Folks,
There is a tag-of-war between the coalition Government between PNU members and ODM that which is based on conflict of interests and is amounting to Kibaki engaging in Abuses of Office amounting to public civil mistrust where gross violation of the Government Institution is used to undermine The Constitution through gross misconduct and the misuse of facilities contrary to his Oath he took to uphold and honor. Kibaki’s behaviour and attitude absconded from the fundamental Reform of Institution of the Government he swore to observe and uphold in order to stop corruption and impunity coated with careless assassinations and intimidations, with unavailability to fair and just Rule of Law; him and his cronies have engaged in excessive indulgences in corruption, impunity and graft even after diverse popular public outcry he turned his head the other way from stopping abuses and corruption, but his actions were seen as fueling them. It has been notworthy his stand is solid with the Ocampo six who are going round the country chest-thumping and bragging, while they are busy shuttling the world spending taxpayers money to obstruct justice from taking place at the ICC Hague, knowing too well that they are not willing or are at any time soon, have a wish to institute Local Tribunal. Kibaki and his PNU team are standing on the way for Reform because they are unwilling to implement the New Constitution specifically the Federal Governance (Majimbo) rulership that of the public interest and which was voted overwhelmingly at the Referendum.
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They are seen to be in a severe conflict of interest more specifically, the reason they have compromised public interests to those of their personal and private interests for the quest of Complex Trade Secrets, that which involves International Intelligent Property theft and cases of commercial Litigation, and where Civil Antitrust Investigation is necessary and mostly urgent.
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Kibaki and his PNU team have grossly violated and committed serious crimes of Human Rights and abuses of very high magnitude and did not protect constitutional values nor the promotion to peaceful existance for purposes of National Unity.
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This is the reason Kibaki is striving very hard to protect the Ocampo six from facing justice at the ICC Hague trial…where he is aware that according to Law, the State cannot take side on injustices or cover or obstruct justice from taking place, especially when the Parliament had given Ocampo authority and powers to assume responsibilities to take charge on the matter. For this case, he had squandered more than $600,000 million in the shuttle of the Mission Team led by Kalonzo Musyoka to block and obstruct justice at the UN Security Council. Within his Office supervision and authority, he also commissioned people to sign petitions against the ICC Hague for deferrals against the people public interests and against a serious outcry from the international public forum.
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The state has no business to take sides in the ICC trials; the state is not on trial. Not unusually for him, he has reneged on his promise to cooperate with the ICC. He has illegally squandered large sums of public money lobbying for the deferral of the trials. Provincial administration under his office has coerced people into signing petitions against the ICC.
His recent nominations for the CJ, AG and DPP were made in bad taste at which he prompted massive and overwhelming condemnations locally and abroad and against public interests which were illegal, unlawful and unconstitutional, seen to be of suspesious motives with intent to defraud and impose acts of improper lawlessness procedures before he was able to recind down.
The marriage of convenience between China and Kibaki is for the 300% gainful interests for the Chinese Government, compaired to gains by the Republic people’s interests that are seen to be robbing the Republic people of Kenya and Africa. They are engaged in Complex antitrust in Commercial Trade Secrets of Intellectual Property Criminal Theft through the engagement of Colonialism Slavery …. which they have to answer and compensate through the International Criminal Court, the ICC Hague, the reason they are backing the support for referral on the Ocampo Six who they have in cohort with Libya stolen public utilities, facilities and resouces, including land for Agriculture for their own business gains, Migingo, Lake Victoria Mining, Lamu Mining, Rift Valley Railways, etc., etc., while they are doing nothing to improve lives and situations of excessive poverty, hunger and sickness of the people of Kenya and Africa. The Country of Kenya and other Nations in Africa are solerly owned by the People Public of Kenya with those of other African Nationals. It is whose interests Mutual contracts between China, Libya and the Government should be engaged in benefiting as stakeholders.
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All these tactful maneuvres are noted with sadness as delaying tactics since immediately he summoned the Parliament to recess when urgent matters are pending and are behind scheduled time-table for National Reform Accord Agenda.
Kibaki must be rounded up with the Ocampo six to face justice at the ICC Hague with cases including:
(1) He is running the government as a personal private business, not a public institution under the constitution, to protect the Public and that of National interest objectively.
