that as of November 30, 2004, when the company last filed its returns, Mohamed Abdi Amana Isahakia was a director and shareholder of Interglobal Logistics Limited. Others were Mr. Wilfred Onyango, Mr. Ali Mohammed Abdi and Elias Bare Shill. Mr. Shill currently serves as a board member of the NCPB having been appointed by the Minister for Agriculture.

Ø As the scam unraveled, it was clearly evident that intentional collusion among a few individuals including political leaders, businessmen, officials at NCPB and other government officials significantly contributed to the maize shortage. These individuals were privy to information about a looming shortage of maize. Rather than providing a cure, they instead laid out a deliberate scheme to profit from the calamity. Within a space of about six months (July to December 2008), large quantities of maize from the NCPB were allocated to imposters posing as millers who in turn sold the “paper” to genuine millers at huge profits. The allottees were reportedly buying a 90 kilogram bag of maize at about KSh1,750 and selling it to genuine millers at between KSh2,200 and KSh2,700! They defrauded the public by inflating their purported milling capacity to the NCPB in order to be allocated large quantities of maize at the expense of bona fide millers. A miller, for instance, inflated his capacity 10 times his actual capacity, from 10 bags an hour to100 bags per hour! A representative of a miller claimed that the NCPB had asked her company to inflate their milling capacity!

Ø In fact, the allottees did not even have to physically move the maize from NCPB stores; all they did was sell their allocation to a genuine miller who would then collect the commodity himself. For example, Mr. Jackson Kibor, a prominent businessman and close friend of Agriculture Minister William Ruto, publicly admitted to having been allocated 100,000 bags of maize through his Mafuta farm. He said, “I bought them because NCPB was selling maize. There were no restrictions as to who qualified to buy the maize”. He in turn sold off the allocation to Mombasa Millers who collected the maize from the depot!

Ø This scam also involves the handling of bulk grain at the port of Mombasa by Grain Bulk Handlers Ltd (GBHL), whose eight-year monopoly in grain handling ended in February 2007, but yet again had their monopoly extended by PM Odinga, sparking protests from consumers and investors. The Government, through the Kenya Ports Authority, had invited tenders for a second operator but at the last minute Prime Minister Odinga controversially halted the process, citing need for further consultations with stakeholders on the premise that a second facility would undermine investor confidence!

Ø Of the single sourced maize imported to Kenya from South Africa, 6,254 tons (70,000 Bags) worth about KSH 261,000,000 (Millions) was supposedly deemed unfit for human consumption. It is alleged that some of these maize did in fact find its way into the domestic market but to this day the Government has never accounted for the whereabouts of the maize or whether or not it was in fact returned to its origin. However, reports published by the media on May 29, 2009 quote a government official, the PS for Special Programs, Mr. Mohamed Ali who visited the Grain Bulk Handlers Ltd. (GBHL) stating that the grains were fit for human consumption! So was the public duped and fed bad grain or was this a ruse to loot public funds? Where is the maize? The PM’s ad hoc committee on food security was responsible for the supervision and coordination of these imports; shouldn’t the Kenyan public be entitled to a full accounting of where this consignment ended up? When? How? Did we get a refund? Were any sanctions placed against the supplier? Did Kenya sue the supplier for damages?

Ø The Penal Code, Cap 63 of the laws of Kenya stipulates that it is a criminal offence to obtain goods by false pretences: § 313 of the Penal Code states that any person who by any false pretence, and with intent to defraud, obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen, is guilty of a misdemeanor and is liable to imprisonment for three years. In contradicting the Government policy for the allocations to be made to only accredited millers, ALL these mentioned individuals above are liable under the Penal Code.

Of greater import folks is that corruption in Kenya is endemic and no one person or party can stop it alone; we the public never got the chance to review the report implicating the PM, his family and his staff or any of the alleged conspirators. However, as of February 2010, all the folks below the rank of Minister mentioned above were either fired or suspended. The PM and other Ministers implicated still remain in office! There is no equity whatsoever in this government; there are two sets of rules and that is the biggest problem to overcome in Kenya. The recent charades by PM Odinga are not genuine by any stretch of the imagination. This is nothing more than a kettle calling the pot black and a deliberate attempt to deflect attention from woes within ODM and to regain some political footing given his waning public support. President Kibaki has also let Kenyans down by letting these issues linger and fester this long; for someone who campaigned on ending corruption in Kenya, standing on the sidelines or fence sitting is NOT the answer otherwise you end up turning complacency into complicity. The sad part about all these is that we the public continue to aid and abet the rot in government by comforting our respective camps even when they are wrong; we fuel the fires of discontent and mistrust by only pointing at the opposition while conveniently ignoring our own burning backyards; truth be told, this coalition is a nightmare that no Kenyan voted for, the sooner it ends the better everyone in the country will be. In the meantime, lets clean the sleaze in government starting right at the top on down!

Kenya: Nyatike Constituency on the move as power and water supplies are on the way to the villagers

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RESIDENTS OF NYATIKE CONSTITUENCY MAY SOON ENJOY MASSIVE SUPPLIES OF CLEAN WATER AND ELECTRICITY IN SCHOOLS, INSTITUTIONS AND TRADING CENTERS.

Rural News Feature By Leo Odera Omolo In Muhuru-Bay Town.

NYATIKE constituency, which lies extremely to the south of the greater Southern Nyanza region, and bordering Tanzania on the mainland and on Lake Victoria, is soon going to enjoy massive supplies of clean water for life.

The region, which was for many years considered as the most backward area in Southern Nyanza, has also been earmarked for electricity connection and supplies to all secondary schools, health centers and other important public institutions.

For the residents to enjoy close administration, the government has created two more administrative Divisions, and posted district officers {DOs} to Othoch Rakuom and Got Kocholla.

Othoch Rakuom Division is covering the far southern ends, and ends at the Kenya-Tanzania border. The area include Kaler Location which is the area bordering Tanzania on the mainland .

The Nyatike MP, Edick Omondi Anyanga, hailed the government move as progressive, and aimed at enhancing administration of the area, by bringing the administration close to the people.

Two more administrative location have also been created in East and Central Kadem, as well as two more sub-locations, known as Thim Lich and Kogelo Orago sub-locations.

All these new developments will give the resident the sense of belonging. Their sons and daughter would be employed as administrators and in other fields related to Provincial Administration.

A visit to the area by this writer over the weekend showed water pipes being laid all over the places in anticipation of massive water supplies to the interior part of the constituency.

Works are also in progress for the drilling of boreholes and sinking of shallow boreholes in some other parts of the constituency, where getting fresh and clean water for health has always been a nightmare in the region.

Fishing and fish trade is the economic mainstay of the region. For that reason, the MP, Omondi Anyanga, wanted the government to do everything in its disposal to restore the ownership of the disputed Migingo Island, which he maintains is part and parcel of Kenya. “The Island belongs to the resident of Nyatike”, said the MP.

Between 500 and 600 fishermen operating in the island are residents of Nyatike. For many years, the Migingo Island was administered from Migori district before Nyatike was created as a district. And even during the colonial administration that ended in 1963, these small Fishing islands close to Kenya shorelines of Lake Victoria were under the administration of the old South Nyanza district.

The MP added that nearly 250 fishing boats operating on Migingo Island belong to the residents of Nyatike and so are the fishermen. “And my people are being forced to pay heavy levy penalties to the coffers of a foreign power with the full knowledge of our government. The Ugandan government has now threatened to evict all those Kenyan fishermen and traders, who are unable to pay the Kshs 500 levy per day”.

“It is time the Kenya government look for a quick solution to the Migingo saga. It appears as if diplomatic contacts and negotiations have failed, therefore the government must consider other options to have the issue resolved once and for all”, said the MP.

The MP was adamant that the Kenya government owes Nyatike people an explanation a s to why it has allowed foreign occupation forces on Migingo Isand, which is part and parcel of Kenya. “These forces should be driven out as they have become the source of harassment and embarrassment to the Kenyan people. Kenya citizens are being forced to pay excessive levy to forces of occupation in their own country. This is a big challenge to our government, which must act decisively, otherwise all the islands in Lake Victoria would be seized by our neighbors”, said MP Omondi Anyanga.

In communication and other infrastructures, Nyatike constituency is on the move. The MP wants the government to get rid of criminal elements in the area, who are hindering trades and business expansion by traders and businessmen. Nyatike, being close to the border of both Tanzania and Uganda, is potentially an important trade route to the entire East Africa region.

Disbursement of government revolving funds, namely CDF, School Bursary Funds, Road Maintenance Funds and HIV/Aids funds are visibly well distributed, covering many projects located in sub-locations and locations.

Nyatike, which is a multi-ethnic rural constituency, housing people from various Luo sub-clans and other communities, is potential for cotton production, and the MP is working round the clock to ensure that he sources more tractors, which could be hired at lowest cost to the local farmers, for the cultivation of the land for cotton growing.

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leooderaomolo@yahoo.com

Kenya: War has erupted among the Nyanza Sugar millers over the cane harvesting zones

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WAR OF WORDS HAS ERUPTED BETWEEN NYANZA SUGAR MILLERS OVER ALLEGED SCRAMBLING AND POACHING OF RAW CANE FROM OTHER GROWING ZONES.

Business News By Leo Odera Omolo In Kisumu City.

The war of words has erupted between a number of white sugar milling factories, which are located within the Nyanza sugar belt in Nyanza Province, following complaints that one of the millers was encroaching into the exclusive cane growing zones which belonged to other millers.

As the result, cane farms developed with loans issued to the farmers by the affected millers, on the understanding that the loan money would be recovered by the miller at the harvesting time, could not be recovered in time. The burning issue is causing ripples among the players in the industry.

Experts however, have placed the blames for this unbecoming scenario on the door step of the Kenya Sugar Board {KSB}. The KSB flagrantly flouted the rule that required that a new sugar cane processing factory must be established at a distance beyond 40 kilometers away from the existing factory.

Despite vehement opposition from other millers and stakeholder, the KSB had licensed the Kibos Sugar and Allied Industries at Kibos, near Kisumu City, which is less than 40p kilometers away from Miwani Sugar Mill {now under the official receivership}. Hence the current situation of the standoff and not very orderly system.

What is happening now is that the Kibos Sugar and Allied Industries, after totally disregarding the existing harvesting of cane rule, constructed a weigh bridge at Awasi Market, hence the source of discontent.

Most of the cane farmers in Awasi and its environs are either contracted to Chemelil or Muhoroni factories. And a few non-contracted ones are also farming within the classified zones of the two factories. The management of the two mills have already expressed fears that they might be forced to close down owing to acute shortage of cane, which they have predicted would occur within one year from now, if the situation is not corrected in time.

The Agricultural manager at Muhoroni Sugar Company, Joel Wangendo, was recently quoted in the media as saying that the move by Kibos Sugar Mill to establish a weigh bridge at Awasi Market, which is located close to 60 kilometers away from their factory, and in an area which is considered to be the cane growing zones for both Chemelil and Muhoroni factories, is malicious and intended to destabilize the two government owned sugar manufacturing factories.

Nearly all the sugar millers in Western Kenya have their weigh bridges attached to within the mills gates, and not in the interior part of the country. Therefore, according to Mr. Wagendo, the establishment of weigh bridge at Awasi Market by the Kibos based mill is ill-conceived, and has malicious intentions of undermining both Muhoroni and Chemelil sugar factories. It was a move well calculated to mean reducing the amount of cane available for crashing by both Muhoroni and Chemelil sugar factories. Mr. Wangendo predicted that the two factories could be forced to close their operations within one year’s time, if the situation is not rectified and seriously addressed by the government.

Mr. Wangendo argued that some of the farmers being targeted by Kibos Mills for poaching in the region had received cane development loans from his mill and others from Chemelil, which they were suppose to pay back with cane deliveries. “When they have not delivered the cane, which was supposed to be security to the miller, it means we cannot recover the money”.

Another industry player observed, “in a situation where several white sugar processing mills are located close to each other, a proper definition of cane harvesting zoning is necessary in order to keep all of them afloat with continuous raw cane supplies”. “The government”, he added, “must work out a harmonious, but a clear -cut-policy and plans, to create the canes growing exclusive zones for each factory in order to avoid scrambling and uncalled for competition”.

