Open Letter to Rt. PM Minister Raila Odinga

Dear Rt. Hon. Raila,

I echo the voices of people, the local and international, the voices of the world, saying, it is time for you to act. You are equiped, you have been mandated, you have the will of the people and the world, do not waste any more time. Story about Kalonzo being incharge of Government Business Affairs is neighther here nor there, should not even be discussed, it is a waste of time. It is a well known fact you are the Prime Minister Head of the Government – incharge of everything underneath. That is how I know it and the world know it. When you signed the dual GRAND COALITION GOVERNMENT pact, it was you and Kibaki. Why drag the name of Kalonzo who was not even there. In citation, on the Presidential race he tailed the line, he eventually compromised and illegally endorsed Kibaki the winner – he traded for his personal stomach, at that point, he did not represent the interest of those who nominated and voted for him. Why do you drag his name along? He is Kibaki’s team and that is how it should be. He does not feature anywhere in the International Fix Resource for Kenyan Peace Accord and Reconstruction vocabulary. He is a missing link because at this point, he is inconsequential. To keep dragging him, you are watering the Grand Coalition Government Pact. If you do, you are playing on the GEMA Mafia tactict. That GEMA string has been reinforced and is too strong, it will pool you along with Kibaki into OBLIVION. after all, their use for Kibaki is over. They are scheming by hooks or crooks. The Mungiki comes in styles and fashions serving interest of Uhuru Kenyatta, Martha Karua, Moi, Kibaki et them all GEMA Mafia – infiltrated in the Kenyan Police Force. They now want to use Kibaki’s shadow to climb the ladder up while trading fear on their opponents.

Kenyans are being rapped off their hard earned sweat, their livelihood, their future. Do you sit and watch when powers have been put into your hands? Do you have reason to cry foul? Dont you have soldiers under your wings, and execute orders under your breath? Will you have anything to explain to people in the future? Why dont you heed and act? Dont forget you and ODM are the vehicle for change right now for Kenya and Kenyans. Remember when you were here in Washington DC at George University meeting recently, you made a statement that “It Can Be Done” and we echoed back that “Yes It Can”. Will you hold it as your breastplate – because that statement is fire, an inspirational Obama slogan. It has given many of us hope, it build our Faith to believe in the things not seen, the things hoped for which then turn to reality right before our faces – He made it right before our eyes and became the first Black American to be nominated Presidential Candidate in the primaries – that slogan is a slogan for CHANGE for GOOD THINGS, A SIGN OF LOVE – it is a promise from the living Jehovah God, Jehova Nicci, Jehova Jaira, Alpha and Omega, The Beginning and the End. UNDER IT WE ARE ALL UNITED AT PEACE WITH EACH OTHER. We are here not by chance, but by God’s Will and Purpose for creation. He had a reason for His creation. We are not here by accident. He made Justice and Democracy guiding principle for our livelihood on earth. Why would we compromise and allow those driven by Demonic Forces to CREATE CHAOS and SUPRESS people of God?

Go Brother!!!! move nyathiga-Kinyi – the sun shines, the moon lights and the day and night sets in – Jaramogi’s spirit is alive, make the Grand Coalition Government a tool for hope now and in the future. Take Action!!!!

1) Give Orengo Security so he can excecute his work – Grand Regency cannot go without immediate action being taken and Minister for Finance Kimunya be put in a restricted area for questioning. Bundle him behind bars and continue with the investigations. Let your Cabinet Ministries be Operational
2) Moderate and Execute (drag Kibaki if you can) the completion of The Constitution within a years time. Silence Martha, cos her statement shows she overrules both You and Kibaki. I wonder, is she bossing or bulling you? Why so in the public with contempt?
3) Empower your ODM team and give them moral, Let them function
4) Use all available resources now in your power to make sure Koffie Annans Agent and Kruegger Committee and other investigative bodies complete their assignments as stipulated, required and expected without pressure and forces from outside, free from manipulation.
5) Let Moi not interfere with investigations, or else be charged with impugn and contempt
6) Work out modalities and strategies for the release of the Political Youths in Detention and or confirm they have not been excecuted or killed
7) Let parliament effectively Debate or people face their Legislatures squarely
8) If your life is threatened make noise, USA and the World is ready to stand by your side

The Term of Grand Coalition Government can only be extended beyond one year, if progress is manifested, without which Kenya will never be the same again. Don’t let “Things Fall Apart”.

People are sick and tired, many now believe you have been compromised with the GEMA Mafia. I ask people, why would you be afraid and scared of Gema. You have toned down and given more for the sake of PEACE it is time to soldier on. If the Captain of an Army gets cold feet, how can the Soldiers be motivated to fight on? If the Captain is compromised, how can the Army be strong? If the Captain is wounded, how can the Army be united and stay strong? Rt. Hon. Raila, you are the Captain for ODM.

God Bless you and we will continue to pray for you.

