from Judy Miriga

Folks,

Political (the Legislatures) roles in the Government is to navigate functions in the management and in the enforcement of existing New Constitution, which is the existing LAWS….according to the Public satisfactory mandate and approval. When public disapprove some activities or actions of some Legislatures in a popular dialogue, it is an indication there is a serious problem that require urgent remedy or resolution. Public disapprovals are a composition of informed as well as voiceless specialized individuals with consolidated constitutional rights that the elected Legislatures have no right to trim, trump or annihilate. The people power should not be taken for granted because they cannot be defeat, destroyed or trampled upon.

The Government therefore as an institution has a duty to deliver services, protect and prevent injustices. In this case, the behavior of Legislatures, their attitude and affairs within the Coalition Government is lacking credibility and is questionable in cases involving the Ocampo six, where matters have turned out to be a Ping-Pong game, and are seen likely to be trivialized to evade justice; the reason there are constant skewed skimpiness with the dodging maneuvers to avoid ICC Hague when they were buying time from constituting Local Tribunal to tackle legal justice according to the Time Table of National Reform Accord Agenda and as contained in the New Constitution; the reason why hip-hop style of shifting goal-post to create confusion and that they be able to buy time so they can get away with the questionable evil inhuman behavior of demonic influence; the reason they decide to put illegal non-constitutional beacons to conspire, jeopardize, corrupt public kitty unjustly to pay for their Legal protection and so delay and obstruct legal justice against their electorate citizens by the Shuttle of Diplomacy of the commission Agents by Kibaki that is led by Kalonzo Musyoka at public expense, and equally providing a final blow of engaging the Counsel of the Queen of England to seal the coffin box of the African poor by six inch nail.

It is prudent that the people public as well feel they should have limitations and litigation to represent their interest, since People interest and survival are now under severe threat by the Super Rich Special Interests, who over the years have pushed the poor Africa to poverty death bed, killed their sons and daughters without mercy or human empathy, stolen from Africa’s Natural Resources and exasperated Slavery of the marginalized poor through such maneuvers with Government Legislative Conspiratorial “Intelligent Property Theft”…..Wont we stand up, expose and speak even unto our death beds as helpless as we are? Isn’t our God bigger than anything else in this world? Didn’t God the Creator made this universe, who Himself promised us Peace, Love and Unity and live in bountiful??? Why would the Queens Counsel step in to deflate power of the poor African who are struggling for change to have a better life from Oppressive Regime?? Does she care for humanity?? How much of sucking the poor will she call “it is enough”…. How will she feel if any of her family members belong to the marginalized African poor who upon their death beds enlisted to slaughter house? How much pain is more severe than what they have undergone in the marginalization and sinking into poverty death beds. When shall poor Africans call for Liberty from Freedom?

These are grave public concerns affecting poor Government service deliveries that have jammed-up and shadowed violation and crimes committed before and after 2007/08, where many lives of their electorates were lost and hopes for survival destroyed. It is not possible therefore, that the Coalition Government, as an Institution which is expected to prevent injustices, are the ones busy engaging in ways and means to block wrong-doers from facing the Law and are at the same time paying and utilizing public taxpayer money to protect and cover those suspected of Crime and violating People’s Rights.

Do we actually need government? Is it possible to live without laws or rulers? Because man needs a moral limits, government is absolutely and fundamentally necessary, but Natural Rights under Human Rights must be respected under Law where discipline can be instituted to restore Law and Order for purposes of Democracy to take roots and Development be seen to take shape under transparency and accountability. It is the Peoples responsibilities to stand together and stop this cancer of Greed and Oppressive rule from the Status Quo who want to continue to stay in power to corrupt their way through impunity, marginalization and genocide.

It is about time we establish constitutional laws and end these vices so we can encourage moral virtue and respect all community with their traditions. This is because we have a moral obligation as a society to chart for our future and secure our destiny for the sake of our children and grandchildren.