In another important news development about Kenyan sugar production, which appeared in the columns of newspapers, is the confrontation between the Mumias Sugar Company Managing Director Dr. Evans Kidero and members of the Parliamentary Committee on Agriculture, chaired by the Naivasha MP, John Mututho.

Mututho terminated the committee meeting sitting at the County Hall, Nairobi, prematurely and declared the abrasive Mumias MD a hostile witness.

Dr. Kidero was summoned by the committee to be grilled about the alleged Mumias Sugar Company rising debt and allegations that the company was impoverishing cane farmers in the region.

The MP retorted to the committee members, “I choose not to answer questions about the company’s alleged debts to the Mumias Out growers Company {MOCO}. He also angered Mutuhto for allegedly saying that Parliament was not the right forum to discuss the sugar company’s dispute with MOCO.

This, according to the STANDARD newspaper, follows a claim by Mumias MP, Ben Washiali that Kenya’s most profitable sugar company owes MOCO staggering amounts of money in debt, to the tune of Kshs 2.6 billion.

Dr. Kidero said that the contract the sugar firm and the out growers company has, establishes the mechanism to solve disputes.

He said he was reluctant to discuss what he described as a private financial matter before the MPs because, “Mumias Sugar is a private company, and not a government parastatal body”.

He also said the matter has been arbitrated and concluded by Capital Market Authority and Institute of Certified Public Accountants of Kenya. But before the altercation with the committee chairman, Kidero had weathered a barrage of questions from MPs critical of the company’s treatment of sugar farmers contracted to it. Most committee members felt the company’s huge profits, estimated at Kshs 4 billion last year ,do not translate into reasonable income for the farmers in Mumias sugar belt.

Mumias MP, Ben Washiali, said sugarcane farmers displaced from their ancestral land, when the firm was established about 40 years ago, have not been adequately compensated.

Gichugu MP, Martha Karua, and Namable MP, Chris Okemo, were among those who severely criticized Mumias Sugar Company for impoverishing small scale cane farmers.

Okemo said the Sugar Act has been flouted, leading to exploitation of farmers.

It should be remembers that Mumias sugarcane farmers early last year staged a demonstration in Mumias town, to protest against delays in paying for their cane bills, underpayments and mistreatment. During the peaceful march in Mumias Town, police loathed teargas canister to disperse the farmers, who were led by six members of parliament from Western Province. But apparently unknown to the policemen, a troop of hired thugs and political goons from Kisumu took the advantage of the confusion, sneaked in, and unleashed violence against the demonstrators and MPs.

In the confusion that followed, the Mumias MP, Ben Washiali, was savagely beaten up and had his arm broken up by the thugs, suspected to be members of the infamous Kisumu Bagdad boys. The Bagdad Boys were said to have been hired and ferried to Mumias at night, in several Nissan Matatu vans, by some unknown persons.

The goons were suspected to have come from Kajulu suburb and the Kondele Bagdad Boys. All of them are said to have returned to their base safely, but later complained of having been conned by the person who hired them at Kshs 10,000 per each person, but later only gave them Kshs 3,000 each, while pocketing the balance.

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leooderaomolo@yahoo.com

LIT TO OK CHWER REM

1 Reply

Today at 8:25am
By Carol Rehema

LIT TO OK CHWER REMO
We live at a time when the future looks so gloomy; the site of “skeleton-looking”, diarrhoearing and vomiting. Patients in
hospitals are “bare-faced” testimony.Subjectively,the future lest squarely.One personal
decision, the rate at which we are losing dear Kenyans in this menace, A.I.D.S. is alarming! It is painful yes but bleeds not.

LIT TO OK CHWER REMO
Piny obiro mayore.Ochomo dhano tielo apar gi ariyo, tip! Ogoyi nyonga, tew!!Kar ruakruok to lonyruok; kapok okendruok to ipimruok.Tiegni marach otho e wich; resruok nowuog kune? Osiepewa mabeyo osenindo; wedewa ma wageno osedhi;moko bende ni e yo.Viwanja opong’o miere;mayatima wanatafuta pekoe;gates are being closed down..Eee…ma kuyo matamre kod nono jowadwa!! Chuny dhano kudo…koro ogik.

LIT TO OK CHWER REMO
Dhano wuotho opoklo nono;maiti mapok olandi.Ng’ama di sungre ni ler kendo ngima korie piny jowadwa,mmmhh!!!Iwacho mag dhogi itieko;..’gola uru oko,tera uru oko’Kuenda msalani kila wakati,kwani huyu mtu hachoki? ‘Wek mulo kanyo’ ;kwani wewe ni yai ukiguzwa unavunjika ama wewe ni moto wachoma? Chuny min oae joka ma! Irianori ariana.wachni lich mama ka masira ma pok olandi nyikwa Ramogi! Dhano chunye ler alera.Ka kun to dong’ de okun;ka ringo de oringi to odoko ni aywer ok we gunde.Mwandu ilunyo pep!!! Dhok itieko e kul,iuso nyaka loo ni ithiedho jatuo to ngimame medo mana bedo marach.Giko to kwingli!! Gima kare en ni dher ariemba inyiedho to/ka ing’iyo oko…nikech wuongi kadek pore apoya ma ipuk chak tendeng’!

LIT TO OK CHWER REMO
Kenya piny matin kendo manyako ma silili wito kachuoge motegno.Yawuot Ramogi maroteke dhiyo e bwo lowo rumo.Olembe mabeyo yamo turo;yiende motegno tur rumo.Ayaki rego ka poda,wabiro tuombo kanye?Dere mukore rumo,wabiro keno kamanade?Solro ma pilepile oromowa;kunyo pilepile oolowa.Kata ket mana kunyri kendi nikech joasungu ne owacho ni we should let the dead bury themselves.Saruru tieko ni ogik! Opao olo lowo ni chuth!…ayaki ni kodwa,wan bende wan kode.Ngimani en mari mondo irite!!!!!

Sembe im dak tinde pim gi nyamin?…makata ndalogi ka igloo kodhi; ochuti gi andiwa tinde owe ikomo serena gi seredo.Kata kar kunyo sirni funde kunyo foundation;kata ka ng’ato goyo dala to iting’o tado? Igedo kod kite….lokruok onego obedie, yawa!!! Yawa!!…there should be change!!!!!!Kaluwore gi kit piny,tero anyora tieko miere;tho mana ka apaka ma luwo bang’ apaka wadgi,jomatindo ne luwo bang’ joma oti.Ma manade ma nyithindo dhi rumoni?Jowadwa,winjo wach loyo bor im gi mit!!

LIT TO OK CHWER REMO
Rem malietni wagolo kune? Nyuanndruok makama ni oa kanye?Chakre kar ang’o ma ojende odonje terruok anyora kama!? Chakre kar ang’o ma mon odak makata chwo!? Chakre kar ang’o ma mine obet kod chuo e ute math!? BAYO ALANDA NOKEL AJIEMA ;BOLRUOK E AJUOGA MAR AJUOKE;ywak to ok yath!!!!!!!!

Kenya: I support Raila – when the dust and emotion settles he is the right to sack corrupt ministers

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I support Raila – when the dust and emotion settles he is the right to sack corrupt ministers.

By Macharia wa Gakuru

Before I met Raila in 2003, I thought him as a terrorist, a man who wanted to overthrow the government of Kenya by force. I saw him as a very bad man, and being he was a Luo, then he was against the Kikuyu, as I was made to believe that Luos were against kikuyus. Besides, for those who wanted to be very radical in their arguments, they compared him to the uncircumcised Philistines in the bible times (we don’t know if he is circumcised – and does it matter?) whose place was in Kamiti Maximum Prison. This mentality might be very much thriving in some members of Kikuyu community and how wrong I was and some still they are. In fact, one person told me if Raila ruled Kenya like Koigi wa Wamere, he will never step in Kenya and will shave his hair if Raila is out of the office or dies – whoever dies first –hoping that Raila was to die first before him.

I went to a social gathering the other day in East London and a good friend of mine was a bit drunk. He wanted to tell me his mind while he was sober but being that sometimes, you respect people while you can reason normally. He told me all he thought about me and my links with Raila in a straight manner. Let us call this friend Ngure Muramati – though it is not his real name. Muramati is Uhuru Kenyatta ‘damu’.

‘Macharia I know you support Raila’ he started

‘Yes I do I think he will make the best president Kenya will have in this decade. He is a leader ’, I replied.

‘Let me tell you I think you are a traitor and someone our tribe (kikuyu) should never trust ‘, he replied with signs of anger and frustration.

As I sipped by coke and he galloped his tusker he continued,

‘I remember very well you said that Kibaki stole leadership from Raila and that you wrote sometime back that Kibaki is out of touch with his people what will you say about Uhuru Kenyatta – what is wrong with him?’ He asked with a bit of focus.

For a minute, I saw as thought he had sobered up. I knew despite him showing signs of being drunk he was not out of his control or anywhere near. It was just one great opportunity that had risen for him to put me on a spotlight to know what I thought.

‘Kenya does not need a political dynasty. The next president of Kenya should be from any other tribe and in my opinion; Luos have contributed in our country and should lead us. I hate to think we will have another Kikuyu president.’ I replied.

‘That’s why I tell you that you have been paid to speak wrong about us. You are against Kikuyus,’ he bust out and banged the table.

‘No’, I replied

A friend sitting with us – Musau calmed him down ‘there is no fought here Muramati – it’s just a general discussion’

‘Kenya has 43 three tribes or even more. When will we have a Massai president, Luhya, a Digo or a Taita – Somali or even Rendille? Are they not Kenyans?

Don’t they deserve to lead us and even some can make Kenya much more transparent and free of corruption. In my opinion I don’t want to see another Kikuyu president and whilst the concept of democracy is that let the best win I still fell the tribe should support anybody else apart from their own’, I clarified.

The man did not like me for this. He ordered another round of drinks. By then my Nyama choma was ready and I was happy to share with my fellow Kenyans.

Another Kenyan hearing the debate decided to join our table. He had I think also noticed that the roasted meat was on the table.

‘Could I join you?’ he asked politely.

Well why not – Musau invited him as he introduced himself as Ochola.

Ochola was quite fluent in Kikuyu He explained.

My father worked in Nyeri post office and here he married his Kikuyu wife and I was born.

‘My parents are still in Nyeri – that’s where we call home,’ he told us.

He ordered a plate of Nyama Choma

‘I agree with Gakuru’ he said.

Muramati jumped in ‘well of course – you have Raila’s blood’ he exclaimed.

‘Of course yes but I also have a Kikuyu mother and I live in UkuyuLand,’ Ocholla added with a bit of frustration in his voice.

‘Raila hate him or love him he is a leader. He is active in every way and he acts on what he says. The other day there were issues of Mau forest – who went out to plant the to plant trees? Raila. Where was Kibaki? Hiding in the statehouse or pretending to be busy. Kenya requires a strong leader and that is what we know’, Ocholla added.

The evening did not end up well each man stood his ground and alcohol taking Muramati’s normal reasoning I decided to excuse myself and leave.

Kenya has many potential leaders be it Kalonzo Musyoka, Mudavadi or Uhuru Kenyatta but none of which world match the energy that Hon Raila gives our country. Of course I would prefer a very new person with ‘Obama factor’ but we cannot see any. Hon Muysimi Mutava looked as though he had credibility but when he got in the parliament he went to sleep or closer still thought of his own stomach. Tell us who out there will give Kenya a fresh new look? Who has the guts even with nothing in their hands to lead Kenya – is it Sam Ochieng, Jeff Macharia, Cllr Lapini or entrepreneur Joshua Odongo or our own Mister seed (Peter Kiruthi) who, who? Cannot we organize ourselves and find one among us and we give him or her our total support?

In my own world, I would hate to see another Kikuyu president. It will be so unwise and even in the next twenty years the Central province should give other provinces an opportunity to lead us. We do not need a dynasty in Kenya and we need to share our wealth to balance our people. There are tribes who cannot stand on their own, as they have not had the opportunity that the Central province has had. Central province started at an advantage and will always be advantaged lets give others a change.