Sincerely,

Judy Miriga
USA

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Date: Sat, 28 Jun 2008 05:40:40 -0700 (PDT)
From: Judy Miriga
Subject: Open Letter to Rt. PM Minister Raila Odinga

– – – – – – – – – – –

Exhibit A

Orengo needs extra security to execute mandate
Published on June 27, 2008, 12:00 am

By Fred Kapondi

While Kenya’s three regime changes have generally conformed to Africa’s experiential maxim of ‘change without change’, the inclusion of agents of change in Government has had various consequences.

While in some cases, changes in policy have been effected, in the worst case scenarios, agents of change have paid the ultimate price or had their political careers brought to an end.

The defining parameters for a real transition are usually the comparative moral quality of the succeeding leadership, its ideological inclination and the extent of ‘retrenchment’ of previous personnel in political leadership.

To those who have been crusading for land reforms, the appointment of Mr James Orengo as Lands minister was Prime Minister Raila Odinga’s loudest endorsement of land reforms.

While President Kibaki also ought to take credit for the appointment, it is likely that his role in this progressive effort will be inhibited by his ‘golf club’ colleagues for obvious reasons.

Ministries have been ranked by analysts in terms of their distance from the centre of power in a manner that does not favourably rank the Lands ministry. This may be true with respect to the legal logic of succession, traditional perceptions or access to privileges and monetary allocations.

Nothing could be further from the truth if due consideration was put to the emotive character of land. If all ministries represent levers of political power, then Orengo’s is not just the lever of the moment, but a central determinant of historical progression.

When the Law Society of Kenya called for caution on land matters recently, they were in a sense endorsing the above argument. On the other hand, Kibaki’s Madaraka Day assurance to the jittery owners of 99-year leases sounded like a 21st century version of Jomo Kenyatta’s speech to settlers in Nakuru. Faced with the same policy dilemma in the 1960s, Kenyatta assured white settlers that he was for the status quo with regard to land.

History has numerous lessons for those who refuse to betray change in an ideologically diverse Government. The 1964 coalition of nationalists, led by Jaramogi Odinga and Bildad Kaggia, and status quo agents, led by Kenyatta and Tom Mboya, degenerated to an acrimonious fallout, mainly due to their conflicting positions on land policy and the core values that would guide policy formulation.

The conflict resulted in the formation of the Kenya People’s Union, which played host to land reform clamours. It should be noted that most of the current policy recommendations are similar to the KPU manifesto’s proposals. What befell the champions of this agenda is well documented and need not be delved into here.

Huge chunk of land

In the 1970s, the campaign for the return to a more progressive land policy got an ardent ally in Nyandarua MP Josiah M Kariuki. He was the only high profile politician since 1963 that made it to the centre of power and mustered the courage to make an ideological about-turn, going against the establishment’s idea of governance.

He was Kenyatta’s Personal Secretary at a time when Kenyatta was doing the groundwork to put under his family’s possession land whose size has been compared to the size of Nyanza province.

JM’s assassination had everything to do with walking the talk of land reform. Not only did he make political appeals to the Kenyatta administration, he went further and started donating his land to the poor.

JM Kariuki was not beating a new path. He was treading in the footsteps of Dedan Kimathi, Jaramogi Odinga and Bildad Kaggia. The histories of these four personalities and now James Orengo have amazing similarities. Like Orengo, they came from poor family backgrounds. All were involved in social struggles that were associated with violent demand for change. All were victims of State terror that was punctuated with custodial experiences. They were nationalists and established their political careers as defenders of the poor.

All overcame the temptation to be compromised by governments of their times for personal gain. All were pre-occupied with land at the prime of their political careers. And most were targets of political assassinations.

Bildad Kaggia has been quoted in the press to have numbered attempts on his life to seven while Orengo’s tribulations with the State are fresh enough for the current generation to remember. JM and Kimathi did not survive.

A minister of Orengo’s energy, focus, history and commitment, with land reform on his docket, needs a stronger security detail if he is to succeed in his mission. This is what history would prescribe for Orengo to survive the crocodiles swimming in the hot waters of the land debate.

—The writer is the Chair of the Parliamentary Committee on Administration, National Security and Local Authorities

Exhibit B

The truth and lies on Grand Regency
Published on June 28, 2008, 12:00 am

By David Ohito and James Anyanzwa

The mask has fallen off the Grand Regency Hotel saga: It was sold to the Libyan Government in a deal between Presidents Kibaki and Muammar Gaddaffi.

The minister, who came out on Friday after his colleague exposed a secret ‘discharge’ on Thursday, said the offer by the oil-rich State was “too sweet to resist”.

The controversial sale, initially denied by Finance Minister Amos Kimunya, now presents President Kibaki and Prime Minister Raila Odinga yet another test on their commitment to power-sharing deal, team-building and anti-corruption war.

Before Kimunya’s confession, the Grand Coalition Cabinet had split on the matter along the traditional Party of National Unity and Orange Democratic Movement fault line.

