From: Judy Miriga
Date: Sat, Nov 14, 2009 at 2:19 PM
Subject: An Interim Government As-Per Reform Accord Agreement is Overdue in Kenya

Folks,

Please note it is time for an Interim Government put in place in Kenya according to Reform Accord Agreement and time for Coalition Government is overdue in Kenya. This Coalition Government has equally failed to share 50/50 as required hence, the ODM which garnered more than PNU, their Parliamentary Representatives are not able to support or lift their Constituents from Poverty. The Youth Project has not taken off….conflict is ripe on how they want to share the loot, yet the project has been turned to a white elephant. The women funding is far from reality, Parliamentary Representatives are not aware and have no clue if anything like such funding exists so they could inform their Constituents to apply or access the funding. Other times, funding are coded with red tag to hoodwink the International Community, but in reality no funding is disbursed. Something must be done and done urgently.

Quote……..

They also agreed that the President be elected through the popular vote, garnering more than half of the votes cast, and at least 25 per cent or more in over half of the regions. The PM will be picked from the parliamentary party with the highest number of seats and will chair Cabinet meetings. The president remains the commander-in-Chief of the Armed Forces and will have the power to appoint constitutional office holders.

This part is wrong, totally wrong and is unacceptable….will continually provide loop-hole for corruption and graft….The constitution is the backbone life-line of the public…..the people…..the citizens…..how could it be constitutionally appointed by a ceremonial position of the Presidency alone?…….this is a broadspectrum policy guiding principle that which directs the management, economic stability and security of a country……..this must not be accepted by Kenyans…….this is why, through referrundum, Kenyans spoke………

It seems these leaders have run out of New Ideas to be able to push the country to a new level of prosperity from poverty. They spend too much time to party and have pampered treat for themselves spending tax-payers money, they live afluent and majority Kenyans languishing in poverty. This has to stop. Service to people first must be the key to acquiring position of Public Service Office. They must also be seen to commit themselves to performing. What I see in this team, they are either too old to see things rightly and straight or condition of retardation may have sunk in their thinking faculty.

Unfortinately People…….. this Coalition Government will not function as is expected… there is need for it to be dismantled as was stated by the Reform Accord Agreement for it to pave ways for an Interim Government…………..

What we are treated to is Drama Vs. Drama……I dont see light through the tunnel with this coalition government……they have to sit on the side and be shown how things are done………they have no emergency or urgency to save a pathetic situation destroying Kenya, they are not in a hurry to save lives of Kenyans from another repeat conflict from election thuggery, assassination, poverty, displaced persons who have no place to call home, secure peace, secure lands that were grabbed by Kenyatta family, reshufle Judicial and remove Wako who is a stambling block to legal reform, remove Ogego from continued stay and embarrasment in Washington and prepare a platform for Civil Society partnership with the Government to foster community development.

This Coalition Government is not following principles of the signed Reform Accord Agreement, they are slow because they are creating loopholes for corruption and impunity as they forge ahead. The mass killings of the Mungiki, should not take place in un orthodox way, they should be taken to court, spill the beans so we know who played the role at the State House in hiring them, what they were paid and the agreement or oath they undertook. Instant assassination is a way to silence them from talking. We want to know what the Mungiki’s demands were why they fell off with their Mt. Kenya Mafiotic group, why the Kwekwe millitary rebel assassin was formed from the Administration Police known as AP, which Mt. Kenya Mafia is controlling to do clean assassination and walks away easily amongst crowded people without a say. Which Constitution provides for the creation of KWEKWE Military Rebel Assassination Group. Is this not terrorising Kenyans and sending fear waves to majority of Kenyans from talking or having freedom of speech?

They are actually colluding and busy destroying vital information by killing the Mungiki leadership to silence them forever, they have blackmailed the Country Kenya and selling out the country to foreigners in order to retaining their position in Kingship leadership
as long as Kenya survives as a State. They have abused all forms of International Human Rights and do not qualify to remain in power or leadership. They are busy bodies having fun and buying time to fulfil their ends needs.