Issue of Sacking of Ruto and Professor Ongeri

Kenyans forget very fast. In 2008, Ruto was at the center of the killing in the ethnic cleansing in the rift valley though we have to wait for ICC to prove this theory. Kenyans are very easily fooled. It is said that it is Uhuru who financed and equipped the Mungiki group to counter the Ruto Rift Valley killing – giving him a big merit among the Kikuyu tribe. How comes that they (Ruto and Uhuru) are sharing the same bed and darling of each other?

Have we just forgotten that its Raila – Ruto factor that caused the same mayhem that we saw in Kenya in 2008 and again they are fronting Ruto a good boy for PNU and Raila pushing his agenda of being the Kenyan president?.

Kibaki – we have known him as being at the center of a corrupt government whose accountability is never questioned enough. Well not as corrupt as Moi’s rule. Kibaki as a matter of a fact has done something that we can see but he could do a better . We also know you are corrupt in your own way and you will never jail your very own ‘boys’ – ‘kanda cia moko’ likes of Saitoti, Kiraitu Murungi, Murungaru and others. Equally the same will be said for Raila. Behind the scenes I guess that someone has refused to honor the dirty deal. They pocketed the whole money and do not want to pay their masters – this story is still unfolding – wait.

Kenyans we know the facts that all these political devils – Raila, Kibaki, Kalonzo, Ruto Mudavadi or even Kenyatta are not enemies. They are very good business friends. Don’t we hear that Railas son Federal and Jimmy Kibaki’s son are making huge profits in selling Kenyans oil?. They cannot let their dads fight – no way. We are all fooled.

Kenyans don’t be fooled. All these guys are playing the political game. There is new alignment being formed but whatever the alignment Raila Odinga is my man. He is the cleverest and sort of better nationalist than all the others. He wants to match Obama on the international scene and with this I think he will strive to do a good Job. He want to prove skeptics wrong that after all those years of struggle he had only good intentions to lead Kenya and as they say Luo’s are very good managers.

In my mind and when all the dust is settled Raila is right on the issue of planting trees on Mau escarpments, trying to remove all the squatters and the big fish out of the largest Kenya water catchments area which Kibaki boycotted. He is also spot on to sacking Ruto and Prof Ongeri. General Kiguoya – Mwai Kibaki should have supported both moves and it’s a shame he returned corrupt ministers in government at expense of the common mwananchi. Looking forward to President Raila Odinga in 2012.

East African Community: New fisheries research boats for Kenya and Uganda to boost Lake Victoria studies

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TWO NEW BOATS TO BE DEPLOYED IN LAKE VICTORIA BY KENYA,UGANDA AND TANZANIA TO
BOOST FISHERIES STUDIES

Fisheries News By Leo Odera Omolo in Kisumu City.

RESEARCH program project being carried out by the three members of the East African Communities, namely Kenya, Tanzania and Uganda has received three new boats valued at USD 2 million.

The three ultra-modern vessels fitted with sophisticated research gadgets will aid scientific fisheries studies in the lake.
Under the European Union-funded Fisheries Management Plan, the Kenya Marine and Fisheries Research Institute and Uganda’s National Fisheries Research Institute will each receive a new research boat fitted with an in-built laboratory, with the ability to determine fish populations, as well as the quality of waters in the Lake. The two vessels will cost USD 1.9 million.

Tanzania Fisheries Research institute will have a research vessel that it already owns refurbished and fitted with the latest equipment to improve its research capabilities. This includes fitting it with a new engine at a cost of USD 102,682.

The fisheries plan has been implemented through the Lake Victoria Fisheries Organization, over the past seven years.

The project manager, Samson Abura, said the new vessels are expected to cut down on the cost and time on studies.

The three vessels also play a major role in the management of Lake Victoria as they have modern equipment for assessing fish stocks. The lake is currently grappling with dwindling fish stocks, precipitated by intense fishing pressure, as well as infiltration of illegal and destructive fishing practices, such as the increased use of unauthorized fishing nets.

The Kenya Marine and Fisheries Research Institute assistant director in charge of inland waters, Dr. Richard Abila, said that the new vessel is fitted with echo-sounders that will aid hydro-acoustic surveys that determine the quantity and distribution of fish in the lake. The surveys are conducted quarterly.

Dr. Abila explained that the equipment functions using sound waves that are sent into the water and a signal recorded when fish is detected. Scientists conduct three surveys in a year to give a representation of the fish population trends.
The research boats also have advanced facilities for analyising water quality.

Now researchers going on expeditions in the lake no longer have to carry equipment with them, nor do they have to carry samples back to laboratories as they can analyze them on board.

Ends
leooderaomolo@yahoo.com

UGANDA sets tough investment conditions for foreign oil companies

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UGANDA HAS SET TOUGH INVESTMENT CONDITIONS TO OIL COMPANIES INTERESTED IN EXPLORATION AND PRODUCTIONS IN THE COUNTRY’S OIL FIELDS.

Mineral and Exploration News By Leo Odera Omolo.

The government of Uganda has set tough conditions for new foreign companies intending to invest in the production of oil and gas in the country.

Briefing members of the Parliamentary Committee on Natural Resources, the Permanent Secretary in the Ministry of Energy, Kabagambe Kaliisa, said one of the conditions set for a company to be approved by the government, it must have a capital base of at least USD 24 billion {Ushs 48 trillion}.

“Since the investment required in the short and long term{2010-2020} is estimated at USD 8 billion, a company with a market capitalization of three time the size of the required investment would be credible”, the PS said.

The PS told the committee meeting in Kampala on Wednesday that the oil and gas operatives are moving into the development and production phases, “Therefore, the type of companies required to carry these activities forward need to have the necessary risk capital and access to project finance for both the short and long term investment.”

“These companies”, he said, “ must have good operator experience, not only in exploration and production of gas and oil, but also in refinery, pipeline development and operations”.

“There was also need for licensing and maintaining several oil companies to avoid monopoly”, Kabagambe said.
In addition, the companies must be agreeable to the government’s current development strategies, which include early commercialization of the resources, value addition, training of Ugandans and paying taxes.

“In order to approve the transactions, the Ugandan government ought to consider the best interest to propel the people in the industry further”, the PS added.

The Permanent Secretary was appearing before the committee to explain the current transactions between the oil companies operating in the country. He also disclosed that 15 oil and gas fields have been explored since the year 2006, with an exceptionally high drilling success of 94 per cent. A reserve of two billion barrels of crude oil worth USD 50 billion has been discovered to be in place.

Kabagambe further explained that the oil reservoirs have to be tested and appraised. He gave the breakdown of the estimated total production costs as follows; “ Power generation and transmission facilities may cost USD 300 million, oil processing and transportation equipment another USD 1.5 billion, refinery development USD 2 billion, further drilling USD 20 million and expanded storage and pipeline infrastructure USD 4 billion.

He said it is therefore beneficial to the country that a bigger player who expresses interest in joining the petroleum industryis given preference.

Kabagambe informed the committee members that Tullow, the Irish firm that has been actively exploring oil and gas in Western Uganda does not have the required capacity and has decided to invite partners. French Total and the Chinese state-owned CNOOC are currently being evaluated to partner with Tullows.

“In recognizing the need to avoid a monopoly, Tullow has presented their plans to partner with both Total and CNOOC”, the PS told the MPs who were attentively listening with a lot of interests.

Kabagambe said, however, that the government has asked Tullow to reconsider its proposal of operating two out of the three exploration areas instead of each partner operating an exploration area. “Tullow has also been asked to submit joint operating and sales agreement with Total and CNOOC”, he added.

The government recently announced that it has approved the deal for Tullow to take over the 50 per cent share of its partner Heritage, in two blocks in the Lake Albert region at USD 1.5 billion. The decision ended a bid by the Italian company Eni to buy Heritage stake.

The PS further disclosed that the transaction between Tullow and Heritage will be subject to a capital gains tax of USD 300 million {Ushs 6 billion} to USD 400 million {Ushs 8 billion}.

The committee members, however, expressed anger over the fact that the oil production sharing agreement had not been made public.

“Our hands are tied. All these issues need to be discussed after when we have read the oil agreement”, MP Beatrice Anywor said.

Another legislator, Aniuta Kawoyo said the government should not delay the production process, adding that billions were being lost as a result.

The state-owned NEWVISION reported that the Ministry of Energy’s principal geologist had declined to comment on the issue as to when the production will commence, but told the MPs that Tullow plans to start selling crude oil in the middle of this year, especially to cement industries.

It was announced during the meeting that a national oil company would soon be established to increase the national participation and accelerate the knowledge and transfer.

Ends
leooderaomolo@yahoo.com

Kenya: Displaced Persons begin 200Km March to Petition Kibaki

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Folks,

This is the way to go people…..Walk for your freedom…….where is the money Balala,
Uhuru, Kalonzo, and Ruto with others, collected for the ressettlement of IDPs?……I am
aware, there were some money Uhuru also removed from Finance Ministry without being allocated
to him by the Parliament…..Can these IDPs be treated more humanly?…..

We DEMAND to know the whereabouts of the money collected…….These IDPs people
are also Human Beings, and after collecting money, it should not take too long to
ressettle them……..It is a Criminal Offense and a Violation of Human Rights to expose
humans under conditions at which IDPs have been inhumanly treated…….

Let President Kibaki respond immediately, effectively and fairly….

Thanks,

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

Displaced persons begin 200km march to petition Kibaki

IDPs from Mawingu camp, Ol Kalou, started a trek to Nairobi to petition President Kibaki to order their immediate resettlement. [PHOTO: James Munyeki/STANDARD]

By James Munyeki

More than 10,000 internally displaced persons at Mawingu camp in Ol Kalou want President Kibaki to order their immediate resettlement.

And to achieve this, they began a protest march to the State House to deliver the message to the President.

The IDPs, including their children and the elderly, started the 200km journey to Nairobi from their camp yesterday to petition President Kibaki over the matter.

“It will not matter the number of days we will take to get to State House, but the President must now listen to our grievances since we fear the coalition government might collapse before we are resettled,” said Mr Peter Kariuki, who is leading the demonstration.

Mr Kariuki said they had withdrawn their children from schools to participate in the protest.
“We are determined to make a statement and be heard. That is why we have ensured all our children accompany us. We are tired of living in these deplorable conditions. Someone, this time the President, must listen to us,” said Kariuki.
He said since they moved to the camp two years ago, 52 people had died due to deplorable conditions.

Central PC Kiplimo Rugut said they had pleaded with IDPs to give the Government more time to resettle them. “We believe someone has been inciting them on this. We want them to understand that we are doing something about their resettlement and we are doing the best that we can. We understand the poor conditions they are living under but we are calling for their patience,” said the PC.

Mr Rugut said the Government had resettled more than 1,000 families saying plans to resettle the other 2,000 families still in the camp were under way.

By mid-day Tuesday, the IDPs had covered more than 20km on their way to Gilgil town.

KENYA: PETITION TO PRESIDENT EMILIO MWAI KIBAKI ON CORRUPTION

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THE PETITION OF PEOPLE OF KENYA TO PRESIDENT EMILIO MWAI KIBAKI

SUBJECT: DISPLEASURE AT YOUR MISMANAGEMENT OF STATE AFFAIRS

We, the People of Kenya assembled and represented here, register our utmost displeasure at the lax and confused manner Your Excellency is managing State affairs. The disunity within your cabinet puts to question the legitimacy of your Grand Coalition Government, especially when ministers brazenly disregard the rule of law, to pursue self-serving causes that injure the common good.

The level of corruption in the Grand Coalition Government has reached appalling proportions because you treat the corrupt with kid gloves, even protecting them to abet the vice. Corruption is decimating the Republic and you must crush it. We want to see the war on corruption become a high-handed war on the corrupt. Hence, we welcome the recent suspension of senior civil servants and two ministers, Prof. Sam Ongeri, Minister for Education and Mr. William Ruto, Minister for Agriculture. We now call upon Your Excellency, to use state machinery to ensure the two suspended ministers do not continue to occupy their ministerial offices.

Further, we demand that you immediately suspend the following individuals and order independent forensic audits in the scams in their ministries:

Ms. Naomi Shaban, Minister for Special Programmes, for the loss of money meant for the resettlement of IDPs and for the theft of strategic maize reserves that resulted in the starvation and deaths of many Kenyans.