(2) He uses state taxpayers public money for unlawful private interests
(3) He has refused to releave Uhuru, Muthaura, Kimunya, John Michuki, Saitoti, Sam Ongeri and others off their public services, who are suspects of various serious offenses contravening the Law and are of abusing their Offices in conflicts of interests that require investigations while out of public offices
(4) that Kibaki has shown little respect for international law and the United Nations that were ratified by Kenyan law and are part of Kenyan Laws
(5) that Kibaki has totally neglected his official duties according to his Oath of Office he swore to uphold
(6) that Kibaki has magnified ethnic conflicts and disunity and marginalization to a high level instead of promoting national unity for common good and purposes, the reason he is against Federalism
(7) Kibaki has nominated candidates for constitutional office without proper background checks or scrutiny for compatibility with Chapter 6
(8) that Kibaki has continually consorted and conspired with ministers who are being investigated for charges with crimes against humanity
(9) That Kibaki is seen to be continuing with politics of impunity, where Police are still shooting in assassination style without the law taking its due charge, and the police go scott-free
(10) The Mungiki are still in the employment of the police as special police recruits
These and many others make Kibaki liable to face charges at the ICC Hague including Kalonzo Musyoka, Saitoti to join the Ocampo six.
I hope the above will necessitate a wrap-up situation for the ICC Hague Judges to make possibilities of consolidating Complex Public Commercial Litigation and Legal Civil Antitrust Representation so we can settle matters amicably the Legal Way for the sake of Peace and Unity, Reconcilliation and Reconstruction away from constant too much talk, push and shove.
We have talked, pushed and shoved enough, it is time for action to take its Legal causeway. It is time where the incorrigible above the Law personalities will begin to adjust and respect the Institution of Law irrespectively……especially incase they are too powerful for their Local Country Legal institutions and are untouchable…..Conditions must force them to begin to understand that, Law is Law and their ways must change accordingly. This is because, Law and Order is a pre-requisite for good peaceful living, which we all are obliged to obey without malice.
What a wonderful world it will be !
Thank you all,
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
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Kibaki Thanks China Over ICC Deferral
18 March 2011
Nairobi ? President Kibaki has thanked China for supporting government’s bid to defer the post election violence cases for a year.
He said Kenya’s engagement with the international community over the deferral was aimed at entrenching peace and security in the country.
President Kibaki made the remarks during discussions with the visiting Vice Premier of the People’s Republic of China, H.E. Wang Qishan at State House, Nairobi Friday.
The Head of State told the Vice Premier that the one year deferral would accord the government time to establish a credible local judicial system to try the six suspects behind the post-election violence.
The Vice Premier noted that China supported home grown solutions that would help Kenya overcome any challenges it faced including the ICC process.
The Vice Premier pledged his country’s support for the initiatives Kenya is taking to deal with its domestic issues as a sovereign nation.
Terming China as a dependable development partner, President Kibaki acknowledged that the two nations have had a fruitful cooperation between them on matters of international concern, citing piracy and terrorism among others.
“Over the years, Kenya has benefited substantially from the financial and technical support extended by your government, making China one of the leading bilateral donors to Kenya today. This assistance has had considerable impact on Kenya’s social economic development,” said the President.
At the meeting, Kenya and China signed ten agreements in various economic and social fields that will see China fund projects in Health, Infrastructure and other fields of progress.
Saying the relation between Kenya and China continues to flourish in many sectors including Agriculture, Education, Trade and Tourism, President Kibaki reaffirmed the government’s commitment to also continue cooperating in areas of peace and security.
Recalling his visit to China last year during which he held fruitful discussion with the country’s President Hu Jintao, the Head of State said Kenya and China undertook to maintain high level visits contacts to expand and strengthen the bilateral relations.
President Kibaki was among few Heads of State and government invited by China to grace the opening of Shanghai World Expo 2010.
China’s financial and technical assistance to Kenya within the years, which runs into billions of shillings, has made significant impact to the country’s social-economic development, said the President.
Among the ongoing projects financed by the government of China through concessionary loans and Preferential Buyers Credits and at various stages of implementation include expansion of Nairobi- Thika Highway, construction of Nairobi Eastern and Northern by-passes and Kenya Power Distribution Modernization Strengthening projects.
“This cooperation has similarly been advanced through the Forum for China-Africa Cooperation (FOCAC) which is anchored on the FOCAC action plan 2010-2010. The plan was adopted during a Ministerial Conference held in Egypt in November last year,” The President added.
Reiterating Kenya’s support for a one China Policy, President Kibaki, at the same time, supported efforts by the international community for tackling climate change and other associated problems in realization of a green economy.
