From: Judy Miriga

Folks,

Kenya’s Political problem is bigger than what many people can imagine. In a surprise turn, many will be saddened when they will finally come to grips with reality in confirmation of the truth in how they were taken for granted. Miguna Miguna’s book as a witness tells his story and carries with it many aspects which if used by Local or International Jurisdiction, is loaded with valuable points that can put PM Raila to task to answer charges against the Court of Law and which can be used to bring justice against human rights, violation and abuse of public office in such like manner to create personal wealth and for Special Interest against public interest and mandate. Joining and eating with the corrupt robbed Raila the victory of freedom fighter, the journey he begun many years ago. Obstruction of justice will not go forever. Justice will finally be heard.

Raila and Kibaki are on a Mission for commission agency to complete unfinished business of the corrupt past regimes and to promote Uhuru’s Business empire facilitated at Boston’s Massachusetts. That is the base where Master Plan for MoUs for Vision 2030 was delivered by Amb. Odembo to Governor Duval Patrick at State House Boston, Massachusettes. That is why Odembo’s Diaspora team is formed with haste to conform and is set to serve Special Interest’s Agenda. They are in a joint league with China’s Commission Agency to Kenya representing the Unscrupulous International Corporate Special Business Interest under the New Emerging Markets. Funny that this is the reason why Devolution of Counties Bill, Land reform Bill, Security Bill and Finance Bill cannot be completed according to National Reform Accord. This is the reason why the Constitution is mutilated and is inflicted with dangerous clauses which benefits Special Interest values against Public Interest mandate.

Although Kibaki will be retiring, Raila and Uhuru expects to strike a deal on Memorandum of Understanding so they can skip going for election; why, because the Constitution is incomplete and No Election can be done without a proper constitution or with a mutilated damaged constitution. Raila and Uhuru are bonded on a mission and they are of “Birds of the same feathers”…

These projects are labeled Government Business Projects, utilizing donor funds, loans and taxpayer money corruptly, unconstitutionally and irregularly. They are enjoined with faked NGOs from where funds are fizzled through to feed the Trading Enterprises business interests of Special Interest network. Ponzi Schemes, Hedge Fundings and Pyramids Schemes are equally the kind of deals incorporated unscrupulously without public knowledge or consent. Many more politicians with innocent civilians are expected to be terminated, assassinated or killed during this turn-around of campaign season.

To seal their relationship, this is the reason why Raila went to campaign for Museveni after Museveni was awarded with Migingo by Kibaki and Moi playing crucial part over the unfinished business. After campaigning for Museveni, Raila went ahead and invited Museveni to be adorned with a ceremonial Luo Regalia to seal the deals made over the sale of Greater Luo Nyanza Lands with other Public Wealth resource; more specifically targeting Blocks for Oil exploration, other Mineral such as rare colta raw materials for computer with other electronics, Gold, iron ore, Diamond etc., found in and around Migori with a base at Odundu. It is sad that tribal groups are tipped to confrontational civil conflict where in areas of Migori and Odundu, about 2,500 Luo families are moved out of their community land and some Kisiis are favored to do the Government projects denying those who initially owned those land job opportunities to work in the project, and as well likewise, Lake Victoria and Migingo is made to be occupied by the Luhya’s supported by the Somali’s (Head of Al-Shabaab in Kenya while the tail is in Somalia).

People, this is Social injustices, Political intimidation and is an Economic Crime with abuse and violation of Human Rights; which is being made against the unsuspecting disadvantaged poor of Kenyan under a syndicate of conspiracy that has caused serious mental torture to many victims of the circumstances, it has driven many to extreme poverty, it has caused many people to lose their family and community homes and source of livelihood for survival has become extremely difficult. This behavior has caused many youth to go astray because of hopelessness and some engaged in unfavorable destructive activities because of lack of employment as well as exasperated situation of draught with extreme environmental pollution; which must not be taken lightly but people must engage Legal Justice to interrogate and bring to justice these corrupt leaders so that, discipline and order may take effect and properly organized investments for shared fair deal where everyone gets a chance and opportunity to participate in progressive development agenda is at play for all.