Mr. Kiraitu Murungi, Minister of Energy, for his complicity in the Triton Oil saga where billions of shillings were stolen from the Kenyans.

Prof. George Saitoti, for the compromised security situation in the Republic;

Mr. Otieno Kajwang, for the reported scandals in the Ministry of Immigration and Registration of Persons where job permits and citizenship are being issued against the law.

Last but not least, we also demand that you prevail upon Ambassador Kiplagat to resign as the Chair of the Truth Justice and Reconciliation Commission, given his compromised past which disqualifies him from being a Commissioner, but over qualifies him for the witness or the defence box.

Until the above demands are met we will mobilise peaceful marches and rallies across the Republic to demand competent management of our beloved country.

Thank you.
CC:

National Assembly Speaker Kenneth Marende
Chief Justice Evans Gicheru

Signed on February 17, 2010 for Kenyans by the following Petitioners:

Bunge la Mwananchi
La Vie Foundation
NVk – Mageusi
Kenya Community Abroad
Integrity Quest and Environmental Rehabilitation of Kenya (IQER)
Centre for Law and Research International (CLARION)
Name and Shame Corruption Networks (NASCON) Campaign
Social Reform Centre (SOREC)
Social and Public Accountability Network (SPAN)
Kibera Human Rights Network
Ujamaa Center
New Vision Kenya
Elimu Yetu Coalition
Daraja
Kenyans for Justice and Development (KEJUDE)

THE ISSUE IS CORRUPTION NOT POWER!

WE WANT A POST ODM/PNU KENYA!

CORRUPTION WINS IN THE RAILA-KIBAKI POWER PLAY!

GOVERN FOR THE COMMON GOOD NOT SECTARIAN INTERESTS!

FIGHT CORRUPTION; STOP THE CHARADE!

GIVE US AN ALTERNATIVE TO PNU & ODM!

ENOUGH IS ENOUGH

ENOUGH WITH CORRUPTION, ENOUGH WITH LIES, ENOUGH WITH POLITICKING

ADDRESS THE SCANDALS IN GOVERNMENT AS NATIONALISTS

IMPUNITY OR KENYA?

NO SACRED COWS!

FIGHT CORRUPTION! STOP SIDESHOWS!

POWER GAMES PROTECT THE CORRUPT!

DON’T POLITICIZE PUBLIC INTEREST!

THOROUGH, TRANSPARENT AND INDEPENDENT INVESTIGATIONS!

FAIR TRIAL NOT POWER STRUGGLE!

RUTO TOKA!

KIRAITU TOKA!

SHABAAN TOKA!

SAITOTI TOKA!

KAJWANG TOKA!

ONGERI TOKA!

KIPLAGT TOKA!

KIBAKI END CORRUPTION OR KENYA ENDS YOU!

CLEAN GOVERNMENT FOR POVERTY ERADICATION!

ODM NA PNU NI MAKUNDI HARAMU!

Kenya: President Kibaki has betrayed the trust of Kenyans

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President Kibaki has betrayed the trust of Kenyans

President Kibaki cannot be trusted to fight corruption, and therefore Kenyans are right to conclude that he is not a reformer but only retaining the status quo.

The current imbroglio between him and the Prime Minister over the handling of corruption suspects in the government is an indication of a divided government which cannot be trusted to bring about the change Kenyans are desperately yearning for.

By revoking the suspension by the PM, of Ministers accused on corruption, Kibaki is condoning a vice that has dwarfed the success of our nation; creating unnecessary tension in the Country, which has put the coalition government in a quandary.

The Prime Minister portrayed true leadership, and a spirit for reforms; a platform under which he campaigned in 2007.

Even though he may have overstepped his boundaries, Kenyans expected the President to respect his decision in the spirit of cohesiveness and unity of the Country.

Kibaki himself is not perfect, for he has on several occasions violated the constitution, besides trashing the MOU of 2002.

He acts like he is serving the interest of a few corrupt Kenyans, and often disregarding the prime Minister; an equal partner in the coalition government. What baffles many of us is why he often takes a stand which does not reflect the feelings of the majority.

His lacklustre performance on reforms is because of trying to salvage political careers of individuals suspected on corrupt deals; a tragedy for national success.

We are seeing the worst betrayal from a leadership we thought was diverse to bring positive changes to the Country. We are at limbo on the capacity of our leaders to tackle the problems facing the country.

One section of the government is for reforms and eradication of corruption, while the other wants to shield the vice for selfish ends.

Kenyans who are now more informed expected President Kibaki to be pro-active on reforms, since his second term in office is littered with a questionable victory that led to bloodshed, tribal leanings, hate, and mistrust.

The president, and his PNU side of the coalition, should stop crying wolf, just because the Prime Minister killed the snake using a wrong stick. Majority of Kenyans are happy that he killed the snake, despite using the wrong stick.

The demonstrations in support of honourables William Ruto, led by the Eldoret mayor, and that by a section of Abagusii leaders, on Sam Ongeri early this week, for their abortive suspension from the Cabinet, is a portrayal of egocentricity, lack of leadership and political cronyism.

When a mayor takes to the streets to demonstrate because a fellow tribesman has been suspended from a ministerial docket, reflects a nation still manacled on politics of self interest and ethnicity.

Honourable Ruto’s supporters must remember that when Moi ruled Kenya for 24 years, the community never used to demonstrate against those who gave Moi headache, especially the clamour for multiparty politics.

The idol worship by the Kalenjin Community on Ruto does not help him at all, but keeps dimming his political star each day.

Tribes must act with sobriety when their leaders are implicated on vices that dent the nation. I come from Gusii but since I believe in a corrupt free society, I can’t defend Professor Sam Ongeri, just because he is a fellow tribesman.

Supporters of the Ministers must remember that the two are mere suspects. They have not been proved guilty, and their exit from the dockets was to pave the way for investigations.

Therefore, it will be salutary as per Deputy Prime Minister Musalia Mudavadi’s suggestion, for Dr. Koffi Annani to intervene and save the coalition government from collapse, especially now that the Country is gearing for a new constitutional.

Let us not be fatigued to seek outside assistance to our domestic challenges. It has worked in the past and will still work to put our Country in a better footing.

It helped in the inception of political pluralism in 1991, helped to quell the post election violence, which created a power sharing deal between Kibaki and Raila. It may end up helping the slow reform process in the Country as well as the implementation of Agenda four of the national accord and fighting corruption.

Finally, it’s imperative that President Kibaki and Prime Minister Odinga sort out their differences to unite the Country. The current standoff will jeopardize the fragile peace that has been attained in the Country, after the post election violence.

Joseph Lister Nyaringo

New Jersey, USA

KENYA: RAILA, IT IS TIME TO REPLACE ACTIVISM WITH STARTEGY

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Dear all,

As they say, when a hen is caught by an hyena, you do not only blame the hyena. You must also blame the hen. I cannot deny that Kibaki is a very very bad man. Kibaki kicked Raila out of NARC after Raila fought tooth and nail for him to be the president of Kenya. I am pretty sure Kibaki could not have come close to presidency without Raila.

As the Italian Mafia say, Raila made Kibaki. Indeed if Raila did not endorse Kibaki, Uhuru could be having his second term. Yes Kibaki is a bad man, he stole the last general election. He installed himself as the president at night, even when the law said that is impossible. He then decided to almost whack Raila. How bad can one be for us to declare him so or too bad.

But, ladies and gentlemen, this is not the end of the story. If Kibaki is that bad, then he must be bad to someone. From the time Kibaki joined politics to date, he has never been vehemently against one as much he has been against Raila. Although he quit Moi government when he was aware he was going to be replaced, he did not openly display the level of displeasure against anyone as he has done against the only person who probably saved his life and his career.

If I was Raila I could have called the old man for a drink and asked him, “Sir, Why do you hate me so much?”. But this is politics. As they say “nothing is personal”. “I had to do what my people want, if not I could have lost my life” may be that is the answer Kibaki always gives Raila every time.

“One who still drinks and merry at the house of a wife who is sleeping with his enemy is digging his own grave”, that is Barack’s saying.

I have a very good reason for the above statement gentlemen and ladies. A chicken that has escaped a Hyena’s grip should know how far they can hunt for even human feces or cow dung for that matter. After the last general election, with all the lives lost, with all the crisis, with all the bitterness, with all the headaches, Raila still did not listen to the people who insisted that he should only sign a comprehensive agreement with a real 50/50 power sharing.

Our forceful suggestion was that, if Kibaki takes justice and constitution and finance ministry, Raila had to take defence ministry and internal security. It did not matter how long the negotiations took. People were keenly waiting on Raila’s decision. However, all these advise and strategy fell into deaf years. Raila still felt that he could trust Kibaki. He went ahead and signed a half baked coalition law. A law that only favored him and left the ODMer’s out. One by one, soldiers fell by the way side. Raila even proceeded to strongly pursue a stronger coalition with Kibaki’s base, while dismantling his. When these arguments came up, the sycophants brandished the strategists as traitors and said “go PM, go go go go PM is your birthday, we gona party like it is ……”.

Here we are now. The PM has only powers to suspend and not to fire and even that is suspect. Kibaki called it a bluff and there no damn thing the PM can do but to cry for Annan to come back.

Well the process to dismantle the PM began. The Mungiki issue came. While Kibaki refused to meet Mungiki, the very people who met him in the state house after he stole the election and actually burned people alive on his behalf, Raila said, ” Mungiki are Kenyans and if Kenyans have problems then I must meet them”. Well the meeting failed because of the noise Raila supporters made and still make. I am glad this meeting failed, but do not forget, Raila sent a book to Maina Njenga. The book was on how to control masses.

Then followed the issue of postelection violence, Raila wanted all his supporters to be jailed, hanged or taken to the Hague hoping that he will remain in the coalition with Kibaki. And I was left to wonder, if they pick one of your supporters, especially Ruto, would it not be possible for Ruto to give evidence against Raila. Why does Raila think that he is so clean about this. Are there phone calls, communications, meetings that Ruto could use. I still believe that Ruto would not go down alone on this.

Kibaki knows about this and he cannot wait for Raila to tie a rope around his own neck. Indeed he hoped this rope could hang Raila faster, but it seems it was taking too long, so when the Mau issue came up, he saw another opportunity. And to everyone’s surprise, Raila again swallowed the bait, under the pretext that he is a man of the people and would kick poor people out of their homes, put them in the streets and still hope to be loved by everyone. Kibaki waited until the day of tree planting and told Raila to carry his own cross. Do not forget, Kibaki himself directed Raila to take charge of the Mau issue. Why did he back off in the last minute and fail to go for tree planting. Raila was told, this was a wrong move, but again he listened to sycophants. He believed that Kenyans really cared about being a populist.

Then came the Ruto issue. If there was any man who is not from Raila’s tribe that could have taken a bullet for Raila in Kenyan, then I must say that that man is Ruto. Ruto left his “father” (there is quite a resemblance, check it again) Moi to support Raila and yet every chance Raila got, he hammered Ruto and all Ruto’s interests. He hated Ruto with a passion, to an extent that he decided to eventually fire him, when Ruto only gave 1000 bags of maize to a disabled man, while Raila’s aid had ten times this.

Well Ruto did a mistake. He corrupted himself. However, I have rarely seen a man handing over his child to the police for stealing one dollar. He has not killed anyeone for God’s sake. There must be room for warning, especially when it comes to Ruto and the votes that Ruto can bring to the PM in the next election.

Yes corruption is so bad. I detest corruption, but if you want to start a war, you must check if you have enough soldiers and enough weapons. At the time the PM chose to fire Ruto and Ongeri, he knew quite well that the accord does not give him any powers beyond the one he invoked. He should have known that even though he is in the executive branch of the government, he does not have powers over the police, the army, the provincial administration and even the justice department. All he has is the coalition amendment.

Essentially Raila has no powers to do anything but squeak. Which means when he has created problems then he has to go and cry to those who have the power of the money and the gun and that is the USA and the west. Raila does not have this power within the precinct of Kenya. Moreover, Raila could have waited only 2 MORE YEARS TO HAVE ALL THE POWERS HE NEEDS TO FIGHT EVERYTHING HE BELIEVES IN. WHY IS RAILA IN SO MUCH OF A HURRY. HOW DOES ALL THIS BENEFIT HIM, HIS BASE OR ANYONE IN KENYA. WAS IT SO IMPOSSIBLE TO KEEP RUTO AND BALALA FOR JUST 2 YEARS.

