from Judy Miriga

Folks,

I am concerned that Kenya is not only going the wrong way, but major concern are that there are plans to derail Kenyas Devolution/Majimbo Federal Governance with implementation of its National Reform Agenda.

These are reasons why, Wetangula has been brought back before any investigation is completed why he was suspended, so to consolidate Status Quo Special Interest.

The other reasons are why, Muigai, a blood relative of Uhuru has been nominated to Attorney General Office to help rigging the election and mess and confuse Legal matters concerning electioneering……… as well as consolidate Special Interest Control and Power. The symptoms can be observed in the way Uhuru is blocking funding to be dispatched to the Counties……..chest thumping he will use all his powers to block Devolution from taking place.

These are some reasons why Migingo is being played a roller coaster….and is the reason why Saitoti and James Orengo are going to loose their portfolio. Raila in fooling Kenyans, has agreed to compromise for his stomach and those of his family members……..PM Raila compromised Migingo, where the whole world knows precisely and clearly that Migingo is Kenya’s Rock….Land…….Island…..BUT Raila in his dangerous undercutting deals over the years, use Luos as his springboard to gain wealth. Records show that PM Raila’s wealth including Mollasses emanated from the Luo Community’s public funds…….Many Luos have died or been displaced as a result of these dangerous undercuttings and because of “Intellectual Property Thieving”…….why he continually negotiate with the corrupt Kikuyus to deny Luos responsible and dignified livelihood and survival……..

My Kenyan people, Kenya have in place the Security Armed forces, Navy and Airforce……we do not need Police Boss to man our boarders……the Police team Iteere will send to Migingo to mann its surrounding are the Mungiki and Al-Shabaab who were trained by Uganda to form joint terrorist force, some have been dispatched to Kisumu and Siaya, who are currently busy terrorising Luos there and are daily derrailing and ambushing drivers from Busia Kisumu boarder…….others rented houses in Ukwala and Kodiaga where they ambush and kill people in the night and matters are not reported……they recently about a month ago, killed about 10 people in Kodiaga and in Ukwala whose bodies were severed with pangas. Their intentions are to create fear and intimidate the Luos by robbing and killing the Luos in and around Lake Victoria, including the Migingo and Ugingo fishermen with those who are opposing them.

Good people, it is not the Luos alone, basically mostly at risk are the Lamu and Kwale have been completely sold with other parts in Mombasa…….

It is therefore extremely dangerous for us to accept Wetangula and Muigai in both the Foreign position and in Attorney General Office. These two posts must be contested and opposed vigorously, after all, they did not pass vetting tests to qualify for those positions……..and it is because Raila and Kibaki cannot be trusted.

This time round, the post of Attorney General should go to a Lady of good standing with track record of discipline to service calling. We need a person of credible outstanding character who do not belong to the circle group of the corrupt cartels, a person who will translate the Law in a fair manner to benefit the Nation and all people without fear, favour or discrimination. This person will help shape the country in its formative stage to make sure discipline and order is instilled in the Judicial sector Administration to a reputable and respectable standards. This person everyone will agree is none other than Mary Angawa.

Once again, we stand to challenge Kibaki and Raila’s way of conducting Reform Agenda implementation that, the countdown update, three days to go should see them removed if they do not stand down by then. They are both a dangerous prescription to Kenya and Kenyans and this will not be tolerated or acceptable.

This is a very sad day for Kenya and Kenyans, but hope and trusting in God will carry us through.

Thank you all,

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

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Patronage Still Rules Cabinet Appointments
24 August 2011
editorial
Wednesday’s Cabinet reshuffle demonstrated once again that political expediency and loyalty rather competence and service delivery are the defining criteria in public appointments.

Although done after consultations between President Kibaki and Prime Minister Odinga, it is a fact that the ODM leader used the shake-up to punish his fierce critics in the party and reward loyalists.

Mr William Ruto and his allies in the party who were axed from the Cabinet have waged a long war against Mr Odinga, and on several occasions stated their intention to quit ODM.

It was thus just a matter of time before they were removed.

In contrast, Mr Moses Wetang’ula, a PNU loyalist, was returned to the Cabinet even when the scandal that forced him out of office had not been conclusively resolved.