No business deals should have been made overriding the constitutional Public mandate. Policy regulations in the Constitution protects and preserves public interest and mandate, but going against it without transparency and accountability is unacceptable and it must not be left without legal justice taking precedence to protect rights of public.

Whether Raila and Uhuru join together under MoU to take leadership of Kenya, their place still remain to be occupied at the ICC Hague.

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

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On Thu, Jul 19, 2012 at 7:33 PM, Maurice Oduor wrote:

KM,

Of course has not changed. Infact I would say that it has gotten worse in certain aspects. Look at how senior government appointments in certain key sectors are the preserve of one tribe!!!

All the Security organs, Finance ministry and its agencies, Transport ministry and its agencies, Energy ministry and its agencies, Provincial Administration and its agencies etc are all controlled by one tribe.

This is the worst scandal in the country and I’m not sure why Kenyans are not outraged about it. Maybe they gave up and came to accept it from this one tribe.

You are right Kuria; Kenya has not changed.

Courage,
Oduor Maurice

On 7/19/12, Henry Gichaba wrote:

Dear Kenyans,

Let wacha Miguna atoboe yote!

I also felt that I had some unfinished business to pursue there relating to the assassination of my good friend, Dr. Crispin Odhiambo Mbai. This sage had been shot and killed at close range in cold blood one Sunday afternoon in September 2003. From Canada I had tried to do all I could to assist in the arrest of his killers who, to date, have not been prosecuted even though The Standard newspaper’s investigative journalists traced some of them to a Tanzanian village. Senior Kenyanpoliticians who were alleged to have been involved in his death have never been investigated.”

Mobbi Gichaba, somewhere in the forests of North carolina.

US condemns China, Russia for Syria UN vetos
By AFP
Posted Thursday, July 19 2012 at 20:56

The United States condemned Thursday the “highly regrettable decision” of China and Russia to veto a UN Security Council resolution threatening sanctions against Syrian President Bashar al-Assad.

It is a “mistake to prop up that regime,” President Barack Obama’s spokesman Jay Carney told a White House briefing shortly after Russia and China blocked UN action against Syria for the third time in nine months.

The veto is a “highly regrettable decision that will, I think, have repercussions for the countries that vetoed the resolution for a long time, in terms of how they’re viewed by the Syrian people,” Carney said.

“There’s no doubt that Syria’s future will not include Bashar al-Assad. His days in power are numbered. It’s a mistake to prop up that regime as it comes to an end.”

Carney’s reaction followed that of US Ambassador to the United Nations Susan Rice, who said bluntly that the UN Security Council had failed on Syria.

“We will intensify our work with a diverse range of partners outside the Security Council to bring pressure to bear on the Assad regime and to deliver assistance to those in need,” Rice said.

“The Security Council has failed utterly in its most important task on the agenda this year,” Rice added, as she slammed Moscow and Beijing.

Highlighting Syria’s stockpile of chemical weapons, Rice said the Syrian government will be “held accountable” if it is used against the opposition.

“As the situation deteriorates, the potential that this regime could consider using chemical weapons against its own people should be a concern for us all,” she said.

Fears over the chemical weapons have increased in recent days.

On Monday, Nawaf Fares, who defected from his post as Syrian ambassador to Iraq, said in an interview with the BBC that he was “convinced” that Assad would draw on his stocks if cornered.

The latest Russia-China veto deepened an acrimonious battle at the 15-nation council over who is to blame for the world powers’ failure to get international action to halt the Syria conflict.

There were 11 votes in favor, with Russia and China voting against and with Pakistan and South Africa abstaining. As two of the five veto-wielding permanent members of the council, Russia or China can block any resolution.

Billions in tax revenue goes missing

[image]A clerk at the KRA headquarters receives tax return forms from members of public outside the Kenya Revenue Authority offices. The Government could have lost billions of shillings over the years as exact figures of the amounts collected in tax revenue remain unknown. Photo/FILE

By MWANIKI WAHOME jwahome@ke.nationmedia.com
Posted Thursday, July 19 2012 at 20:12

In Summary
Mars Group presents figures showing about Sh98.4bn in fiscal year 2007/08 was unaccounted for

The Government could have lost billions of shillings over the years as exact figures of the amounts collected in tax revenue remain unknown.