Knowing this, was it wise for Raila to create this crisis? Did Raila dig his own hole this time? I say yes yes yes. Raila nolonger have the votes to pass anything in parliament. Like Ababu Namwamba said, very few people are willing to go to the streets because of Raila or this issue. The reason is that many do not see this as a genuine course of action. Some see it as genuine, but doubt if the timing is right. How can one decide to suspend a goal keeper from an opponent team, and expect the captain of the other team to keep mum.

In this matter, especially in Africa, the law may be overlooked, especially if you do not have the powers to defend it. Raila himself would protest if Kibaki fired Orengo or Otieno Kajwang. Here I think the PM became a hen looking to be eaten by an hyena. He made himself very vulnerable and very soon he may suffer a vote of no confidence as a payment for his mistake.

Corruption is bad and I hate it, but for Raila to admit that he did not need to consult Kibaki to fire Ongeri borders on activism and disqualifies Raila as a strategic thinker. Did Raila do this as a revenge or did he think it is the right thing to do? Did he ever think of what will follow? Did he think PNU would be very happy about this? Did Raila ever know that he nolonger has the majority in parliament? These are just some questions that crisscross my mind, and upto to today and I have no solid answer. All I can say is that Raila still thinks he is an activist. He still thinks that he has to please the public, even if it is a wrong time to say something in public.

Now Mr. PM, there is a crisis due to what you have done. What are you going to do to resolve this? Calling Annan will not help this time.

I have a solution for you. Pre-empt. Quit the coalition and lets have an election. If you win, you can fire anybody, anytime you want. As for now, know that you are nolonger an activist, have advisers and consult first extensively, talk to non-sycophants, ask for independent opinions, then make a decision that is not going to make us kill each other again. Make a decision only when you have a backup solution. And please, let Annan retire in peace.

Yours Sincerely

Dr. Barack Abonyo

Tanzania: Ten Year BAE Systems Aviation Radar Purchase scandal that just won’t go away

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THE MULTIMILLION DOLLAR SCANDAL, INVOLVING THE BRITISH FIRM AND THE SUPPLY OF AVIATION RADAR TO TANZANIA COMES BACK TO HAUNT

Investigative News Writes Leo Odera Omolo

Information emerging out of the Tanzanian capital, Dar Es Salaam says that the country is at crossroads, wondering whether to investigate afresh an international corruption case involving British arms manufacturers BAE system.

This came about after the company had allegedly admitted it was guilty of dubious financial dealings in its sale of a USD 46million Watch Air Traffic Control System to Tanzania.

BAE Systems, it was reported, admitted there were malpractices received as payment in the deal.

In its latest edition, the EASAFRICAN weekly quoted the company chairman, Mr.Dick Oliver as saying in an exclusive interview that “Under the agreement with the Serious Fraud Office {SFO}, the company will plead guilty to one charge of breach of duty to keep accounting records, in relation to payments made to a former marketing adviser in Tanzania.

“The company will pay an agreed penalty of 30 million sterling pounds {USD 46 million}, comprising of a fine to be determined by the court, and the balance as a charitable payment for the benefit of Tanzania”.

But back in Tanzania, senior officials of the Prevention and Combating of Corruption Bureau {PCCB} and the Ministry of Justice, were reported to be tight-lipped on whether to continue with fresh investigations or not.

Last week, UK’s Serious Fraud Office {SFO} allowed BAE to plead guilty in a London court to the offence of selling to Tanzania a 28 million pounds air traffic control system, and yet requesting for USD 46 million in payment.

The SFO then dropped its charges against those involved in scandal, who included Tanzanian officials Anbdrew Chenge {then the Attorney General} business tycoon Tanil K.C Somaiya of Shivacom and one Shailesh P.Vithilan.

In court, they were accused number six, eight and nine respectively. Accused number seven is not mentioned on the charge sheet.

Mr Chenge was later appointed a minister for Infrastructure Development in the President Jakaya Kikwete administration. But he resigned after SFO implicated him in the scandal, with claims alleging that he had received 1.5 million sterling pounds from BAE as “Kick Backs”.

The World Bank and the International Civil Aviation Organization –before and after the purchase of the system –said it was unnecessarily overpriced.

The PCCB investigation was however largely dependent on SFO findings, meaning the country will have to conduct its own probe.

This viewpoint is supported by the Deputy Leader of the official opposition in the National Assembly, Dr Wilbrod Slaa. And the SFO has been actively investigating the USD 39.5 million {Tshs 53.billion} contract signed in 1999 to supply a radar system to Tanzania.

The probe also relates to payments of USD 12 million to Shailesh Vithilan, BAE’s former marketing adviser based in Dar Es Salaam.

A six year investigation by SFO identified key roles played in the radar deal by Mr.Chenge, the former AG, and Dr. Idris Rashid, the then Bank of Tanzania governor.

PCCB public Relations Officer, Doreen Kapwani, was quoted last week as saying that they were yet to issue a comprehensive statement on the matter.

Tanzania Minister for Justice, Mathias Chikawe, also declined to offer any comment. But by pleading guilty under section 221 of the companies Act,1985,BAE will not face an embarrassing court case.

Last month, Uganda civil aviation authorities demanded payment back for a dummy radar, which was purchase before the summit of the Commonwealth Head of States and Government {CHOGM] in November 2007, which has since then ceased to operate.

Ends
leooderaomolo@yahoo.com

East African Community: EALA Meeting in Kampala is abruptly adjourned after Ugandan MPs stay away

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SPEAKER OF THE EAST AFRICAN LEGISLATIVE ASSEMBLY FORCED TO ADJOURN THE HOUSE PREMATURELY AFTER THE ELECTED UGANDAN MPS STAYED AWAY.

Reports Leo Odera Omolo In Kisumu City.

FOR some yet to be explained reasons, Uganda elected members of the East African Legislative Assembly stayed away on Monday afternoon, prompting the Speaker of the House to adjourn the sitting twice, due to lack of quorum.

The EALA, the legislative wing of the East African Community is currently holding its two week’s session in the Ugandan capital. Such a meeting rotates to all the five member states of the EAC, namely Tanzania, Uganda, Kenya, Burundi and Rwanda.

The state-owned NEWVISION reported this morning that the House, presided over by the Speaker, Abdularahim Abdi, was at the time receiving a report of the committee on agriculture, tourism and natural resources, on the common strategy for food security in the region.

While the committee chairperson, Dr. George Nangale, presented the report, Janet Mmari {Tanzania} raised a point of procedure, saying the House was proceeding without quorum since there was no elected Uganda member present.

The rule of procedure governing the EALA requires that all the member countries have to be represented by at least three elected MPs.

The only Ugandan legislature present in the House at the material time was the Ugandan Minister for EAC Affairs, Eriya Kategaya, who is technically not an elected member of the Assembly.

The Speaker suspended the meeting for 10 minutes to give the Clerk time to try and mobilize the Ugandan MPs.
However, after 15 minutes, the Speaker returned to the Chamber and announced that the Ugandan elected MPs could not be found, and the House adjourned again.

And after the House had adjourned, some Ugandan representatives appeared in the lobby, but they declined to talk to the media about their sudden disappearance from the House business.

Nusura Tajoni, one of the MPs later explained that the Ugandan member were attending a crucial meeting in an attempt to resolve a dispute over a committee position. But one Margaret Zziwa was bold enough to disclose that the Ugandan MPs were busy discussing other pressing issues.

Other business scheduled for the day included consideration of the committee report on regional affairs and conflict resolutions.

The House was also expected to consider a motion urging the EAC member states to take action against female genital mutilation.

Sources within the opposition parties in Uganda severely criticized the elected Ugandan MPs for lack of commitment to the deliberations of the Assembly, even when such meetings are held within their doorsteps.

One anonymous spokesman for the opposition blamed the Ugandan representatives, whom he accused of earning millions of shillings from the taxpayers, only to stay away from the meetings of the EAC.

Ends
leooderaomolo@yahoo.com

KENYA: CONGRATULATIONS RAILA!

From: Mugo Muchiri

Los Angeles, CA

Let Prime Minister Raila Odinga be amply congratulated for his courage in suspending Agriculture Minister William Ruto and his Education counterpart Prof. Samuel Ongeri. The PriceWaterhouseCooper’s (PWC) report on the maize importation fiasco fingers Ruto, while the Auditor-General’s report faults Ongeri’s laxity in the face of a pervasive robber culture at the Ministry of Education.

At the same time, I find myself EXTRAORDINARILY ASHAMED of President Mwai Kibaki. His countermanding of his co-principal smacks of impudence and callousness to the Kenyan people and must be seen as a red flag waved at the forces out to combat high level graft.

There was a time when Kibaki was good for Kenya. Without much fanfare, he raised the stature of the country in the eyes of the world. The FPS initiative, the enhanced efficacy of the KRA which saw Kenya finance 90-95% of its recurrent budget, the free anti-retrovirals, the paying on time of farmers, all these marked the beginnings of a wananchi-centered policy agenda. People responded overwhelmingly. Emboldened by a zero tolerance declaration, wananchi frog-marched corrupt cops to police stations to report them to their bosses.

WHAT HAPPENED TO THAT KIBAKI? The answer is simple: RE-ELECTION. Kibaki proved no exception to the coinage‘power corrupts’. The sprinkling of water on the fire that had started burning away at corruption (surgery in judiciary) worked itself into a downpour when Kibaki roped in former President Moi . Of course the latter’s support was to come at a price. Zero tolerance became zero action…….except in endless commissions meant to vent public anger.

What Kibaki doesn’t know is that Raila’s action of suspending Ruto and Ongeri is actually a blessing in disguise to all Mbuta who have screwed Kenya left, right and center and now sit on their bill-gatesian wealth with impunity. It is better to be ushered out gently.

There is a huge simmering rage in Kenya right now. Especially concentrated among the youth, this malaise is fueled in large part by rampant joblessness, a hopelessness about a better tomorrow and the predictability of the current leadership’s insouciance. THIS IS AN OPEN SECRET.

For the high minded guardians of the Gate, those who prefer to split hairs in legalese, remember that a ticking bomb doesn’t understand parochial arguments of constitutionality,much less the delineations of the National Accord & Reconciliation Act. It just goes off!

TRULY, TRULY, TRULY it’s a sad day in Kenya when a president is seen to rush to the defence of culprits who have been fingered by an independent report and cite as the overarching principle the need to adhere to constitutional boundaries. In the interest of evenness, one wonders which black hole this yearning to be guided by the Constitution disappeared into several years ago when his Internal Security minister (and by implication he) blatantly violated press freedoms by raiding the Standard offices inorder “to protect the First family’s name”.

THERE IS STILL TIME, MR. PRESIDENT. CALL A JOINT PRESS CONFERENCE WITH THE PRIME MINISTER. TELL KENYANS THAT YES, ONGERI AND RUTO WILL HAVE TO LEAVE FOR 3 MONTHS BECAUSE YOU AND YOUR CO-PRINCIPAL DEEM THIS THE RIGHT THING TO DO. OTHERWISE, IN THE EYES OF MOST KENYANS INCLUDING THIS ONE, YOU MAY WELL KISS YOUR LEGACY GOODBYE AS IT GOES DOWN THE TOILET. INDEED YOUR PLACE, AS A BENEFACTOR OF HIGH LEVEL GRAFT, WILL BE FIRMLY CEMENTED IN THE EYES OF ALL KENYANS.

GOD GAVE YOU SUCH AN OPPORTUNITY, MR. PRESIDENT………….WE DON’T FORGET YOUR POETRY ON YOUR FIRST INAUGURATION………………..WHAT HAPPENED TO YOU, SIR? CALL AGWAMBO AND DO A JOINT PRESS CONFERENCE…………..PLEASE……….FOR THE SAKE OF THE NATION AND ITS UNITY. NO KENYAN WANTS TO BE IN THE HATE BUSINESS.