More often than not, politics is about loyalty and patronage. But this is the kind of attitude Kenyans wanted to get rid of when they voted for a new Constitution last year.

For all four decades of Kanu rule that ended in 2002, the practice was for the Executive to strike at critics and reward cronies with lucrative appointments and contracts.

Little changed with the Narc ascendancy, and clearly, the status quo still obtains.

The danger is that this power patronage promotes mediocrity and hero-worship, while shunting aside excellence and service delivery.

And it is precisely why the new Constitution changed the composition of the Cabinet by providing for the appointment of technocrats rather than politicians – to inject professionalism in the management of State affairs.

The principals should have demonstrated this new spirit while reorganising the government.

Surely, the time has come to throw the politics of stick-and-carrot out of the window.

Citizen Furious With Kibaki Over Return of Wetangula
James Kinyua
25 August 2011
MPs now want parliament to bar reinstated foreign affairs Minister Moses Wetangula from conducting business claiming the executive has undermined its resolution to suspend him from office.

Foreign Affairs Committee chairman Aden Keynan has accused the executive of not respecting the work of committees. Wetangula stepped aside last year after the committee recommended that he steps aside to pave way for investigations into a scandal involving the sale Kenyan Embassy in Tokyo.

Miguna Given Nod to Challenge Suspension
Nation Correspondent
24 August 2011
Suspended aide to Prime Minister Raila Odinga has been given the go-ahead to challenge the decision to interdict him.

Vacation judge Wanjiru Karanja, however, declined to order the government to reinstate Mr Miguna Miguna. (Read: Leave Raila alone, Miguna told)

Justice Karanja allowed the government to respond to the issues raised in the case filed by Mr Miguna’s lawyers Nelson Havi and Michael Ogunda.

The judge directed the permanent secretary in the Office of the Prime Minister, Dr Mohammed Isahakia, and the Attorney General to file their responses to the constitutional issues raised in the application.

She gave them seven days to answer the allegations that the government suspended Mr Miguna irregularly.

“We have received a detailed answer to the issues raised by the plaintiff in this case (Miguna). We need time to file affidavits and annexures. Allow us to do so within seven days,” principal state counsel Caroline Oyula asked court.

Ms Oyula admitted that the suit documents were served in the Attorney General office on August 11.

“We embarked on the process of seeking instructions from the defendants. We have managed to secure answers and we are ready to take on the plaintiff,” she told the judge.

Mr Havi said the respondents were served with the court papers 13 days ago.

“They should not be allowed to seek adjournment. If the court is inclined to grant the state’s plea, then grant the orders we are seeking,” he submitted.

In her short ruling, Justice Karanja said: “I grant the plaintiff leave to challenge the governments decision to suspend him. I further direct the prayers seeking stay be heard during the full hearing on September 6, 2011.”

Mr Miguna is demanding at least half of his Sh584,000 monthly salary plus allowances while on suspension.

Uganda: Kenya, Uganda to Jointly Police Migingo
Mary Karugaba
24 August 2011
KENYA and Uganda have signed an agreement to jointly police the disputed Migingo Island as a survey of where the tiny island falls continues.

The agreement was signed yesterday by the Police chiefs of both countries after a half-day closed meeting at the foreign affairs ministry offices in Kampala.

The Inspector General of Police, Maj. Gen. Kale Kayihura, led the Uganda team while the Kenyan team was led by the commissioner of police, Mathew Iteere.

According to the agreement, each country will deploy 12 police officers to beef up security on the island.

The island is estimated to be holding about 600 people, but according to international policing standards, the deployment should be 1:500. This means that each of the two countries needed to deploy only one police officer.

Iteere said the Kenyan government would deploy immediately. The two chiefs, however, declined to comment on the preliminary findings of the technical team regarding the location of the island.

“Our mandate stops at implementing Article 9 of the joint ministerial communiqué signed in July 2011. On who owns what and where, I request that the question be put to the technical people,” Iteere said.

The joint policing means the two countries will jointly maintain law and order on the island, establish a joint coordination mechanism and set up a joint coordination centre. The countries will also set up joint patrols and crime prevention programmes.