This Coalition Government will not deliver within the time-frame of the next election. There will be continuously be witch-hunting, arm-twisting, the two principles – President Kibaki and PM Minister Raila keep shifting gears and dont seem to be serious with reform, they protect and shield suspects along with those who have been banned from foreign countries and derailing Parliament from being effective.

We will require the team of eminent leaders with a few nominated Civil Society, Notable Faith Based, some Academicians from local Provinces, Professionals headed by the Parliament to complete the assignment, call referrendum if possible and set the stage for election.

Each and every candidate must sell their policy why and how they want to lead their constituent and how they will be useful to the Nation.

We want all those suspected leaders whose names were forwarded to Hague to have their foreign account frozen and must not be allowed or participate in election and they must be completely be disqualified for next election.

We need and must have an Interim government put in place urgently in Kenya under Humanitarian Grounds without any further delay, this will definately speed up issues and save Kenyans from perishing.

Thanking you all,

Sincerely,

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

Watch attachments………

Anglo Leasing: Kenya risks losing more billions

Published on 11/11/2009
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Government risks losing over Sh60 billion to firms claiming payment for Anglo Leasing-related contracts.

This emerged as officials went into a crisis meeting a day after The Standard reported a British court has frozen 11 Government accounts. This is not the first time a European court has tried to attach state property over Anglo-Leasing-type debts.

Representatives from the State Law Office and the Finance and Foreign Affairs ministries met at Treasury on Tuesday to decide on a course of action.

Prime Minister Raila Odinga’s office is seeking to know why it was left in the dark over the development.

“The Office of the PM will meet with relevant authorities to seek clarification,” said Mr Caroli Omondi, a senior official in the PM’s office.
Sources at Treasury said permanent secretaries Joseph Kinyua (Finance) and Thuita Mwangi (Foreign Affairs), a representative of the Solicitor General and Central Bank officials were summoned to try and find a solution to the crisis.

Inspection and Control Services Ltd (ICS), which obtained orders to freeze Kenya’s donor accounts at Crown Agents Bank, is linked to a prominent business and political family and runs a local office in Nairobi.
A fortnight ago, a British commercial court judge gave orders for the freezing and inspection of Kenyan accounts to ICS, which is demanding about Sh780 million in Anglo-Leasing-related payments. This echoes the issuance of court orders in 2006 by an arbitration court at The Hague to another Anglo-Leasing firm over Sh2.7 billion.

The court ruled in favour of the company after the Government failed to enter a defence.

Legal precedent

The Foreign Affairs PS on Tuesday said Kenya’s High Commission in the United Kingdom has not been affected by the October 23 freeze. But the legal precedent could affect all pending Anglo Leasing contracts and cost taxpayers up to Sh60 billion.

“The ramifications are far-reaching,” said Mars Group Executive director Mwalimu Mati, who has previously warned about promissory notes related to Anglo-Leasing-type contracts.

“Anglo-Leasing promissory notes expire in 2014 and a bad precedent where Kenyan property can be attached has been set,” he added.
“It may well be the beginning of an avalanche of litigation against Government by creditors holding the promissory notes. To cancel a sovereign debt, you have to prove fraud, but Kenya did not put up a credible defence for the cases.”

Lawyers and MPs have demanded the Government proves the efforts it took as the case was being heard.

Central Imenti MP Gitobu Imanyara said he was angered by lack of action by Attorney General Amos Wako and Solicitor General Wanjuki Muchemi, whose offices were kept abreast of the proceedings.

“We read a deliberate attempt to fail to put defences in all cases that are related to fictitious or questionable claims.” Imanyara said.

“The AG and Treasury owe Kenyans an explanation on what arguments were put in favour of Kenya during the proceedings.”

The Law Society of Kenya accused the State of gross negligence and abdicating its duties. LSK vice-chairman James Mwamu challenged Wako and Muchemi to shed more light on their roles in the case.

“This is a matter whose value is about Sh800 million, with serious consequences to the taxpayer. Why have they kept quiet?” Mwamu asked.