KENYA: A RESPONSE TO ATTORNEY-GENERAL AMOS WAKO: PRIME MINISTER IS THE PRESIDENT’S EQUAL

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A RESPONSE TO ATTORNEY-GENERAL AMOS WAKO: PRIME MINISTER IS THE PRESIDENT’S EQUAL

By MIGUNA MIGUNA, BA, LLB, LLM
Barrister, Solicitor & Advocate of the High Court
Prime Minister’s Advisor on Coalition Affairs &
Joint Secretary to the Permanent Committee on the Management of Grand Coalition Affairs
Issued at Nairobi on February 16, 2010

Kenya’s everlasting Attorney-General, Amos Wako, is better known for his contagious smiles than for ground-breaking legal interpretations or decisive action against graft.

Kenya’s chief legal officer and prosecutor appear vast in the rigmaroles of political survival than in the intricate webs corruption has constructed within our public institutions.

On matters of political intrigue and expert legal mimicry, Mr. Wako is perhaps the most dexterous among all my professional colleagues. He can read the political wind like a magician. And his lips assume the artificial vigour of an excellent puppeteer when his political masters call.

I am not saying these things because I dislike Mr. Wako; few Kenyans suffer from such afflictions. Mr. Amos Wako is not just a friend of mine; he is my senior colleague. As a gentleman of the old school, I hold him in high esteem.

Before I sat down to prepare this statement in response to what Mr. Wako said yesterday with respect to the meaning of the National Accord and Reconciliation Act (2008) vis-à-vis the conflicting orders issued by the Two Principals in the Grand Coalition Government, I shuddered. I shuddered because among the permanent bureaucratic faces in the Grand Coalition Government, Amos Wako is closest to me.

However, Mr. Wako’s latest attempt at interpreting the National Accord and Reconciliation Act (2008) has compelled me to respond.

I understand that both Mr. Wako and the Justice Minister Mutula Kilonzo were part of the drafting team that prepared the National Accord. If this is true, Kenyans must hold them directly accountable for all the loop-holes and deficiencies that they now claim are in that document.

The question Kenyans must ask Wako is this: where was he all this time? Why has he come out now to attempt an interpretation?

If Wako wanted a credible interpretation that most Kenyans would trust, he ought to have had that done by a non-partisan professional; preferably a non-Kenyan. Because he has not done that, Kenyans are entitled to read politics all over Mr. Wako’s political interpretation.

Firstly, Wako asserts that the President’s purported quashing of the Prime Minister’s three-month suspension of both William Ruto and Sam Ongeri from the Cabinet in order to allow for credible and independent investigations into corruption allegations against their respective ministries, senior officers and themselves personally amounts to a constitutional crisis.
Mr. Wako’s latest statement is the most embarrassing and scandalous utterance ever made by an Attorney-General in the Commonwealth. He should tell Kenyans clearly the nature of the Constitutional crisis and its genesis.

Without a doubt, we are facing a political crisis; a crisis caused by President Mwai Kibaki’s refusal to respect, honour and abide by all the terms of the National Accord, which was entrenched in the Constitution and therefore the supreme law of the land.

In the preamble to the National Accord, both the President and the Prime Minister stated that “given the disputed elections and the divisions in the Parliament and the country, neither side is able to govern without the other. There needs to be real power sharing to move the country forward.”

In that statement and commitment, both Principals recognized that they did not individually have a mandate of the Kenyan people to govern alone. They undertook, legally, constitutional and politically, to share real power so that the country could move forward.

Secondly, both Principals stated that the “coalition must be a partnership with commitment on both sides to govern together and push a reform agenda for the benefit of all Kenyans.”

Although Mr. Wako would like the country to believe that the President has more power and constitutional authority than the Prime Minister, the National Accord, which the President signed, clearly contradicts that belief. The National Accord is categorical that both the Prime Minister and the President are equals. That their relationship within the grand coalition is a “partnership” based on a joint “commitment” to “govern together.”

Section 3(2) of the National Accord explicitly provides that the Prime Minister is “the parliamentary leader of the political party that has the largest number of members in the National Assembly; or a coalition of political parties in the event that the leader of the political party that has the largest number of members of the National Assembly does not command the majority in the National Assembly.”

In other words, the Prime Minister is a senior partner in this Government by virtue of being the leader of the largest political party in parliament.

Thirdly, with respect to the constitutional authority of the Prime Minister, section 4(1) provides that he “shall have authority to coordinate and supervise the execution of the functions and affairs of the Government of Kenya including those of Ministries.”

Strict legal interpretation of this section inevitably leads to the conclusion that the Prime Minister’s authority to supervise and coordinate the execution of all the functions of Government, including that of Ministries entails the power to conceptualize policies, allocate responsibilities, set standards, discipline, commend and do any such things that would facilitate the execution of all Government functions.

Months before the Prime Minister suspended the two Cabinet Ministers; the Government had ordered investigations and audit of allegations of graft at both ministries. And just over a week ago, the Prime Minister publicly announced, at a workshop of senior government officials that he officiated with the President, that had consulted with the President and recommended that both the Minister for Basic Education and his Permanent Secretary step aside in order to allow investigations over the alleged misappropriation of billions of shillings of the Free Primary School Education funds. These are public funds!

Kenyans noted that the President neither commented on the Prime Minister’s statement at the function nor refuted the Prime Minister’s assertion that they had consulted.

That was because the President was aware that section 4(1) of the National Accord gives the Prime Minister exclusive mandate and authority to discipline Government officers, including Cabinet Ministers that he coordinates and supervises.
A lawyer of Mr. Wako’s repute must surely know that without the power to discipline, supervision would be meaningless. He must also be aware that there is no constitutional provision guaranteeing the power of supervision, and by extension, discipline, to the President. If such a provision exists, some of us would be interested to know where it is.

Mr. Wako knows that section 4(1) of the National Accord does not contain the word “consult.”

Fourthly, section 4(5) of the National Accord provides that “the removal of any Minister nominated by a parliamentary party of the coalition shall be made only after prior consultation and concurrence in writing with the leader of that party.”

In plain language, the section means that the President cannot dismiss an ODM Minister without first obtaining written concurrence from the Prime Minister. Similarly, the Prime Minister cannot dismiss a PNU Minister without obtaining written concurrence of the President. However, both the Prime Minister and the President can legally dismiss the Ministers they appointed on their respective sides of the coalition without seeking or obtaining written concurrence of each other. Consultation and concurrence is only necessary if either principal want to dismiss or have dismissed a cabinet minister and senior public servant from his partner’s party.

In other words, legally and constitutionally, the President and the Prime Minister are equals in all respects. The announcement by Kibaki of the PM’s nominees for appointments is perfunctory.

Fifthly, regarding the formation of the Grand Coalition Government, section 4(2) of the National Accord states that “the persons to be appointed as Ministers and Assistant Ministers from the political parties that are partners in the coalition other than the President’s party, shall be nominated by the parliamentary leader of the party in the coalition.”

Once again, the National Accord is very clear that “the parliamentary leader of the political party” in the coalition is the person with authority to appoint Cabinet Ministers and Assistant Ministers.

Finally, section 4(3) provides that: “The composition of the coalition government shall at all times reflect the relative parliamentary strength of the respective parties and shall at all times take into account the principle of portfolio balance.”
In other words, the Constitution and the National Accord explicitly provides that the number of Cabinet and senior government positions by the two coalition partners must reflect their relative strength in parliament. It means that legally, the Prime Minister and ODM are entitled to more positions in Government than President Kibaki and PNU.

However, despite the foregoing explicit provisions, both the Prime Minister and ODM have, over the last two years, patiently waited for both President Kibaki and PNU to recognize, respect and uphold both the letter and spirit of the law.
It is now apparent that the Chief Government Legal Officer who is constitutionally mandated to assist in correctly interpreting and applying the law has not just failed to read and understand the law; but precisely because of that fundamental failure, he cannot properly advice the Government and guide the people of Kenya.

Under the circumstances, I urge my senior friend and colleague, Amos Wako, to publicly acknowledge that he has failed in his onerous duty and provide an opportunity for another worthy Kenyan professional to render his or her services to the motherland!

In conclusion, let me say that the ongoing altercation within Government is very unfortunate because it masks the primary reason for the Prime Minister’s reason: fighting corruption and impunity in Kenya. But it has been imposed on the Prime Minister and ODM by the President’s and PNU’s failure to honour the National Accord.

Fortunately for Kenyans, the Prime Minister has an illustrious history of fighting for social justice, respect for the rule of law and an end to corruption and impunity. That fight must continue.

-END-

KENYA: DECODING THE MAIZE SCAM

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Ruto is smarter than given credit for. He has so far deflected attention from the real scam in the maize deal engaging people in endless sideshows.

Summary

– 1 million bags of maize secretly disappeared from the Strategic Grain Reserve under custodial care of NCPB and the Agriculture & Special Programs Ministries in mid 2008. The maize was irregularly advanced (cheaply and without upfront payment) to individuals who exported it to Southern Sudan, leaving Kenya a literally starving nation.

– NCPB Warehouse had 2.6 million bags of reserve as per June 2008 but the Min. Of Agriculture and Min. Of Special Programs and the NCPB could only account for 1.6 million bags when probed. This is where the scam is and Ruto, Misoi (NCPB), Boit (NCPB), Langat (NCPB), Kiome (Agric – PS) and Ali Mohammed (Special program- PS) are deep in the thick of it.

– That raid on maize stocks caused an artificial shortage with maize price soaring and consumers protesting

– In response, the Prime Minister formed an ad-hoc cabinet committee to address the shortage

– The committee instituted a stupid subsidy program and a rushed program of maize imports

– Tenders were awarded to big and small maize importers, many being overnight briefcase companies associated with first time MPs like Ababu Namwamba, Simon Mbugua, Joshua Kutuny etc, spread across the political divide.

– For protection against blackmail, tenders were strategically offered towards key top offices, with firms associated with State House (Gingerlily Farm) and those linked with Prime Minister’s officials (Isahakia’s & Caroli’s) lured in as well. Of course they took the bait.

– Ruto’s insurance company AMACO and NCPB CEO Prof. Misoi and managers Boit and Langat also make side deals with gunny bags (gunias) for the maize.

– Upto now, there has been no accounting for the 1 million bags that secretly disappeared from strategic reserves but people are wasting time with sideshows such as asking who and who imported.
Attention has been deviated from the blatant theft of reserves in the first place. The truth is getting pieced slowly.
This Weekly Citizen report from the 2008 archives details the scam.

POSTED BY SIRKEN ON 15 FEBRUARY, 2009 / LABELS:

MAIZE SCANDAL, WILLIAM RUTO

Although he is making a mighty effort to portray an image of one unflapped by the avalanche of accusations roaring down his way, Agriculture minister William Ruto is deep inside feeling the steady tightening of the noose around his neck.

And with only two or three MPs showing signs they are willing to stick their necks out for him to the bitter end, it is increasingly becoming apparent that it is just a matter of time before the man finds himself on the drying line.

This because unlike the abstract affair of the Waki Report that has left Ruto running scared albeit with a room to wriggle out, the maize scam matter has what those levelling the charges against him say is tangible and damning evidence enough to make his noon look like night.

The onslaught on Ruto over the maize scandal intensified last week, causing the minister quite some low spirits and depression. Sources close to the minister have since intimated that he is now blaming his woes on political differences within ODM.

They say on Wednesday when Ikolomani MP Bonnie Khalwalwe now commonly referred to the “people’s bull” due to his fight for the poor against
corruption by the mighty, Ruto called a senior employee at his Amaco Insurance based at Trans National house and is said to have directed him to find out who had leaked e-mail communication between Al Champdany Industries Limited and Silas Simatwo, a senior manager at the insurance company.

The minister is also said to have called Joshua Kulei a former powerful member in the Kanu regime last week and discussed the maize scandal. Controversy surrounds who owns Milling Corporation, a company that was also allocated maize by the National Cereals and produce Board (NCPB). The firm is based in Nakuru.

It has further emerged that one of the beneficiaries of the maize scam has bought a Kenya Airways hostess Diana Chebet a sports Range Rover. Chebet who stays in Lavington was in the news recently on matters relating to Nigerian drug dealer Ken Ombino who was deported from the country.

Back to Kulei, it is imperative to note he was one of ODM financiers who channeled his money through Ruto and even backed Samuel Mwaita to defeat Gideon Moi in Baringo Central Parliamentary Seat.