The sale is yet another chapter in the multi-layered story now on the 15th year. Built on stolen public funds by businessman Kamlesh Pattni of the Goldenberg notoriety, the disgraced architect of one of the country’s biggest scams returned it in exchange for termination of court cases lined up against him.

Another leaf on the tripartite barter trade between Pattni, Central Bank and the Kenya Anti-Corruption Commission turned as another battlefront opened up in the Grand Coalition. Libyans, according to Kimunya who initially denied the sale was on, now own the hotel paid Sh2.9 billion. But according to the relevant parliamentary committee, which has summoned two ministers at the centre of the latest storm, the value for which it was sold, is a decade-old. It argues the edifice at the heart of Nairobi, the preference of visiting heads of State, moneyed tourists, and private sector mandarins, it could have easily fetched Sh10 billion.

Kimunya faced the camera, and in a change of tune following Lands Minister James Orengo’s disclosure on Thursday, it is gone, said it went for Sh2.9 billion. It went under a private inter-government arrangement, no bidding and no publicised negotiations.

Last evening it was believed not even the Party of National Unity’s coalition partner, Raila’s ODM, was in the picture.

“We had an offer that was made and we thought it was too good to refuse. Indeed the best offer that we received came from the Government of Libya,” Kimunya told reporters at his Treasury office.

He added: “We are very happy that the deal has succeeded.”

The minister, who just waded the storm raised by the Safaricom Initial Public Offer, said three independent valuers commissioned by CBK in February valued the property at Sh1.62 billion, Sh1.75 billion and Sh2.18 billion. He said the Libyan Government gave a price that was much higher than the highest received.

Kimunya, however, did not provide evidence of the bids and the valuation reports.

He saw another sunnier side to the deal: It would help deepen the relationship between the two countries. “We are organising for a handing over so that the new owners can come in and we exit.”

And because of the latest storm, which could undermine the new Government’s claim to tag of enemy of corruption, Parliament is now going to question two ministers, one from each side of the coalition, and the Central Bank Governor. The sessions will be an expedition through the possible truth and lies Government officials gave either to justify or camouflage the hotel’s sale, whimsically seen as Anglo Leasing II.

The centre of the latest face-off is the controversial sale of Grand Regency Hotel; the five-star edifice built using the billions skimmed by the disgraced businessman through Goldenberg International Limited.

Thursday Orengo said though his ministry would have been involved in the paperwork following the secret hand-over deal between Kenya Anti-Corruption Authority and Pattni, everything was done behind his back. He said he was speaking up as a matter of personal honour and conscience; notwithstanding he could be accused of breaching the Cabinet’s cardinal rule of collective responsibility.

Unmask the new owners

He revealed the hotel which could cost more, had gone for Sh2 billion, right behind his back, and Sh900m less than the figure Kimunya gave. Though the tourism market had been throbbing with claims it was sold to Libyans, believed to be proxies of their President, Muammar Gaddaffi, it was not until Kimunya spoke, that he confirmed what the public had heard before. However, some Libyan nationals who have been frequenting the hotel had told some of the employees they were now their new ‘bosses’, and should be served even after the opening hours set for some of its expensive bars.

When Pattni bartered the hotel for amnesty in the corruption courts, Attorney General Amos Wako, said he too was in the dark. He insisted Pattni’s cases would go the whole hog.

On Friday, the latest corruption claim swirling around President Kibaki’s Government, second only to the Sh7 billion Anglo Leasing in his first term, snowballed as Parliament stepped in.

The House committee investigating the controversial sale pledged to unmask the new owners of the controversial property.

Finance House Committee chairman Chris Okemo revealed it would summon Orengo to table evidence of the land transactions and documents relevant to the deal.

Okemo’s committee argues it could have gone, just when the Government thought it had won it back, in total disregard of Procurement and Disposal Procedures of Government.

The committee also wants public interest protected and its oversight role and independence respected by the Executive, as well as ministers to honour summons.

But later Kimunya said the Public Procurement Oversight Authority (PPOA) had sanctioned the sale in April.

“We received a letter saying the committee had said we should not sell the hotel but as for me, meeting the committee and the sale of the asset are completely unrelated.”

He added the transaction was in the best interest of the people.

“We are answerable to Kenyans and to Parliament. This is a matter of great public interest and the truth must be told,” Okemo said on Friday.

“The committee has been taken in circles enough times and we will summon Orengo, Finance Minister Amos Kimunya, and Central Bank Governor Prof Njuguna Ndung’u to come clean on the deal,” Okemo announced.

Okemo accompanied by committee members Mr Ntoitha M’Mithiaru (Igembe North) and Mr Shakeel Shabbir (Kisumu East), at a Press conference in Parliament, challenged Kibaki and Raila to help unravel the scandal.

“Kimunya, even after a written caution, proceeded with the sale in total disregard of the law. He must explain why,” Okemo said.

KACC Director Justice Aaron Ringera would also reappear before the committee to shed more light following fresh revelations.

Executive ingoring Parliament

Okemo read details of a letter Kimunya wrote through his Permanent Secretary Joseph Kinyua, to the committee, saying he was uncomfortable with the manner it was pursuing the matter.

