Date: Mon, 16 Feb 2009 11:41:39 -0800 [01:41:39 PM CST]
From: otieno ombok
Subject: Re: Mr. Kibe Mungai – The nearest stick, even if crooked, is what kills a snake

Sorry, I didn’t know we were and we still are sooooo desparate. what happened to Kituo, KHRC, Hakijamiiii, LSK Advocates and Co/Associates?

I also didn’t know we are soooo politically inhygenic to the extent that we can chew cud. In economocs there is nothing for free, Kibe knows it must not be cash.

The quote from Omtata is great but I don’t know if the wolf is in the one lost ship or in the 99 left behind.

Really absurdity is absudity and cannot be otherwise.

Really, when I grow up I want to be a lawyer.

Ombok

— On Sun, 2/15/09, Mohamed Jiwa wrote:

From: Mohamed Jiwa
Subject: Re: Mr. Kibe Mungai – The nearest stick, even if crooked, is what kills a snake
Date: Sunday, February 15, 2009, 11:53 AM

This post is protected by Copyright (c) 2009 by Mohamed Jiwa All Rights Reserved

I admire the effort of those who have taken this case to court but am dismayed by the blinkered views that continue to appear in the media.

Kenya is not an island. Our rulers are dispersed globally. It is in their interest that the election failed, else pressure could easily have been brought to bear to create a better outcome. Why is Annan acting to have impunity lifted among inciters of communal violence while he is not able to say a word about impunity in the judiciary or the executive? Surely there is much that has not been brought to the surface and the balls are only being dispatched to selected pockets.

I was once done in (sold out) by a lawyer who has now long become a magistrate or even a judge, now. My case never saw the light of day.

No lawyer can withstand the impunity of the judiciary only by force of rectitude where and when there are gaping lacunae and contradictions in the constitution that even a child can see through. Still, if they instruct their lawyer wisely, and ensure that he consistently remains faithful to the principle of being instructed, the anti PSC side can gain ground. But until we have a proper constitution the cat and mouse game can only go on, with the mouse slipping away confidently every time.

I hope the cat (the people united) wins the case and I support their initiative though I don’t believe that we have a foot to stand on as long as the government is composed of a bunch of booted, suited, caped, collared and clod-hopping materialists, dressed like colonials, brandishing weapons of mass obstruction (like the police, the army and the forces) at peaceful assemblies of ordinary citizens.

I dare say that there could be many officials in all three branches of government who watch this three-act play (the crime, the mockery and the adjournment) being repeated repeatedly and end up with only smirks on their faces, like mice, don’t you think?

Of this we can be sure: It’s a really sad state of affairs.

2009/2/15 Mark Ollunga Odhiambo
HI Ochieng’ : Read this.
Mark

—
G Mohamed Jiwa

— On Sat, 2/14/09, maina kiai wrote:

From: maina kiai
Subject: Re: Mr. Kibe Mungai – The nearest stick, even if crooked, is what kills a snake
Date: Saturday, February 14, 2009, 4:50 AM

Thanks guys.. I was simply asking a question, hesitating to make a judgement call without knowing the circumstances that led to this decision.

And as someone bit older than you all, there was once a young man called Moses Wetangula, who as a student at the UofN was seen to be very pro-system and a mole for Moi within the student body which was then very radical. He went to the press to condemn student who had voted to protest (I am not sure about what) and in anger the student body turned on him, burning his possessions I think..

He graduated and opened a law firm, and Lo and behold he started taking cases for University students being charged by the state. He also represented former airforce members charged and developed a reputation as a reliable lawyer for the small man… Somehow later he became close to Moi again, was nominated by KANU, took up huge state briefs and etc..

and we know him well today… Moral of that story???????

— On Sat, 2/14/09, Okiya Omtatah Okoiti wrote:

From: Okiya Omtatah Okoiti
Subject: Mr. Kibe Mungai – The nearest stick, even if
crooked, is what kills a snake
Date: Saturday, February 14, 2009, 4:33 AM

Ndugu Kiai, Ombok et al,

This is to reinforce Nyongesa’s earlier reply to the fundamental issue you rightly raise of Mr. Kibe Mungai’s suitability to represent us in this matter:

1. When developing this case, we consulted many lawyers who were willing to take up the case but required payment (which is their entitlement) but we did not have the money. By the way, we have many public interest cases that are bogged down in court right now for lack of money and we could not afford to open another spending line without an idea where the money would come from.