That Ruto is worried is well explained when come last week he called a press conference to defend himself.

In a statement released to the press the minister claimed all maize released by the NCPB was paid for and not a single bag was sold without the authority of the board of trustees.

Ruto further claimed he was neither a director nor employee of Amaco and the company did not inquire, tender for supply any gunny bags to NCPB.

Amaco Insurance Company was formed when Ruto enjoyed State House links during the reign of former President Daniel Arap Moi. It had on its list of clients big time government institutions including the military.

Shareholders of the company include Ruto and Joubert and Borman Limited a company in which Ruto and his wife own majority of shares. Another shareholder is Silas Kibet Simatwo, a well known wheeler dealer.

The said Simatwo the man in-charge of running Amaco was out to get Kickbacks from the gunny bags deals at the Minister’s behest. The amount involved in the deal ran into millions.

Weekly Citizen has obtained a copy of an e-mail from AI champdany Industries Limited who claim to be a trading house recognized by the government of India. It is addressed to M/s African Merchant Assurance Company Ltd Kenya. Attention to Silas Simatwo the Managing director.

It states, “Ref our telcom, as desired by you we now offer for 90 kg bags instead of 50kg bags requested earlier as under. We offer 2 million jute bags 112 CMs x 67.5 HD100 gms/bag plus/ minus 50gms 76×28 threads per DM. 3 blue stripes heracle sewn SOOpcs/ bale at USD 0.97 per bag…… Our offer is valid up to 31/7/2008 for your reply.

It is signed by a one N Pujara and copied to the High Commissioner of India to Kenya. Weekly Citizen has established that it is true the said e-mail was
received by the Indian High Commissioner. It is dated 26.7.2008.

Come July 30, 2008, Simatwo wrote to Pujara as follows,

“Dear Mr. Pujara, our conversation refers. I am in receipt of your fax which contains your company price guide. Other Indian companies have given their prices to Cereals Board.

One of the most competitive of them is already in Nairobi for negotiations. They already have an agent in Nairobi who has approached me to front for them. I would however prefer to use my vantage position to work directly with you which is why I would prefer you urgently come over to Nairobi. This morning I had a meeting with both the minister and the Cereals Board MD. We resolved that I ask you to urgently come over so that we finalize the deal. Kindly expedite.”
Questions are being asked as to why Simatwo popularly known as SS who is not a civil servant was brokering the deal.

Two, why Ruto and NCPB Managing Director Prof. Gideon Misoi held a meeting with SS lobbying AI Champdany Industries to supply gunny bags.

Documents in our possession show 10 companies were interested is the supply of gunny bags to NCPB. They were Budge Badge JT, AI Champadany
Industries, Anglo India Jute Mills Ltd, Naffar Chandra Jute Mills, Ludlow Ltd, Giant Industries and Hawrah Mills Company Ltd.

To make a kill from the tender, Ruto and Prof Misoi manipulated the board not to offer the tender to the firm with the best price.

It is imperative to note Hawrah Mills Company had offered the price of US dollars 0.965 which was equivalent to Sh62.725 then. AI Champadany
quoted US dollars 0.97 that is Sh63.05. The same was quoted by Murridhar Ratanial Exporters.

It is emerging, brokers with Ruto’s blessings made sure companies that had oiled palms were awarded each to supply 1 million bags.

They were Howrah Mills, Murlidhar Ratanial and of course AI Champdany industries which is said to have parted with a hefty amount.

Come to maize allocations the puzzle of the missing 1 million bags is still lingering. It is worth noting, as per June last year, the strategic reserves had 2.6 million bags but Ruto is only able to account for 1.6 bags.

Documents we have raise queries on the manner in which companies were allocated maize. For example B2K Ltd based on Cannon Towers II 5floor
Bandari Wing Mombasa in a letter to NCPB sales manager dated 15″1 September 2008 states. ‘This is to confirm that we will pay for the 7500 bags allocated to Agrillion Solutions. We therefore request the sales order be written to Buzeki Enterprises Ltd. The cheque reference number is 102833.

It is emerging that companies, that were allocated but unable to pay transferred to others. Ruto’s personal Assistant Simeto Oscar on 5th November 2008 wrote to Prof. Gideon Misoi on Ruto’s official Letterhead stating:

“Ref: purchase of 1000 bags of maize by Robinson Mbugua Nene. The letter reads, “The Hon. Minister for Agriculture requests you to assist Robinson
Mbugua Nene purchase 1000 bags of maize from the National Cereals and produce Board.”
Afritrack Support is one of the briefcase companies that were allocated maize. Controversy surrounds the manner in which Wasso Investment Ltd with box number 608-00517 was awarded 20,000 bags of maize.

A letter signed by Rehema G. Galgalo reads, “We wish to buy 20,000 bags of maize from your organization. We run a milling firm in Isiolo district and due to persistent drought there is acute food shortage in the region.”

Instead of the 20,000 bags asked for, only 10,000 bags were approved. Uhuru Kenyatta is said to have pushed for the allocation.

Kapsoit Millers of Box 598 Kericho was allocated 10,000 bags as per request of one Robert Kipyegon.

Shabab Millers who claim to be based in Northern Kenya with branches in the entire region with headquarters on Uganda House, Kenyatta Avenue Nairobi requested 50,000 bags. A one Ahmed Elyass is the Managing Director.

Agrilion Solutions with no physical address giving address number 48994 Nairobi through a letter signed by Willy Bett was allocated 10,000 bags. Part of the letter Bett wrote to NCPB reads, “We subcontract the milling services to companies which we have longstanding relationship.”

On 1 September 2008, Vicky Chebet Kones using her links in the political world request to purchase 5,000 bags of white maize.

Her controversial letter states, “I would like to purchase 5,000 bags of maize to be distributed to needy Kenyans in Baringo and West Pokot. If my request is accepted, I will collect the maize from the most convenient depot. Kindly assist me in any way possible.”

Five thousands bags were approved with the MD NCPD approval. She sold the maize instead of distributing to needy Kenyans.

Another fake company that benefited is Kunouz (K) Ltd. Abrahim Limo the Managing Director wrote on 24th July 2008 requesting to shift point of collection from Bungoma to Kitale depot after he failed to get a buyer miller.

The letter reads,” Further to your letter of allocation Ref. NCPD/SALES/19/V/503 of 8000 bags Ex-Bungoma silos. We wish to kindly request for change of allocation point to Kitale depot.

Sir, we are being compelled by our logistical reasons to request for the same. We are ready, willing and able to pay for the entire quantity at Kitale prices and if possible be 50 Kg bags instead of 90Kgs.”

The request was approved. But perhaps the most controversial was the request by Western Regional Millers Company Limited. Through a one PMM
Musindi the chairman, they requested for the purchase of 50,000 bags of maize.

On 28th August 2008, Saino Commercial Agencies through the director James C. Koske was allocated 20,000 bags. Koske is said to have sold the maize to Southern Sudan. Koske dealings were facilitated in Kericho.

Saino Commercial whose address is Nairobi but has no physical location claims in the request letter to be a reputable company dealing with
dry foodstuffs.

A note on the request letter says “Hon. Ruto called and was approved.

Other millers caught in the saga are Mamlaka Millers Ltd based in Athi River, Summer Millers of Ruiru, Jakisa Distributors, Mrs Esther Kigo of Box 6164 Nairobi, Kilalani Millers, Nangat Trading Company of Saidi Ahmed, Ruiru Company associated with Praful Shah, one Nichorus K. Mwenda of Mem Millers and Chemco feeds (K) Ltd of Nairobi Kariobangi North with request letter signed by Gakere Mwangi the general manager.

Uasin Gishu politician Jackson Kibor through Mafuta Farm was awarded 100,000 bags raising eyebrows. It is suspected that Kibor entered into maize business deal with Ruto on 50-50 share basis. He sold on behalf of the minister to avoid conflict of interest. Oscar Sudi a close ally of Ruto is also caught in the scam.

It has also emerged that aware the issue was to boil in parliament, Ruto working together with Budalangi MP Ababu Namwamba and Cherengany MP Joshua Kutuny worked on a list of those they lured into the scam that Namwamba was to table in the house.

The idea was to shift the attention of Kenyans from Khalwale’s list by introducing the First Lady Lucy Kibaki to the maize saga. But the acheme exploded in their faces.The move did not work well as Namwamba who had been hosted in Ruto Eldoret North Constituency found himself in trouble.

By late last week Ruto and his allies, Namwamba and Kutuny had changed tact from the First Lady and were now blaming top ODM luminaries for using the maize scam to bring down Ruto due to his rising political star.

They are asking why Prime Minister Raila Odinga and his deputy Musalia Mudavadi have not come out in open to defend Ruto either in parliament
or in public function.

Last edited by THIRIKARI (Today 21:46:53)

May God Bless forgotten souls of children and women burnt alive at Kiambaa Church. May he provide wisdom and courage to Ocampo and Judges at the Pre-Trial Chamber II. May impunity by warlords masquerading as politicians be dealt a death-blow.

—
Wams

From: Margaret Gichuki
RCBOWEN

CHUNG MOTEGNO

1 Reply

Amor mar kwayo oganda onagi duto kamoramora magintie ni gi chung` motegno
ahiinya bende gibed kod kwe.

Ang`o momiyo awacho kamano? En ni e sechegi ema wanyalo ketho weche mabeyo
to bedo maricho nikech mirima. Kaluwore kod gima nyocha otimore e kind Jakom
kod Ker, anene ni en gima ne joka bimbe ne ose pango chon.

Rang uru ane malong`o e gik matimore nyaka nee jakom chak wach mar bunge ma
MAU.

Gi lweny malich ose yudi diriyo e piny masaai. A ng`o mimiyo gigo timore?
Joka bimbe sani ose bet piny mi oneno ni onge wuodgi moro motegno manyalo
chung` e yiero mar 2012 koro gima duong` gidwaro mondo gitiek jakom. Omiyo
warit uru dhowa kod mirima to weche duto waket ni Nyasaye namar gilweny go
jogo dwaro mondo giti kod jo holo okak ma nee okawo lowo e mau mondo gi chak
godo lweny gi jokaynaanam. Mano ema omiyo gidwaro thuwowa kod jo kisii
bende. YAWA BED URU MOTANG`

We’ve built Kenya in many years, yesterday we allowed it to destroy.

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I am still in shock about what is happening in Kenya. I am sitting here and remember how after the 2007 elections, the PEV disabled me through depression. I could not work, I could not watch TV. I could not eat. I could not make love to my wife or spend time with the children. I lost interest in everything. I was useless. And to quench the urge to find out whether Kenya would overcome the political crisis, I got addicted to the Internet. Since then, the truth is that I have never been the same again. Though the progress made the reasoning by the progressives and moderate minded politicians has since cured me of my depression and addiction. Or have they.

What happened yesterday was catastrophic. I was left remembering the words of one decorated GSU soldire whose words stood high over the burning and smoking tire fire, over the souls of the lost brothers and sisters after we sent them prematurely to Jehanam, Ahera, Mbinguni, Heaven, Hell or Purgatory. He said, “Wajameni, hii Kenya yetu tumeinjenga kwa mda murefu, munataka tuiharibu in one nday?”

I was looking forward to returning to Nairobi in 2 or 3 months to campaign for the passing of the new constitution. Now it appears I will be coming there as soon as Thursday.

To Raila, I do not want to say “I told you so!” Yet I just wonder how you miscalculated this one. I mean, the trend was as obvious and as predictable as a rainbow is a promise after rain. Kibaki cheated you on MoU, He stole the 2007 elections, He refused to honor the National Accord. Then as my nemesis Dr Abonyo and friend Mutahi Ngunyi warned over and over with a loudspeaker herein the Internet, Kibaki hoodwinked you regarding the Mau issue as he orchestrated a hatred and bout between you and the very people who denied him victory in 2007, as he lured you with trying the PEV suspects at The Hague. Oh my goodness, despite all the obvious signs, you failed to see how Kibaki was donning a sheep-skin and feeding you grass to fatten you, and then adding firewood to your fire-fight with Ruto, while sharpening the knife to slaughter you when you would be ready to be eaten? For in the eyes your opponent, it was not Ruto who denied him victory, it has always been you and none other.

