Kenya: Clearance and Threshold proceedure is a Must to All Presidential Candidates including Public Servants

Folks,

The two Principles [Kibaki and Raila] in the Coalition Government both face Responsibility and Integrity dilemma. They both are looking at what will benefit them personally and avoid those that are to serve public mandate. They both have a high stake to answer charges at the ICC Hague when the case must be fairly judged. It is because they both must have played a role in ethnic clashes of 2007/8, and these are threshold that must go through a process required to pass the test where Kenya as a Nation can be ready for next election and truly look-forward to peaceful electioneering. They both were serving Special Interest Agenda where they both share in the cartel network for their self-interest and greed. They both have failed social critical justification as they have not individually responded to social allegations or deny support claims of the corrupt in public’s social domain concerns. This behavior is seen as negligence of public interest and abuse violating human rights.

Why Corruption, Impunity and Graft will not end when corrupt leadership Boot-Agents are in the fore as master planners for public resource theft:

Wetang’ula, who was edged out of the Foreign Affairs docket over a scandalous multi-billion embassy tender, is back in the Cabinet supported by Raila and Kibaki while MPs in the Parliament resist his return and insist he is yet to be cleared. Audit report from the Auditor General’s office who claim to have cleared or interpreted to have exonerated the minister, failed to describe his role in the scandal where taxpayer lost millions of shillings in Japan Ambassador’s housing saga.

The Okemo’s unfolding events of corruption and money laundering case against him in Jersey is not yet cleared, is still in Public Office. Prof. Sam Ongeri with matters for Free Primary Education mismanagement and scandal is still comfortable holding public office backed by Kibaki. Amb. Bethwel Kiplagat with serious scandal and public expressing dissatisfaction about him being nominated by Kibaki in the Tribunal is back in public office against public refusal that he should keep off until he is investigated hit a snag. These and many other episodes show Kenya will not have a peaceful election while the two principles Kibaki and Raila with their agents are hovering to control political landscape and Kenya is not going to be safe.

Public Officer Ethics Code and the Economic Crimes Act alongside several other related legislations already enacted are enough to hold those corrupt with impunity or are faced with suspicion of Graft, should facilitate the vetting even in the absence of a parliamentary legislation on leadership and integrity. But now that Ethics and Integrity Bill is in the process, no cases should be left pending or delayed.

Chapter Six is strong enough to put cases such those of Uhuru and Ruto out of Public institutions. These two are facing some of the most serious international crimes that may dent their credibility,” as Aukot commented earlier. There are fears that MPs faced with such integrity tests may conspire to water down and delay the Devolution of Counties and Finance Bill as well that are before the Parliament. There are evident fears that, by the time the Bills are out, they will not be strong enough to provide for the Public Mandate effectively according to the National Reform Agenda Accord.

the IEBC will have a challenge because the threshold is hard to determine. But our greatest fear is that the Bill may not be strong enough when it comes to Parliament as individuals with vested interest could conspire to undermine it,” said the Githunguri MP.

The Advocates’ Disciplinary Committee secretary Apollo Mboya said his committee has been struggling to recover money from Kajwang’ to compensate an aggrieved client. Naivasha’s Mututho is facing a Sh40 million corruption case while Mbuvi has also been battling court cases. Jackoyo Midiwo is a disgrace, dysfunctional and completely irresponsible. He is someone who works both on the scene and behind the scene who engages all network of dirty tactics of “It is Our Time To Eat” and he is believed to be the right hand of Raila Odinga.

The two principles rely heavily on their cartel network agents who connects to their boot-soldiers who conspires to manipulate public through intimidation and threats using police and organized thugs to terrorize innocent public so they can have their way as illegal and unconstitutional without a hue, or silent people from complaining or questioning social justification, ethics or concerns.

Public funds, Loans with other International NGO’s and UN fundings find their way elsewhere and do not do development Agenda they were intended to do, or fizzle down to the grassroots as intended.

The International Corporate Special Interest Business Cartel Network:

There will be no Free and Fair Electioneering in Kenya without a repeat of 2007/8 clashes incase both Principles do not face ICC Hague threshold for justification of 2007/8 Election gone bad.