Figures presented by the Mars Group, a watchdog organisation, to the budget committee yesterday indicated that in the 2007/08 financial year, some Sh98.4 billion in ordinary revenue was not accounted for.

“What is shocking is that in June 2009, a month after receiving the auditor-general’s certified accounts indicating receipt of Sh496 billion, the Finance Minister declared Sh397 billion to Parliament — a difference of Sh98 billion,” said Mars Group managing director, Ms Jayne Mati.

Overall, Sh498.9 billion in revenue accounts was not certified by the Auditor-General’s office as required due to audit queries. Out of this amount contained in 57 queries in the accounts, only those concerning Sh3.4 billion were fully answered.

Ms Mati said their analysis of budget figures indicated a pattern over the years, with most of the queries raised by the auditor-general going unanswered.

“Most of the audit queries involving huge amounts of money every year are not answered. The figures seem to double in the election years,” she said.

The amounts collected by Kenya Revenue Authority do not tally with what is received by the exchequer in most cases. For example, the revenue collected in 2007/08 for taxes on income, profits and capital gains has five different figures depending on the institution.

The exchequer shows Sh168 billion, KRA noted Sh166 billion, the amount in ledger records is Sh172.9 billion, amount in revenue statement is Sh177 billion and the amount declared in Parliament by the

Finance minister is Sh165 billion.

She said the opening balance figures for the subsequent financial year were understated, and were omitted for the first time in this year’s budget statement.

Grants and loans revenue was reflected as Sh26.7 billion in the auditor-general’s certified accounts, but only Sh20 billion was declared in Parliament, a difference of Sh6 billion that is yet to be accounted for.

The miscellaneous accounts had Sh15.9 billion, but only Sh8.5 billion was declared to Parliament.

Income tax from corporations declared in Parliament was Sh79 billion, while the exchequer account records reflected Sh86.6 billion, an understatement of Sh7.5 billion.

Billions in tax revenue goes missing

By MWANIKI WAHOME jwahome@ke.nationmedia.com
Posted Thursday, July 19 2012 at 20:12

In Summary
Mars Group presents figures showing about Sh98.4bn in fiscal year 2007/08 was unaccounted for

The Government could have lost billions of shillings over the years as exact figures of the amounts collected in tax revenue remain unknown.

Figures presented by the Mars Group, a watchdog organisation, to the budget committee yesterday indicated that in the 2007/08 financial year, some Sh98.4 billion in ordinary revenue was not accounted for.

“What is shocking is that in June 2009, a month after receiving the auditor-general’s certified accounts indicating receipt of Sh496 billion, the Finance Minister declared Sh397 billion to Parliament — a difference of Sh98 billion,” said Mars Group managing director, Ms Jayne Mati.

Overall, Sh498.9 billion in revenue accounts was not certified by the Auditor-General’s office as required due to audit queries. Out of this amount contained in 57 queries in the accounts, only those concerning Sh3.4 billion were fully answered.

Ms Mati said their analysis of budget figures indicated a pattern over the years, with most of the queries raised by the auditor-general going unanswered.

“Most of the audit queries involving huge amounts of money every year are not answered. The figures seem to double in the election years,” she said.

The amounts collected by Kenya Revenue Authority do not tally with what is received by the exchequer in most cases. For example, the revenue collected in 2007/08 for taxes on income, profits and capital gains has five different figures depending on the institution.

The exchequer shows Sh168 billion, KRA noted Sh166 billion, the amount in ledger records is Sh172.9 billion, amount in revenue statement is Sh177 billion and the amount declared in Parliament by the

Finance minister is Sh165 billion.

She said the opening balance figures for the subsequent financial year were understated, and were omitted for the first time in this year’s budget statement.

Grants and loans revenue was reflected as Sh26.7 billion in the auditor-general’s certified accounts, but only Sh20 billion was declared in Parliament, a difference of Sh6 billion that is yet to be accounted for.

The miscellaneous accounts had Sh15.9 billion, but only Sh8.5 billion was declared to Parliament.

Income tax from corporations declared in Parliament was Sh79 billion, while the exchequer account records reflected Sh86.6 billion, an understatement of Sh7.5 billion.