“We are concerned that Government officials have been hiding crucial information from us, but Orengo’s statement has confirmed our fears, the hotel may have been sold irregularly,” Okemo said.

“We will demand to know from Kimunya and Ndung’u why the sale was allowed to proceed even after Parliament advised against the same.”

On Thursday Orengo said he was embarrassed his Finance colleague had sold the Grand Regency Hotel behind the Cabinet’s back and vowed he would escalate his complaint right up to the President.

In the press briefing Okemo added: “It appears Parliament’s role is being ignored by the Executive. We will make recommendations to the House for stern action to be taken against those implicated.” M’Mithiaru queried why a price of Sh2 billion was accepted yet it was the value of the hotel land and building over 10 years ago.

Two committee members accompanied Okemo – Mr Ntoitha M’Mithiaru (Igembe North) and Mr Shakeel Shabbir (Kisumu East).

“We are told businessman Kamlesh Pattni owed Central Bank Sh2.5 billion. If the hotel was sold for Sh2 billion where is the balance of Sh500m, and didn’t this debt accrue any interest?” M’Mithirau asked.

“Kimunya must stop ducking meetings with the committee. Last week he said he was busy with the Budget and has since been avoiding us. We are ready for him even now,” Okemo said.

Kimunya argued legally, CBK being the chargees, would single-handedly choose whom to sell the property to through either private treaty or public auction.

He said the bank opted to sell off the property through private treaty.

The hotel had been placed under charge in the mid-1990s over US$210 million (Sh14 billion at current exchange rates) that Pattni’s defunct Exchange Bank had borrowed from the Central Bank and failed to pay. Pattni said he had surrendered the prestigious hotel under the Economic Crimes Act of 2003, which allows for pardoning of perpetrators who forfeit proceeds and assets from stolen public funds to the State.

The Libyans wanted the hotel as part of their bid to entrench themselves into Kenya’s business sector. In March, when the country was in the thick of a political stalemate, President Kibaki flew to Kampala to meet Libya’s President Muammar Gaddafi who was commissioning a mosque. Eight years after they re-opened an embassy in Nairobi — which was shut in 1987 after the Moi regime accused the embassy officials of espionage — the Libyan oil merchants want to have a footprint in the region and are keen to edge out competitors.

Several MPs among them Jakoyo Midiwo, Martin Ogindo, and Gitobu Imayara, on Friday demanded the truth be

Exhibit C

Kenyan local radio faces closure

Radio is the most important media outlet in Kenya

The Kenyan government has threatened to suspend the licence of a vernacular radio station for broadcasting what it terms inflammatory content.

The government says Kass FM, which broadcasts in the Kalenjin language, was broadcasting material that was a threat to national security.

The charges relate to call-in programmes discussing poll violence.

But the station has denied the allegations, saying there is no evidence to support the claims.

In February, the government threatened to revoke the licences of vernacular stations, accusing them of incitement during the post-election violence which left at least 1,500 people dead.

Press freedom

Radio is the most popular medium, especially in rural areas, and among the illiterate.

Kass FM is based in Nairobi but broadcasts to the Rift Valley, scene of some of the worst violence, between Kalenjins and members of the Kikuyu community.

Information permanent secretary Bitange Ndemo said some of the content aired by Kass FM was “prejudicial to national security, national cohesion and national peace, healing and reconciliation process”.

Mr Ndemo said the station had failed to observe journalistic ethics and standards.

He was referring to programmes debating the idea of an amnesty for those arrested during the elections violence, as well as during recent by-elections.

The station defended its right to air comment on matters of public interest.

“So far there is no definite proof that proves any of the claims,” the station’s operations manager Joshua Sang said.

The station has been given until Friday to defend itself against the allegations.

The Media Council of Kenya has also criticized the move, warning that the government was at risk of interfering with press freedom.

“It would be tragic if the government withdraws the licence,” chairman Wachira Waruru said.

The government and the media have had an uneasy relationship, following raids on two private media outlets, a proposal to tighten media controls, and a ban on live broadcasts in January.

Exhibit D

Kenya rivals agree to share power

The deal follows talks lasting more than a month

Leaders sign pact Kenyan President Mwai Kibaki and opposition leader Raila Odinga have signed an agreement to end the country’s post-election crisis.

At a ceremony in Nairobi, the two men put their signatures to a power-sharing deal brokered by ex-UN head Kofi Annan.

A coalition government comprising members of the current ruling party and opposition will now be formed.

Some 1,500 people died in political violence after Mr Odinga said he was robbed of victory in December’s polls.

POWER-SHARING DEAL

New two-party coalition government to be set up
Cabinet posts to be divided equally between parties
Raila Odinga to take new post of prime minister, can only be dismissed by National Assembly
Two new deputy PMs to be appointed, one from each member of coalition

Agreement: More detail
Reaction in quotes
Deal offers fresh hope
International observers agreed that December’s election count was flawed.

