from Judy Miriga

Folks,

Without fulfilling the Majimbo Governance (Federal) system of Devolution of Counties, and without the Coalition Government in the leadership of Kibaki and Raila valuing and respecting dignity of Public Mandate by being compliant to their Oath in Constitutional Legal and Security Policy requirement, Kenya will not be able to navigate from Social, Economic and Political Crisis which is currently inflicting Kenya.

Kenya’s Coalition Government activities has demonstrated to public and the world (Plain and Clear) that they do not care about public interest nor do they like the Constitutional Change. They embraced the corrupt and unscrupulous International Corporate theft and greed, a logical framework of hypocrisy to appease their illegal and unconstitutional creation of wealth from “Intellectual Property Thieving” of Public Wealth Resources. Public funds have been openly and criminally been misappropriated, public Taxpayer, land, minerals and water resources have been stolen, Public Revenue is not balanced to sustain Middle Class and poverty imbalances in the country, the leadership of Kibaki and Raila purposefully created insecurity and Civil Strife from their refusal to cooperate and provide responsible and dignified Public dialogue according to Public Mandate. They fear shifts which will affect their comfort zones. It is for the above reasons that we doubt if Kenya under leadership of Kibaki and Raila, are willing to deliver to Public in conformity to “Reality Plan of Action” for “Fresh Alternative to Eradicate Poverty” an essence basics for Security and Development.

Show Case:
1) Economic Crime Against Humanity through forceful evictions meant to create middle-class poverty situation to disparity, target victims of expansive homelessness of urban beggars who in the consequence are easily driven to early death-bed and private gangs from hopelessness

2) Mismanagement and Misappropriation of National Free Primary School Fees in the watch of Prof. Sam Ongeri where no action was taken even after a world’s complain and intervention

3) Investigation of misappropriation, theft and transfer of public funds in Foreign Ministry By Wetangula has been shelved by the Government and instead Wetangula has been rewarded for stealing public funds and was asked to resume his public office job without charges or report of findings

4) It is a serious offence, criminal and unethical by the Prime Minister Mr. Raila to accept and take public loan for “Kazi kwa Vijana” from the world-bank, transfer the money to other non-life-threatening, none urgent, unnecessary and unimportant usage and denying the explosive ballooning catastrophic phenomenon of youth joblessness for which the funds were intended, and having caught red-handedly and exposed, the funds were returned to World-Bank in a hurry. It is a crime because, although the funds were returned to the World Bank, the Loan still stands. The loan has still to be paid by Taxpayer even after the return. This does not make sense. This explains how corruption is ripe between World-Bank and Kenya Government and we must demand for answers. It is from this kind of exchange that Ponzi Scheme and Hedge Funding operates and we demand for United Nations security with world leaders to help investigate the matter for security of Kenyans and the rest of Africa. We fear World Bank, IMF, IGAD, IFAD, AfDB etc., are facilitating illicit, unscrupulous and corrupt International Corporate Theft and Greed in impoverishing Africa and this must stop.

5) Crime against marginalization and Sabotage of distributive public wealth to National Socio/Economic Elite on an unfair utilization faulting Mutual Common Interest for progressive development

6) Crime against Employment discrimination has reached toll-order out of control as a result of corruption, impunity and graft

7) Conspiracy of threats and Brain-drain that led to economic instability and plunder through Political marginalization and discrimination against public rights in unfair level playing field in the service to provide fair employment to all, inflated high cost of living, lack of needs and facilities, lack of securities and conditions to employments including Government leadership irresponsibility of preparedness to Draught, Hunger, Poverty and inability to curb against natural disaster and calamities

8) A conspiracy of Economic Crime to defraud, frustrate, belittle, abuse and intimidate Luo Community on baseless transformational Tribal discourse make-believe concepts behavior meant to marginalize Luo Cultural Heritage of their Dignity, Pride and Values into a lured circumcision ploy.