Kenya will not safely realize the Implementation of the New Constitution because the International Corporate Special Interest Business cartel have a hold of Policy Determination over their corrupt deals with the two principles. It is the reason why, stakeholders are not engaged in any investments taking place. It is the reason why loans from World Bank/IMF with other donors earmarked as poverty funding, draught funding, environmental and health funding disappeared into private accounts of the greedy Special Interest politicians shared as looted public taxpayer are shared with the International Corporate Special Interest Business Cartels network. This is why, implementation of Counties with Finance Bill will continue to pose problems in Parliament until Special Interest caption is included against Public Interest. These public finances are unscrupulously, illegally and unconstitutionally shared within linkages of the special interest cartel network, outside and against Public Mandate interest.

The two Principles’ {Kibaki and Raila} vested interest priority is self greed and exploitation of public wealth and resources. They both lack the necessary skills or talent for good leadership because they are not willing to engage professional think tank or the educated to provide workable informed ideas to improve progressive development agenda that which is able to benefit all stakeholders in a shared Mutual common interest amicably. They both stand on the way and block shared ideas that is capable to bring Peace, Unity and generate Love for sustainable development goals able to benefit equitable agenda for growth and expansion.

The unscrupulous Corporate Special Interest Business cartel network use such leaders of the Kibaki’s, Museveni’s, Kagame’s, Al-Bashir’s, Zenawi’s and Raila’s to block Africans to access Africa’s wealth resources to challenge and compete fairly and favorably in the Emerging Market except clear avenue for their cartel network at the Global Market exchange. This is why Kenya, East Africa with the rest of Africa has remain poor. This is unacceptable and things must change.

Good Leaders of the World

Africa is the HUB and the backbone of livelihood and survival of all people of the world. Africa cannot be left in the control of a few unscrupulous selfish greedy people who care the less for Human Rights. Life must change for better under fair Mutual common interest of all. With virtue, respect and value for Human Rights, all human kind will have a fair share to access public wealth and resource, and will strive to live a respectful, valuable and honorable survival without discrimination, intimidation, terrorization or fear.

Responsible Leaders in the world have established that crimes which involves corruption, impunity and graft are the reason for Euro-zone Economic Crisis. These unscrupulous International Corporate Business Special Interest Cartel network are the reason the whole world’s economy is in turmoil. Public Funds in the Euro-zone through World Bank and IMF with other UN Funding Agencies and NGOs have been transferred to serve the unscrupulous Corporate Special Interest network through the cartel network agents of Chinese and Indian investors in Africa. Before the whole world grind to a halt, this behavior must be stopped and all these corrupt leaders must immediately face legal justification to bring the Emerging Business of the Global Market Region’s house in order.

African lives in different case-scenarios are consumed daily like animals driven to slaughter houses, so the unscrupulous Corporate Special Business Interest in Africa to flourish and prosper is unimaginable. This behavior is why Congo, Tanzania, Kenya, Rwanda, Uganda people and the whole of South Africa are under siege in excessive poverty, pain and sufferings. This is not the will of God and purpose for Creation. Let us all value life and do things differently for the sake of human rights.

The attachments and episodes are self-explanatory, connect the dots…….

We look forward to Leaders of the world to urgently help save a situation from these looming catastrophic -sad-state-of-affair. If Africa collapses, the whole world will collapse…..and this should not be left to happen.

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA

http://socioeconomicforum50.blogspot.com

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Post-election violence continuing across Kenya – 28 Jan 08

Uploaded by AlJazeeraEnglish on Jan 28, 2008

The western Rift Valley has been the site of Kenya’s latest deadly clashes.

In the provincial capital Nakuru, more than 60 people have been killed in the last three days.

And in nearby Naivasha, gangs armed with machetes have been attacking rival tribe members.