Besides bilateral talks the President and the China’s Vice Premier discussed various regional and international issues of common interest including the security situation in the Great Lakes region, the horn of Africa and the Africa continent.
The Head of State stressed that the piracy problem in the Indian Ocean and the Gulf of Eden can only be solved through enhanced participation of all UN member states.
Appreciating China’s determination and continued support to full implementation of the Sudan CPA, President Kibaki expressed the government commitment to regional peace and stability especially in the great lakes region and the horn of Africa.
Following the outcome of the recent referendum in the Southern Sudan, the Head of State said, Kenya looked forward to continue working closely with China to ensure establishment of two friendly and viable sovereign states in the Sudan living peacefully side by side.
Later at State House Nairobi, President Kibaki and the Chinese vice Premier witnessed the signing of ten agreements on economic, financial and technical cooperation between the two countries.
The deputy Prime Minister Uhuru Kenyatta and Trade Minister Chirao Ali Makwere signed on behalf of Kenya while the Vice Minister for Commerce Mr. Fu Ziying signed on behalf of China.
The visit by the China’s Vice Premier responsible for Economic and Financial Affairs, which is his first in Kenya and Africa, is aimed at further strengthening the good political relations existing between the two countries.
The China’s delegation in the talks included the president of China Exim (Export-Import) bank Mr. Li Ruo Gu, Chinese Ambassador to Kenya Liu Guangyuan, Vice Minister of Foreign Affairs Mr. Zhai Jun and the deputy Secretary General of the State Council Mr. Bi Jingquan.
In attendance were Deputy Prime Minister and Finance Minister Uhuru Kenyatta, Cabinet Ministers Ali Chirau Mwakwere, Prof. Hellen Sambili, Dalmas Otieno, Amos Kimunya, Franklin Bett, Prof Anyang’ Nyongo and Assistant Minister Richard Onyonka, Head of Public Service and Secretary to the Cabinet Francis Muthaura and other senior government officials.
During the grand occasion ten agreements were signed touching on cooperation on various sectors of the economy among them Trade, Investment, Economic and Technical Cooperation, Free-Interest Loans, Bilateral training for Kenya Government Officials as well as provision of Concessional Loans.
UN Council Rejects Kenya’s Deferral Bid
Murithi Mutiga
19 March 2011
Nairobi ? Kenya’s bid for the suspension of International Criminal Court action against the Ocampo Six has flopped following a rejection of the plea by key UN Security Council members.
An informal meeting between Kenyan envoys and members of the council on Friday yielded no breakthrough for Kenyan officials. UN Security Council members including permanent members US, Britain and France said they would reject the request.
A veto by any of the three countries would be enough to doom the mission, championed by President Kibaki’s allies, for a deferral of ICC action.
The Reuters news agency quoted French ambassador to the UN Gerard Araud saying Kenya stood no chance for success when asked if the Security Council might accept the request.
“No, I don’t think so. The conditions of the implementation of Article 16 are not fulfilled.”
Article 16 of the Rome Statute, which set up the ICC, allows the Security Council to suspend the court’s proceedings if prosecutions at The Hague would constitute a threat to international peace and security.
“Every council member has told them individually that their request will be rejected,” a council diplomat told Reuters on condition of anonymity.
“One point of today’s (Friday) meeting was for the council to collectively make that clear to the Kenyans.”
The rejection by the Security Council will come as a setback to government, which has been on a shuttle diplomacy led by Vice President Kalonzo Musyoka, to lobby the UNSC to postpone The Hague trials.
In December, ICC prosecutor Luis Moreno- Ocampo named Finance minister Uhuru Kenyatta, head of Civil Service Francis Muthaura, Postmaster General Hussein Ali, MPs William Ruto, Henry Kosgey and radio presenter Joshua arap Sang as the men bearing the greatest responsibility for the post election violence that killed 1,133 and 650,000 uprooted from their homes.
The Ocampo Six have been summoned to make an initial appearance on April 7 and 8. They have indicated readiness to obey the summonses.
The six are separately charged with murder, rape, deportation, torture and other inhumane acts.
Ocampo seeks harsher charges on Kibaki men
By Alex Ndegwa and Cyrus Ombati
International Criminal Court Chief Prosecutor Luis Moreno-Ocampo wants far more serious charges preferred against three of President Kibaki’s associates whose written summonses arrived this week.
Ocampo also contends his case could be undermined by the judge’s re-classification of the crime of forced circumcision, which he puts under “sexual offences”, to “other inhuman acts” by the chamber. If he is granted leave to appeal, he will be arguing the judges did so “without explanation of legal support”.