Seek compensation, officials told

By PAUL OGEMBA pogemba@ke.nationmedia.com
Posted Thursday, July 19 2012 at 23:30

In Summary
Three activists want the courts to allow the commissioners to seek damages for their dismissal

The row over the appointment of 47 county commissioners has taken a new twist with a call to compensate them for the time they have been in office.

Three activists want the courts to allow the commissioners to seek damages for their “dismissal”.

Mr Tambo Michael Ouma, Ms Elizabeth Waithira Njuguna and Mr Jeremiah Odhiambo Ambasa claim that the commissioners’ appointments were nullified by the court and so they should be compensated.

According to the activists, the President should have appointed the commissioners procedurally.

They argued that the officers’ integrity was eroded when the court nullified the appointments and that they should be entitled to compensation for the three months in office.

The petition is the latest move in a saga pitting the Attorney General and the Ministry of Internal Security.

On Tuesday, AG Githu Muigai clashed in court with Internal Security permanent secretary Mutea Iringo over the ruling that nullified the appointments.

Prof Muigai maintained that his office was ready to obey the ruling.

The AG dismissed Mr Iringo’s hiring of a private lawyer to appeal the court decision, saying he was the only one mandated by the Constitution to act on behalf of any government office in legal suits.

Mr Iringo has instructed lawyer Kibe Mungai to file an appeal against the decision claiming that if the orders are enforced, a serious vacuum would be created in the administration of counties pending the completion of the restructuring of the Provincial Administration.

He argued that the execution of the judgment would affect security and administrative services provided by the Provincial Administration at county level, locations and sub-locations.

He claimed the judgment had paralysed and curtailed the President’s constitutional mandate and called into question all the powers of the President to act under the provision of the executive chapter of the former Constitution.

Lady Justice Mumbi Ngugi last month nullified President Kibaki’s appointment of the commissioners; ruling that the President did not have the power to appoint or deploy the county commissioners and that such appointment violated the constitutional requirement for gender equality.

Nyong’o needs to tell Kenyans why he reinstated Kerich to NHIF helm

Posted Thursday, July 19 2012 at 20:04

The NHIF saga has elicited an acrimonious debate in the recent past and the public has cast a lot of aspersions on the way the institution has been managing the money that belongs to public servants.

That is why the President and the Prime Minister ordered further investigation into the scandal.

The dust has barely settled and Medical Services Minister Anyang’ Nyong’o has reinstated Mr Richard Kerich at the helm as chief executive of the institution.

This has been done despite the fact that conclusive investigation has not been done, and there are still more questions than answers concerning the health insurance scheme hatched for civil servants. The minister has gone ahead to disregard the President and the PM over the matter.

The questions that linger on are: On which grounds did the minister reinstated Mr. Kerich? Was Mr Kerich cleared of the serious allegations levelled against him?

The minister owes Kenyans an explanation. Parliament did return an inconclusive and completely unreliable report on the scandal involving the civil servants medical scheme. Did the minister use this as a leeway to return Mr Kerich to the helm?

The Efficiency Monitoring Unit, which is under the PM’s office, was to spearhead investigations into the fund that has been accused of paying money to non-existent clinics. The unit has since then never produced a report that sheds any light on the scandal, yet the minister has disregarded all this.

What we are seeing from the minister is the height of impunity. His action raises eyebrows. The President and the PM should take a cue from the minister’s action and take action.

In my opinion the minister should either step down or be sacked for his defiance. The principals have, on various occasions, vowed to combat impunity. They should demonstrate this by punishing erring ministers like Nyong’o.

VIVERE NANDIEMO, Ikerege
—————————

Sham scheme

The NHIF civil servants outpatient medical scheme is proving to be a sham. What is the need of contributing to a scheme that puts very little monthly cash ceilings (as little as Sh2,000) to contributors who also have other family members?

Where did those enticing figures of Sh500,000 and above a year disappear to? To make matters worse, services such as x-ray, ultrasound are not catered for! I’m better off with my little monthly medical allowance and I demand it back.