Former UN Chief Kofi Annan’s still trying to broker a deal between the country’s rival leaders, but as Mohammed Adow explains, he’s not having much success.

ugly face of tribal violence.mungiki v taliban

Uploaded by juicethedj on Jan 14, 2008
last prayers being at the place at the wrong time

Kenya – Hacked to death by panga in front of film crew

Uploaded by JomoKitale on Jan 28, 2008
Broadcaster: AfriSat Satellite TV service
Broadcast Date: 28/01/2008 Evening news
Origin: SBS Australia World News Service

Compare how the rest of the world reports our Kenya crisis.
To view all the different broadcasts from around the world in one easy and quick playlist, go to my profile page and click on the link below or “play all” in the playlist box.

Reports from USA United Kingdom Australia France Germany and Aljazeera all in one convenient place. Updated regularly.

Kibaki: Kenya will go to polls in 2013

By Standard Reporter

President Kibaki has clarified that the General Election will be held in 2013, hours after apparently suggesting it would be held this year.

Updated at 1100GMT

President Kibaki has announced that the General Elections will be held this year in what puts to rest the debate on the election date.

The announcement gives the Independent Electoral and Boundaries Commission (IEBC) green light to plan and announce when the country should elect new leaders.

Pressure has been mounting for the two coalition principals—President Kibaki and Raila Odinga to fix election date.

Early in the year a Constitutional Court ruled that Kenya must go to the polls in March 2013 or alternatively, December 2012 if President Kibaki and the PM agree, in writing, to dissolve the Grand Coalition Government.

The move by the court left everybody speculating over when the election will be held and resulted in tension among citizens, panic among foreign investors and wrangles in the coalition government.

On Thursday US Under Secretary for Political Affairs Wendy Sherman joined the elections date debate urging the Kenya leadership to make a decision on the election date.

Ambassador Sherman who arrived in the country on Thursday evening is scheduled to meet with senior government officials in Nairobi to stress US interest in peaceful and transparent elections as well as continued implementation of the constitution.

“The matter on the election date is purely a Kenyan decision to make. They (Kenyans) should remain committed to the constitution to avoid a return to the violence that was witnessed in the last general elections,” said the US official when fielding questions from journalists.

The delay in making a decision on the date of election has caused anxiety among Kenyans.

Prime Minister Raila Odinga added to the confusion when he told parliament last month that the decision was ‘too huge’ to be left in the hands of the two principals.

47 percent Kenyans favour female presidential candidate

By Rawlings Otieno

A majority of Kenyans have indicated that they would vote for women candidates in various positions in the next general election.

According to a survey conducted by Infotrack, 82 per cent of the respondents said that they would vote for women candidates with 47 per cent favouring a woman president.

This is a slight improvement from a previous survey conducted by Infotrack in August last year where 80 per cent of the respondents indicated that they have no problem in voting for a woman candidate.

While releasing the results on Tuesday at a Nairobi Hotel, Infotrack CEO Angela Ambitho said that more Kenyans were satisfied with a woman for the position of Governor as compared to men.

The survey was conducted from February 5 to February 8, 2012, face to face samples of 2400 respondents across eight regions in Kenya.

The polls come one day before the world marks International Women’s Day on Thursday.

Men seeking positions of Constituency representation have been put on notice, if the survey conducted is anything to go by.

According to the survey, 77 per cent of the respondents indicated that they would vote for women as members of parliament, while 63 per cent would vote for a woman governor.

Another 72 per cent would vote for a woman for a County representative and 99 per cent would vote for women representative respectively.

The survey also showed that Kenyans were more inspired by women in the political arena and were more convinced that women were better managers, hardworking and principled.

Women have organized a peaceful walk from Uhuru Park to sensitize the public on the need to educate the girl child and provide equal opportunities to both boys and girls education.

According to the survey, 84 per cent of the respondents mentioned that they would treat their girl child just as the boy in education matters.

The theme of this year’s event is ‘Connecting Girls, Inspiring Futures” has been widely used by hundreds of organisations including schools, universities, governments, women’s groups and the private sector.

The survey also placed presidential hopeful and Gichugu legislature Martha Karua as the most inspirational women politician in the current parliament.