“At what particular point did things go wrong? And has the Government formally sought help from her UK counterpart in the case?”
Court contest

Meanwhile, the Foreign Affairs ministry sought to allay fears High Commission property may be targeted next. PS Mwangi said he had no knowledge about Kenya’s failure to defend itself against two companies in a court contest leading to the freeze of the accounts. He admitted that the mission has accounts in the UK but added none of them was frozen by a court order last month. The PS did not disclose how many accounts the High Commission controls in the UK but clarified none had been frozen as a result of the court ruling.

Mwangi added all monies allocated to the mission are “controlled from Nairobi” are unlikely to be encumbered by extraneous transactions.
“We sent the money on the basis of what is budgeted for,” the PS said without offering details.

Financial Secretary Mutua Kilaka told The Standard the matter was serious because the Government failed to honour an arbitration deal on the matter by failing to budget for the funds. Kilaka said the accounts frozen included one used to pay British pensioners who served in Kenya in the colonial regime. Another account had Sterling £624,912 (Sh76 million) at the time the orders were effected.

Details emerged that the Government failed to put up a credible defence in the cases, as well as in other Anglo-Leasing cases. This will have implications for aid as well as for other debts.

Mati said the freeze order will affect donor flow of funds and was likely to scare potential partners who may feel insecure over the funds held in such accounts.

“It also puts the Kenya donor kitties in jeopardy because technicalities of funding which require Government to open accounts will be severely affected,” Mati said.

The Kenyan accounts managed by Crown Bank Agents Ltd were frozen on September 26, affecting funding of various donor projects. By the time we went to Press, it was not immediately clear what decision was arrived at in the Treasury meeting as officers who had promised to revert to the media remained tight-lipped.

Read all about: British court Goldenberg scandal corruption

Parties fail to agree on executive powers

Updated 20 min(s) ago
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The Government failed to reach an agreement on the new constitution after ministers expected to present a common stand to a meeting chaired by President Kibaki and Prime Minister Raila Odinga abandoned the mission.

Mistrust and suspicions between Kibaki’s Party of National Unity and Raila’s Orange Democratic Movement party scuttled the consensus meeting by the team expected to thrash out sticky issues and present a report to the larger Government team meeting at Serena Beach Hotel on Saturday.

But as the three-day retreat chaired by the President and Prime Minister involving ministers, assistant ministers and Permanent Secretaries ended, there was no word on the draft constitution . The Mombasa retreat had been called to resolve discord in Government, and ensure a common stand on national issues, among them, the draft constitution.

The Standard on Sunday learnt presentation of a collective Government position on the draft constitution prepared by the Committee of Experts was shelved after the two political camps failed to strike a deal.
Sources said the ministers, who included members of the Serena Team, were deadlocked on sharing of executive power between the President and PM, their functions, particularly on who should chair Cabinet meetings, and election of president.

But the Prime Minister denied talks on the draft constitution were on the agenda. Raila said the meeting made significant progress, and that the ministers had ironed their differences.

The top Government team had been discussing the sticky executive proposals since Tuesday, ahead of the retreat. The ministers are Uhuru Kenyatta, Mutula Kilonzo, Sam Ongeri, Musalia Mudavadi, James Orengo, Mohamed Elmi, Henry Kosgey, Sally Kosgey, Joseph Kingi, and Attorney General Amos Wako. Others present were joint secretaries Kivutha Kibwana and Miguna Miguna.

There are fears that the stalemate over the structure of government could scuttle the search for a new constitution that has spanned two decades.

The blow on Saturday came barely a day after President Kibaki said an agreement would be reached on sharing of Executive power in a new constitution.

“We are here to reach an agreement. We are not here to debate endlessly. Who are we? Aren’t we Government? Then we must reach an agreement,” the Head of State had told the ministers on Friday, while opening the conference.

The clash between PNU and ODM is who between the President and the PM should wield executive authority and control government.
Committee of Experts

PNU favours a popularly elected president, who heads Government and a ceremonial PM. But ODM prefers an executive PM picked from the parliamentary party with most seats, and a ceremonial president, elected directly by Kenyans.

PNU is adamant it is not proper to strip a president elected through a popular vote of executive power and transfer it to a prime minister. ODM counters executive authority is derived from the Constitution.
In the PNU proposals, the president should remain Head of State and Government, chair the Cabinet, and remain Commander-in-Chief of the armed forces.