The post-election violence saw thousands of people targeted because they belonged to ethnic groups seen as either pro-government or pro-opposition. About 600,000 people fled their homes.

Although the level of violence had fallen in recent weeks, there were concerns that a failure to reach a deal would lead to a fresh round of blood-letting.

Negotiations between the government and opposition lasted more than a month, stalling several times.

The BBC’s Adam Mynott, in Nairobi, says both sides have given ground from their original positions to reach this agreement.

Portfolios shared

The new coalition will be headed by President Kibaki, with Mr Odinga – whose Orange Democratic Movement (ODM) is the largest in parliament – probably taking the newly created post of prime minister.

Compromise was necessary for the survival of this country

Kofi Annan

Each party will nominate a deputy prime minister, with other ministerial portfolios being divided equally between the two parties.

Correspondents say both parties are now likely to begin wrangling over who gets what position in the new government, with the post of finance minister likely to prove the most contentious.

After the deal was reached, Mr Annan said: “Compromise was necessary for the survival of this country.”

He urged all Kenyans to support the agreement, saying: “The job of national reconciliation and national reconstruction is not for the leaders alone. It must be carried out in every neighbourhood, village, hamlet of the nation.”

‘New chapter’

Speaking after the signing, Mr Kibaki said: “This process has reminded us that as a nation there are more issues that unite than that divide us…

“We’ve been reminded we must do all in our power to safeguard the peace that is the foundation of our national unity… Kenya has room for all of us.”

Political violence has ignited rivalry over land

Enlarge Image

Mr Odinga said: “With the signing of this agreement, we have opened a new chapter in our country’s history – from the era or phase of confrontation to the beginning of co-operation.

“We, on our side, are completely committed to ensuring that this agreement will succeed.”

Both men thanked those who had stood by Kenya in what Mr Odinga called its “hour of need”, including Mr Annan, the African Union, the European Union, the United States and the UN.

They also urged Kenyans to move forward together without ethnic divisions.

‘Very basic issue’

HAVE YOUR SAY

After 8 weeks of uncertainty in the political atmosphere as well as peace, there is somehow a glimpse of hope and light to the beautiful land of Kenya.
Edward, Nairobi

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A spokesman for the US state department, Tom Casey, said the agreement was “an important and very positive step forward”.

He added: “It allows the Kenyan people to move forward with a very basic issue of governance.”

British Prime Minister Gordon Brown welcomed the new power-sharing agreement.

“Kenya’s leaders have reached a power-sharing agreement that represents a triumph for peace and diplomacy, and a renunciation of the violence that has scarred a country of such enormous potential,” he said.

In western Kenya, the scene of the some of the worst violence, there was some scepticism about the agreement.

Paul Waweru, 56, who fled his home and is now living in a camp in Eldoret, said: “The deal between Raila and Kibaki will help to cool down the situation but I doubt if it will enable us to get back to our homes.”

But in Nairobi’s Kibera slum, there were celebrations.

“The general mood among people is that of happiness,” said Nelson Ochieng.

“We are tired of the political crisis. I was a barber but my shop was burnt. Now I’m jobless, and the end of this crisis means that I can rebuild my business.”

Exhibit E

Kenya’s dubious election

Did the results reflect the votes cast?Kenya’s opposition Orange Democratic Movement (ODM) claims that last month’s election was rigged in favour of President Mwai Kibaki.

Protests have led to some 600 deaths nationwide and 250,000 people have fled their homes.

International and domestic observers have also raised their concerns.

There are several reasons to be suspicious about the official results:

The results were delayed for more than a day, at a time when ODM candidate Raila Odinga was leading

Many thousands of people seem to have only voted in the presidential election but not the parliamentary or local polls held at the same time

Some of these results came from areas known to be pro-Kibaki

In the parliamentary race, Mr Odinga’s ODM won twice as many seats as Mr Kibaki’s Party of National Unity (PNU)

Results in some constituencies were different when announced nationally, to when they had previously been announced locally

The head of the election commission has admitted that turnout in one constituency was 115%.

According to the official results, Mr Kibaki won with a tiny margin of 230,000 votes out of a total cast of some 10 million.

This means that the alleged malpractices could easily have changed the outcome.

The PNU has urged anyone with proof of rigging to go to court and has in turn accused the ODM of rigging in Mr Odinga’s home province of Nyanza.

ELECTION RESULTS
Presidential:

Mwai Kibaki: 4,584,721
Raila Odinga: 4,352,993
Parliamentary:

ODM: 99
PNU: 43
Pro-ODM: 4
Pro-PNU: 24

Top US official for Africa, Jendayi Frazer, has also suggested that both sides could have been responsible for rigging.

But some of the most glaring discrepancies seem to have come from Central Province, Mr Kibaki’s home region and known as a stronghold of his Kikuyu community.

The Law Society of Kenya has condemned the results as “not credible” and said Mr Kibaki, who was sworn in straight after the official results were declared, should step down.