FELIX ONYANGO, Nairobi

STATEMENT OVER THE ONGOING FURORE OVER MY BOOK,
PEELING OFF THE MASK: A QUEST FOR JUSTICE
BY MIGUNA MIGUNA

FOR IMMEDIATE RELEASE

I wish to sincerely thank the more than five hundred Kenyans and friends of Kenya of good will who attended my book launch on Saturday, July 14, 2012 at the Intercontinental Hotel in Nairobi. Thanks to you, it was a splendid success!

Let me also express my gratitude to thousands of people, who have sent me short text messages, emails or telephoned me to encourage me and to express their unyielding support before and after the launch.

I am issuing this statement from Toronto, Canada, where my family and I have just arrived and hope to start enjoying a much-deserved and pre-planned summer holiday. Contrary to malicious reports in the media, my family and I booked our flights on May 24, 2012. I am not sure why some people are implying that I should have sought and obtained their permission before traveling abroad. No one has a right to my family privacy.

I am particularly disturbed by fake and false media reports that I had fled into exile. Some desperate political goons for hire have even claimed that I have ‘fled from justice.’ There have been suggestions that I have fled because of law suits and potential arrest. By the time I left Kenya, I had not been served with any legal notices or law suits. In any event, neither could have prevented me from traveling.

I have earned a living practicing law for more than 15 years. Therefore, a lawsuit isn’t something I run away from. Nor would I be scared of an incompetent, misguided and delusional political announcement to the media by the director of public prosecutions that I should record a statement with the Kenya Police. Keriako Tobiko has no mandate over the International Criminal Court. Instead of issuing threats to me – someone he considers a potential witness – the Witness Protection Act compels him to provide me with protection. Threatening me over the media is a clear breach. Consequently, I will treat his politically motivated statement with the contempt it deserves.

I boarded my flight at the Jomo Kenyatta International Airport on July 16, 2012, like any other passenger. Based on media reports, the Prime Minister of Kenya, Raila Odinga, also left for China almost at the same time our flight departed. Was he also fleeing into exile?

My book, Peeling Back the Mask is a political memoir. It contains my life’s narrative. It explains my background, growth, maturity, experiences, reflections and thoughts. It attempts to record history. It also tries to unmask the culture of impunity that has bedeviled our country for more than fifty years. For me, any debates, discussions and further reflections that result from the book’s publication can only deepen our thoughts, expand the democratic space, entrench the rule of law and help broaden good governance. That’s a good thing.

However, when I see ravenous mobs burn my effigy, bury a coffin symbolizing my death and threatening me, my immediate and extended family merely because I wrote a book that they perceive to be critical of their political deity even though, in all likelihood, they might not have read; it demonstrates a level of intolerance, ignorance and base loyalty to certain political personages in a manner that cannot be positive.

Chillingly, as my effigy and ‘coffin’ were being burnt and buried in a mock funeral in Nyando by Raila’s fanatics, the Prime Minister failed to see the need to restrain his supporters. He didn’t openly call for peaceful and reasoned debates as we would expect of someone claiming to be a statesman.

As a mob was holding my funeral procession, calling for my ‘deportation to Canada’, threatening my brother and his family, Raila’s intellectual groupies were unleashing a coordinated assault on my character and reputation through the media. False allegations are being dredged up in a desperate but futile attempt to bolster the ambitions and campaigns of a man whose quest for power has reached a dead end. But rather than conduct a searing self-evaluation, they want to hurl all the blame on me.

Raila Odinga is running for president. I am not. As a person who has occupied an exalted public position in our society for decades; one who has enjoyed immense privileges; and one who is seeking even more power and privileges; Raila Odinga must be audited, vetted and weighed thoroughly for his record in public life before he can be found to have satisfied the requirements for election. If he doesn’t like the audit, he must be prepared to cede ground and relinquish his political ambitions. There are no two ways around it. But he cannot intimidate, threaten or beat us into submission.

Two questions we need to ask Raila are these: (a) If his supporters and groupies can burn my effigy and mock coffin and attack me viciously in the era of the new constitution that guarantees me the right to express myself fully including in book form merely on account that I have written a book they dislike because it is critical of him; what are they capable of inflicting if Raila were to become president? (b) Are the rights Raila proudly claims he fought for only meant for his supporters and sycophants?