We will not at any rate, buy their waka-waka skimpish theories which will provide them with safety-net for their evil acts, but challenge them openly and demand to know what’s cooking at the Queen’s kitchen and why she would be seen to be embroiled in supporting Autocracy in Kenya or for any matter in any part of Africa.

I hope the response will be that she too is supporting true Democracy for the people of Africa except some unscrupulous people trying to tarnish her honorable title respected all over the world. We must be watchful people!

Is it true, “mnyonge hana sauti”? And who is doubting African Woman’s Leadership in Kenya???

All members of Public in every society of the world struggle for dignity, freedom, Peace and Love and Unity for common purpose is what unite cultural diversity so we can live together sharing the Love mutually caring for one another and in a responsible organized strategic plan for the exchange social prospects and of Trading in Partnership amicably…..this is what we all need, and this is what we must all nurture.

A working Government system that facilitates and delivers services according to the Constitutional people’s mandate is a necessity to all people of every Republic of the world. But this Kenyan Coalition with most African Government have proved they are not working for the best interest of people. Their principles are factually based on, round the clock crimes and prejudices that are seen to eliminate social fabric of responsible survival with greater society pains of disconnect from reality year after year, in the expansion of injustices, elevation of slavery, perfecting skills for oppressive rules through organized Mafia and thugs factors that create fear and fuel Civil war, assassination as well as cases that destabilizes unity for common purpose so they can have their ways and succeed in their norm.

We appeal to all Leaders of the world to stand with us to demand standing down and the dissolution of the Coalition Government to pave way for Transitional Government, a caretaker government that are able to put the New Constitution in place for the planned election of 2011 to take place as planned.

We demand that the current Coalition Government Leaders including Uhuru with Ocampo team as well as the Shuttle Diplomacy Commission Agents, step aside before it is too late or before things fall apart, so that the ICC Hague can effectively do their work without tits of high level of sophisticated hustle and drama. It is the public who loses in leaps and bounds which ultimately severs people’s mandate for Democracy and the quest for Just Rule of Law.

Thank you all,

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

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State enlists Queen’s Counsel in Hague cases

By MUGUMO MUNENE mmunene@ke.nationmedia.com

Posted Saturday, March 12 2011 at 22:00

In Summary

Attorney General Amos Wako has tapped two British lawyers, Sir Geoffrey Nice and Rodney Dixon, both associated with Sudanese President al-Bashir’s legal battles at The Hague, to advise the government on how to defer the cases against the Ocampo Six. Who are these lawyers, and can their legal advice advance the government’s cause?

AG Amos Wako says he’ll present opinion of the two lawyers to the Cabinet

The government has turned to two British lawyers associated with the case against Sudanese President Omar al-Bashir at the International Criminal Court in a last-ditch attempt to end the case against the Ocampo Six.

Sir Geoffrey Nice, Queen’s Counsel, and Rodney Dixon arrived in the country last week and held their first meeting with Attorney-General Amos Wako on Friday, sources at the AG’s chambers told the Sunday Nation.

The two British lawyers are expected to help the government put up a strong case against the efforts of ICC challenging prosecutor Luis Moreno Ocampo to have six Kenyans indicted for crimes against humanity.

“They are here to form a preliminary opinion on the various issues before I can confirm their appointment,” AG Amos Wako told the Sunday Nation. “I want to handle this professionally, and I want an opinion from people who have practised before the ICC. I want an informed opinion.”

Deputy Prime Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura, former Police Commissioner Hussein Ali, Eldoret North MP William Ruto, his Tinderet counterpart Henry Kosgey and radio presenter Joshua Sang have been accused of committing crimes against humanity during the post-election violence in 2007-2008.

The government has mounted an expensive campaign, including lobbying the UN Security Council, to have the six tried in Kenya.

On Saturday Mr Wako said he plans to present the opinion drawn up by the two lawyers to the Cabinet for consideration and formulation of a strategy.

The AG spoke as Law Society of Kenya chairman Kenneth Akide cast doubts on Kenya’s ability to convince the world that the cases should be deferred.

