From: orina Nyamwamu
Date: Tue, Sep 29, 2009 at 10:00 AM
Subject: Attempts to malign Omtatah regrettable

I have followed the debate as to whether Nd. Omtata should withdraw the matter in court on the legality of RIngera’s reappointment or not.

What has shocked me is that there are Kenyans who have gone to town asserting that Omtatah has or is to be given money if he keeps the case in court. It is believed that the courts will rule in favour of Ringera’s re-appointment by Kibaki and therefore secure his stay at the helm of KACC. So Omtata has been bribed to keep the matter in court for Ringera to be installed permanently at the KACC vide the reappointment.

I find this assertion by a Mr. Koliech on the internet but indeed as I have heard from other colleagues on the Nairobi street and the movement in the civil society very disturbing and dangerous.

I have had to now give my personal statement on this to say that I find this malicious accusation against Comrade Omtata unfortunate, cowardly, sad and dangerous.

While I personally have requested Omtata to withdraw the matter and I respect the fact he holds a contrary and reasoned view, It is dangerous and cynical to personalise a matter that Omtata took to court with others and to indeed use this as an opportunity to try to assasinate Omtata.

During Moi’s years in power, the easier way to destroy a colleague who held a different view from yours was then to simply say that he was a KANU mole who had eaten Ugali at state house. This way of discourse or working against discourse is dangerous.

In 2004, NCEC led by Rev. Njoya filed a case before the court demanding that the constituion be negotiated and written by elected delegates of the people at a Constituent Assembly and the same be ratified through a referendum. A certain political wing of NARC labeled NCEC and Rev. Njoya a traitor who was working against Bomas and the people’s constitution. They went to town with rumors that people had been given money etc to keep the case in court.

In the end the court granted the Referendum and said that Bomas although not a constituent Assembly had already done the work and therefore the constitution Draft Must be subjected to the referendum to get the seal of approval from the people of Kenya. That is how the Wako Draft was defeated by the people at the referendum of 21, November 2005.

I strongly condemn attempts by people who for lack of strong and plaudable arguments resort to character assasination.

How do you guys maligning Omtata think you are going to gain by attacking one of our most gallant Human rights activists? Why don’t you differ with Omtata and state your opinion any way without descending to the levels you currently have descended to?

Cyprian Nyamwamu

From: Okiya Omtatah Okoiti
Date: Tuesday, September 29, 2009, 2:21 PM
Subject: Re: WHY KENYANS MUST STOP JUSTICE RINGERA GOING DOWN WITH KACC

Mwangi Wa Nyambura: You make a brilliant argument, but you spoil it with the last paragraph. It is precisely because of impunity that we have IDPs, Mau, PEV, Corruption, etc. And that impunity is because we have rubished the constitutional controls, checks and balances that the doctrine of separation of powers ensures. And you are spot on that MPs have been sleeping on the job by not curing, through legislation, the law that allows the President to virtually appoint all judges, making the Judiciary a tail of the Executive not an equal.

@ angaluki: Your opening misses the debate by far. The committes only deal with subsidiary legislation – where ministers place their proposed action (through ministerial policies) before the committees for 30 days for approval. And that is legislation. Now, a gazetted legal notice is not subsidiary legislation; it is not a proposal but an outcome. Hence, just like Parl;iament cannot convert into a court to try a murder suspect, it cannot do the same to declare a gazette notice illegal. The words ‘illegal’ and ‘annul’ are language for the courts of law.

Parliament is not greater than the other organs. For example, the courts can strike out a law made by Parliament if they interpret it to be against the the Constitution of Kenya. Equally, the courts can annul an executive order if it is inconsistent with specific laws and the constitution.

What we should read from parliaments actions is that they rightly fear going to the courts against the executive because they will not get a fair hearing.

But guys you both make very brilliant and quotable observations.

NB: If the courts don’t annul Ringera’s second term then he is entitled to Kshs 150m termination fees.

Thanks.

Omtatah

From: “angaluki@ . . .
Sent: Monday, September 28, 2009 5:52:17 PM
Subject: Re: WHY KENYANS MUST STOP JUSTICE RINGERA GOING DOWN WITH KACC

Wa Nyambura,

You got the whole interpretation of separation of powers wrong. Your point of departure should be the question, “What is the role of parliamentary committees?” After that, you need to understand that it is not Parliament that disapproved of the re-appointments, but parliamentary committees, although this may have been or may be debated by Parliament. I think we tread on very delicate grounds and we risk creating very dangerous precedents when we approve actions of impunity by those we support, and only find fault with exactly the same actions when perpetrated by those we oppose. If we hope to build a culture of the rule of law, we must be willing to recognize wrong as wrong, whether it is perpetrated by those we support or oppose. Otherwise we lose moral authority to criticize those we oppose for doing what we approved when it was done by those we support, and in the process promote selective justice.

AM

From: mwangi
Sent: Mon, Sep 28, 2009 3:36 am
Subject: Re: WHY KENYANS MUST STOP JUSTICE RINGERA GOING DOWN WITH KACC

Let me throw spanners to the works on this issue for Ringera.