2. Many of the lawyers we spoke to did not see the case the way we were seeing it. In fact, some told us that since the matter was already in the Constitution, there was no way of challenging the PSC. They told us that the only way was political – ask the MPs to amend it, or wait for the never coming New Constitution.

3. When we spoke to Mr. Kibe Mungai, he took the matter very seriously, and within two days he was “seeing” the case we wanted to file. He even told us that the constitution ammendment that birthed the Parliamentary Service Commission could be challenged by challenging the constitutionality of the 1999 Oloo Aringo Bill that ammended Section 45 of the Constitution to remove the Office of the Clerk (which was in the Public Service) and replaced it with the Parliamentary Service and the Parliamentary Service Commission.

4. When we told Mr. Kibe Mungai that we did not have any money for the case, he reminded us that he was a citizen like us and given the public interest nature of the case he would offer his services for free.

5. When we went public with the intention to sue, many people within Civil Society expressed concerns about Kibe’s suitability for the case and we offered to listen to them. We challenged them to get us lawyers who could handle the case, aas we asked Kibe to await further instructions. Mr. Haroun Ndubi was tasked to convene the lawyers and CMD offered to host them. The meeting of lawyers at the CMD boardroom to take up the matter flopped. Only Ndubi and one other (young) lawyer turned up. After a week of “inaction” we decided to move on, with instructions to Kibe to file the case as we wait for more lawyers to be enjoined in the matter. He commenced work immediately and we filed the case within a week, that was on Wednesday, December 10, 2008.

6. Finally, for those who think that it was wrong for us to retain Mr. Kibe Mungai because of his past association with the establishment, should realise that we should encourage people to do good. There is no pain when a ‘bad man’ does good. But it is agonising when a ‘good man’ does bad.

7. I request you all to read the Parables of the Lost Sheep and Coin (Luke 15:1-10): Now the tax collectors and “sinners” were all gathering around to hear him. But the Pharisees and the teachers of the law muttered, “This man welcomes sinners and eats with them.”

Then Jesus told them this parable: “Suppose one of you has a hundred sheep and loses one of them. Does he not leave the ninety-nine in the open country and go after the lost sheep until he finds it? And when he finds it, he joyfully puts it on his shoulders and goes home. Then he calls his friends and neighbors together and says, ‘Rejoice with me; I have found my lost sheep.’ I tell you that in the same way there will be more rejoicing in heaven over one sinner who repents than over ninety-nine righteous persons who do not need to repent.

“Or suppose a woman has ten silver coins and loses one. Does she not light a lamp, sweep the house and search carefully until she finds it? And when she finds it, she calls her friends and neighbors together and says, ‘Rejoice with me; I have found my lost coin.’ In the same way, I tell you, there is rejoicing in the presence of the angels of God over one sinner who repents.”

Peace!

Omtatah
0722-684-777

From: George Nyongesa
Sent: Saturday, February 14, 2009 12:33:15 AM
Subject: Re: Kenyans in court seeking
scrap of the Parliamentary Service Commission (PSC)

Kiai:

Why Kibe? Good question you ask!

Before settling for Kibe we talked to most of the “good” lawyers who often work with the civil society. However, it was difficult to work with them for two main reasons. First, it was apparently difficult for a meeting of minds since they could not grasp the matter in the way that myself and Omtata had envisaged it in our layman thinking. Second, they wanted their legal fees discussed upfront, yet we did not have a single penny. Even to today we still struggle to pay for running costs out of our own pockets.

When we talked to Kibe, he quickly caught onto our lay thinking and translated into a legal argument without losing its essence. Also, for no pay at all, Kibe was willing to piece together the notes that we had compiled from our attempt at investigative reading into the necessary legal documents and argument.

On a light note: placing Kibe’s past politico-legal escapades in focus, we embrace him in the traditional spirit of celebrating “the bad becoming good”. Perhaps much the same reason we are grieved with “the good turning bad”.

George Nyongesa

— On Sat, 2/14/09, maina kiai wrote:

From: maina kiai
Subject: Re: Kenyans in court seeking
scrap of the Parliamentary Service Commission (PSC)
Date: Saturday, February 14, 2009, 7:46 AM

George:

Even as we express surprise at the lawyers for PSC, we must be alive as well to the various conflicting legal and political roles that Kibe has played as well… In fact how come he is the lawyer chosen for this matter?