According to the survey, 61 per cent of the respondents said that they have been inspired politically Karua citing her boldness, principled and purpose driven.

Water and Irrigation Minister Charity Ngilu followed Karua at 11 per cent while the late Nobel Laureate Wangare Maathai at 8 per cent respectively.

Other women who were mentioned to be most inspiring include Ida Odinga, Ministers Beth Mugo, Naomi Shaban, Esther Murugi, Housing Assistant Minister Margaret Wanjiru and MPs Millie Odhiambo and Rachel Shebesh.

The government was also not spared in the manner it has implemented gender parity in public offices appointments.

The survey indicated that majority of Kenyans at 63 per cent were of the view that the government was committed to promoting gender equality and empowering women.

Those who felt that the government was yet to fully implement the one third rule in elective positions were found to be at 30 per cent while those in support of the government’s efforts were at 42 per cent.

IEBC decision moves country closer to poll

When you have got an elephant by the hind leg, and he is trying to run away, it is best to let him run.
— Abraham Lincoln

In the words of Electoral Commission Chair Ahmed Issack Hassan: “Proposals from Parliament ought to have been on general principles rather than actually creating additional wards. This is the commission’s mandate … review of the names, number and boundaries of wards.”

Mr Issack goes on to say: The provision of Article 89(3) of the Constitution vests the mandate on the commission,” and sets the stage for two crucial steps to elections – voter education and registration.

He was speaking after the Independent Electoral and Boundaries Commission set the ball rolling in the preparation for the first elections under new Constitution.

And in so doing, his commission left one minister the star of the constitutional show, namely, Mutula Kilonzo, who is also Minister for Justice and Constitutional Affairs.

LETTER AND SPIRIT

Mutula has often found himself on the wrong side of colleagues whenever he interprets the new Constitution. Mutula has often found himself standing alone while the majority remain marooned.

For instance, he urged Parliament to accept the originally proposed electoral boundaries and desist from dragging the matter through the corridors of justice. Did they listen? No!

MPs sent the Andrew Ligale-led team’s report to Parliament’s Justice and Legal Affairs Committee that recommended the increase of County Assembly wards to 1,560; up from 1,450.

Effectively, each MP in the committee reportedly cannibalised certain areas of their new electoral units and took that opportunity to carve ‘out’ hostile clans to neighbouring regions. This is not in the letter and spirit of the new Constitution.

The final hurdle to the national voting was removed with the publishing of the final 290 units within which parliamentary constituency and Senator and County Assembly seats will be fought. And since it is impossible to satisfy everyone and accommodate each Kenyan’s choice of name for constituency or ward, the IEBC rejected the proposed additional 110 wards MPs had added to the proposed commission list.

Like a prominent Kenyan once said: “There is enough for all our needs, but there is not enough to satisfy all our greed.” He was paraphrasing Indian sage Mahatma Gandhi.

The IEBC had to take a bold decision given the anxiety with which Kenyans locally and abroad are awaiting the first General Election under the new Constitution.

They had to navigate through “polarising opinions, misconception, and high (often unrealistic) expectations to come up with what may satisfy most of the people”.

They clearly read malice aforethought, vested interest and steered clear of stoking those particular embers. The first step was to set aside the amendments the parliamentary committee had made. That is why Hassan reminded his colleagues that theirs were mere proposals. No more.

The IEBC, after minimal tinkering with the initial delimitation has indeed put out advertisements for electoral materials in sections of the Press. That means voter registration might be announced soon and countrywide voter education commence.

DISSOLVE COALITION

The only other pending matter is determination of the actual voting day. One has to do with Parliament’s self-dissolution in January next year, followed by election three months later. Another depends on when the principals to the National Accord, President Kibaki and Prime Minister Raila Odinga dissolve the Coalition Government.

The path to be followed after each of these is fairly well mapped. And all wananchi asked for was a shouting chance to help determine development priorities. But first electoral areas had to be determined. Let’s hope there will be no more people disregarding Abraham Lincoln’s advice. Just let the elephant be.