Githu Muigai Nominated for Attorney General
Fred Indimuli
23 August 2011
It is only parliament that stands between Lawyer Githu Muigai and the office of the Attorney General. This is after President Kibaki and Prime Minister Raila Odinga nominated Muigai for the position replacing Amos Wako whose tenure expires on the 27th of August. The name has already been forwarded to parliament for approval. The two principals have also nominated Agnes Nangila Odhiambo and Edward Ouko to the offices of the Controller of Budget and Auditor General respectively.

Uhuru Seeking to Derail Devolution
Pheroze Nowrojee
24 August 2011
Uhuru Kenyatta is preventing the implementation of the most vital part of the Constitution – devolution. He is doing this by withholding the funds for the counties.

He says that he is withholding the money because that is one of the conditions laid down by the International Monetary Fund (IMF). Another condition is that the Minister of Finance shall be the sole person deciding on payments to the counties.

How has Kenya agreed to these conditions that give total financial power to one man, and one ethnic group, over all other Kenyans in the 47 counties? The IMF and every Kenyan knows that this is exactly what the new Constitution has prohibited and is guarding against. Is it possible then that it was the Kenyan team itself that asked for these conditions to be imposed, because it would benefit some of them and their ethnic group? Were Kenyans with influence at the IMF, but long out of office in Kenya, made part of the team for such a purpose?

Uhuru is the same person who when faced with personal danger to himself at The Hague complained loudly, “Sovereignty! Kenya alone must decide the trials.” Yet when faced with constitutional danger to Kenya at the IMF he did not say, “Sovereignty! Kenya alone must decide the counties’ money.”

Uhuru says the IMF has decided that the counties will not be able to manage the monies they get. This is for the Constitution and not the IMF to decide. The Constitution prescribes: “county governments shall have reliable sources of revenue to enable them to govern and deliver services effectively.” (Art.175(b)). This is what Uhuru has to comply with. The IMF condition is void. The treaty with the IMF may be law, but by being the law, like any other law, it is subject to Art.2(2), Constitution : if it conflicts with the Constitution, which it does, the treaty is void to that extent. Uhuru does not have the power to change this provision, nor to agree with the IMF to do something that conflicts with the Constitution.

Likewise, the IMF condition that it is the Finance Minister who solely decides on monies to the counties is also contrary to the Constitution. Allocations are matters for the Budget and Parliament, and not for the Minister by himself. Devolution is critical to a de-ethnicized, democratic and economically fair Kenya. But, contrariwise, what Uhuru is doing 1. prevents the new Constitution from taking effect in respect of the counties; 2. attempts to reverse the democratic gains of the new Constitution; 3. prevents democratic local government from taking root; 4. brings back unfair tribal domination by one group over all others; and 5. perpetuates dynastic control of Kenya.

All this violates Art.174, Constitution. This says devolution is to promote democratic and accountable exercise of power. It is to foster national unity by recognizing diversity. It is to give powers of self-governance to the people and to enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them. It is to recognize the right of communities to manage their own affairs and further their development, and to protect and promote the interests and rights of minorities and marginalized communities. It is to promote social and economic development in all the 47 counties and not just some of them, and to provide proximate and easily accessible and accountable services throughout Kenya. It is to ensure equitable sharing of national resources throughout Kenya, (not just in the areas which the President or Minister of Finance favours, nor to deprive any areas which they want to punish for not supporting them, nor to discriminate against any on an ethnic or other basis).

By being able to withhold moneys Uhuru defeats all these constitutional provisions. These were the major purposes of the long struggle for constitutional change. Uhuru is seeking to defeat this long struggle. Once devolution is in place, no President or Finance Minister will ever again be able to have one-man rule in Kenya like Kenyatta and Moi’s rule. Uhuru is seeking to bring back this type of rule.

This move against devolution reveals the true face of Uhuru’s 2012 campaign: it is to roll back the new Constitution and to return to the unchecked power and ethnic politics Jomo enjoyed from 1964 to 1978 and others from 1982 to 2002. Uhuru’s move against devolution is the most dangerous move against the new Constitution. All Kenyans must reject it. Loudly.

The writer is a lawyer.