I wish to inform the country that when The Standard newspaper purportedly published an article titled “Miguna answers Sarah Elderkin” on or about July 17, 2012, I was in a jet somewhere over the Atlantic Ocean and couldn’t have been capable of accessing Sarah’s piece in the Daily Nation (which I have still not read, having just arrived in Toronto), and definitely didn’t have the time to write it. It’s unfortunate that The Standard newspaper published a misleading and fake article and maliciously purported it to be mine. By this statement, I would like to pout The Standard newspaper on notice that I shall take appropriate legal action against it for this false and clearly malicious publication.

Moreover, I don’t have the time, interest or the intention of arguing with Sarah over a book she has clearly not read. She answers herself at pages 496-498 of my book as well as in her article, “Keep It Real and Keep It Balanced” published in the May 19, 2011 issue of the Star newspaper in which she corroborated each and every claim I have made in Peeling Back the Mask. Readers should be aware, nonetheless, that I have more than fifty emails from Sarah confirming the runway corruption in the Prime Minister’s Office. If I was like Sarah, I would have unleashed them in defense of myself. But I am not going to bore my readers with details of the rot of and around Raila Odinga because the whole country already knows the truth.

Let me also make it clear that I do not have a Facebook account, have never used that platform to communicate and have no intentions of doing so any time soon. Consequently, purported Facebook publications bearing my name should be ignored as mischievous.

I am scheduled back to Kenya on or about August 18th, 2012, when my family holiday and publicity tour of my book ends. On arrival, I shall issue a comprehensive statement on some of the issues that have been raised in the media in recent days over my latest book and attendant political issues. Until then, I will enjoy my working holiday with my family.

Finally, let me say this: I will not be intimidated, threatened or shouted into silence by con-men, busy-bodies, hangers-on and political groupies.

The struggle against impunity will and must continue.

Thank you.

Lawmaker Rejects Calls for Kenyan Leader’s Resignation
Peter Clottey

Clottey interview with Ababu Namwamba, ODM leading member

Player cannot play this media

Last updated on: July 17, 2012 8:36 PM

A leading member of the Orange Democratic Movement in Kenya’s coalition government has dismissed calls by a former advisor and opponents for the immediate resignation of prime minister Raila Odinga.

Ababu Namwamba, who is also a parliamentarian, said accusations being leveled against the prime minister are aimed at undermining Odinga’s credibility and popularity ahead of the next general election.

His comments came after Miguna Miguna, a former adviser to the prime minister, called for his resignation for what he says is Odinga’s abdication of his constitutional responsibilities. He also accused him of condoning graft.

But, ODM leading member Namwamba said the allegations should be rejected “with the contempt that it deserves.”

“We have information, and we have good reason to believe that Mr. Miguna is acting and working at the behest of the rivals of the prime minister who are determined to go to any extent to scuttle his presidential bid,” said Namwamba.

“It has been clear the kind of support he [Miguna] has received from within circles… desperate to paint the prime minister as bad… in the public eye,” he added.

In his newly released memoir, Miguna said he has evidence connecting senior officials of the prime minister’s ODM party to violence following elections in late 2008. The 30-day conflict left at least 1,300 people dead and over 600, 000 displaced.

Namwamba said Miguna is committing a crime under Kenyan law for refusing to divulge information necessary for the prosecution of alleged masterminds of the violence.

“In the Kenyan constitution, withholding evidence is a criminal offense. It amounts to aiding and abetting a criminal offense. And so the question is if Mr. Miguna is holding this evidence for crimes that were committed more than four years ago… what has been his motivation for withholding this evidence?” asked Namwamba.

“That is why it is our considered opinion that he has to be invited by the Kenyan security machinery to give this evidence, and he has to be invited by the ICC [International Criminal Court] to proffer this evidence, otherwise what he has done is sensationalism. It is fear mongering really and is something that should not go unpunished,” said Namwamba.

Miguna left Kenya for Canada after launching his memoir and demanding the resignation of the prime minister. But Namwamba called for his extradition to provide the evidence he said he has about the post-election violence.

“He has sneaked out of the country which goes a long way to cast serious doubt not only about the veracity of his claims but also on the character of this man,” said Namwamba.

“I will urge the Kenyan authorities to extradite him back to Kenya so that he can take responsibility for his utterances and his publication.”