The Committee of Experts on Constitutional Review announced on Thursday it would release the proposed draft constitution on Tuesday, at the Kenyatta International Conference Centre. Then there shall be 30 days of public debate before the document is submitted to Parliament.
ODM, on the other side, argues an executive PM sponsored by a party with majority MPs, was the best bet for national unity and stability. ODM maintains, “Voters will be voting for a party and its policies, not an individual”. The party insists on functions of the Executive being separated along two lines: those of the State, and those of Government.

In the Orange position paper, the Head of State is elected by direct vote, or through an electoral college . He is a symbol of unity. He should not vie for a parliamentary seat, as is the case now.
In the ODM arrangement, the PM directs and co-ordinates functions and affairs of government and appoints public officers. The PM is in charge of internal security and inter-governmental relations.

Raila’s Warning
Updated 20 hr(s) 59 min(s) ago
by Alex Ndegwa

President Kibaki and Prime Minister Raila Odinga have warned ministers they risk unspecified punishment if they do not cease squabbling.

Kibaki and Raila reprimanded recalcitrant officials and cautioned he and the President would not tolerate dissent. They were addressing ministers, assistant ministers and permanent secretaries attending a retreat in Mombasa to tame discord in Government.

Some ministers and particularly Regional Development Authorities Minister, Fred Gumo, reportedly asked the President and Prime Minister to sack defiant ministers who he claimed were intent on destabilising the Government. The PM started the dressing down, saying the war of words between ministers and assistant ministers is counter-productive.
“We are yet to see a seamless working relationship among ministers, their assistants and permanent secretaries. In a number of ministries, ministers still refuse to delegate duties to their assistants and permanent secretaries still refuse to defer to their ministers. This cannot continue,” Raila said, as assistant ministers cheered.

“We need to embark on a deliberate policy that will see ministers involve their assistants in the running of ministries. Permanent Secretaries also have to accept that the ministers are the public faces and political heads of the ministries.”

Power struggle

The warnings came in the wake of various spats among ministers, assistant ministers and PSs. In one such case, Sports Minister Hellen Sambili has been embroiled in a war of words with her assistants Wavinya Ndeti and Kabando wa Kabando particularly over the appointment of Umuro Wario to head the Youth Enterprise Fund. The three were present at the function, on Friday.

President Kibaki and Prime Minister Raila at the Cabinet retreat in Mombasa on Friday. Photo: Maarufu Mohamed/Standard
The PM then turned the heat on Cabinet ministers who defied the principle of collective responsibility, including support for reform and other Government initiatives.

“We have seen Cabinet ministers and their assistants criticise the Government they serve in, and even criticise decisions they participated in making. It cannot continue,” he said.

Citing the Mau saga, the PM added: “For instance, when the Government says people have to be relocated from Mau forest you see a minister go to Mau to chest-thump about my people (sic) … Why does that minister think they are his people more than they are the Government’s?”

Fielding questions from reporters later, Agriculture Minister William Ruto said: “Everyone is entitled to his own opinion. We should not engage in blame games. But we will resolve those matters in there.”

The PM also put on notice poor performers, saying he will soon release a report detailing performance by ministries. He observed the audit had revealed some ministries had not even developed a single Cabinet memo. “If you haven’t developed one, one wonders what you are implementing.”

Freedom of expression

“We are moving into the mid-term of our tenure as we begin the third year of the Grand Coalition Government. Kenyans want results. They want it now, and they can’t wait,” Raila told ministers.
President Kibaki said even though ministers and assistant ministers have the constitutional right to express personal opinion, they are bound by the principle of collective responsibility. “We must speak in one voice on issues over which the Government has taken a position,” said the President.

The Head of State observed the Grand Coalition Government brings together parties that sometimes hold different views, which he termed healthy and democratic.

“However on matters of national interest, we have always come up with a Government position. If we are to move forward as a united country, the Government position should be seen as a superior and overriding individual views and party positions,” said Kibaki.