Ocampo lays ground for showdown at full trial

By WAHOME THUKU

Outgoing International Criminal Court Prosecutor Luis Moreno-Ocampo has set the stage for a showdown with four high profile Kenyans fighting committal to full trial for crimes against humanity.

Moreno-Ocampo on Wednesday filed his response to the appeals lodged by the four, who are clustered in two separate cases, with the ICC Appeals Chamber.

The prosecutor, whose term ends in June, is asking the five judge-Bench to send the cases against Deputy Prime Minister Uhuru Kenyatta, former Head of Public Service, Francis Muthaura, Eldoret North MP, William Ruto, and Kass FM head of operations Joshua arap Sang to the Trial Chamber.

That application if granted could have grave consequences particularly for Uhuru and Ruto, who are in the race to succeed President Kibaki. It could mean the General Election might find the two facing full trial at The Hague. This could complicate their presidential ambitions.

It could just be the breaking point in their quest for president, as it could be argued, assuming they lose the appeal against full trial, they would have to wait until the judgement is delivered.

So far 14 cases, all from seven African countries, have been taken before the ICC. Four of them with 10 suspects have reached the trial stage. None of the trials has started earlier than a year after the confirmation of the charges.

A full trial in the Kenya cases would thus find Uhuru and Ruto either in government or outside as ordinary citizens — depending on how their individual political ambitions will turn out. The new Constitution does not create a soft landing for presidential race losers.

The four suspects are facing charges of crimes against humanity, arising from the 2007-2008 post-election violence.

Two judges of the Pre-Trial Chamber confirmed the charges on January 23. One judge, Hans Peter Kaul, dissented holding that the threshold of an “organisation policy” in the violence was not established in the two cases.

Uhuru and Muthaura have filed a joint appeal while Ruto and Sang have filed the second. Each of the groups has filed four main grounds of appeal.

Uhuru and Muthaura argue partly that the Pre-Trial Chamber that committed them to full trial erred by adopting incorrect interpretation of the term “organisation and by considering Mungiki to be an organisation under Article 7(2)(a) of the Rome Statute.

judges error

The have challenged the court over the conclusion that Party of National Unity youths were part of the Mungiki sect members used to commit retaliatory attacks in Naivasha and Nakuru in 2008.

Their point is that for a private entity to be an organisation, which is a structured entity complete with chain of command, under the Statute it must have State-like characteristics such as territorial control.

Ruto and Sang are also challenging the Pre-Trial Chamber’s decision on the definition of the organisation they allegedly led which in the Pre-Trial hearing was referred to as “the network”.

They argue that the chamber erred in finding that the so-called ‘network” of Orange Democratic Movement leaders and other personalities allegedly headed by Ruto was an organisation under the law.

Moreno-Ocampo has responded in equal measure describing the twin appeals as lacking merit and seeking a leap into the full trial. He says the issues they have raised would be determined as they anchor his case against them.

In the response signed and filed on Wednesday, the prosecutor says the appellants had failed to show any error in the reasoning and finding of the Pre-Trial Chamber worth intervention of the Appeal Chamber.

“The appellants’ arguments that the concept of organisation and the purported insufficiency of evidence adduced by the prosecution are not jurisdictional issues and should be decided at the trial,” he says, defending the Chamber’s findings as the correct interpretation of the law.

He argues the chamber had adopted the correct interpretation of the Statute when it ruled that private groups can constitute an organisation under the Statute and that the precise structure of the organisation will depend on the facts of the case.

“The finding that the Mungiki was an organisation under the Statute is consistent with the prosecution’s submissions,” he submitted.

trial matter

Moreno-Ocampo says the issues of whether Mungiki qualifies to be called an organisation is one of statutory interpretation, and does not relate to the authority of the court to hear and determine the cases; hence it should be raised at the trial.

He says the Pre-Trial Chamber was right in finding that Mungiki was an organisation with capacity to commit widespread or systematic attacks on civilians.

He says the court’s finding was that PNU youths recruited into Mungiki became part of the organisation for committing the crimes.

Moreno-Ocampo argues that the appellants had failed to demonstrate the existence of any “reversible error” in the ruling and the grounds of appeal should be dismissed.