Even Electoral Commission of Kenya (ECK) head Samuel Kivuitu has admitted that he could not say for sure if Mr Kibaki had won fairly until he saw the original records.

Under cover of dark

The head of one Kenyan organisation which monitored the poll told the BBC News website she suspects that people broke into some counting centres and added tens of thousands of votes while counters slept.

Koki Muli, the executive director of the Institute for Education and Democracy (IED), says she thinks that the counting of the presidential ballots was deliberately delayed by election officials until late into the night.

An Odinga supporter sent the BBC a ballot paper that allegedly shows vote rigging

Enlarge Image
Many regional tally stations then ran out of kerosene for lamps, and counters went to bed – intending to finish the job the next day.

On their return to work, they found ballots for the presidential election outnumbered those cast for the local and parliamentary elections.

“In past elections, the presidential ballot was counted first, but this time counters were ordered to start with the parliamentary and civic elections.

“As a result many places ran out of kerosene for their lamps. Something then happened overnight,” Mrs Muli said.

In some constituencies there were as many as 50,000 more votes in the presidential ballot than in the local civic and parliamentary elections, Mrs Muli said.

“People vote for their local representative, because it’s the office that has a direct impact on their lives. People just don’t turn up and vote for the president only,” she said.

The IED is part of a 13-member partnership of domestic election monitors who put 17,000 observers into the field during the elections.

‘Suspicious delays’

Mrs Muli’s observations are backed up by the European Union observer mission who say that results in at least three districts were inflated by the time they were announced in the capital, Nairobi.

Their interim report says there were “serious inconsistencies” in the results collected by observers in Molo in Rift Valley and Kieni in Central Province.

Africog’s Gladwell Otieno says the violence could have been worseResults forms for Lari and Kandara constituencies in Central Province were changed, they say.

“It was unclear by whom, where and especially when these changes were made,” the report said.

In Kerugoya, also in Central Province, EU observers found there were 10,000 more votes than the official turnout recorded.

Gladwell Otieno of the African Centre for Open Governance (Africog) says some of these dubious results in the Central province were announced after “suspicious delays”.

“Even the head of the ECK said he could not get through to people collating the votes in many regions. These places then returned results for the government,” she said.

Criminal charges

There were also problems in the Nairobi constituency represented in parliament by Mr Odinga.

Here, thousands of people, whose surnames begin with “O” were missed off the voters register, including Mr Odinga himself.

The surnames of many members of Mr Odinga’s Luo community start with O.

Mr Odinga complained to the Electoral Commission of Kenya (ECK) and the problem was rectified but he suggested it may have been a deliberate ploy to disenfranchise his supporters.

Polling stations opened late with too few ballots all across the country. In some cases polling stations received the wrong ballot papers, further delaying the vote, Mrs Otieno said.

Although protests have descended into violence, in which at least 600 people have died, she says the violence could have been far worse.

Her group plans to lobby the police to bring criminal charges against those they believe are responsible.

Both the IED and Africog are planning to bring out detailed reports on the elections in the next few days.

Exhibit F

Last Updated: Monday, 11 February 2008, 13:37 GMT

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Kenyan militia strike back

By Josphat Makori
BBC News, Nairobi

Post-election chaos provoked ethnic violence

First they sent leaflets saying they would avenge the killings of their tribesmen when violence flared following Kenya’s disputed election. Then they told other tribes to leave certain areas.

People’s fears had come true. The Mungiki were back.

Hundreds of men wielding machetes and clubs, attacked their opponents beheading and dismembering them in characteristic style.

The violence has largely abated for now, as politicians negotiate their way towards a political settlement, but the re-emergence of this quasi-religious group could plague Kenya for years to come.

We received leaflets warning us to leave or die

Amunga

The Mungiki has been outlawed by the authorities, with whom it has been engaged in a protracted battle spanning more than 20 years.

At first they styled themselves as the guardians of Kenya’s largest community, the Kikuyu, who include President Mwai Kibaki among their number, saying they would re-establish ancient traditions.

Attracting large numbers of jobless teenagers, the group soon became an underground youth wing for politicians, who used it to unleash terror on their opponents.

Mungiki became a criminal gang terrorising urban slums and demanding protection money from transport operators.

“We received leaflets warning us to leave or face death,” Amunga, a resident of a town in central Kenya, told the BBC.

“They said they would behead anyone who supported the opposition. They gave us just seven days to leave.”

Amunga says those threats prompted hundreds of people to flock to police stations for refuge.

Rival militia

To counter the Mungiki, residents in the informal settlements formed their own vigilante groups, saying the police had failed to deal with the threat.

One notorious gang is the equally dreaded Taliban which draws membership from the Luo community – who largely back the opposition.

Over 300,000 people have been displaced in Kenya since the violence eruptedAnother militia known as the Sabaot Land Defence Force (SLDF) is now harassing locals on the foot of Mount Elgon in western Kenya.

The SLDF is composed of members of the Sabaot, a sub-tribe of the Kalenjin community.

In the past it used to fight with rival clans over land.