“The government must engage the ICC and demonstrate to the court what mechanisms it has put in place to bring to account the persons whom investigations have pointed to. Short of that, we do not support the current process because we think it’s an extension of the impunity we are trying to punish,” Mr Akide said.

He suggested that the government should make another attempt to establish a local tribunal.

“The government needs to go back to the drawing board and engage Parliament and set up a credible local tribunal. The ICC knows the necessary benchmarks. I do not think there are sufficient grounds to challenge admissibility and jurisdiction,’’ he said.

The Kenya chapter of the International Commission of Jurists is also of the view that the challenge Mr Wako has promised to put up will fail.

“The government has the right to challenge admissibility, but if wise counsel prevailed, they would spend that time doing something else. If government was saying it has got something of its own that it’s falling back on, then you would sympathise with the government. But they are saying let’s not have ICC and instead let’s have nothing. They are saying–leave us alone,’’ said ICJ executive director George Kegoro.

“The Ocampo Six just have to go and defend themselves. They say they are going to respond to the summonses, and that is wise. I hope they put up a spirited defence for themselves, and then we will abide by the decision of the court. That is really the only option,” he said.

According to the ICJ, those still holding public office should resign because they are in contravention of the Public Officer Ethics Act that prohibits conflict of interest.

“You can’t be involved in making decisions in a matter where you have an interest,” he said.
The government– even though coalition partner ODM has expressed its reservations–has resolved to go before the Pre-Trial Chamber to block Mr Moreno Ocampo from opening cases against the six.

Through Mr Wako, Kenya will submit that the ICC has no powers to hear the cases.
The Rome Statute, which established the ICC, has provisions that allow both the Ocampo Six and Kenya to go before the Pre-Trial Chamber judges to argue that the two cases should not be allowed to proceed.

The two British lawyers tapped by the State Law Office have extensive legal experience in England and have also practised international criminal law.

Sir Geoffrey has previously worked for the United Nations at The Hague where he prosecuted former Serbian President Slobodan Milosovic for war crimes.

He left the ICC under controversial circumstances.
Mr Milosovic died of a heart attack on March 11, 2006 in his prison cell at The Hague before his case was concluded.

Mr Dixon has been representing Mr al-Bashir in proceedings involving the ICC and the Darfur conflict.

Last July the two lawyers told reporters in Kampala that the arrest warrants issued for Mr al-Bashir on allegations of war crimes and genocide were illegal and should be revoked.
They raised a legal argument that a sitting head of state should enjoy immunity from prosecution at the ICC.

The issue of immunity for a sitting president has never been resolved and can only be dealt with by the International Court of Justice (which is distinct from the ICC), according to Sir Geoffrey and Mr Dixon.

“There is a provision in the ICC charter that states should observe their obligations to other states in terms of immunity, even where there is an indictment by the ICC,” Sir Geoffrey told reporters at the AU summit held just outside Kampala.

The two attorneys are now supposed to help the Kenya Government block the International Criminal Court from charging the Ocampo Six.

The two are the latest foreign lawyers to join Kenya’s ICC case. Mr Kenyatta, Mr Muthaura and Gen Ali have all retained foreigners as lead attorneys in their bid to fend off Mr Moreno Ocampo.

The two lawyers and Mr Wako begin work days after a United Nations agency official cautioned Kenya against mounting a challenge before starting investigations against the post-election violence suspects.

“For states with sovereign jurisdiction desiring to challenge admissibility, the bottom line is that they must clearly demonstrate that they are truly and genuinely investigating or prosecuting the cases in question,” Mr Chile Eboe-Isiji, a legal adviser to the UN High Commissioner for Human Rights, wrote.

To successfully argue the case, Kenya will be required to prove that the Ocampo Six and other alleged perpetrators of the violence are either being investigated over or prosecuted for the crimes.

The AG can also argue that Kenya has already investigated the case and decided against prosecuting the concerned people.

But if the decision was based on the unwillingness or the inability of the government to prosecute, the court will rule against the challenge.

Kenya may also claim that since a new Constitution was approved, it is in the process of putting in place institutions that will ably investigate and prosecute the Ocampo Six.