“An appellant is obliged not only to set out the alleged error, but also to indicate with sufficient precision how the error would have materially affected the decision,” he submits.

party objectives

Ruto and Sang argue that if the ‘Network’ in their case comprised eminent ODM representatives, the court should have found that it was purely for achieving the party objectives and not for punishing the PNU followers as the prosecution asserted.

But Moreno-Ocampo maintains that evidence produced in court, including that of purchase of weapons, transportation of perpetrators to target areas, and establishment of scheme for paying them was not a pro-ODM political objective.

“These are actions clearly directed at a policy to carry out attacks against a civilian population,” Moreno-Ocampo submitted.

“After a thorough assessment of evidence the majority (of judges) found that the Network had responsible command and established hierarchy, with Ruto as the leader and that it possessed the means to carry out widespread or systematic attacks against civilian populations,” he went on.

He also dismissed claims that the judges relied on anonymous witnesses to get to the conclusion, saying the court had a right to do so at the confirmation stage.

Moreno-Ocampo says the Pre-Trial Chamber had correctly found that the case fell within the jurisdiction of the ICC. He wants the suspects compelled to raise their issues at the trial itself

APPEAL JUDGES

Since last month the parties have been dealing with the applications by the four suspects for permission to appeal and for suspension of the Pre-Trial Chamber ruling.

Five judges would determine the appeal: Akua Kuenyehia, Sang Hyun Song, Judge Erkki Kourula, Anita Ušacka, and Daniel David Ntanda Nsereko. The judges may make their decision based on the paper work filed before them or by asking the lawyers to appear in court and make oral submissions.

Should the case go to full trial, the suspects may never face Moreno-Ocampo again as he is set to retire. His replacement Ms Fatou Bensouda will, however, be a force to reckon with, as she was instrumental in the confirmation hearings.

Is Kibaki under a secret ICC probe?

By VITALIS KIMUTAI and ALEX NDEGWA

If a leaked document, allegedly from the UK administration, is to be believed, President Kibaki is under a secret probe by the International Criminal Court, and could be indicted on retirement.

The documents, which caused outrage in Parliament, also casts a picture of Britain advising International Criminal Court that arrest warrants against Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto, who have already been committed to full trial, would diminish their chances “of… ascending to State House”.

The letter is allegedly copied to someone called Kanbar Hossein Bor at The Hague and 17 British government officers in London, Nairobi, Washington, New York, Sudan, DfID offices, Brussels and Somalia.

The dossier, allegedly circulated by the British Foreign Office, and purportedly written by Chloe Hamborg, head of Horn of Africa Strategy Team, hints that a decision could have been reached that the arrests warrants for Uhuru and Ruto, who are in the presidential race, be released in the next two months.

Last evening, the British High Commission Press officer in Kenya, Mr John Bradshaw described the allegations in the report dated January 27 and February 6, as preposterous.

An annexure in the report is attributed to UK former envoy to Kenya, Peter Tibber.

“Following the confirmation of charges by the ICC of four Kenyan suspects alleged to have masterminded Kenya’s 2007/2008 violence, we expect the ICC to issue arrest warrants in the spring,” says the report.

In what could lead to frosty international relations, the UK Government also appears to favour Prime Minister Raila Odinga succeeding President Kibaki at State House.

“The arrest warrant would assist the ongoing investigation of President Kibaki. It would diminish the chances of Uhuru Kenyatta and William Ruto ascending to State House. It would increase the chances of Kibaki being indicted as a former Head of State,” reads the document in part.

Heated debate

A further hint that UK is privy to a guarded investigation of the President, if the dossier, which the British High Commission in Kenya declined to comment on “because as a policy we do not comment on leaked documents,” came in another line: “Our advice is that Ministers (UK) do not push for a communication from ICC on the ongoing investigation of President Kibaki.”

Yatta MP Charles Kilonzo touched off the heated debate in the House when he tabled the leaked document.