Unlike the Mungiki and the Taliban, which are largely urban based, the SLDF operates in rural areas and has even established a parallel administration system in the Mount Elgon district.

For funding, the group imposed a tax on residents and raided villages for supplies.

The SLDF is now reported to be attacking neighbouring communities.

Its members are normally armed with assault rifles and have been accused of killing more than 400 people.

Re-emergence

Before the elections, police vowed to eliminate the Mungiki once and for all.

At one point human right organisations accused the police of executing more than 500 members of the group.

Although the police denied the accusation, the recovery of hundreds of bullet-ridden bodies on the outskirts of Nairobi made some think the Mungiki had at last been wiped out.

But the post-election violence appears to have breathed new life into this group.

Their re-emergence followed the killing of hundreds of Kikuyus in opposition strongholds in western Kenya.

The Mungiki scented blood and wanted vengeance.

Soon Mungiki gangs were attacking members of other tribes and hacking them to death.

It is not clear who finances the Mungiki, although it has been suggested they are in the payroll of some politicians.

Recently the Mungiki have been confronting women wearing trousers, forcing them to change into skirts or long dresses.

They say wearing trousers goes against the Kikuyu culture.

It is feared that if the electoral crisis persists, the gangs could become even more dangerous.

One thought on “Open Letter to Rt. PM Minister Raila Odinga

  1. kn

    Raila has a lot of work to do Zimbabwe should be the last thing he is talking about -first deal with issues at home

    Letter by Muslim Human Rights Forum (MHRF) to THE PRIME MINISTER OF THE REPUBLIC OF KENYA RT. HON RAILA AMOLO ODINGA EGH, EBS MP (Friday June 05 2008)

    ARBITRARY DETENTION, RENDITION AND DISAPPEARANCE OF ALLEGED TERROR SUSPECTS

    We wish to first offer you our heartfelt congratulations on your ascension to the position of Prime Minister of the Republic of Kenya. We salute your gallant struggle against oppression, your brave fight for the emancipation of the poor and the weak and for a just society that has as its cornerstone good governance and the upholding of human rights. We have always believed in your sincerity to ensure that justice prevails throughout the land, that the rights of all Kenyans are respected without prejudice and that the rule of law and constitutionalism are held supreme.

    We commend you for the sacrifices that you have had to make in your political career and are especially grateful to you for all your efforts in the national dialogue and reconciliation process that has helped to restore peace and hope to this our land and nation, Kenya.

    We are convinced that you are equal to the onerous task that lies ahead of steering this nation to the path of reconciliation, reform and reconstruction of its institutions, social fabric and infrastructure long destroyed by bad governance, naked greed and opportunism coupled to disregard for the rule of law and constitutionalism that have spawned unparalleled social inequalities, abject poverty, hate and negative ethnicity that greatly contributed to bringing this country to the brink early this year.

    We are particularly anxious to see a just and fair resettlement of the internally displaced persons (IDPs) living in squalor and hopelessness in camps and other temporary shelter after being so violently disgorged from their homes by the bloody turmoil that was visited on the nation during the post-election crisis.

    Secondly we would like to remind you, Mr Prime Minister sir, of your pre-election support for victims of state injustice perpetrated through the arbitrary detention, deportations and enforced disappearances of alleged terrorist suspects who were extra judicially removed from Kenya and taken to murky ghost prisons in Somalia, Ethiopia and Guantanamo Bay.

    MHRF wishes to draw your attention to the continued suffering in detention in Ethiopia and the disappearance of many of those suspects illegally removed from Kenya in the mass renditions that took place in January and February last year. You are aware too that amongst these people detained without trial were nineteen Kenyans and that one of them is now held at the US naval base detention facility at Guantanamo Bay Cuba .

    In your open letter to President Mwai Kibaki carried in paid up advertisements in the Standard and Nation Newspapers of October 19, 2007 and October 20, 2007 respectively, you acknowledged the report compiled by the MHRF entitled Horn of Terror and lamented the government’s inaction on the revelations of the gross violations of these detainees’ rights.

    Sir, allow us to quote you: “While I am not saying that the government should protect terror suspects, I insist that they be dealt with in accordance with our constitution and following the due process of the law, where credible evidence – and not ethnicity – is the deciding factor in determining the viability against them. The right of these deported people to equal protection under the law, as conferred by section 70(a) of our constitution, has been betrayed – by their own government, the very people they should have been able to depend upon to ensure their rights were protected .”

    As we said in our report from which you quoted extensively, the fate of the deported Kenyans remains under a very dark cloud fifteen months after their rendition. We recall you writing in that open letter: “The prisoners are reported to have been tortured and subjected to degrading and inhuman treatment under interrogation (something I have experienced myself and whose terror and horror I can now therefore fully understand). They have been denied access to lawyers, consular officials, their families and international monitors. I am horrified to know that among those caught up in the brutality of this process were children and babies.”