“Similarly, as elected leaders we are all participants in the competitive and elective political process. As we engage in this process, some of us may lose sight of what is of common interest to us, as a Government. There is the temptation of withdrawing to sections of the Kenya population where we think we may gain maximum support. Viewing our competitive politics from a narrow and parochial standpoint is as retrogressive as it is an impediment to nation building,” Kibaki said.
Attorney-General Amos Wako (left) and Head of Public Service Francis Muthaura at the Cabinet retreat in Mombasa on Friday. Photo: Maarufu Mohamed/Standard

Earlier, as a pointer to the wrangling bedeviling Government, assistant ministers demanded the programme be reviewed to allow them time to speak in the presence of the President and Prime Minister.
Defence Assistant Minister David Musila made the request, which he said was agreed upon by the assistant ministers at a meeting the previous night. Raila agreed. But Medical Services Minister Anyang’ Nyong’o’s similar appeal on behalf of ministers was rejected. The Prime Minister said ministers could raise such issues in Cabinet meetings.
Row over mandate

And the night before the President opened the retreat the PNU technical team led by Deputy Prime Minister Uhuru Kenyatta was in disarray after they disagreed with President Kibaki’s advisor on constitutional matters Kivutha Kibwana after he reportedly declined to sign a draft agreement on the kind of system the country should adopt.

A source at the Thursday night meeting said Kibwana refused to sign the draft until, after consulting the President. Kibwana’s move is said to have taken aback his team members, including Uhuru, Cabinet ministers Mutula Kilonzo, Moses Wetangula, and Beth Mugo.

“There were bitter exchanges among PNU members,” said source who sought anonymity. The Standard on Saturday was reliably informed before Prof Kibwana’s protestation, ODM and PNU had agreed on a hybrid system where the President is the Head of State while Prime Minister is the Head of Government.

Cabinet retreat starts amid MPs’ protests
President Mwai Kibaki flanked by the Cabinet at State House Nairobi. PHOTO/ FILE

President Mwai Kibaki flanked by the Cabinet at State House Nairobi. PHOTO/ FILE

By NATION Reporter and CorrespondentPosted Wednesday, November 11 2009 at 22:00

Several ministers arrived in Mombasa on Wednesday ahead of a three-day Cabinet retreat which starts Thursday.

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However, MPs questioned the need for the meeting and challenged the Office of the President to explain its benefits and costs to the taxpayer.
Ministers and their assistants will attend the retreat at Serena Beach Hotel and Spa that seeks to unite the Cabinet under the theme “One government, One voice.”

Deputy Prime Ministers Musalia Mudavadi and Uhuru Kenyatta and ministers Amason Jeffa Kingi and Moses Wetang’ula who were the first to arrive were holed up in closed-door meetings.

The retreat, according to the Presidential Press Service, is to enhance unity and cohesion in the Coalition and will be jointly addressed by President Kibaki and Prime Minister Raila Odinga.

Breakdown of costs

It also seek to bring to an end the bickering, public criticism and divisions in the Cabinet since it was established in April last year. The fate of the victims of post-election violence and the new constitution will also be discussed.

To achieve the goal, they have invited experts who include Canadians Bob Rae, Prof Greg Marchildon and Giles Gherson as wells as Prof Prahlad Basu from India and Irishman Tom Dowing.

In Parliament, Garsen MP Danson Mungatana demanded the breakdown of the costs of the trip for the team of 96 ministers and their assistants.

He sought to know when money for the trip was budgeted for and approved by Parliament. “I do not remember passing a vote for bonding and relaxation of ministers and their assistants,” he said.

Assistant minister for Internal Security Orwa Ojodeh undertook to respond to Mr Mungatana’s question next Thursday.

Kibaki and Raila ‘shielding chaos perpetrators’
By NATION CorrespondentPosted Tuesday, October 13 2009 at 22:00

Five MPs have accused President Kibaki and Prime Minister Raila Odinga of trying to shield masterminds of the post-election.

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The MPs also pledged to support the speedy formation of a special tribunal to work with the International Criminal Court to try the violence perpetrators.

The MPs were attending a meeting on the Special Tribunal for Kenya Bill 2009 organised by the International Center for Policy and Conflict in Nairobi.

In a statement read by Imenti Central MP Gitobu Imanyara, the MPs said the two principals could not be trusted because their public pronouncements did not match their actions.