9) Crime against police brutality and extra-judicial assassinations

10) Crime against humanity through changing public mandate of the New Constitution to suit corrupt International Corporate Special Interest Cartels’ interest

10) Drug Cartels making a spoil of criminal injustices in the natural fabric of livelihood and survival of Kenyans

11) Crime against public interest are crime against humanity. Moi, Kibaki and Raila inclusively are guilty against these crimes unless proved otherwise. They are jointly in the crime over matters of the unfinished business of Economic Plunder by Corporate Cartels, that require urgent fix and resolve inclusively by the International Community of United Nations and World Leaders combined

12) People are not involved or engaged into plans by the Government that affect their livelihood and survival before any activities are implemented and taken as policy matters. This is illegal and unconstitutional, as they violate and abuse Human Rights.

For the reasons above and others not listed here, we must all, in our own individual standing and rights, unite and make a formidable force to fight much harder with all our strength, to demand for realistic justice through exposing all wrong doings to protect Africa and our Global united common interests. We must galvanize efforts to confront Political and Socio/Economic injustices before it is too late, and before things fall apart to complete hopelessness.

All good people of the world must stand together to help Kenya and the whole of Africa to stand firm and fight for our Freedom and Democracy against such injustices of African leadership with their network connections, Agents and Lobbyist, who are helping unscrupulous International Corporate Special Interest cartels from bleeding and drinking blood of African victims who became target of circumstances of economic selfishness and greed. It is such as this conspiracy of hypocrisy that provide Political correctness to injustices of manipulative governance that must be brought to an end urgently, so to secure dignity of survival and livelihood of people of Africa in conjunction with Partnership development Agenda of a balanced shared Mutual common interest for all………As things stand, and as can be seen, prospects are not good at all, situation is fairly fluid and dangerously hanging at tipping point ready to explode if left just a little longer.

It is at this point that, Leaders of the world should arrest this situation before it runs out of control……..and as it is, Kenya cannot go to election with a burden of serious unresolved grievous corrupt injustices of criminal baggage’s left on public shoulders. Election will therefore remain never to be free and fair, consequences of which will never be reversed to sanity. It is better it be resolved urgently now when the tiding can still be effectively put in control, unlike when it is out of control.

Thank you and and May God Bless us all.

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

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Kenya must respect independence of judiciary: Annan
By Yara Bayoumy | Reuters –

NAIROBI (Reuters) – Former U.N. chief Kofi Annan has urged Kenya to respect the judiciary’s independence, after political leaders condemned a Nairobi court ruling calling for the arrest of Sudan’s president.

Last week the Kenyan court ordered the government to arrest President Omar al-Bashir if he sets foot in Kenya, and hand him over to the International Criminal Court (ICC) in The Hague where he is wanted on genocide charges.

The decision, which came more than a year after Kenya failed to arrest Bashir during a visit, led Foreign Minister Moses Wetangula to call it a “judgment in error”. He vowed to appeal the court order and flew to Khartoum to contain the fallout.

The row comes as Kenya awaits a decision by the ICC on whether to confirm charges of crimes against humanity against six high-profile Kenyans, including two contenders in next year’s elections.

“I have a feeling people need to get used to the new system. You have a new system with suppression of powers, an independent judiciary, executive and legislature, and it’s new,” Annan told Reuters on the sidelines of a conference on national dialogue and reconcilation late on Tuesday.

“And so when the court asserts its independence, some people who are used to the old way of doing business still think it’s business as usual … I don’t think you can mix law, diplomacy, politics,” said Annan, who mediated an end to violence that left 1,220 people dead after Kenya’s December 2007 election.

KENYA “BOUND BY ICC STATUTE”

As an ICC member state, Kenya is legally obliged to cooperate with the court and its arrest warrants.

But the African Union (AU) has told its members to ignore the warrant against Bashir, on the grounds that the court is unfairly targeting African rulers.

On Monday the AU reiterated it would “comply scrupulously with the African common position on the respect of the immunity” of Bashir and other incumbent African heads of state.

“Kenya is a signatory of the (ICC) Rome statutes which is binding. I’m not sure even the U.N. can go and take a decision and tell member states don’t cooperate with the ICC, don’t cooperate with the Rome statutes. You signed it but ignore it,” Annan said.

Of the two Kenyan ICC suspects, former minister William Ruto and Finance Minister Uhuru Kenyatta, son of Kenya’s founding father, plan to run in the presidential election next year.