Maina

— On Thu, 2/12/09, George Nyongesa wrote:

From: George Nyongesa
Subject: Kenyans in court seeking
scrap of the Parliamentary Service Commission (PSC)
Date: Thursday, February 12, 2009, 8:16 AM

12th February, 2009

Press release

Kenyans in court seeking scrap of the Parliamentary Service Commission (PSC)

Today (Thursday, 12th February, 2009) at 9.00 am, Justice Nyamu of Nairobi’s High Court, once again sat to listen to the landmark citizen instituted case against the Parliamentary Service Commission (PSC) in which 17 representative Kenyans are seeking orders that the PSC be declared unconstitutional along with the law that created it and further that the High Court order the recovery of all the money estimated at KES 7 billion and other resources the PSC has squandered on Parliamentarians since 2003.

The PSC was has procured senior lawyers Mr. Pheroze Nowrojee and Hon. Paul Muite, the Attorney General represented by State Counsel Mr. Omondi and the 40 million Kenyans are represented by lawyer mr. Kibe Mungai.

As a brief background:

1. On Wednesday, December 10, 2008, 17 Kenyans filed High Court Petition No. 769 of 2008, at the Nairobi Law Courts, requesting that the PSC be scrapped for violating the Constitution of the Republic of Kenya, and for flouting the republican ethics that prohibit public officials from using their offices for unjust enrichment and other forms of personal gain.

2. On Wednesday, 21st January, 2009, when the case came before Justice Nyamu, it could not proceed because the PSC alleged they had not been properly served, since the court papers were delivered to their Legal Department office instead of their Clerk.

3. On Friday, 30th January, 2009, although the Attorney General (through whose office all bills are transformed into law and therefore had much to do with the passing of the contentious law) was ready to proceed, the PSC requested for leave of the court to instruct lawyers to appear in court on their behalf. The case was therefore postponed to today, Thursday 12th February, 2009 to allow them to get legal representation.

Update: At the PSC’s advocates’ (Mr. Phiroze Nowrejee and Hon. Paul Muite) request, Justice Nyamu granted orders allowing the PSC 21 days within which to respond to the chamber summons in this matter filed by Kenyans at the High Court. Lawyer Kibe further requested and was granted 7 days leave after receipt of the PSC’s response to the chamber summons, within which to reply. Consequently, the next mention of the case is scheduled for Thursday, 12th March, 2009.

In addition, although submissions on the chamber summons will be heard by Justice Nyamu, by application of all parties, the petition will be heard by a three member panel of High Court judges.

Way forward and support required:

1. Unfortunately, since our last communication, a parliamentary tribunal has been set up and gazette to look into the matter of MPs remuneration and taxation. We disagree with the move to have parliamentarians review their own remuneration as they are obviously biased and it is a clear conflict of interest right from the beginning for whomever is proposed to occupy such a tribunal. In this regard, we shall be amending the court documents to seek court orders that in public interest, the tribunal be disbanded.

2. That the PSC ( read the State) has retained such high profile advocates, Mr. Phirozee Nowrejee and Hon. Paul Muite to represent them fortifies our resolve since it is clear that they and the AG, who is willing and ready to proceed, acknowledge there is indeed a strong and valid case to answer. On a sad note, we are however surprised that the people that have previously fought by our side can now be “hired guns” to offer “legal expat” not legal expert to the very criminal system against which we fight. In any event, we appreciate that the profile of this case has been increased. On that note we appeal to all patriotic Kenyans who are lawyers and advocates to join Mr. Kibe and lend support as we face the giants ( Phirozee Nowrejee and Paul Muite) in the ring.

3. Fellow Kenyans can support us by adding your signatures to the growing list of “army against impunity” as we aim to collect 5 million signatures on our petition. Your signature counts since it will help us build a strong and stable base of Kenyans through which to make your voice heard and to push for Kenyans’ best interests’ agenda against culture of corruption and political impunity. The petition is available at www.kejude.org

4. We propose to set up a Solidarity Fund in order to raise the resources we require in sustaining this petition. Feel free to contact us ( see www.kejude.org) to obtain more information and to contribute to this fund. It is important we have financial muscle in this struggle against the State. Your support through your generous donations will be most appreciated.

5. We need the numbers to join us in court for solidarity- you are all welcome to join us at court on Thursday 12th March, 2009 – High Court Chambers 35, Nairobi – so that this is not a case of just a few individuals but all Kenyans. We are all being robbed and we must therefore all stand and resist.

This is a detailed follow up to my colleague in the subject matter Okiya Omtatah’s earlier posting!
On behalf of other petitioners,
George Nyongesa
Bunge la Mwananchi
mwananchibunge@gmail.com
www.bungelamwanchi.org
+254 720 451 235