The prosecutor argues the three — Uhuru Kenyatta, Francis Muthaura and Hussein Ali — were among Government officials who presided over systematic executions targeting perceived Orange Democratic Movement supporters.
The objective, he argues, was to keep President Kibaki and his Party of National Unity in power. He describes the action of the Deputy Prime Minister, Head of the Civil Service, and then Police Commissioner as an answer to ODM’s own organised attacks against PNU supporters in its strongholds.
He also explained that though Mr Uhuru was not in Government at the time he had been either in or worked closely with it in the past.
The judges had ruled Mr Muthaura, who is the chairman of the National Security Advisory Council, Ali, who was the police chief during, and Uhuru, being State agents could only be charged if they had acted pursuant to a “State policy”. Ocampo in his application for summons against them did not submit a plea for a “State policy” in attacks against ODM supporters. He said evidence did not support such a conclusion. Consequently, the judges also rejected the contribution of the police to the crimes in Kisumu and Kibera.
News of Ocampo’s appeal came as Kenya Police served summonses on some of the six individuals. Kass FM Radio presenter Joshua arap Sang was the first to be served with his summons by the deputy director of police reforms, Kingori Mwangi.
The Standard has also confirmed Kingori later served Muthaura, Uhuru and Ali. They each had to sign a document showing they had received the summonses. Sang’s lawyers Kimutai Bosek and Katwa Kigen witnessed the service and told him to sign the delivery note.
Summons
Kingori and Sang signed the paper showing the service was conducted at the Kass FM studios along Dennis Pritt Road. A letter by Commissioner of Police, Mathew Iteere, which asked Sang to acknowledge receipt, introduced the summons: “I have received summons from the Hon Attorney General Amos Wako. I ask you to acknowledge receipt of the same.”
“He told me he had my summons from The Hague and we agreed they be delivered here today (yesterday) morning. He sent Kingori and we acknowledged receipt,” added Sang.
For Moreno-Ocampo the contention is the chamber’s conclusion that he had not pleaded that the conduct of the police was part of a “State Policy”, and “accordingly refused to consider the police conduct and the criminal behaviour attributed by the prosecution to the suspects stemming from it.” “It did so as a result of its implicit legal conclusions that persons holding State offices may not form part of an organisation and misuse a portion of the State apparatus to implement a non-State organisational policy within the meaning of Article 7(2)(a),” argues Ocampo.
Ocampo is concerned the judges have restricted the alleged commission of crimes against humanity to events in Naivasha and Nakuru and further only to those acts that were linked to Mungiki.
The prosecutor contends although preliminary evidence suggested there was no “State policy” to commit the crimes if they were unpunished it could promote impunity.
“The standard adopted could, if not corrected, provide impunity for criminal activity directly perpetrated by the police or encouraged by its deliberate failure to act,” he argues.
In pursuit of the elevation of charges into a higher threshold and in seeking to reinstate the level of seriousness of the crimes he proposed against the three, which were rejected by the Pre-Trial Chamber II, Ocampo has written to the judges.
He is seeking permission to appeal against the judges’ specific decisions and conclusions.
He argues Pre-Trial Chamber II erred in rejecting his argument the police killings in January 2008 were part of a “State policy” of shoot-to-kill by police, on the basis his application did not specifically ask for this consideration.
Prosecution’s charges
He argues the consequence of the decision could influence future cases because it threatens to protect an entire category of persons from criminal charges such as State officers who contribute State machinery to attack civilians in furtherance of a non-State organisational policy. He contends the Pre-Trial Chamber had overstepped its powers because “it cannot narrow the prosecution’s charges by excluding facts and circumstances unless the narrowing is required by law.”
If he has his way, the three who are clustered under the same grave charges that include killings and uprooting of populations, will be staring at more counts on their list, which possibly could attract harsher sentences if supported by evidence.
But the chamber will first have to confirm the charges against them beginning next month. That is why Ocampo wants his appeal dispensed with before this crucial stage in The Hague hearings, which takes up to seven months. His other reasons for seeking the green light to appeal lies in disagreement with the judges on the level of ‘organisation’ required to qualify a crime against humanity.
In particular he wants the judges to re-examine his argument that the State actors or people in or close to the Government, including the three, acted within a network of crime, which in this case is the Mungiki sect. When State actors act within a network like this, he says, it should be held that they were acting on a predetermined “State policy”.