In pursuing corruption, attempting to save the environment, seeking to bequeath unto our descendants a better constitution, and risking your political career and your supporters’ peace, you have just been handed what I consider the opposite of a Nobel Prize. Ridicule and humiliation. Well, here is the good news. Though you have a bloody nose, and may have lost your balance yourself, you are down now, but not out for the count. At least not yet.

Before elections, the people were with you. Your opponents rigged the elections and the people stood with you until the National Accord was crafted. While you managed to get it embedded in the constitution, your opponents refused to honor it even after you graciously agreed to give up the right to the full loaf of bread you rightly won. The people stuck with you. Now you face rebellion within your ranks, your opponents have removed the camouflage and shown you their brutal Brutus dagger, albeit before they actually plunge it on your chest.

Yes, the people are still with you, Agwambo. Though this may be your last chance, my 10th great grandfather Ragem says thus: “The curse of Jaramogi is not genetic, therfeore it shall not befall you.”

So fight Raila, fight harder for Kenyans. Be strong and the wiser. Do not compromise your Pan Africansim. You promised you were prepared to pay the price rather that compromise your values. Unfortunately for many a brave person like you and those who seek to do right, the ending has often been sorrowful. But we thank God for your good health and the freedoms you have brought and will fight to safeguard them for you, for ourselves and our children.

To Kibaki & Moi, not I, but my 10th great grandfather Ragem says thus: Though your silence and aloofness is your best weapon, your vindictiveness is your curse. Clinging to power begets only violence, and your the kitchen cabinet that misadvises you is reminded that, the fly that likes the copse follows it to the grave.

And because I am basically Ruto’s age mate, I have the right to address him directly. I say: Well done. I like your guts. Since 2007, I am not a tribalist anymore and would vote for you in 2012. You have power you know, and power corrupts absolutely. Your power has corrupted all and sundry like radioactive material does to the environment. Anan will try, but he will not touch you. Ocampo & Hague will not touch you. You have outwitted Raila already and he has successfully turned you from a villain to a hero. He has made you who you are. In fact I see you saying that you killed because you were ordered by Raila in order to wiggle out of Hague in case you are in the envelope. With this resume’ what difficulty will cooperation with KKK pose? If I petition to give you an honorary PhD, or Oslo for a Nobel Prize, it will be for successfully wallowing in the miasma of power, politics & corruption.

To Kenyans, Not I but my 10th great grandfather say thus: It all depends on who blinks last, only then will the opponent’s laugh last the longest and sing the lyrics of fait accompli.

—
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?)

Kenya: Kibaki has no Shame taking Part with Corrupt Ministers

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Folks,

This must end with immediate effect…..You can see many sympathizers of Corruption and Impunity gaining ground beginning to spit venom and power and are not ready for any change at all…..We are all doomed people if we cannot get immediate reorganization for International Intervention for constituting an Interim Government to set Kenya on the road for true Reform towards Real Democratization process.

Again, the General Public are being cornered for Corruption and Impunity to thrive.

We must all put a stiff fight and make sure all corrupt elements in Kenya (however many and powerful they may be) are uprooted by their roots and their stalks dismantled immediately and completely. Legal justice MUST take preference with
new Judges on the dock…..so it should serve a lesson to those who think Kenya is up for grabs or can be easily taken for granted. Kenya MUST set an example to all other corrupt leaders in Africa so we can have Liberty, Dignity, Value and Virtue.

Corruption with impunity has consumed many innocent lives whose spirits are crying out aloud…..We will never rest or be at peace without bringing judgement and justice to those who have caused many pains and heartache, have looted with impunity the very life line to survive in Kenya……have killed innocent mercilessly, have stolen public resources and utilities, have sold Kenya to foreign interests, have made life unbearable, subjected majority Kenyans to poverty……have marginalized some tribes into extinction, have stolen people lands without recourse, have politicized everything without giving room to social morality……..this must end IMMEDIATELY and it must be known that it cannot be tolerated any longer…..it is a cancer that has reached its terminal stage.

Thanks,

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

Kibaki, Raila clash over Cabinet purge

http://www.youtube.com/watch#v=EXDs5xP_uO8&feature=channel
Suspended ministers remain in office
NTVKenya — February 15, 2010 — It was business as usual for the two ministers suspended by Prime Minister Raila Odinga yesterday. William Ruto and Professor Sam Ongeri reported to their offices and vowed they will continue doing so until advised otherwise by the president. Ruto dismissed the prime ministers action as witch-hunting and as Yassin Juma reports, he is declaring an all out political war.

http://www.youtube.com/user/NTVKenya

ODM declares crisis in government
From: NTVKenya | February 15, 2010 | 339 views
It has been two years of crisis since the formation of the grand coalition government. The writing has been on the wall since the beginning of the year. All has not been well in the coalition as suspicion reigned amid accusations that each side was undermining the other. The latest crisis appear to have been triggered by the prime minister publicly asking the president to ask professor Sam Ongeri and Karega Mutahi to step aside. Raila was to repeat the demands five days latter in the presence of minister Sam Ongeri. On that very Wednesday, the maize scandal report was leaked to the media in what some saw as an attempt to get back at Raila for embarrassing the president. The next day Raila sought to take the sting out of the maize report by launching it but declining to say when action would be taken against his officers implicated in the report.
The next day, Railas permanent secretary Mohammed Isakhakia and aide Caroli Omondi stepped aside. On that very day Kibaki too acted suspending five permanent secretaries including Railas men over the FPE and maize scandals. Last Sunday Raila Odinga took the bold step and suspended ministers Sam Ongeri and William Ruto but hours later, president Kibaki nullified the decision saying Raila had no such powers.
… (more info)
(less info)
View comments, related videos, and more

http://www.youtube.com/user/NTVKenya#g/a

AG warns of crisis over latest stalemate

President Kibaki and Prime Minister Raila Odinga seem to have taken different stands over how to deal with the maize and education scandals. Photo/FILE
By JEFF OTIENO AND PETER LEFTIEPosted Sunday, February 14 2010 at 22:30
President Kibaki on Sunday evening lifted the suspension of two Cabinet ministers by Prime Minister Raila Odinga, terming it illegal.
Related Stories
• NTV VIDEO
• State House was not consulted on suspension, says President
• Ministries need to be investigated, says PM
• Debate over PM’s power to suspend officials
• Protests over ministers’ suspension
Mr Odinga had earlier announced, quoting the National Accord and the Constitution which give him power to supervise ministers, that he was suspending the two whose ministries were embroiled in corruption scandals to pave way for investigations. The suspension was to last three months.
Remove ministers
But President Kibaki later said Mr Odinga had no power to remove ministers and the suspension was not done in accordance with the Constitution.
“The legal provisions on which the Prime Minister acted do not confer him the authority to cause a minister to vacate his or her office,” Mr Kibaki said, adding, “The war against corruption will be successfully fought when we do so in accordance with the constitution and the due process of law.”
Asked by reporters whether he had consulted the President, Mr Odinga answered: “Yes, requisite consultations have been made within the government. This is a government decision and I have also quoted the section in the Constitution and the National Accord which give me power to take the action I have made.”
Mr Kibaki, in his statement said he had not been consulted and, also quoting the National Accord and the Constitution, said ministers can only be removed by the President after consultations.
The suspended ministers, Prof Sam Ongeri of Education and William Ruto, dismissed their suspension saying only the President could remove them. On Sunday, Mr Odinga said in order for the government to conduct fair, independent and comprehensive investigations, the two ministers had to step aside.
Gathering evidence
“The decision taken will result in gathering evidence to determine if any individuals need to be prosecuted in the two scandals,” said the PM. Mr Odinga said two forensic audits by PricewaterhouseCoopers (PWC) on the maize scandal and the Internal Auditor General’s report on Free Primary Education had laid credible foundations for the two ministers to be investigated.
In a quick response, Prof Ongeri said: “I have not received any communication from the appointing authority. I am very clear in my mind who the appointing authority is,” he said.
Mr Kibaki said his position on the status of the two ministers should not be interpreted to mean he had abandoned the war against corruption.“Therefore constitutionally, the two ministers remain in office,” the President said.
On Saturday, President Kibaki announced that eight public officials were to step aside in relation to corruption scandals. The education scandal involved fraud where top ministry officials, according to the Kenya Anti-Corruption Commission, drew inflated imprests for seminars.
In the other scandal, maize in the strategic store was sold to profiteers who made millions of shillings while consumers suffered high prices and the government lost an estimated Sh2 billion. Procurement regulations were also broken in the importation of maize.
There were street protests in Eldoret, Kapsabet and Nandi Hills against Mr Ruto’s suspension. Prof Ongeri delayed a press conference he had called for 3pm and was consulting in his office with aides for an hour.
When he finally came out to address the waiting journalists, Prof Ongeri started by cheekily remarking that he was not in shock – in apparent reference to the PM’s announcement. “I hear somebody reporting mshtuko kubwa, hakuna mshtuko (there is no shock),” he remarked before he read a statement.

Section 4 (1) of the National Accord, quoted by Mr Odinga, says the Prime Minister shall have authority to co-ordinate and supervise the execution of the functions and affairs of the government of Kenya including those of ministries.
It also says that the PM “may assign any of the coordination responsibilities of his office to the deputy Prime Minister” and that he is to “perform such other duties as may be assigned to him by the President or under any written law”.
Section 15A of the Constitution on the other hand establishes the coalition government and creates the office of the prime minister, his deputies and ministers. The two sections , however, do not categorically give the PM powers to suspend ministers, leaving the issue to different interpretations.
On Sunday, the PM directed Kenya Anti-Corruption Commission, the Criminal Investigation Department and the Inspectorate of State Corporations to jointly investigate the scandals. “The team should review the above two reports, as well as the reports on the maize scandal by the KACC, the Inspectorate of State Corporations and the CID with a view to recommending those cases which should be prosecuted,” he added.
Asked why the Special Programmes Minister, Dr Naomi Shaban, in whose ministry the Strategic Grain Reserve, one of the sources of the maize scandal fell, had not been suspended, Mr Odinga said the minister’s name was not mentioned in the reports.
“Her name (Dr Naomi Shaban) is not specifically mentioned in the reports I quoted. It talks about the ministry (Special Programmes) but does not mention her, however it mentions others who have already stepped aside,” said Mr Odinga adding that the two ministers (Mr Ruto and Prof Ongeri) had been mentioned in the reports.
Mr Ruto was mentioned in the PWC report, also referred to as project green, for having used his personal assistant to write a letter to the National Cereals and Produce Board for an individual to be allocated 1,000 bags.

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Monthly Archives: February 2010

Kenya: Damning Report says the country is headed into crossroads as violent gangs resurface

The Anatomy of Official Corruption and dysfunction of Kenya’s Coalition Government: Maize Scandal

Kenya: Nyatike Constituency on the move as power and water supplies are on the way to the villagers

Kenya: War has erupted among the Nyanza Sugar millers over the cane harvesting zones

LIT TO OK CHWER REM

Kenya: I support Raila – when the dust and emotion settles he is the right to sack corrupt ministers

East African Community: New fisheries research boats for Kenya and Uganda to boost Lake Victoria studies

UGANDA sets tough investment conditions for foreign oil companies

Kenya: Displaced Persons begin 200Km March to Petition Kibaki

KENYA: PETITION TO PRESIDENT EMILIO MWAI KIBAKI ON CORRUPTION

Kenya: President Kibaki has betrayed the trust of Kenyans

KENYA: RAILA, IT IS TIME TO REPLACE ACTIVISM WITH STARTEGY

Tanzania: Ten Year BAE Systems Aviation Radar Purchase scandal that just won’t go away

East African Community: EALA Meeting in Kampala is abruptly adjourned after Ugandan MPs stay away

KENYA: CONGRATULATIONS RAILA!

KENYA: A RESPONSE TO ATTORNEY-GENERAL AMOS WAKO: PRIME MINISTER IS THE PRESIDENT’S EQUAL

KENYA: DECODING THE MAIZE SCAM

CHUNG MOTEGNO

We’ve built Kenya in many years, yesterday we allowed it to destroy.

Kenya: Kibaki has no Shame taking Part with Corrupt Ministers