For starters ,parliament is the supreme law making body of any democracy.It does not give effect to the laws they make but to the executive to ensure the laws are implemented.When the executive does carry out such execution wrongly they are stopped by the courts which interpretas what the intention of parliament was in coming up with the law .Hence the whole issue of seperation of fuctions of this three arms of the goverment..

In this charged debate of Justice Ringera ,Parliament made the law on its composition,appointment and reappointment of its top organs.In effecting the law as mandated by our constitution the executive in its wisdom or lack of it interpretated it had power to reappoint.Parliament said no and argued that the executive erred in its interpratation of that law.However ,and my point of departure ,parliament interpretated its own laws leaving the judicially out on this matter which by law is the institution that has the mandate to hear any disputes emanating from the abuse of power from the executive.Whereas we are commending parliament for rediscovering their power should we forget that its them that crafted the bad law that now pits the three arms of government? What if parliament tomorrrow legilsalate to make the parliamentarians life members of parliament.Will they be in order ?What am saying is that if we fight for constitutio nalism it must be practised by all institutuions including parliament.Remember in parliament debates not all the 220 members get opportunity to “get the speakers eye “hence debate is not on many a times evenly debated as opposed to the courts where all the parties get a fair hearing.

If our parliament tells us our Judicially is incompetent ,who has the power to make the right chages but them by ensuring that they put the right mechanisms of appointing judges.That they have not, means that they have not done their job well either.Let me ask where are we to get the “good judges” since we believe any one in those positions will be corrupt.How many judgements that have be pronoused that are against the executive?

Lastly,Justice Ringera has on many occassions said withiout prosecutorial powers his body will achive little.It’s parliament that has refused to give him legal powers to prosecute yet they claim Kacc has not done well in its mandate.Thats hypocricy of the highest order.Many of the parliamentarians are the crooks that are being investigated hence the heghtened interest they have on the matter .Its not for the comon good of Kenya but self preservation.Which is more serious to deal with Ringera issue upto to thedead of the night or deal with drought.idps ,Mau?Unfortunatly we have fallen for the gimmicks of the politicians and once Ringera goes i20can assure you nothing will change in the fight on corruption .Who ever comes will take our kshs.1.6m per month and after a while we will join our hands again cry for his blood,he goes and another comes and the music will continue. Parliament will continue as the choir masters and we will be the chearing lot.Meanwhile Ringera and those that wil have joined kacc and left with the millions will join politics and the song for anti corruption will become even lounder.You and me and our children by that time , because we belived the same fellows who have refused to pay taxes return the fuel guzlers , will be singing praise songs to these ringeras kibakis. rairas etc as our saviour to another monster that they parliamentalians will have created.perhaps they will have packed the air for sale.OPEN YOUR EYES DEAR KENYANS

Mwangi Wa Nyambura

From: Okiya Omtatah Okoiti
Sent: Sunday, Sep tember 27, 2009 1:55 PM
Subject: WHY KENYANS MUST STOP JUSTICE RINGERA GOING DOWN WITH KACC

We are reliably informed that since it now cannot pack the Kenya Anti-Corruption Commission (KACC) with it’s cronies, epitomised by Justice (rtd) Aaron Ringera, who is himself to be investigated by the KACC Advisory Board for protecting corrupt politicians and tycoons by withholding evidence on file from prosecutors, the Executive’s new game plan is to provoke Parliament to the point enraged MPs will blindly scrap KACC. And once KACC is scrapped it will die with all the good work it did over the years. The KACC evidence will become redundant and the corrupt will walk free.

It is a fact that though the scam bugs have not been prosecuted, some cases have been thoroughly investigated and, put in hands more capable and willing than Justice Ringera’s, quite a number of senior politicians and tycoons will be nailed.

That is the nightmare scenario that the scheming Executive hopes to avoid by enraging our MPs to20the point they will scrap KACC and all that it represents. So, when Justice Ringera contemptuously taunts and dares the entire Republic, we must understand that he is being a polished actor in a well scripted play. His brief is to get the MPs so angry they will gang up like a bloodthirsty mob to scrap KACC.

Already, in their characteristic posturing and grandstanding in the heat of the moment, we have heard quite a number of MPs tactlessly chest thumbing and threatening to do just that. They think that by scrapping KACC they will “strike a blow against impunity and teach Justice Ringera and President Kibaki a lesson.” Really?

Parliament has political tools at its disposal which it can use with equal or even greater mischief, to fix the Executive. These tools include frustrating Government Bills on the floor of the House; censoring then naming hawkish ministers; starving KACC of funds; and, ultimately, even scrapping KACC.

Nevertheless, for reasons stated above, the MPs should rule out this last option. KACC must NOT be scrapped! The war against corruption must not be lost in the heat of the moment.

But will the MPs save the organisation, given that some of them, their friends, and relatives are under investigation by KACC for corruption, and stand to benefit when the anticorruption watchdog is no more?
Hence, the onus is on ordinary Kenyans to save KACC by boldly standing up and demanding the unconditional exit of Justice Ringera and Ms. Fatuma Sichale. That will not only save KACC, it will allow for the proper legal procedures laid down for appointing the Director and
Assistant Directors to be followed.

Omtatah
0722-684-777