Disputing Foreign Affairs minister Moses Wetangula’s assertion that UK Foreign Secretary William Hague recent visit was to “cement relationship” between the two nations, Kilonzo claimed it was a “conspiracy by a friend to stab us in the back.”

Kilonzo read out the opening statement in the letter: “Following January’s confirmation of charges by the ICC of four suspects alleged to have masterminded Kenya’s 2007/08 post election violence, we expect the ICC to issue arrest warrants in the spring.” He added spring “supposedly refers to April.”

Kilonzo then told the House of how that was to be done, quoting the document.

“All indications are that ‘Ocampo’s guests’ (Uhuru and Ruto) are likely to be a strong team in the elections and we should push for their detention during the mention of the cases on the pretext of threat to security.

“The arrest warrant would assist the ongoing investigation of President Kibaki. It would diminish the chances of Uhuru Kenyatta and William Ruto ascending to State House,” he said. “It would increase the chances of Kibaki being indicted as a former Head of State,” it concluded.

Wetangula questioned why the MP was being allowed to read excerpts of a document whose authenticity was yet to be determined.

Deputy Speaker Farah Maalim initially stated it had not been signed, but cleared it upon further perusal.

Kilonzo told the House the letter leaked because there were divisions in the UK government and House of Commons over the matter. The MP then read sections of the letter he claimed depict the real intentions of UK Foreign Secretary Mr William Hague in his recent visit to Kenya.

“With Kibaki himself now feeling vulnerable following the confirmation of both his closest adviser (Mr Francis Muthaura) and his most likely successor (Uhuru) as ICC guests, he is retreating further into his comfort zone of passive rule, letting a group of hardliners advise him on issues like the ICC,’’ ran the dossier.

Conspiracy

“Neither we, the US nor more moderate advisers have an easy way of accessing him. We are trying intermediaries. First, we need to send William Hague as the high ranking diplomat to President Kibaki,” it said, unmasking the unstated reasons for Hague’s visit to Kenya.

Kilonzo added: “The visit was not in good faith. It was a conspiracy.”

He posed: “Is the British Government a friendly state? Is it a process to bring down the Kenyan government?” posed the MP.

Turkana Central MP Ekwe Ethuro said the letter also suggested the ICC President would be roped in the conspiracy. Isiolo South MP Abdul Bahari asked Wetangula whether Kenya would consider severing diplomatic ties with the UK.

Deputy Speaker Farah Maalim, however, halted debate on the matter, citing the Standing Orders that require that a substantive motion be issued first before adversely discussing a friendly nation and its representatives.

Maalim added that such a motion required a three-day notice. Begot MP Charles Keter rallied members to reject a motion to extend sittings of the House to conclude House business.

The import of the rejection is that it aborted a scheduled motion to adjourn the House until April 10. The House resumes sittings next Tuesday and apparently members are determined to press on with the matter.

Ikolomani MP Bonny Khalwale read a section of the letter quoting UK officials lamenting Raila faces hurdles to the presidency.

“It is unlikely for him to make it without our support,” Khalwale read from the document.

Khalwale added the letter cast aspersions against the Speaker, who is reported to have had a conversation with the UK official who interpreted the Speaker to have been suggesting a possible General Election as early as December.

“We consider this a big blow to Raila’s candidacy, since he is seen as having compromised the ICC cases. The memory will be fresh on the confirmation of charges. It is unlikely for him to make it without our support,” Khalwale cited the letter.

Quiet investigations

Nominated MP Mohammed Affey said the fate of four Kenyans at the ICC was sealed and the “Foreign Affairs minister should institute a process of removing us from the ICC.”

The British government also wants the investigations of President Kibaki to be conducted quietly without communication from the ICC.

“With the current division in the UK government and the European Union at large, the details are likely to reach President Kibaki and the political players in Kenya and AU,” the statement says.

It further states that although Uhuru and Ruto had stepped aside from their positions, they remained influential politicians in Kenya.

The officers feared if the document leaks, Kenya and the AU’s resentment towards the ICC could increase and entrench division in the United Nations Security Council and the International Community.

Britain suggests that aid through DfID is increased to further her local interests.

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