    You reminded President Kibaki then that the report which we handed over to the chairman of the Kenya National Commission on Human Rights, Mr. Maina Kiai, on July 6, 2007, was forwarded with a covering letter by Mr. Kiai to the Minister for Justice and Constitutional Affairs Hon. Martha Karua. The letter was copied to several other cabinet ministers in charge of line dockets, the Attorney General, the Commissioner of Police and the chairmen of two parliamentary committees and nothing had been done, you rightly observed. Unfortunately, up to now nothing has been done.

    We would like to remind you, Honourable Prime Minister Sir, of the memorandum of Understanding (MOU) that you signed with Muslim leaders prior to the last general elections, where you committed yourself to stand as a beacon of hope in the face of injustice, and support institutions where ‘credible evidence’ and not ‘ethnicity’ was the barometer of guilt.

    In particular we would like to draw your attention to clause (E)(b)(4) of the memorandum where you committed yourself to ‘specific action’ to protect the rights of marginalised groups in the country:

    ‘Specific action will include the setting up of a commission to inquire on deliberate schemes and actions of the government , its agencies or officers, to target or interfere with welfare and social well-being of Muslims in Kenya as citizens including renditioning of Kenyans to Somalia, Ethiopia and Guantanamo Bay. Such schemes and actions will be put to an end and public officers responsible for the same named and held to account .’

    With the foregoing Mr. Prime Minister Sir, we would like to humbly pose the following questions to you:

    • When will the government of Kenya bring back the deportees to be accorded justice in Kenyan jurisdiction as the constitution and laws of the land provide?

    • What steps are you taking to ensure that the gross violations that were exhaustively documented in our report, which you acknowledged so eloquently, are being dealt with?

    • When do you intend to bring those responsible to justice as you promised in the MOU?

    • When does the government or your party, the Orange Democratic Movement (ODM), intend to sponsor legislation for safeguards to ensure that such blatant violations of the rights of Kenyan citizens, and of those others who are otherwise in Kenya are never perpetrated again?

    We commend your efforts, Honourable Prime Minister, to foster a united Kenya through dialogue aimed at addressing the particular concerns of each community that calls Kenya its home, and in attempting to right historical wrongs. In this vein we urge you, sir, not to overlook the Muslims, who although heterogeneous in tribe and colour, are homogenous in faith.

    The Muslims are a community that has lived under the blinding glare of injustices, reaching the peak with the so called US war on terror, being forced to cower as foreign powers seek to convince the world of their righteousness and of the guilt of Muslims. Their moral superiority has been eroded dramatically as they blatantly flout the same rules that they have established to govern themselves, but which they feel Muslims are not worthy of. Hitherto hallowed fundamental human rights principles like adherence to the Rule of Law; Prohibition against Torture and Protection against Arbitrary Detention have been discarded on the wayside and left Muslims open to the arm of their tyranny.

    We felt encouraged when during your most recent tour of Wajir District you promised to bring to justice the perpetrators of the horrific Wagalla Massacre. We commend you too for having honoured the pledge to create a specific Ministry for Northern Kenya which is aimed at bringing about affirmative action that brings to par this long neglected part of the country with the rest of Kenya. MHRF was however disappointed that you did not mention anything to do with the victims of the extra-ordinary renditions. And apparently no one does anymore.

    Honourable Prime Minister, in a democratic society the elected officials are held accountable by the electorate. That is why Muslims as part of the electorate are asking the questions above and urging you to diligently pursue measures that ensure that the right of every Kenyan is seen as equally important to the right of every American citizen or any others in the west?

    Suffice it to say that your promise to deal with the whole issue of human rights violations in the guise of fighting terrorism and specifically the renditions endeared you to majority Muslim voters and defenders of human rights. We pray that you shall not be party to their feeling continuously let down even by the grand coalition government.

    While we are encouraged by the fact that you now have the constitutional mandate to supervise and coordinate the functions of government ministries and are in a position to demand that expedient action be taken to settle this sad affair we do hope and pray that you shall immediately take up this matter with the concerned government authorities and agencies with very visible positive results as a firm statement of how far you are willing to lead us in the struggle against injustice, tyranny and oppression while honouring your pre-election pledges.

    We respectfully await your response.

    Yours faithfully,

    For Muslim Human Rights Forum

    Al-Amin Kimathi
    Chairman

    cc.
    Hon Martha Karua EGH MP,
    Minister for Justice, National Cohesion and Constitutional Affairs

    Hon. Moses Wetangula MP
    Minister for Foreign Affairs

    Hon. Prof. George Saitoti EGH MP
    Minister of State for Internal Security and Provincial Administration

    Hon Ibrahim Mohamed Elmi MP
    Minister for Nothern Kenya and Arid Lands

    Hon. Amos S Wako
    Attorney General

    Major-General Mohamed H Ali
    Commissioner of Police

    Mr. Maina KIai
    Chairman
    Kenya National Commission on Human Rights

    Hon Abdikadir Hussein MP
    Chairman
    Parliamentary Committee on Legal Affairs and Administration of Justice

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