Legal proceedings could damage their chances and some obervers say they could ignite violence between rival ethnic groups, raising questions over whether the government will cooperate with the ICC.

“The Kenyan government should abide by its legal obligations. And in fact right from the beginning they have indicated they’ll cooperate with the court. I hope that commitment stands, regardless of which way the decision of the court goes,” Annan said.

At an earlier news conference, Annan dismissed fears of violence should an ICC trial go ahead, citing the example of the Balkans where “people are getting on with their lives” in spite of prosecutions of former leaders.

Annan said Kenyans wanted no return to the violence of the last elections. Annan’s mediation then brought together Mwai Kibaki, an ethnic Kikuyu, as president, and Raila Odinga, from the Luo tribe, as prime minister.

“The people of Kenya have changed and they’ve moved on and they want a society governed by rule of law, they want to fight impunity, they want to fight corruption,” Annan said.

“I think some of the politicians are behind the curve.”

Kenya: Inviting Bashir to Kenya Is an Affront to the Principle of Separation of Powers
John B. Osoro

6 December 2011

opinion

Developments following the High Court order to arrest the Sudanese President if he steps on Kenyan territory are a classic example of the differences between advocates of the old and new schools of international law.

The new school of thought transforms the world society from a system of sovereign states to a world union in which the United Nations protects human rights, punishes international crimes, and enforces its law against states and individuals.

The emphatic references to sovereignty of nations, national interest, and the possible adverse effect on regional and international interests portrayed the two governments as belonging to the old school in international law.

The Kenya Chapter of the International Commission of Jurists must have filed the case against Sudanese President on the basis of their belief in this new approach to international law, inadvertently sparking an unprecedented diplomatic row between Kenya and Sudan.

The ICJ was responding to an earlier request from the Registrar of the ICC asking member states to arrest the Sudanese President when visiting countries signatory to the Rome Statute.

Thus, Kenya should have done it when Bashir attended the promulgation of the Constitution ceremony in August last year.

Mr Bashir is wanted by the ICC for crimes against humanity and genocide.

His over-reaction to the High Court order arises from failure to appreciate fully the impact of ongoing political reforms in Kenya that emphasise respect of the principle of separation of powers among the three arms of government — the Executive, Judiciary, and Parliament.

Ideally, the Foreign ministry should have firmly informed Khartoum that court decisions in Kenya are independent of the Executive function and influence, and advise, thereafter, that the two friendly countries should explore alternative diplomatic engagements that would preclude Al-Bashir’s presence in Kenya.

The reaction of the Kenya Government to appease Khartoum by condemning the court order and, and in the same breath, inviting the Sudanese President to attend the forthcoming Igad Summit in Nairobi is, therefore, an unwarranted affront on the independence of the Judiciary.

A rejoinder by the Chief Justice during the diplomatic row that independence of the Judiciary must be respected was a timely intervention.

In any case, it is Kenya’s domestic policies that are meant to define the nature and purpose of its foreign policy.

Besides, Kenya is currently co-operating fully with the ICC by allowing its nationals to undergo the ongoing court process at The Hague regarding the 2007 after election violence.

Taking astride the recent High Court order would have been consistent with our established image and belief that certain offences are the concern of all states.

Former Israeli Foreign Minister Abba Eban once defined international law as the law, which the wicked do not obey, and which the righteous do not enforce.

Surely, Kenya should not be seen as disrespecting the law among states or to be a nation so neutral that it is unable to project its image abroad.

Whatever the reasons behind the issuance of a warrant of arrest by the ICC against the Sudanese President, Kenya has no reason to display the kind of panic it did following the High Court order.

What the High Court order attempted to stop is the wanton display of insensitivity by government towards international law as happened when Sudanese President attended the promulgation of the Constitution last year.

Finally, the heightened activity at Foreign Affairs may be indicative of failure of the ministry to examine, more intensely, the effect of the ongoing reforms in Kenya and how that impacts on this country’s foreign policy.

In the past, Kenyan leaders had a free hand to flout the law and arm-twist government officials and institutions to please foreign powers.

The Ministry of Foreign Affairs must now review its approach to external relations with a view to protecting and projecting our values as a people.

Mr Osoro works with the Centre for Policy Analysis, (osorojb@yahoo.co.nz)