The MPs said key members of the Cabinet and a small clique of top civil servants were supporting the two to undermine the formation of a Special Tribunal.

Bold and decisive

“The two principals are not genuinely committed to the International Criminal Court, contrary to the impression they are projecting,” they said.

The other MPs were Mr Danson Mungatana (Garsen), Dr Boni Khalwale (Ikolomani), Dr Eseli Simiyu (Kimilili) and Mr David Ngugi (Kinangop).
Mr Imanyara and his colleagues said their support for a Bill seeking to establish a local tribunal was unwavering and pledged to lobby their colleagues to support the Bill.

The Bill is sponsored by Mr Imanyara.

“There must be bold and decisive action against the culture of impunity in Kenya. The establishment of the special tribunal is necessary to ensure adherence to the rule of law and accountability,” the MPs said.
The Bill has provisions for reparations for victims of the violence, delivery of quick justice and also guarantees protection to witnesses.

Nine Mungiki suspects killed

Five armed gangsters were shot and killed at a roadblock in Dandora in this car on Wednesday. Police killed a total on nine people suspected to be Mungiki members in a 12-hour operation. Photo/LIZ MUTHONI

Five armed gangsters were shot and killed at a roadblock in Dandora in this car on Wednesday. Police killed a total on nine people suspected to be Mungiki members in a 12-hour operation. Photo/LIZ MUTHONI
By DOMINIC WABALA and CASPER WAITHAKAPosted Wednesday, November 11 2009 at 22:00

In Summary

* Police boss declares war on sect and vows to hunt down all its members

Police on Wednesday shot dead nine armed Mungiki suspects in Nairobi as Commissioner Mathew Iteere declared war on the sect and vowed to hunt down all its members.

Nine guns and 100 rounds of ammunition were recovered on Tuesday night and Wednesday morning in a 12-hour operation across the city.
Mr Iteere accused Mungiki members of kidnappings, rape, extortion, murder, illegal possession of firearms and robbery with violence and said police will vigorously pursue criminals who have made Kenyans’ lives a nightmare.

Eight suspected Mungiki members were arrested in Ngong on Tuesday night and two AK 47 rifles were recovered.

“We would like to warn the public that the Mungiki criminal gang is responsible for several cases of kidnap, rape, extortion, illegal possession of firearms, robbery with violence and murder. These cases are under investigation around the country,” Mr Iteere said at a press conference at Vigilance House, Nairobi.

The warning comes just days after Mr Njuguna Gitau, the spokesman of the Kenya National Youth Alliance, Mungiki’s political wing, was shot dead in Nairobi.

Mungiki leader Maina Njenga, who is now born-again after murder charges against him were dropped, has said his life is in danger.
Housing assistant minister Bishop Margaret Wanjiru at whose Jesus is Alive Ministries Church Mr Njenga received salvation, has also said that she is being trailed by unknown people.

However, Mr Iteere said routine check-ups on all APs deployed to guard VIPs were going on.

“It is a false impression for the assistant minister to say that she is being trailed by unknown people when they are security officers in a government vehicle,” he said.

On Wednesday, the commissioner described the crackdown against sect members.

“Yesterday (Tuesday) alone officers recovered two AK 47 rifles, two pistols and several rounds of ammunition in Nairobi and Central Province. Today (Wednesday) in Mowlem area of Dandora, officers recovered two pistols and a submachine gun in a fierce shootout with the criminals. Five of their members were killed and one was officer injured,” he said.

Two others were shot dead in Mathare and two pistols were recovered while another two were killed in Donholm estate.

The police boss accused Mungiki of using ill-gotten money to influence individuals of low moral character to ignore their criminal activities.

“The criminal gang has been using illegally obtained money to influence individuals of low moral character to divert attention from their criminal activities. We have noted with concern a deliberate effort to dissuade hardworking police officers from carrying out their duties by continuously threatening them with prosecution by the International Criminal Court for imaginary extrajudicial executions,” the police boss said.

The police boss also dismissed allegations by former Kabete legislator Paul Muite that police killed Mr Gitau. He said police had recorded statements and had accurate description of the gunmen.